| ACCEPTANCE OF TERMS
If you do not accept these terms and conditions, you must refrain from using the Services.
OCC is entitled at any time, without prior notice, to change and update these Terms and any other information contained in the Website. In addition, OCC may make improvements or changes to services or programs on the Website, at any time without prior notice.
OCC provides a venue for members who want to advertise and publish their events, news and thoughts (“Contributors”).
Posting contents for publication on OCC websites does not grant you any right to demand that such contents be published or continue to be published.
In order to enable a responsible discussion and to prevent abuse of the Website, OCC may review such contents prior to publication. Such reviews shall only be carried out in order to attempt to prevent the publication of hate speech, threats, vulgarity and contents which are prima facie illegal, with no need to use professional legal discretion.
When submitting information and content for posting on the Website, you bear full and sole liability for any consequence deriving from the posting. You must ensure that such contents are lawful.
Among other things and for the purpose of illustration only, publication of the following on Website is forbidden:
- Any information you know to be false, misleading or fraudulent;
- Any information infringing or violating proprietary rights of other parties – including copyrights or trademarks
- Any information of a pornographic or crude sexual nature;
- Any information concerning minors that identifies them, their personal details or their address and ways to contact them;
- Any information concerning events that are not organized by you or your organization and that identify venue and time – for security purposes;
- Any content constituting defamation of a person or violating his or her privacy or reputation;
- Any content which personally identifies other people, who did not give their consent to the publication of their identity;
- Any content of a harassing, insulting, hostile, intimidating or crude nature;
- Any content which exhibits or incites racism or discrimination based on ethnic or national origin, color, culture, religion, sex, occupation, sexual orientation, disease, physical or mental disability, belief, political view or socio- economic class;
- Any content encouraging the perpetration of a criminal offense or which could serve as a basis for a civil action or liability.
- Any content which might mislead a consumer;
OCC recommends that you treat the contents published on the Internet, including the contents posted by OCC’ Contributors, cautiously and critically. Such contents are not posted on behalf of OCC and it therefore bears no responsibility for the authenticity, reliability, accuracy or completeness thereof and shall have no liability for any consequence resulting from the use thereof or reliance thereupon.
OCC shall bear no responsibility for Contributors’ contents and the exclusive responsibility there for and for any consequence resulting there from shall be borne by the Contributor who posted such contents. Such contents do not express the opinion or position of OCC and its publication provides no guarantee as to its validity, authenticity, accuracy or legality.
The Website may provide links or references to websites and resources that are not OCC’s. OCC does not create any representations, does not give any warranty and does not guarantee in any way, in relation to third party’s web sites and/or resources that may be referenced or accessed from the Website. OCC does not endorse the content of such sites, the use of it, or its owners. In addition, OCC is not a party to any transactions you may enter with third parties, even if you learn of such parties (or use the link to such parties) from the OCC Website. Accordingly, you acknowledge and agree OCC is not responsible for the availability of external sites or resources as such and is not responsible or liable for any content, services, products or other materials found on sites or resources, or available from them.
When you access a web site that is not OCC’s, even if OCC logo may appear on the site, please note that this site is independent and separate from OCC and OCC has no control over the action taken and content displayed on such website. It is your responsibility to take safety measures to protect yourself from viruses, worms, Trojans and other programs that may be harmful and to protect your information as you see fit.
THE MATERIALS DISPLAYED ON THE WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. OCC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.
THE WEBSITE, AND ANY MATERIALS, INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND SOFTWARE MADE AVAILABLE OR ASSOCIATE WITH IT, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING , BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WITHOUT ANY LIMITATION WHATSOEVER, OCC DOES NOT GUARANTEE OR WARRANT THAT THIS WEBSITE AND ANY PRODUCTS, PROGRAMS AND SOFTWARE AVAILABLE OR ASSOCIATE WITH IT WILL WORK WITHOUT INTERRUPTION WILL BE UP TO DATE, SECURE OR ERROR FREE.
YOU UNDERSTAND AND AGREE THAT IN CASE OF BROWSING, USING, DOWNLOADING OR RECEIPT OF MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS OR SERVICES, YOU DO SO AT YOUR SOLE DISCRETION AND AT YOUR OWN RISK, AND YOU ARE SOLELEY RESPONSIBLE FOR ANY DAMAGE THAT MAY OCCUR, INCLUDING DATA LOSS OR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE.
OCC MAY ALTER OR UPDATE ANY INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND SOFTWARE MADE AVAILABLE ON THE WEBSITE, AT ITS SOLE DISCRETION.
OCC IS ENTITLED TO CHARGE MONEY FOR CURRENT FREE PRODUCTS, SOFTWARE OR SERVICES, AT ITS SOLE DISCRETION.
LIMITATION OF LIABILITY
OCC will be not be liable towards any party whatsoever, for any damages of any kind, relating to this Website, or any use of the Website or any linked site or resource, referenced or accessible through the Website, or for the use of materials, information, products or services, downloaded or accessed, including, without limitation, lost profits, business interruption, loss of savings or loss of programs or other data, even if OCC was explicitly informed of the possibility of such damages. This limitation of liability applies to any cause of action, contract, tort or any other legal grounds.
JURISDICTION AND ARBITRATION
This agreement shall be governed solely by the laws of New Zealand. Any dispute which may arise between the parties, including disputes concerning the use of the Website and/or in connection with these terms and conditions, will be brought before an arbitrator which will be a retired judge who is an expert in the internet field.
The parties will determine the identity of the arbitrator within 21 days.
The arbitrator shall be entitled to grant provisional remedies and interim orders.
The arbitration will be held in Auckland, New Zealand and will have to specify and detail his ruling.
If the parties could not reach an agreement on the identification of the arbitrator within 21 days then the case will be subject to the exclusive jurisdiction of the competent court in Auckland, New Zealand.
OCC strictly obeys the provisions of the law and respects the right of users of the Website and others to privacy and to a good reputation. If you think that any content posted on the Website injures you for any reason, please contact us by sending an email to email@example.com and we will make efforts to handle your claim as soon as possible.
These terms and conditions were last updated 24 February 2013.