"IMCNZ" means the Institute of Management Consultants New Zealand.
"Person" includes natural persons and all forms of body corporate.
"Consultant" means a person who is a member of IMCNZ.
"User" means any person or organization registered and able to use the IMCNZ Database, including Consultants.
"Database" means the IMCNZ Consultants Database and all information contained on it, including any User registration information.
"Reference Material" means any material on the Database that is provided through the IMCNZ web site.
The IMCNZ Consultants Database
IMCNZ will manage the IMCNZ Consultants Database in a manner consistent with standards generally expected of an international professional body. IMCNZ agrees to use reasonable commercial efforts to update Reference Material in the Database.
Consultant grants IMCNZ a license to include Consultant's name and any other information provided by Consultant ("Consultant's Information") in the Database. This license includes, without limitation, the right to reprint, reproduce, publish, distribute, sublicense, and display the Consultant's Information in any media, including print, electronic, and digital format. Consultant's Information will be viewed by Users.
Consultant represents and warrants that it has the full right and authority to grant IMCNZ the rights set forth in this Agreement, free and clear of any claims and obligations, and that IMCNZ's use of the Consultant's Information will not violate any proprietary rights of any third parties. Consultant agrees to indemnify IMCNZ from any loss, damage, cost, liability, or expense (including reasonable attorneys' fees) arising out of any claim resulting from a third party use of Consultant's services or Consultant's Information.
While IMCNZ has no reason to believe that there will be any inaccuracies or defects in, or unauthorised changes to, any Consultant's Information, IMCNZ does not guarantee the accuracy, completeness or availability of the information presented in the Consultants Database, and all of the Consultant's Information is subject to change without notice.
IMCNZ does not guarantee the accuracy, completeness or availability of the information presented on the IMCNZ Web Site, and all of the information on the IMCNZ Web Site is subject to change without notice. Use of the IMCNZ Web Site following any such change constitutes the User's agreement to follow and be bound by the rules as changed. By accessing the IMCNZ Web Site, the User agrees to assume full responsibility for the legal consequences of using the IMCNZ Web Site and agrees to indemnify and hold harmless IMCNZ, its officers, directors, employees and member institutes, from any and all claims of any kind arising out of the User's participation in or use of the IMCNZ Web Site or of any service provided by Consultants. The IMCNZ Web Site and all information included are provided "AS IS" and without warranties of any kind, either express or implied.
IMCNZ will in no event be liable to a User, or any person claiming through or under a User, for any direct, special, consequential or incidental damages of any kind in respect of: Reference Material; Consultant's Information; the availability, characteristics, qualities, services, conduct or background of any Consultant contacted or engaged by Users; or computer viruses or other hardware or software deficiencies in relation to the IMCNZ Database or the services supplied by IMCNZ.
IMCNZ may revoke any User's registration to the IMCNZ Web Site at its sole discretion, at any time. If the User's registration is revoked by IMCNZ, IMCNZ will send notification to the User at a contact or address provided by the User on the Database. Users may access, change, add to or delete any registration information relating to the User at any time through the login and password system. IMCNZ may change, add to or delete registration information relating to User at any time.
Users will not publish, broadcast, disseminate or use Consultant's Information or Reference Material except for the purpose of including it in the IMCNZ Database. IMCNZ may impose restrictions on the amount and type of Reference Material Users may view or download from the Database or upload to the Database.
IMCNZ may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny the User access to the IMCNZ Web Site, if in IMCNZ's sole discretion, the User fails to comply with any term or provision of this Agreement.
These Terms and Conditions are to be governed and construed in accordance with the laws of the New Zealand. IMCNZ will not be liable for any delay, interruption or failure in the performance of its obligations that is caused or contributed to by any circumstance outside IMCNZ's reasonable control. Nothing contained in this Agreement will be deemed to create or be construed as creating a joint venture or partnership between IMCNZ and Consultants or IMCNZ and the User.