GoCoast Web and Mobile Terms of Use

At GoCoast we connect New Zealanders to information, events, businesses and services in their local area.  That’s why we love hearing what people have to say about their patch and we’re really proud of how our website helps New Zealanders find out: what’s good around here!

As you’ll appreciate, we want to make sure that our website creates a positive and constructive environment for our business customers and consumers – that’s where these terms of use come in.

And just to be clear, these terms of use also apply when you use our mobile applications or social media like Facebook or Instagram to access and interact with our website.

 

How do these terms of use work?

Whether you are a:

  • business customer (or an authorised administrator of a business customer) creating a free digital listing, updating or amending your existing advertisement, or otherwise posting or uploading content on our website, or
  • an advertising agency doing that on behalf of your client, or

 

As you’ll see, these terms of use contain special words that have special meanings. A guide to these is set out at the back of these terms of use.

 

When can these website terms of use change?

We may want to change any of the information on our website or these terms of use from time to time. Continuing to use the Store, our digital product, website or mobile application will mean that you agree to our changes.

 

You need to be a registered user.

We have restricted access to some parts of our website to users who have registered with us and, in some cases, who also meet certain criteria. For example, you must register with us if you want to upload or post any content to our website or use the Store. This applies whether you are a business customer or a consumer, or an authorised administrator of a business customer.

 

When you register with our website, you will be required to select a user name and password. You must keep those confidential and you mustn’t disclose them to anyone else. If you become aware of any unauthorised use of your user name or password you must let us know straight away by reporting the issue.

 

How do I report an issue?

You can notify us about any unauthorised use of your user name or password, or about any complaints you may have about the content of our website, using the Contact GoCoast link in the footer of each page on our website, or at the base of every listing or content post on our mobile application.

 

Being a contributor

If you are a registered user, you can interact with our website in many ways including through expressing your love for a business, posting comments, creating a free digital listing, or purchasing products from us.

 

Our goal is to promote you to ‘Share the things you love locally’ in a positive, safe, honest and constructive environment. To achieve this goal, it is important to be fair and honest in your opinions and any content that you upload or post. We ask that you only post meaningful, respectful content, avoiding remarks that are off-topic or offensive.

 

For content to be meaningful, it must contain enough detail to show that the contributor has relevant knowledge about the subject, and be able to assist a consumer in coming to a view about whether or not to visit the venue or place, or attend the event, or purchase goods or services from the particular business (as the case may be). We would not consider a Love or review of just a few words, or a generic statement to be meaningful, or qualify the contributor to earn tokens for the contribution. While we encourage you to share your views and opinions with other users, you must comply with these terms of use and act in a socially responsible and legal manner.

 

When you use or interact with our website or make contact with other users of our website, you will:

  • make sure that any content you post or upload onto our website for any purpose:
  • is complete and accurate and is not misleading or confusing (in relation to a free digital listing this includes any representations or claims about your business and your membership of any business or trade associations)
  • is owned by you or you have the rights to provide it to us for use and distribution on our website or as part of your free digital listing
  • does not infringe anyone else’s intellectual property or privacy rights and is not illegal, defamatory, discriminatory, offensive, threatening, obscene or otherwise objectionable
  • make sure that you do not provide any content about or concerning a third party without that third party’s consent
  • comply with our advertising policy
  • comply with all relevant laws, regulations, codes and standards (including in relation to the products and services being advertised through a free digital listing and any content you provide for a free digital listing)
  • not advertise any product that is subject to an unsafe goods notice
  • not damage, interfere or harm our website, or any network or system underlying or connected to them, or attempt to do so
  • not introduce any content or code to this website which is technologically harmful
  • not use a robot, spider, scraper or other unauthorised automated means in relation to our website or any information featured on them for any purpose.

You agree that any content you post or upload onto our website may be used, copied, distributed or disclosed by us.

 

You are not allowed to advertise or otherwise attempt to sell products or services for money through a personal registration, or through personal posts or comments, on our website – this may only be done through an advertisement or product listing. This is to protect all of our consumers from rogue traders, scams, spam, and misleading or false advertising. User content that asks for contact information from other users except via an advertisement is also not allowed and we will remove any such content from our website that comes to our attention. Likewise, any posts or comments soliciting donations of money from consumers may be removed.

 

You agree to compensate and indemnify us against any loss, damage, liability or claims that we suffer or become liable for as a result of your failure to comply with these terms of use.

 

Moderation

We may pre-screen or post-moderate, review, flag, filter, edit, refuse or remove any or all content that you post or upload onto our website, including in relation to a free digital listing. We also have the right to suspend or cancel your access to our website and our digital product if we believe you have breached any of these terms of use.

 

We will remove content that is not meaningful.

We will remove content that is misleading, ie; tags that do not relate to your business.

 

You agree to help us police content to keep the environment honest and safe, by reporting issues using the Contact GoCoast link. We will investigate all complaints and reports of content that does not comply with these terms of use, however we will not remove content simply because it may be unfavourable to you or to any featured business.

 

Free Digital Listing

Where you are creating a free digital listing you must be a genuine business, making use of our website for legitimate purposes.

 

At GoCoast , we want to make sure that our products and services are relevant and appropriate to our business customers and consumers. This means that, in relation to your free digital listing, we have the right to enforce our advertising policy and to:

  • determine the categories in which your free digital listing will appear
  • determine the placement of your free digital listing within those categories (and in relation to third party advertisements within those categories)
  • ask you to substantiate any claims about your business, products or services that you make in your free digital listing
  • require amendments to your free digital listing
  • refuse to accept or publish your free digital listing
  • cancel or remove your free digital listing.

Contextually placed ads from competing or related businesses may be placed next to, and disrupt, your free digital listing.  You can remove these ads by upgrading to a Marketplace paid listing.  Alternatively you can request us to remove your free digital listing and we will honour your request within 5 business days.  Please note however that any publically available directory information concerning your business will remain on the website.

 

Our business recognition scheme

When you place a free digital listing on our digital product, your participation in our business recognition scheme will be governed by our recognition and rewards policy, a copy of which is available on our website.

 

We will set the business rules and parameters for the business recognition scheme, which determines how businesses are “rated” on our website, at our sole discretion.

 

Where your free digital listing will appear in relation to other businesses through the search function of our website and digital product will depend on a number of factors which we may determine at our sole discretion.

 

Vouchers

If you buy a voucher in the GoCoast Store you agree:

  • a voucher is to be redeemed with the retailer, subject to any terms set out on in the product listing or on the voucher itself
  • vouchers cannot be combined with any other offers, discounts or promotions, unless the retailer specifies otherwise
  • vouchers must be used in full, and no change will be given by the retailer
  • vouchers are not transferable for other goods or services or cash
  • the voucher is your responsibility and neither we nor the retailer will be liable if the voucher is lost, stolen or damaged
  • vouchers can only be redeemed by you up until their expiry date specified on the product listing and on the voucher itself (if any)
  • your use of a voucher to purchase alcohol is at the discretion of the retailer and is subject to compliance with applicable law.

Ownership

You will own (or continue to have the right to use) any content that you upload for use in your free digital listing or product listing.

 

We own, or are licensed to use, all rights including copyright in:

  • our website, mobile applications and digital product
  • our trade marks, brand names, badges, icons, logos and domain names
  • data that we collect or that is generated through or in relation to our website
  • all content published, contained, posted or uploaded in or on our website including comments made in response to advertisements (except for content that belongs to you, or is identified as belonging to another party, and that you use in your free digital listing or product listing). As copyright owners, we get to decide who gets to use that content and the kinds of use they can make of it.

You may produce (electronically or in hard copy) and use content on our website for your personal use only. In all other circumstances you must get our written consent before reproducing or otherwise using that content. If you wish to use any third party content identified as such on our website, you must obtain the prior consent of the relevant owner. This includes contents of websites you access via links from our website.

 

What are we liable for?

Nothing in these terms of use limits your rights under the Consumer Guarantees Act 1993 so these terms are to be read subject to that Act and, where these terms conflict, that Act applies.  However, if you purchase goods or services for the purpose of a business, you agree that the Consumer Guarantees Act 1993 does not apply.

 

You use our website at your own risk.

 

We do not guarantee that our website will be uninterrupted, timely, secure or error free, or that any content provided on our website is error free or reliable.

 

To the greatest extent permitted by law, we exclude all guarantees, representations, terms and warranties not specifically included in these terms of use.

 

You agree that you are solely responsible for (and that we have no responsibility to you or any third party for) any content that you create, upload, transmit, post or display while using our website and for the consequences of your actions (including any loss or damage which we may suffer as a result). This is despite the fact that we may moderate some of the content on our website.

 

We are not your agent or the agent of any person who uses or advertises through our website. Except as set out above in relation to the GoCoast Store:

  • We have no involvement or responsibility in any dealing or transaction that arises between you and any user of our website
  • You must deal with any user of our website directly to complete any transactions or to resolve any issues arising from them.

For any products that you buy from the GoCoast Store:

  • we will not be liable to you for any loss of profit, loss of revenue, loss of business opportunity, damage to goodwill or any indirect, consequential or special loss or damage
  • in no case shall our maximum liability to you be greater than the cost of your original purchase.

In all other cases, we will not be liable for any loss or damage (direct or otherwise) you suffer in connection with your use of our website or your use of, or reliance on, information contained on or accessed through our website. You understand that by using our website, you may be exposed to content that you may find offensive, indecent or otherwise objectionable.

 

Hypertext links

Our website may contain hypertext links to other websites that are not operated by us. These links are provided for your convenience and interest only.

 

We will not investigate or monitor the hypertext links to other websites. You link to them at your own risk.

 

We are not responsible for information contained on any website that you link to from our website and any such link should not be taken as endorsement of any other site or products offered on that site.

 

You are welcome to create a hyperlink to our website from another site owned by you. However, this link must not be presented on your site in any way that implies that our website has an association with your site, or endorses your site or products. Our name or any of our logos must not be used on your site without our written consent.

 

We may provide our business customers with buttons, which will allow these businesses to link their websites with their GoCoast listings. Use of such buttons must meet our Terms of Business at all times.

 

If you create a hypertext link to our website, you are responsible for all direct and indirect consequences of the link. You indemnify us for all loss we suffer in connection with any link you have created.

 

Security

Information transmitted over the internet is inherently insecure. However, we have physical, electronic and managerial processes in place to protect the information we collect via our website.

 

Any information sent through our website is passed through a secure server using encryption technology.

 

All stored customer data is protected through secure passwords, user log-ons and other security procedures.

 

Privacy Policy

When we collect personal information about you through our digital product we will only collect and use your personal information in accordance with our Privacy and Security Policy, which is available on our website at www.GoCoast.co.nz.

 

Please have a look at our Privacy and Security Policy to make sure that you are comfortable with how information on your public user profile on our website will be available to other consumers – particularly your activity around checking in using our mobile app, and when other consumers follow you through our digital product.

 

Governing law

Our website is governed by New Zealand law. When you access our website, you submit to the exclusive jurisdiction of the New Zealand courts.

 

Special words we have used in these terms of use

advertisement means a business page or community page on our digital product by a paying advertising customer or legitimate community or charitable organisation which has accepted our sales order and terms of business in relation to that advertisement, or a free digital listing page

advertising policy means our policy, as updated from time to time, setting out the requirements that our business customers must comply with when supplying content for use in their advertisement, free digital listing or product listing. Our advertising policy can be found on our website

authorised administrator of a business customer means an individual who has been confirmed by a business customer as having editorial rights in relation to that business customer’s advertisement on our digital product or product listing

consumer means an individual user of our website

content means any information, comments, claims, statements, photographs, images, video, sounds, text, data, trade marks, brands or logos

digital product means our online local information service for connecting consumers with local businesses, events and services in local areas across  New Zealand, which can be accessed through our website, mobile phone application and social media

free digital listing  means a free listing of your business details on our digital product, in a form which conforms to our product specifications for free digital listings

mobile application  means our mobile application(s) for accessing our digital product and website

privacy policy  means our privacy policy, as updated from time to time, which can be found on our website

product means the goods, services or vouchers that are listed for sale to consumers in the GoCoast Store

product listing means the description of a business customer’s product that appears in the GoCoast Store and includes any pictures or images of the product, any written description of the product, quantity of available products, and any terms and conditions that apply to vouchers

public user profile means the display name chosen by you which is displayed when you interact with our website as a contributor

retailer means a business customer that lists products for sale or as rewards in the GoCoast Store

rewards means rewards provided to a consumer (in exchange for tokens) as described in our recognition and rewards policy

we/our/us  means GoCoast Limited and our successors or assigns

website  means our website www.GoCoast.co.nz, or any other websites that we may create and make available to you from time to time. In these website terms of use, any reference to ‘our website’ should be read to also include our digital product and mobile applications

you  means the person accessing or using our website, digital product or mobile application and includes business customers, authorised administrators of a business customer and consumers.