| | Terms and Conditions of Diner Listing | |
| | | | By ordering our services in any way you are agreeing to be bound by our terms and conditions below.
Policy and Service Guidelines
We want to provide the best possible service to our customers and to do so; we have to set forth some guidelines for everyone to follow. Even if you place your order by phone, you are bound by these terms and conditions. These terms and conditions override any email, chat session, or contact of any kind with any of our staff. This Agreement will become effective when accepted by both parties.
Content
All services provided by us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any New Zealand City, Country or Province law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Cezaa Limited from any claims resulting from the use of the service, which damages the subscriber or any other party.
Pornography and sex-related merchandising and material is prohibited on all diner accounts and site listings hosted by Cezaa Limited. This includes sites that may infer sexual content, or links to adult content elsewhere. Cezaa Limited will be the sole arbiter in determining violations of this provision. If pornography is found on our server, the offending diner account will be deleted immediately with no warning and no refunds of money will be given.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Cezaa Limited servers or any other server on the Internet. Links to such materials are also prohibited.
Cezaa Limited will be the sole arbiter as to what constitutes a violation of this provision.
Current Information
All information kept on Diner must be kept current. Information consists of but is not limited to the following
- Any offers or current specials displayed on your Diner listing
- Any change in contact details of your establishment
- Any change in ownership of your establishment
- Any significant changes in menu or other large shifts in the type of your establishment.
You are responsible for making sure the information is up to date. Cezaa will not be held liable for any problems that may or may not arise from incorrect or inaccurate information.
Email
Spamming, or the sending of unsolicited email or message board posts including, without limitation, commercial advertising and informational announcements, from our server(s) or using an email address or domain that is maintained on an Cezaa Limited machine as reference in that spam is STRICTLY prohibited. Domains, sites, and diner accounts are subject to being cancelled immediately off of our server as well as fined no less than $1000 NZ. A user shall not use another site's mail server to relay mail without the express permission of the site. Cezaa Limited will be the sole arbiter as to what constitutes a violation of these provisions.
To reduce loads on our servers we have imposed a restriction on how many times you may check your email in an hour. This limit is 60 times. This does not mean that you will lose any email during that given time, it just means that you cannot sit with your email program open and hit the receive button every 30 seconds.
To reduce the possibility of spam and to reduce the load on our servers we have imposed a restriction on how many emails each domain may send out in a given hour. That limit is 250 per hour.
Diner Packages
We reserve the right to change the packages, products and services that we offer without prior notice.
System and Network Security
Violations of the Cezaa Limited system or network security are prohibited, and may result in criminal and civil liability. Cezaa Limited will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, but not limited to, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any system or network without express authorization of the owner of the system or network.
- Interference with service to any user including, but not limited to, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Cezaa Limited reserves the right to report illegal activities to any and all regulatory, administrative, and / or governmental authorities for prosecution.
Age
The client must be 18 years of age to obtain our diner services. If a client is under the age of 18 and would like to obtain our diner services then it is necessary for a parent or guardian to enter this agreement.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of Cezaa Limited is strictly prohibited.
Excessive Use of Resources
Excessive use of resources will cause your diner account to be suspended or terminated. A warning will be issued prior to suspension and/or termination. This is an unlikely scenario however; Cezaa Limited shall be the sole arbiter of what constitutes a violation of this clause.
IP Numbers
Cezaa Limited maintains control and any ownership of any and all I. P. numbers, addresses and subdomains that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers, addresses and subdomains. (You retain the ownership of your domain name and all material owned by you contained in your listing.)
Indemnity
You agree to defend, indemnify and hold harmless Cezaa Limited and the directors, officers, employees and agents of Cezaa Limited, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your sub-domain name, domain name, diner listing or the use thereof. We do not claim ownership of your content. It is completely yours. All content on your diner listing is considered a publication of yours and we are not to be held responsible for anything you present on the web through your diner listing in any way.
Limitation of Liability (Diner Listing)
Cezaa Limited shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Cezaa Limited servers going off-line or being unavailable for any reason whatsoever. Further, Cezaa Limited shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any diner listing content from one of Cezaa Limited servers. All damages shall be limited to the immediate termination of your service. We will always do our best to keep things running smoothly and to ensure that your web experience is the best. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data miss-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Number, Password or security authentication; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store email messages; (7) loss or liability resulting from the development or interruption of your Web site listing; (8) loss or liability from your inability to use our mail service; or (9) loss or liability from the use of our mail service; or (10) loss or liability that you may incur in connection with our processing of your application for our services, or your agents failure to pay any fees, including the initial registration fee or re-registration fee.
Diner Account Activation
All sales/services/subscriptions are FINAL, no refunds. By activating your diner account with Cezaa Limited, you agree to the above policies and disclaimer. Upon requesting account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.
Payment
Payment is due on a set day of each month, which is determined at the time of your registration. Payments are to be made 1 month in advance. Payment not received by the due date will cause the immediate demotion of an account to the standard diner free package. Payment is deemed received the business day following the clearing of the funds.
Diner Account Deactivation
You may initiate Account deactivation, which will commence within 7 working days of notification. Our service will continue for the remainder of the current months billing cycle. Outstanding debts will be taken from any credits you may have with us and you may be invoiced for any additional differences outstanding. Any credit you have with us will be refunded.
Refusal of Service
Cezaa Limited shall be the sole arbiter of what is and is not a violation of these terms and conditions. Cezaa Limited reserves the right to terminate any diner account at any time and for any reason. Cezaa Limited reserves the right to delete all content and files upon termination. Cezaa Limited reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Cezaa Limited, reserves the right to refuse, cancel, or suspend service at our sole discretion.
In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Cezaa Limited may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Cezaa Limited as reflected in the original provision.
This Agreement and all rights hereunder shall be governed by the laws of New Zealand. Any action relating to this Agreement or to your use of the Cezaa Limited site shall be brought exclusively in the courts of New Zealand.
Cezaa Limited reserves the right to change the Terms and Conditions without prior notice or warning. The current version of the Terms and Conditions can be found online (http://www.diner.co.nz/site/misc/conditions/). Non-enforcement of any part of the Terms and Conditions does not constitute consent.
This Agreement, the Cezaa Limited fee schedule, the Diner terms of use and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Cezaa Limited, and supersede and govern all prior proposals, agreements, or other communications.
Complaints regarding Illegal Use or System or Network Security issues and complaints regarding email abuse or SPAM should be sent to our abuse team.
Failure to follow any term or condition will be grounds for immediate shut down.
Violation of any of these terms shall nullify any right to refund. |
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