Terms and Conditions
1. BINDING TERMS
o By accessing and using (Website) and any of the products available on it (Products) and the products and services provided under an agreement/proposal for services, all registered members, clients and brand ambassadors (Members, Clients, Brand Ambassadors, you and your) agree with Abroad NZ International Limited (Abroad, Abroad NZ, we, us and our) to be bound by these terms and conditions (Terms). Any Member, Client and Brand Ambassador who does not agree to these Terms is not authorised to access and use the Website and/or the Products and Services provided by Abroad and any of its employees, regional partners and agents.
2. CHANGES TO THESE TERMS
o We may change these Terms at our discretion from time to time. The most current version of the Terms published on the Website will apply from the time of publication and will supersede and replace all previous versions.
3. INDIVIDUAL'S AND NEW CLIENT'S ELIGIBILITY
o To be a Client as an individual, you must be over the age of 18 years and have a valid email address that you provide to us and keep current. If you are a minor under 18 years old, you must have authorization from your legal guardian and/or parent before begin allowed access the products and services offered by Abroad.
o To become a Member or a Brand Ambassador for our Products and Services as an individual (Member or Brand Ambassador), you must be a over 18 years old and have a valid email address that you provide to us and keep current.
o Members must have a valid credit/debit card that you keep current to allow payment of applicable products or services in accordance with these Terms apart from being a Brand Ambassador whereby Abroad pays you according to the agreement in place to promote the Abroad brand.
4. CREATING A MEMBERSHIP ACCOUNT
o When you sign up to be a Member, Client or Brand Ambassador, you will need to create an account, as prompted by the Website (Membership Account). All information you provide must be current, true, complete and accurate information.
o Abroad reserves the right to reject any application to become a Member, Client or Brand Ambassador and to revoke or suspend any membership for any reason whatsoever.
o All Members, Client and Brand Ambassadors must keep their username and password secure at all times. Each Member, Client and Brand Ambassador is responsible for all use of the Website and Products using their username and password.
o No Member, Client or Brand Ambassador may permit or allow any other person to use their Membership Account. If we discover that a Member, Client or Brand Ambassador is doing so, we may (at our sole discretion) immediately cancel their membership and/or subscription.
o We may make changes to our Products and Services at our discretion from time to time, including by:
1. making changes to the content;
2. altering the format of the Products and Services or the mechanism for delivery; and/or
3. changing, adding or removing functionality of the Website and our Products and Services.
6. LAWFUL PURPOSE
o You agree that you may only use the Website and the Products and Services provided by Abroad through it for lawful and authorised purposes. All rights not expressly granted under these Terms are expressly reserved by Abroad.
o You agree to indemnify Abroad, its directors, employees, brand ambassadors, regional partners and agents from and against all losses, expenses, damages and costs (including reasonable legal costs) arising out of your use of the Website and the Products or Services or from any breach of these Terms by you (including negligent or wrongful conduct by you or any other person accessing the Website and/or Products and Services in your name or on your behalf).
8. EXCLUSION OF LIABILITY
o Except to the extent that liability cannot be excluded by law (including under the Consumer Guarantees Act 1993, Fair Trading Act 1986 and other statutes), Abroad will not be liable for any direct, indirect, incidental or consequential loss, damage, expense, claim, action or liability of any nature arising out of your use of the Website, the Products or under these Terms. In particular, Abroad:
1. does not make any guarantees about the Website and/or the Products and Services provided to any person; and
2. will not be responsible for (i) any damage caused by viruses, bugs, or other malicious code; (ii) any damage to your equipment or property; (iii) any loss or damage that you or another person suffer in connection with the Website and/or the Products and Services, including during periods of unavailability and/or as a result of any reliance on information and/or advice obtained (whether wholly or partially) through the Website
and/or the Products; (iv) any data charges you incur; or (v) any other loss or damage that is too remote or not reasonably foreseeable.
o You agree that where you are a Brand Ambassador or Business, the Consumer Guarantees Act 1993 will not apply.
o To the extent that Abroad is liable for any reason for any loss suffered or liability incurred by you arising from any breach of these Terms, or for any other reason, such liability is limited to the maximum aggregate amount of NZ$100.00.
9. TECHNICAL ISSUES
o We will try to promptly address (during normal business hours) all technical issues that arise in relation to the Website and the Products and Services provided from time to time from it. However, we will not be liable for any loss or damage suffered as a result of any partial or total breakdown of the Website and/or the Products or any technical malfunctions, the Website and/or the Products and Services being unavailable or performing slowly, or any viruses or other forms of interference that may damage any Member’s, Client’s or Brand Ambassador’s computer system.
o If you require technical assistance, please contact us at
o You acknowledge and agree that links and references on the Website to external websites or third party material (including, where applicable, advertisements) are not controlled by Abroad, and as such Abroad is not responsible for those links including the content or privacy policies of such external websites.
11. INTELLECTUAL PROPERTY
o You agree that Abroad solely owns all of the intellectual property and proprietary rights (including, without limitation, all copyright) existing in the Website and the Products and all content on or contained therein, including all text, images, videos, logos and layout (the Website Material) to the extent whereby Abroad is using other material with the explicit permission of NZ Story, Tourism New Zealand and Education New Zealand.
o You agree not to in any way copy, reproduce, republish, upload, post, transmit, distribute or store or modify the Website Material in whole or in part without Abroad’s prior written consent.
o All contributors hereby discharge, waive, and release Abroad, its employees, contractors and licensees from any claims, demands or liability of any kind whatsoever, including without limitation as any accident, illness or injury, or in respect of any footage/recording made with any participant or interviewee or contributor, or arising in connection with the interviewee or contributor's participation in the production of video media.
o You acknowledge and agree that payment of our fees is as set out in this clause 13 and/or as per our Terms and Conditions agreement that you as a client sign with Abroad for its Products and Services.
o You are responsible for ensuring that all transaction, credit/debit card and other details are correct and kept up to date when paying for our products or services. You must advise us of any changes to these details. If we try to deduct payment from your card, but payment is declined, then we may continue to attempt to deduct such payment from your card until payment in full is received by us.
o If you wish to cancel your Products or Services you can do so by emailing us notice of cancellation at firstname.lastname@example.org.
o For cancellations of our Products or Services, we will discuss the possibility of a refund however we will first take into account work and time spent working for you and refund you accordingly if it is determined that you have overpaid Abroad.
14. ENTIRE AGREEMENT
o Any non-enforcement by Abroad of any of our rights under these Terms will not constitute a waiver of those rights. Any waiver by Abroad of those rights will not constitute a waiver on any subsequent occasion. No waiver will be effective unless made in writing.
o We may assign any or all of our rights and obligations pursuant to these Terms without the need to obtain your consent.
o You may only assign any or all of your rights and obligations pursuant to these Terms with our prior written consent.
o If any part of these Terms is found to be invalid or unenforceable, it shall be modified so as to be valid and enforceable (as the case may be), or if modification is not reasonably possible, then it will be treated as deleted from these Terms and the rest of these Terms will continue to operate.
19. GOVERNING LAW AND JURISDICTION
These Terms and your use of the Website and Products or Services is governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the courts of New Zealand for any disputes or proceedings arising out of or in connection with these Terms.