Terms of Use

Whakaata Māori Platforms Terms of Use

Māori Television Service is a body corporate established under the Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003. Whakaata Māori's principal function is contributing to the protection and promotion of te reo Māori me ngā tikanga Māori through content that informs, educates and entertains viewers, and enriches Aotearoa New Zealand’s society, culture and heritage. We play an essential role in realising the joint vision set out by the Maihi Karauna and the Maihi Māori strategies, and their common goal to revitalise te reo Māori. We aim to continue this role and complement these strategies by nourishing, sustaining and helping increase the use of te reo Māori throughout the world by delivering informative, educative, entertaining, inspiring and meaningful content that reflects the unique identity of Aotearoa New Zealand. The terms and conditions set out below ("Terms and Conditions") govern your use of Whakaata Māori Platforms. By using Whakaata Māori Platforms, you are considered to have read and accepted these Terms and Conditions, and you undertake to abide by them.

If you do not accept these Terms and Conditions, please leave and refrain from using Māori Television Platforms.

‍If you have any complaints or questions regarding Whakaata Māori Platforms or these Terms and Conditions then you can contact us through https://www.whakaatamaori.co.nz/contact. Whakaata Māori reserves the right to make changes to these Terms and Conditions which will be effective once they are published on https://www.whakaatamaori.co.nz/terms-of-use as well as Whakaata Māori Platforms. We advise you to revisit these Terms and Conditions on https://www.whakaatamaori.co.nz/terms-of-use and Whakaata Māori Platforms regularly to check these Terms and Conditions.

Your use of Whakaata Māori Platforms

You agree to only use Whakaata Māori Platforms for purposes permitted by these Terms and Conditions. You are responsible for all equipment, software and network you use to access Whakaata Māori Platforms.

You are not allowed to:

use Whakaata Māori Platforms directly or indirectly for any activity which breaches any laws, infringes a third party's rights, is unlawful, or breaches these Terms and Conditions;
use Whakaata Māori Platforms directly or indirectly to post or transmit any Content unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying Whakaata Māori Platforms or which is false, misleading or deceptive in any way;
submit for posting or otherwise distribute any Content in any way which violates, plagiarises or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary or moral rights;
use Whakaata Māori Platforms directly or indirectly, or use any service provided on Whakaata Māori Platforms, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email, spam or any other duplicative or unsolicited messages (commercial or otherwise);
attempt to gain unauthorised access to Whakaata Māori Platforms or use another person's name, registration account or password;
impersonate any person or entity or create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message you post on Whakaata Māori Platforms or falsely state or otherwise misrepresent your affiliation with a person or entity;
knowingly provide registration information that is not truthful;
tamper with, hinder the operation of or make unauthorised modifications to Whakaata Māori Platforms;
knowingly transmit or introduce any malicious or harmful software, including without limitation, viruses or Malware, Ransomware, Spyware, Adware, Trojans, Bots .or other hindering or disabling nature to Whakaata Māori Platforms;
collect information about others, including email addresses, without their consent; or
engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches these Terms and Conditions or is otherwise inappropriate for Whakaata Māori Platforms.

Whakaata Māori's Limited Liability

To the extent permitted by law, Whakaata Māori and its information contributors and associated service providers exclude all warranties, including without limitation, as to the availability, accuracy, completeness, currency or reliability of the Content, products or services, including products or services of any third party, that are made available via Whakaata Māori Platforms.

Whakaata Māori does not investigate or endorse any person, company or organisation that uses, advertises, posts on or provides Content to Whakaata Māori Platforms or any events, information, products or services offered for sale or otherwise identified or provided by them (“Third Party Content”).

The availability of Content through Whakaata Māori Platforms does not constitute advice about the appropriateness, value or suitability of any Content or Product, any particular transaction or course of action to you, nor does it constitute any recommendation or endorsement by Whakaata Māori of any Third-Party Content. Any decision that you make about any Content or Third-Party Content offered, identified or provided through Whakaata Māori Platforms or referred to or advertised on Whakaata Māori Platforms must be based solely on your own evaluation of your circumstances and objectives and of the Content or Third-Party Content. Whakaata Māori recommends that you independently verify the accuracy, currency or reliability of any Content made available via Whakaata Māori Platforms and upon which you intend to rely.

Whakaata Māori Platforms and Content available on it (excluding news and current affairs) are provided on an "as is" basis, unless otherwise stated by us. You understand that by using this Whakaata Māori Platforms, you may be exposed to Content (including news and current affairs) that which you may find indecent or objectionable.

Whakaata Māori makes no warranty that Whakaata Māori Platforms will be free from viruses or any kind of malicious code whatsoever. To the extent permitted by law, all implied warranties, conditions and representations about or in relation to:

Whakaata Māori Platforms;
Content on Whakaata Māori Platforms;
the services or Third-Party Content made available through Whakaata Māori Platforms;
the availability of Whakaata Māori Platforms; and
your use of Whakaata Māori Platforms,

are excluded.

To the extent permitted by law, we (and our officers, employees, agents or related bodies corporate) exclude all liabilities (including in contract, for negligence or otherwise) for any loss, damage (whether direct or consequential), costs or expenses suffered by you or claims made against you in connection with, however caused:

your use of Whakaata Māori Platforms (and its Content including Third Party Content);
any lack of availability, interruption, delay in operation, harmful or malicious software, internet access difficulties, or equipment malfunction in relation to Whakaata Māori Platforms;
any failure to provide Whakaata Māori Platforms;
any Products, goods or services supplied, offered or advertised on Whakaata Māori Platforms; or
your purchase of any goods or services advertised on Whakaata Māori Platforms; or
your use or reliance on any Content or information provided on Whakaata Māori Platforms.

External Websites

Whakaata Māori Platforms may contain links to external websites. Those websites are not part of Whakaata Māori Platforms and, unless otherwise indicated, are not under Whakaata Māori's control. No link appearing in Whakaata Māori Platforms and no external websites linked to Whakaata Māori Platforms is endorsed by Whakaata Māori and no responsibility is taken for material in them. You agree that by accessing any linked website you are doing so at your own risk and you agree to fully indemnify Whakaata Māori against any liability arising out of your accessing any linked website.

Login Information

Where applicable, you are responsible for providing and maintaining correct and up-to-date information when registering on Whakaata Māori Platforms, and throughout your membership.

You are responsible for keeping your login information (i.e., email address and password) safe and secure. You will be responsible for any and all activities undertaken using your login details unless you can prove us otherwise (at our sole and free discretion). Your account is for your own personal use. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. If you think that your details may have been used by someone else, we advise you to change your password immediately and notify Whakaata Māori as soon as possible. You agree to indemnify Whakaata Māori against any and all claims arising out of your failure to maintain the security and confidentiality of your login information.

Content on Whakaata Māori Platforms

We reserve the right (but have no obligation) to:

at the full and sole discretion of Whakaata Māori , publish or decline to publish, or where already published, to remove any Content (including Content submitted by you) that we consider in our absolute discretion is inappropriate for Whakaata Māori Platforms for any reason;
establish general practices and limits concerning the uploading of Content to Whakaata Māori Platforms or the level and amount of your use of Whakaata Māori Platforms and that these practices and limits may be modified from time to time;
monitor use of Whakaata Māori Platforms by you and store and disclose any information we collect, including in order to investigate your compliance with these Terms and Conditions or for the purposes of any police investigation, and governmental or judicial request.

You agree that Whakaata Māori has no responsibility or liability for the deletion or failure to store any Content (including Content submitted by you) on Whakaata Māori Platforms.

Whakaata Māori’s License to Content Provided by You

By providing Content to Whakaata Māori for posting or publishing on Whakaata Māori Platforms, or posting or publishing content on the fields allocated for user entries on Whakaata Māori Platforms (e.g., comment sections) you:

authorise Whakaata Māori to use any Content you provide to us in good faith for the purposes of complying with any legal process, responding to claims of third parties and to protect the rights or property of Whakaata Māori, its partners and the public;
authorise Whakaata Māori to store, copy, edit, modify, amend or adapt or otherwise change your Content;
grant Whakaata Māori a world-wide, royalty-free, non-exclusive licence to use and exploit all intellectual property rights in your Content, in perpetuity, without restriction and without making any payment to you and without seeking any further approval from you, including publication of that Content in hard copy publications or in electronic media, using your Content in advertising or promotional material and permitting others to do any of these, including when others or Māori Television receive payment for doing this; waive all moral rights in your Content and consent to Whakaata Māori doing anything which Whakaata Māori (or anyone permitted by Whakaata Māori) may do in relation to your Content which would otherwise be in breach of your moral rights. This includes Whakaata Māori using your Content without attributing you as the source of your Content;
warrant that you are the sole author or owner of the Content;
warrant that you have the right to grant the abovementioned licence;
agree that we may use your name, likeness, publicly accessible biographical data in connection with our use of such Content; and
agree to indemnify Whakaata Māori and its officers, employees and agents from any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of the publication by Whakaata Māori of your Content.

You acknowledge that our use of your Content may include licensing or sub-licensing such Content to third parties and/or using such Content for advertising and promotional purposes. In no event shall we be required to seek your approval or provide you with any compensation in connection with such uses. You acknowledge that nothing contained within your Content would require us to seek permission of a third party in order to use the Content as described in these Terms of Use.

Intellectual Property Rights

You acknowledge that copyright, trademarks and all other intellectual property rights ("IPR") in Whakaata Māori Platforms and in the Content displayed or available through Whakaata Māori Platforms belongs to Whakaata Māori or its licensors.

You are provided access to Whakaata Māori Platforms only for your personal use. Subject to applicable laws:

unauthorised use of the Content is strictly prohibited and may infringe Whakaata Māori's or its licensors IPR in the Content; and
no content may be recorded, copied, downloaded, reproduced, published or transmitted in any manner without the prior and explicit written consent of Whakaata Māori.

Without limiting the above, and subject to applicable law, you may not without prior and explicit written permission from Whakaata Māori:

archive the Content or any part of it;
form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content;
redistribute or republish the Content; or
link to Whakaata Māori Platforms including (without limitation) linking in any way which:
misrepresents Whakaata Māori Platforms;
is likely to deceive or cause confusion on the average viewer that you represent Whakaata Māori in any capacity;
frames Whakaata Māori Platforms;
replicates Whakaata Māori Platforms; or
misleads any person regarding any association with Whakaata Māori Platforms or any association with Whakaata Māori (whether implicitly or expressly).

The trademarks used on Whakaata Māori Platforms are Whakaata Māori's trademarks or the trademarks of a third party. Nothing on Whakaata Māori Platforms should be construed as granting any licence to use any trade mark without the permission of the owner.

You must not use any of Whakaata Māori's trademarks:

as or as part of your trademarks;
in connection with goods or services which are not the goods or services of Whakaata Māori;
in a manner that may be confusing, misleading or deceptive; or
in a manner that disparages Whakaata Māori, its information or services or Whakaata Māori Platforms.

Technical Difficulties

You acknowledge that your use of Whakaata Māori Platforms and associated services may be subject to interruption or delay. Due to the nature of the network communications, Whakaata Māori and its service providers do not make any warranty that Whakaata Māori Platforms or services will be error free, without interruption or delay or free from defects in design or engineering.

We do not guarantee any compatibility for the software or hardware you use to access Whakaata Māori Platforms.

Indemnity

To the maximum extent permitted by law, you specifically agree to indemnify and hold Whakaata Māori and its affiliates, employees, agents, representatives, licensors, Content providers, and third-party service providers, harmless from any and all claims and liabilities relating to your use of Whakaata Māori Platforms (including linked External Websites) or its use by any person on your behalf.

Privacy

You acknowledge that you have read and understood the terms of the Whakaata Māori Privacy Policy available on https://www.whakaatamaori.co.nz/privacy-policy. We advise you to check Whakaata Māori Privacy Policy on a regular basis. You agree that Whakaata Māori may use and disclose information about you in accordance with these Terms and Conditions and Whakaata Māori Privacy Policy.

Official Information Act

You acknowledge that Whakaata Māori is subject to the Official Information Act 1982 ("OIA") and may be required to disclose information (including without limitation, information about you) based on an OIA request unless there is good reason for withholding it under the OIA. We will notify you as soon as practically possible should an OIA request includes any information request directly about your account on Whakaata Māori Platforms.

Severability

In case any provision in these Terms and Conditions shall be invalid, illegal or unenforceable; the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

Termination

We reserve the right to suspend, limited, cancel or disable your access or membership to Whakaata Māori Platforms without prior notice, if;

we reasonably believe that you or someone authorised by you breaches any of these Terms and Conditions;
we deem any of these actions necessary for the sake of technical or security related reasons or measures;
there is a prolonged period of inactivity on Whakaata Māori Platforms by you;
we are requested to do so by a government or law enforcement agency;
it is otherwise considered necessary by us at our sole discretion.

Whakaata Māori is not required to provide any reasons for a decision to suspend, limited, cancel or disable your access or membership to Whakaata Māori Platforms.

Upon termination of your membership, you will be restricted from accessing any member restricted area of Whakaata Māori Platforms, submitting any Content to Whakaata Māori Platforms and any Content submitted by you to Whakaata Māori Platforms or other information held by Whakaata Māori in relation to your use of Whakaata Māori Platforms may be deleted and will not returnable to you.

Privity of these Terms and Conditions

Whakaata Māori holds the benefit of all rights conferred on Whakaata Māori or its officers, employees or agents under these Terms and Conditions as trustee for those persons and may enforce those rights on their behalf in its capacity as trustee.

Law

These Terms and Conditions are governed by, and construed in accordance with the law in force in New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts for any proceedings in connection with these Terms and Conditions

Definitions

In these Terms and Conditions:

Whakaata Māori Platforms means all of the websites, mobile websites and apps that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device).

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‍Content means information, data, text, software, illustrations, photos, audio, video, any combination of these or other materials.

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‍Us, we, our or Whakaata Māori means Māori Television Service and its affiliates, related companies or joint ventures.