Terms of Service for Anava Tau

Last Updated 15 February 2023

Anava Tau is owned and operated by Manaui Media Limited, registered in Auckland, New Zealand.

These Terms of Service apply to your use of Anava Tau (the “Site”). The Site is only made available to you for domestic and private use.
If you do not agree to these Terms of Service you must not use the Site.
We may change these Terms of Service from time to time and you should check them regularly. The date of the last update is shown at the beginning of these Terms of Service.

Online Store Terms

No person under the age of 18 years is authorised to access or use the Site. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We do not guarantee that the Site, or any content on it, will always be available, uninterrupted or error free. We may suspend or withdraw or restrict the availability of all or any part of the Site for business or operational reasons.

Click-Through Agreements

Before using certain areas of the Site (including the registration of your account), you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept,” “I Agree,” “Okay,” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a click-through agreement. To the extent there is a conflict between these Terms of Service and any click-through agreement, the click-through agreement will govern.

You must keep your user account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of the Site security procedures and/or to set up and operate an account on the Site (“Login Details”) you must treat such information as confidential. You must not disclose such information to any third party.

Information gathered through the registration process and any other information related to your account will be subject to these Terms of Service as well as to our Privacy Policy. You confirm that you are at least 18 years of age and that all information provided by you when creating your account is true, accurate and complete and that you will maintain, at all times, true, accurate and complete information related to your account.

We have the right to disable any Login Details, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service or there is otherwise any risk of loss or damage to any person.

If you know or suspect that anyone other than you is aware of your Login Details, you must promptly notify us by emailing our customer service team at admin@manaui.com.

How you may use material on the Site

Manaui Media Limited grants you a limited, non-transferable right of access and use for non-commercial purposes the Site. Such access shall enable you to use the Site for informational purposes only. This right of access shall not include any resale or commercial use of the Site or its contents; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Manaui Media Limited or our clients or affiliates without our prior express written consent.

We are the owner or the licensee of all intellectual property rights used in the Site, and in the material published on it. Those works are protected by copyright and other laws. All rights in such intellectual property rights are reserved.

If you print off, copy or download any part of the Site in breach of these Terms of Service, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance upon information on the Site

The content we place on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
Although we do our best to update the information on the Site, we cannot guarantee that the content on the Site is accurate, complete or up to date.

Links to other websites

Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over those resources, and such links should not be interpreted as approval by us of those linked websites or of any information you may obtain from them.

Linking to the Site

You may link to the Site home page, provided you do so on a website and/or social media account that is owned by you, in a way that is fair and legal and does not damage our or any one or more of our clients’ reputation or goodwill or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement with us or any of our clients where none exists, and we reserve the right to withdraw linking permission without notice.

The website to which you are linking must comply in all respects with the Site content standards set out below.

Site content standards

The Site content standards apply to any and all material which you upload to the Site.

You must comply with, and adhere to, the Site content standards at all times.

A contribution to the Site must be accurate (where it states facts), genuinely held (where it states opinions), and comply with applicable law.

A contribution must not:

    • be defamatory, obscene, offensive, hateful or inflammatory;
      promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      infringe any copyright, database right or trade mark of any other person;
    • be likely to deceive any person;
      breach any legal duty owed to a third party or be in contempt of court;
    • impersonate any person or misrepresent your identity or affiliation with any person;
    • give the impression that the contribution emanates from Manaui Media Limited, if this is not the case;
    • contain any advertising or promote any services or web links to other websites; or
    • breach any applicable laws.

Uploading content to the Site and our use of the same

When you upload or post content to the Site, you agree that we, any of our other users and any third party review platform/operator, will have a licence to use, store and copy that content for free.

You agree that we have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site infringes their rights.

We may remove any content if, in our opinion, it does not comply with the Site content standards.

You are solely responsible for securing and backing up your content.

User generated content on the Site

The Site may include information and materials uploaded by other users of the Site, which have not been verified or approved by us. The views expressed by other users of the Site may not, therefore, necessarily represent views or values of Manaui Media Limited.

If you wish to complain about information and materials uploaded by other users to the Site, please contact our customer services team at any time by email at admin@manaui.com.

Our use of your personal information

We will only use your personal information in accordance with the terms of our Privacy Policy.

Prohibited uses of the Site

You may use the Site only for lawful purposes and in accordance with applicable laws. You must not use the Site:

    • to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Site content standards;
    • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
    • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs/material or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to:

    • reproduce, duplicate, copy or re-sell any part of the Site in contravention of these Terms of Service;
    • access without authority, interfere with, damage or disrupt any part of the Site, including the equipment it is stored on, or software used to provide it.

Site security

We do not guarantee that the Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.

You must not misuse the Site by knowingly introducing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other programs/material or computer code that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored/hosted or any server, computer or database connected to the Site.

Exclusion of Warranty & Limitation of Liability

MANAUI MEDIA LIMITED MAKES NO WARRANTY OF ANY KIND REGARDING THE SITE AND AND/OR ANY MATERIALS PROVIDED ON THE SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. MANAUI MEDIA LIMITED DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. MANAUI MEDIA LIMITED DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR ANY E-MAIL SENT FROM IT ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MANAUI MEDIA LIMITED MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE SITE, OR (2) THE INTERNET GENERALLY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
MANAUI MEDIA LIMITED ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. SUBJECT TO THE IMMEDIATELY PRECEDING PARAGRAPH, IN NO EVENT SHALL MANAUI MEDIA LIMITED BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE SITE OR CONTENT FOUND THEREIN.

The exclusion of warranty and limitation of liability set forth above shall: (i) only apply to the extent permitted by law; and (ii) not apply to: (A) liability resulting from our gross negligence or wilful misconduct and (B) death or bodily injury resulting from our acts or omissions.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods or services to you, which will be set out in our Terms and Conditions of Sale that apply at your time of purchase.

Transferring these Terms of Service

In the future, we might transfer the rights and obligations we have under these Terms of Service to another company, provided it doesn’t materially affect your rights.

You can’t transfer your rights or obligations under these Terms of Service to anybody else. This is because these Terms of Service are personal to you and nobody else is entitled to benefit from them.

Governing law

These Terms of Service are governed by New Zealand law and the New Zealand courts will have jurisdiction over any claim.

Contacting us

You can contact us at any time by email at admin@manaui.com.