Diner - Terms of Use

Acceptance of Terms

Diner.co.nz is electronically published by Cezaa Limited ("Cezaa"). Cezaa provides its services to you, subject to the following Terms of Use ("ToU"), which may be updated or altered from time to time without prior notice. By using our services, you are agreeing to all of these terms, conditions and notices, without modification.

Use of Services

Cezaa maintains this web site (the "Site") as a service to its Users. The information presented herein is for informative purposes only. Cezaa invites Users to visit its Site and to download and copy information, documents and materials (collectively, the "Materials") from the Site for personal, non-commercial use, without the right to resell, redistribute or create derivative works therefrom, subject to the ToU outlined below. Use of this Site is at Users sole risk.

Reproduction or republishing in whole or part for inclusion in any work is strictly prohibited without prior written permission of the electronic publisher. Information may, however, be printed for the sole purpose of contacting our advertisers.

Validity and Quality of Information

Cezaa Limited, Diner, and the establishments listed on Diner make no guarantees whatsoever regarding the quality or validity of any of the information presented on Diner. All information including but not limited to opening hours, menus, and pricing presented on Diner are subject to change without notice and those displayed on Diner may not be current and valid. Cezaa Limited and Diner make no guarantees whatsoever regarding the valididty of any special offers or coupons available from specials tab of listings: any special offers or coupons available from specials tab of listings have been placed in accordance with establishments requirements and are subject to acceptance by establishment. It is the establishments responsibility to notify and provide Diner with updated information and specials as appropriate. Information and specials displayed on Diner should only be used as a guide, validity of information and specials should be confirmed by contacting the relevant establishment using the contact information provided on basics tab or through the establishment feedback tab, be sure to mention Diner.

Disclaimer

Materials provided on this Site are provided "as is", without warranty of any kind, either expressed or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. Cezaa (and the establishments listed) specifically does not make any warranties or representations as to the accuracy or completeness of any such Materials. Cezaa periodically adds, changes, improves, or updates the Materials on this Site without notice. Under no circumstances shall Cezaa (or the establishments listed) be liable for any loss, damage, liability or expense incurred or suffered which is claimed to resulted from use of this Site, including without limitation, any fault, error, omission, interruption or delay with respect thereto. Under no circumstances, including, but not limited to, negligence, shall Cezaa (or the establishments listed) be liable for any direct, indirect, statutory, incidental, special, consequential or punitive damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods or services, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of the Site, even if Cezaa (or the establishments listed) has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.

User specifically acknowledges and agrees that Cezaa (and the establishments listed) is not liable for any conduct of any User.

This Site may contain advice, opinions, and statements of various information providers and content providers. Cezaa (and the establishments listed) does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, or any User of this Site or other person or entity. Reliance upon such opinion, advice, statement, or other information shall also be at User's own risk. Neither Cezaa (nor the establishments listed), nor any of its information providers or content providers shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, for any damages resulting therefrom. As a condition of use of this Site, User agrees to indemnify Cezaa (and the establishments listed) from and against any and all actions, claims, losses, damages, liabilities and expenses arising out of User's use of this Site, including without limitation any claims alleging facts that if true would constitute a breach by User of these ToU, User's sole and exclusive remedy is to discontinue using this Site.

Links to Third-Party Websites

This site contains links to third-party web sites. These linked sites are not under the control of Cezaa, and Cezaa is under no circumstances responsible for the contents of any linked site or any link contained in a linked site. Cezaa provides these links only as a convenience and as a service to Users, and the inclusion of a link does not imply endorsement of the linked site by Cezaa.

Furthermore, User agrees to use bulletin boards, access to mailing lists or other message or communication facilities (collectively, "DISCUSSION") contained by this Site only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, User agrees that when using a Forum, User shall not do any of the following:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as the right of privacy and publicity) of others.
Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another computer.
Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
Falsify the origin or source of software or other Material contained in a file that is uploaded.
Advertise or offer to sell any goods or services, or conduct or forward surveys, contests, chain letters or pyramid schemes.
Download any file posted by another User of a Forum that you know, or reasonably should know, cannot be legally distributed in such a manner.
Collect or store personal data about other Users.

User acknowledges that all DISCUSSION is public and not private communications. Further, User acknowledges that postings, e-mails and other communications by other Users are not endorsed by Cezaa, and such communications shall not be considered reviewed, screened, or approved by Cezaa. Cezaa reserves the right for any reason to remove without notice any contents of the DISCUSSION received from Users, including without limitation e-mail and bulletin board postings.

Submission, Deletion and Rejection of Websites.

Cezaa maintains a web directory aimed at providing links to websites related to all aspects of New Zealand Cuisine. Cezaa invites Users to submit relevant sites owned or created by them, or relevant third-party links for indexing. User acknowledges that Cezaa has the right, but not the obligation, in its sole discretion to reject any link submitted to Cezaa. Without limitation of the foregoing, Cezaa reserves the right to reject and to delete any Materials that violate the ToU or are otherwise objectionable. Further, User acknowledges that Cezaa may preserve Materials and may also disclose Materials if required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

Comply with legal process.
Enforce the ToU.
Respond to claims that any Materials violate the rights of third-parties.
Protect the rights, property, or personal safety of Cezaa, its users and the public.