Terms & Conditions
coseats.co.nz is owned and operated by Coseats Pty Ltd. Please read these Terms and Conditions carefully before using coseats.co.nz . By using coseats.co.nz you accept these Terms and Conditions and agree to be bound by and comply with the following Terms and Conditions without modification. If you do not accept these Terms and Conditions you must not use coseats.co.nz . If you have any questions regarding these Terms and Conditions please contact us.
coseats.co.nz provides a method by which individuals may initiate contact with other people for the purpose of sharing transport. We do not provide a matching service between Users or offer advice as to transport and/or suitable travel companions which remain entirely your responsibility.
Users of coseats.co.nz are advised that no checks whatsoever are made against anyone using coseats.co.nz . Individuals should, therefore, exercise all due caution and satisfy themselves that the person or persons that they are travelling with are suitable.
- "User", "You", "your" and "yours"
- refers to the person using coseats.co.nz .
- "We", "us" and "our"
- refers to Coseats Pty Ltd
ELIGIBILITY AND USE
- In order to use coseats.co.nz, you must be at least eighteen years old.
- You are entirely responsible for your posted journeys.
- We are not obliged to check the identities of anyone using coseats.co.nz.
- You are responsible for all equipment (including but not limited to computer, software, telephone, internet and other telecommunication systems) used to access coseats.co.nz, together with any charges or costs incurred as a result of its use.
RULES OF BEHAVIOUR
- coseats.co.nz is designed to accommodate a diversity of interests and opinions. However, Users must conduct themselves in an appropriate manner. coseats.co.nz may not be used to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would harm our business interests, constitute a criminal offence, exploit children and/or vulnerable adults, violate rights of others, or otherwise violate any applicable local, state, national, or international law. We reserve the right to remove any User, which in our sole judgment, breaches this condition.
- Users undertake not to use coseats.co.nz
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm any person (including minors and/or vulnerable adults) in any way;
- to advertise, promote, market, solicit orders for or offer to buy, sell, lease or license products, goods and facilities;
- to transmit, or procure the sending of, any unsolicited or authorised advertising or promotional material or any other form of similar solicitation;
- to knowingly transmit any data, send or upload any material or information that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spy-ware, ad-ware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- to harvest, aggregate, mine, copy or otherwise collect information about others, including but not limited to names, email addresses, passwords, telephone numbers, usage information without their consent; and
- to attempt to gain unauthorized access to, tamper with, modify, or hack into any of our facilities (including coseats.co.nz ).
- You also undertake:
- not to reproduce, duplicate, copy, or sell all or any part of coseats.co.nz .
- not to access without authority, interfere with, damage or
- all or any part of coseats.co.nz;
- all or any equipment or network on which coseats.co.nz is stored;
- all or any software used in the provision of coseats.co.nz ; or
- all or any equipment or network or software owned or used
by any third party.
- to use coseats.co.nz in accordance with the purpose set out in these Terms and Conditions.
- You undertake to comply with the following obligations in
relation to the content of the material which you may from time to
time contribute to and/or upload onto coseats.co.nz :
- to ensure that all content posted, published, uploaded, disseminated and/or broadcast in any form whatsoever is accurate, genuinely held and complies with applicable and prevailing law both in New Zealand and (where not posted, uploaded, disseminated and/or broadcast in New Zealand) in the country from which it is so posted uploaded, disseminated and/or broadcast;
- not to post, publish, upload, disseminate and/or broadcast in any form whatsoever content that contravenes the rights of any other person or that is defamatory, obscene, injurious, offensive, hateful and/or inflammatory, violent and/or inciting violence, sexually explicit and/or promotes sexually explicit material, political or fraudulent, and, in general, any content that is contrary to the purpose of coseats.co.nz , prevailing laws or rules and/or prevailing acceptable norms and standards;
- not to post, publish, upload, disseminate and/or broadcast in any form whatsoever content that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation and/or age;
- not to post, publish, disseminate, upload, broadcast and/or reproduce any information protected by copyright, trademark and/or other intellectual property or proprietary information and/or do anything which may infringe any copyright, database right, trade mark and/or other intellectual property of any other person, without first obtaining prior written consent of the owner of such proprietary works/information. For the avoidance of doubt and without any warranty that this is permitted and/or authorised, only public domain files, and files in which the author has given you express consent to copy and redistribute on-line or otherwise, may be uploaded to coseats.co.nz , including any software files or libraries;
- not to post, publish, disseminate, broadcast and/or knowingly cause to be posted, disseminated, and/or broadcast in any form whatsoever content or links to third-party websites which constitute or promote a criminal offence, give rise to civil liability, promote any illegal activity and/or otherwise violate any local, state, national, or international law;
- not to post, publish, disseminate, upload and/or broadcast in any form whatsoever content that is likely to deceive, harass, upset, embarrass, alarm or cause annoyance, inconvenience or needless anxiety to any person;
- not to post, publish, disseminate, upload and/or broadcast in any form whatsoever content to impersonate any person or to misrepresent your identity or affiliation with any person;
- not to post, publish, disseminate and/or broadcast in any form whatsoever content which advocates, promotes and/or assists any unlawful act such as (by way of example only) copyright infringement and/or computer misuse;
- not to post, publish, disseminate or broadcast in any form content which could violate the privacy, proprietary and/or other rights of any person or entity, including any personal information provided by another User (including their email address, postal address, telephone number) which would enable a User to contact another User without using coseats.co.nz ;
- not to post, publish, disseminate and/or broadcast in any form whatsoever content in breach of any legal duty (including any contractual duty or a duty of confidence owed to any other person);
- not to express and/or imply that any statements you make are endorsed by or emanate from us and/or coseats.co.nz without our specific prior written consent.
- Failure on your part to comply with all or any of the
obligations and/or undertakings set out above will constitute a
serious breach by you of your obligations to us and/or under these
Terms and Conditions. If you breach one or more of these obligations
and/or undertakings, we shall be entitled to take all or any of the
- immediate, temporary or permanent withdrawal of your right to use coseats.co.nz ;
- immediate, temporary or permanent removal of any posting or material uploaded by you to coseats.co.nz ;
- issue a warning to you;
- commence legal proceedings against you including for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administration and legal costs) resulting from your failure to so comply.
- commence further legal action against you;
- disclose such information to law enforcement and/or other competent authorities as we may reasonably feel is necessary.
- The steps described above are not exhaustive, and we may take any other action which we deem to be appropriate acting in our absolute discretion.
ACCESS TO coseats.co.nz
- Access to coseats.co.nz is provided on an "as is" basis. We reserve the right at any time and for any or no reason to limit, deny, modify or discontinue all or any part of coseats.co.nz with or without prior notice to you. We shall not be liable to you or to any other person if, for any reason, all or any part of coseats.co.nz are unavailable at any time and for any period (including in the event of their total or partial discontinuance by us).
- You are responsible for making all arrangements necessary for you to have access to coseats.co.nz . You are responsible for ensuring that all persons who access coseats.co.nz through your internet connection are made aware of these terms, and that they comply with them.
- We give no warranty that coseats.co.nz and/or any graphics or other content you may download from time to time from coseats.co.nz will meet your requirements, and/or that coseats.co.nz will be uninterrupted, timely, secure, or error free; nor do we give any warranty as to the results that may be obtained from the use of coseats.co.nz and/or as to the accuracy or reliability of any information obtained through all or any of coseats.co.nz or that defects in all or any of coseats.co.nz will be correct.
- We aim to update coseats.co.nz regularly, and may, at any time, change the content and/or archive or delete journeys on coseats.co.nz . If the need arises, we may suspend access to coseats.co.nz and/or close it or them indefinitely. Any of the material on coseats.co.nz may be out of date at any given time, and we shall be under no obligation to update such material.
- We are under no obligation to oversee, monitor, review or moderate discussions, chats, postings, transmissions, and groups. We expressly exclude our liability for any loss or damage arising from the use of coseats.co.nz by a User in contravention of these Terms and Conditions.
- The trademarks, logos, graphics, animations and text featured on coseats.co.nz are our intellectual property and, as such, coseats.co.nz pages (or any part of them) may not be copied, reproduced, modified, published, disseminated, transmitted, used, licensed, represented, exploited for commercial gain and/or distributed in any form whatsoever, without our express written permission.
- Any rights of use of any Coseats Pty Ltd IP that may be granted by us to you are strictly limited to accessing, downloading and printing, and to use these documents for private and personal purposes only. Any other use by the User is strictly prohibited without our express written authorisation.
- You hereby grant (and represent and warrant that you have the right to grant) to us an irrevocable, royalty-free, perpetual, non-exclusive licence (together with the right to grant sub-licences) to use (including for publicity purposes), copy, reproduce, represent, adapt, modify, translate, scan, sub-licence, assign, transmit, and/or create derivative works to any and all content, information, data, images and/or materials you publish, upload, post on, disseminate, broadcast and/or distribute on and/or through coseats.co.nz ("Your Content").
- You hereby expressly authorise us to modify Your Content in order to conform to the look and feel of coseats.co.nz and/or communications media used by us and/or to make Your Content compatible with any technical processes or appropriate media formats.
- You must not copy, reproduce or otherwise use for any purpose whatsoever any content relating to other Users.
UPLOADING CONTENT TO coseats.co.nz
- Whenever you make use of a feature that allows you to upload any content, information, data, images and/or materials to coseats.co.nz or to make contact with other Users, you must comply with the Rules of Behaviour of these Terms and Conditions. In carrying out any uploading of any content, information, data, images and/or materials to coseats.co.nz you warrant that you have complied with the Rules of Behaviour and you agree to indemnify us for any breach of that warranty.
- Any content, information, data, images and/or materials you upload to coseats.co.nz will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to any other person any such content, information, data, images and/or materials for any purpose. We also have the right to disclose your identity to any person claiming that any content, information, data, images and/or materials published, uploaded, posted on, disseminated, broadcast and/or distributed on and/or through coseats.co.nz constitutes a violation of their intellectual property rights, their right to privacy or any law.
- We shall be entitled to remove any content, information, data, images and/or materials you upload to and/or posting made on coseats.co.nz if, in our opinion, such material does not comply with the Rules of Behaviour of these Terms and Conditions.
LIMITATION OF OUR LIABILITY TO YOU
- We shall have no responsibility for any personal or financial consequences, which result from the use of coseats.co.nz . coseats.co.nz is simply a "virtual black board" which allows you to post journeys, search for matches with other Users and contact them.
- The material displayed on coseats.co.nz is provided without any
guarantees, conditions or warranties as to its accuracy or
completeness. To the fullest extent permitted by law, we and any and
all third parties connected to us (including our employees, officers,
agents, representatives and/subcontractors) hereby expressly exclude:
- any and all conditions, warranties and other terms (including any and all express or implied warranties) which might otherwise be implied by statute, common law or the law of equity;
- any and all liability for any direct, indirect and/or
consequential loss or damage incurred by you in connection with
and/or arising from any or all of coseats.co.nz and/or in connection
with the use, inability to use, or arising (directly or indirectly)
from use of coseats.co.nz , any websites linked to either of them
and/or any content, information, data, images and/or materials
published, uploaded, posted on, disseminated, broadcast and/or
distributed on and/or through coseats.co.nz , including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time, whether caused by tort (including our negligence), breach of contract, breach of statutory duty or otherwise, even if any such loss and/or damage is reasonably foreseeable.
- You acknowledge and agree that neither we nor any of our employees, officers, agents, representatives and/subcontractors endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through coseats.co.nz by us, by any of our partner organisations, by any User and/or by any other person or entity. We shall not be responsible or liable for the content of such materials and/or the conduct of Users (whether offline or online). You are strongly advised to use caution and common sense when using coseats.co.nz and in meeting people following contact made through coseats.co.nz .
- You acknowledge that we and our employees, officers, agents, representatives and/subcontractors do not pre-screen content, but that we (and those authorised by us) have the right (but not the obligation) in our sole discretion to refuse, edit, move and/or remove any content that is made available on or through coseats.co.nz .
- We do not control content posted on and/or disseminated through coseats.co.nz and, as such, do not guarantee the accuracy, integrity or quality of any such content. You understand that by using coseats.co.nz , you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any content including for any errors or omissions in any content and/or for any loss and/or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise disseminated and/or transmitted through coseats.co.nz .
- We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control.
YOUR INDEMNITY TO US
- You agree to indemnify us, our holding companies, our
subsidiaries, our officers employees, agents, representatives and
subcontractors against any and all claims, demands, costs, losses,
liabilities and expenses including legal expenses (on an indemnity
basis) arising out of or relating to:
- your use of coseats.co.nz ;
- any part or all of Your Content;
- any breach of these Terms and Conditions including any abusive or unlawful behaviour on your part or by any person for whom you are responsible; and/or
- breach of any warranty or representation given by and/or behalf of you.
LINKS TO OTHER WEBSITES
Please note that links to websites created and/or maintained by organisations other than ourselves are available on or through coseats.co.nz . However, we cannot accept any liability for the accuracy or content of such other websites and we do not necessarily endorse the views expressed within any of them. We cannot guarantee that these links will operate all of the time and we have no control over the availability of any linked pages.
CHANGES TO TERMS AND CONDITIONS
We may revise these Terms and Conditions at any time without notice by amending this page. You agree that you will check these Terms and Conditions on a regular basis to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on coseats.co.nz .
ENTIRE AGREEMENT AND MISCELLANEOUS PROVISIONS
- These Terms and Conditions, and the pages on coseats.co.nz to which these Terms and Conditions refer, constitute the entire agreement between us. They cancel and supersede all prior understandings, proposals, agreements, negotiations, and discussions between us whether written or oral.
- If any provision (or part of any provision) of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions will continue in force without being impaired or invalidated in anyway.
- No forbearance, delay or indulgence by either of us in enforcing our respective rights shall prejudice or restrict those rights. Neither of us shall be deemed to have waived any of our respective rights under these Terms and Conditions because of our respective failure or delay in exercising that right.
- You may not assign, transfer and/or subcontract all or any of your rights and/or obligations under the agreement between us set out in these Terms and Conditions which are personal to you and any attempt on your part to the contrary is void. The agreement made between us as evidenced in these Terms and Conditions shall inure to the benefit of and be binding upon each of our successors and assigns.
JURISDICTION AND GOVERNING LAW
These Terms and Conditions are governed by and will be interpreted in accordance with the laws of Australia, without regard to any principles of conflicts of law. You agree that any action to enforce these Terms and Conditions may be brought in courts located in Australia. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms and Conditions and waive any objections and defenses inconsistent with such venue. By using coseats.co.nz , you represent and warrant that your use complies with applicable law in your jurisdiction of residence.