Terms of Use

Date of Last Revision: December 11, 2023.

Please reference section 13 for the definitions used by this document. 

These Terms and Conditions of Use govern our relationship with Adventure Guide Users. By using or accessing Adventure Guide, you agree to these Terms, as updated from time to time in accordance with Section 8 of these Terms.

1. Safety Disclaimer and Liability Waiver 

All Adventure Guide Users acknowledge and accept this Safety Disclaimer and Liability Waiver. While some locations referenced on Adventure Guide may be considered easily accessible and low-risk, it is imperative to recognise that many featured locations are offroad, remote, and subject to challenging and hazardous access, including extreme and unpredictable weather conditions that may pose life-threatening risks. Adventure Guide is intended for individuals with experience in outdoor activities who possess a comprehensive understanding of the dangers associated with exploring remote areas of New Zealand, whether by vehicle or other means.

Adventure Guide strongly advises against using this resource until you have acquired the appropriate training to ensure your safety, understand how to properly prepare, and operate a vehicle in remote New Zealand offroad locations. It is recommended that you equip yourself with all the necessary safety, vehicle, recovery, and personal emergency equipment to provide the highest level of safety possible.

Users must acknowledge the inherent limitations of the information provided on Adventure Guide. Due to planned or unplanned human events or acts of nature, it is impossible and unrealistic to expect that all information on Adventure Guide is accurate 100% of the time. Therefore, we assume no responsibility nor can we be held liable for any damages, costs, or other consequences that may arise from your participation in exploring remote areas of New Zealand that appear on Adventure Guide. It is ultimately your responsibility to plan, prepare, and ensure the safety of yourself and your vehicle.

2. Adventure Guide Account Registration and Security

Here are some commitments you make to us relating to registering and maintaining the security of your Adventure Guide Account: 

  1. You will create an Adventure Guide account for personal, non-commercial use only. 
  2. You will not create or maintain an account if you are affiliated with, connected to, promoting, endorsing, assisting, or contributing content to any Competing Services
  3. You will not provide false personal information, or create an account for anyone other than yourself without our written permission. 
  4. You will only create one account. 
  5. If your account is terminated, you will not create a new one without our written permission. 
  6. You will not use any part of Adventure Guide for commercial gain, whether for yourself or a third party. 
  7. You will not use Adventure Guide if you are under 16.
  8. You will keep your account contact information accurate and up-to-date.
  9. You will not share your account password or let anyone else access your account, or do anything else that might jeopardize the security of your account.
  10. You will not transfer your account to anyone without first getting our written permission.
  11. We reserve the right to remove or reclaim your username if we believe it is appropriate, including but not limited to trademark infringement, or a username that may cause offensive to other users or the public.
  12. You agree that your account can be accessed by a maximum of three separate devices.
  13. You agree that should you wish to cancel your Adventure Guide Support Subscription this needs to be actioned by you via the My Account > My Details section of your Adventure Guide account.

3. Protecting Other People's Rights 

We respect other people's rights, and expect you to do the same. 

  1. You will not submit content or take any action on Adventure Guide that infringes or violates someone else's rights or otherwise violates the law.
  2. We can remove any content you submit on Adventure Guide if we believe that it violates the letter or spirit of our Terms.If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  3. If you repeatedly infringe other people's intellectual property rights, we have the right to terminate your account.
  4. You will not use our copyrights or trademarks (including Adventure Guide, the Adventure Guide name, or the Adventure Guide Logos), or any confusingly similar marks, unless you have our prior written permission.
  5. You will not submit anyone's identification documents or sensitive information on Adventure Guide.

4. Safety 

We do our best to keep Adventure Guide safe, but we cannot guarantee it. We need your help to keep Adventure Guide safe, which includes the following commitments by you: 

  1. You will not submit unauthorised commercial communications (such as spam) on Adventure Guide
  2. You will not collect Users' content or information, or otherwise access Adventure Guide, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior written permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not publish or make publicly available login information of an account belonging to you or belonging to someone else.
  7. You will not bully, intimidate, or harass any user.
  8. You will not submit content that is hate speech, threatening, or pornographic; incites violence; or contains offensive nudity or graphic or gratuitous violence.
  9. You will obtain our prior written permission and abide by all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on Adventure Guide.
  10. You will not use Adventure Guide to do anything unlawful, misleading, malicious, or discriminatory.
  11. You will not do anything that could disable, overburden, or impair the proper working or appearance of Adventure Guide, such as a denial of service attack or interference with page rendering or other Adventure Guide functionality.
  12. You will not facilitate or encourage any violations of our Terms.

5. Privacy 

Your privacy is very important to us and this is managed through our dedicated Privacy Policy.

By agreeing to our terms and conditions of use, you are also agreeing to our Privacy Policy which you can read here: Adventure Guide Privacy Policy

6. Submitted User Content 

Certain areas of Adventure Guide or certain Users' account types allow Users the ability to submit User Content for publication on Adventure Guide.

  1. Submitted User Content must be of a beneficial nature.
  2. Submitted User Content must not be repetitious, nor can it be created by computer scripts or any other automated content generation means.
  3. Submitted User Content must be explicitly owned by you, or you have the legal rights to not infringe or violate someone else's copyrighted work or violate copyright law.
  4. When submitting User Content to Adventure Guide (including content that is covered by intellectual property rights, like photos and videos (IP content)), you specifically give us the following permission and grant us a non-exclusive, transferable, royalty-free, worldwide license to use the content submitted to Adventure Guide (IP License). This IP License is established as a perpetual agreement.
  5. When submitting User Content to Adventure Guide, it means that you are allowing everyone, including non-users of Adventure Guide, to access and view that information.
  6. If we terminate your account or you cancel your account you will no longer be able to submit User Content to Adventure Guide however the IP License for the User Content you have submitted will perpetually exist. 

7. Copyright Content, Intellectual Property, and Code of Conduct 

Adventure Guide New Zealand Limited retains exclusive ownership of all Content on Adventure Guide. A limited, non-exclusive, non-transferable, and revocable license is granted to you for the personal, non-commercial use of Adventure Guide and its Content, subject to your compliance with these Terms and Conditions.

  1. All Content is made available for individual Users for private and non-commercial use.
  2. The sale of Content, in whole or in part, is prohibited.
  3. Transfer of Content, in whole or in part, shall not be made publicly viewable, downloadable, or shareable.
  4. All Content in whole or part form shall not be made available for user or public viewing, or public download or public sharing.
  5. Use of all Content, in whole or in part, in a commercial environment requires written permission from Adventure Guide.
  6. Adventure Guide Users shall not promote, endorse or share information similar to the information that resides on the Adventure Guide platforms, with any other competing platforms.
  7. Adventure Guide Users shall not perform actions that undermine, negatively impact or disadvantage Adventure Guide.
  8. In the event of a user breaching or violating these Terms, resulting in account termination, all obtained Content will continue to be governed under the conditions with specific note of Section 11 to prevent further breaches or violations.
  9. If a user breaches any conditions under Section 7 which Adventure Guide or Adventure Guide’s legal counsel deems to have a negative financial impact, contribute to loss of earnings, or expose copyright content or intellectual property, the user may be subject to prosecution for damages and reimbursement as determined by a court chosen at the discretion of Adventure Guide.

8. Adventure Guide Community Supported Model 

Adventure Guide functions using an untested Community Supported Model. This model will make portions of the Adventure Guide offerings available at no cost with the aim to earn the respect and support of Supporter Subscribers that will allow Adventure Guide to continue serving the adventuring community. This model has been designed with the aim of mitigating the effects of copyright infringements, maximising User benefits, while maintaining the administrative viability of Adventure Guide.

  1. If Adventure Guide, at its discretion, determines that the Community Supported Model is administratively unviable or necessitates modification, whether minor or major, the Adventure Guide online model, any fees, charges or access to any of Adventure Guide’s services may be changed without prior notice. While Adventure Guide will make every effort to give at least 30 calendar days' notice, your continued use of Adventure Guide after such changes signifies your acceptance of the modifications. If you disagree with the alterations, it is crucial to cancel your Support Subscription before the commencement of your next Support Subscription payment.
  2. We are not obligated to offer a refund if you decide to change your mind about purchasing a Supporter Subscription after making a payment or if your account has been terminated by violating these Terms. However, in cases of substantial technical issues that hinder your access to the service or if you choose to cancel your subscription before the billing period concludes, we will address the matter in accordance with legal requirements. Please reach out to us in such situations.

9. Adventure Guide Development and Limitations 

Adventure Guide is continually developing and adding new features as it strives to provide the best service possible to its Users. By using Adventure Guide you acknowledge the following:

  1. Due to the inherent nature of development, it is deemed commonplace for Adventure Guide to encounter periods during which certain portions or the entirety of Adventure Guide may not function as intended.
  2. Adventure Guide will make every effort to minimize any inconvenience to its users; however, it cannot assure continuous uptime or flawless operation.
  3. Due to the inherent nature of development the Adventure Guide Navigator App is classed as Beta throughout 2023 and 2024 unless otherwise stated.
  4. Adventure Guide cannot guarantee Beta versions will work on every iOS and Android device. 
  5. Should the Adventure Guide Navigator App not work satisfactorily on your device this does not constitute grounds for a refund. Adventure Guide advises that you if you are new to Adventure Guide, you should test the functionality of your device by signing up for a free account and utilising the free version of the Adventure Guide Navigator App. This will be a reasonable, though not guaranteed, indicator of the compatibility of your device and the Adventure Guide Navigator App.

10. Amendments

  1. These Terms and Conditions will undergo periodic updates to align with the ongoing development of Adventure Guide. Users are obligated to regularly review any modifications to these Terms and Conditions of Use. Your continued use of Adventure Guide after any changes to these Terms and Conditions of Use implies your acceptance of all amendments.
     

11. Termination

  1. If you breach the letter, spirit or the underlying principles of these Terms and Conditions, or if your actions pose a risk or potential legal consequences for us, your account may be terminated. The decision to terminate your account rests solely with Adventure Guide and will be implemented at its discretion. Notification of termination will be communicated to you via email or the next time you try to access your account. In such instances, these Terms and Conditions will come to an end, and your legal entitlement to access Adventure Guide will cease. However, the provisions outlined in the following sections perpetually remain in force to prevent further breaches or violations: Section 1; Section 2.3, 2.4, 2.5; Section 3.2, 3.5; Section 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.9, 4.10, 4.11, 4.12; Section 6.6; Section 7; Section 8.1, 8.2; Section 10; Section 11; Section 12; Section 13.
     

12. Disputes

  1. You will resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms or Adventure Guide exclusively in a New Zealand District Court located at the discretion of Adventure Guide.
  2. If anyone brings a claim against us related to your actions, content or information on Adventure Guide, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Adventure Guide and are not responsible for the content or information users transmit or share on Adventure Guide. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Adventure Guide. We are not responsible for the conduct, whether online or offline, or any user of Adventure Guide.
  3. We strive to keep Adventure Guide up, bug-free, and safe, but you use it at your own risk. We provide Adventure Guide as is, without any express or implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Adventure Guide will always be safe, secure, or error-free, or that Adventure Guide will always function without disruptions, delays, or imperfections. Adventure Guide is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with these Terms or Adventure Guide, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of these Terms will not exceed the amount you have paid us in the past twelve months.

13.  Definitions

  1. By "Terms and Conditions of Use," "Terms and Conditions," "Terms," or "Conditions," we mean this legal agreement that governs the relationship between Adventure Guide and the Adventure Guide Users.
  2. By "Adventure Guide" we mean ADVENTURE GUIDE NZ LIMITED and the suite of features and services we make available, including through (a) our website at adventureguide.co.nz and any other Adventure Guide branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins (d) other media or networks now existing or later developed (e) the Adventure Guide Navigator App.
  3. By "Adventure Guide Navigator App", or "Adventure Guide App," or "App" we mean the Adventure Guide Navigator App that is available to Adventure Guide Users through the iOS and Google app stores.
  4. By "Platform", we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Adventure Guide or provide data to us.
  5. By "Adventure Guide Account", we mean an account created as a result of a guest user who has taken the steps to formally agree to these Terms and Conditions by means of a checkbox and create an Adventure Guide Account.
  6. By "Adventure Guide User," or "Adventure Guide Users," or "User," or "You," or "Your" we mean both a guest user and a user who has registered for an Adventure Guide Account.
  7. By "Content", we mean all content, features, and functionality within Adventure Guide, encompassing, but not limited to, text, graphics, logos, icons, images, GPX files, software, and novel functionality. These components are protected by copyright, trademark, and other intellectual property laws.
  8. By "submit", we mean submit for publication on Adventure Guide or otherwise make available by using Adventure Guide.
  9. By "use", we mean use, run, copy, publicly perform, view, or display.
  10. By "User Content", we mean content that has been uploaded to Adventure Guide by a User.
  11. By " Support Subscription", we mean an Adventure Guide User who chooses to support Adventure Guide with a monthly support subscription.
  12. By Competing Services, we mean any service that Adventure Guide deems to directly or indirectly compete with its offerings.

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