Welcome to Heartland, a portal for New Zealand's on-line rural community. These Terms and Conditions are intended to ensure that Heartland remains a vibrant, positive part of the community.

1. Acceptance of Terms

Heartland provides its services to you, subject to the following Terms and Conditions ("TAC"), which may be updated by us from time to time without notice to you. In addition, when using particular Heartland services (e.g. business directory listing), you and Heartland shall be subject to any guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TAC.

If any provision of these TAC becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining TAC, which shall continue in full force and effect.

If we do not enforce or exercise any right available to us under these TAC, it does not constitute a waiver of those or any associated or consequent rights.

These TAC are governed by the laws of New Zealand.

Please help us keep Heartland an enjoyable and positive experience. If you see a listing that violates the rules below, please contact us.

2. Description of Terms and Services

In these TAC, the following terms are used and their meaning are set out as follows:

• 'notices' means any posting of your information to the noticeboards.
• 'noticeboards' means areas on the Heartland website where members can add text.
• 'directory listing' means any business, club, sport or group information and web page content.
• 'web page' means an updateable web page offered in conjunction with a directory listing.
• 'member' means a registered member of Heartland.
• 'services' means any of the services offered by Heartland.
• 'web site' means the Heartland website through which the services are offered.
• 'we', 'us' and 'our' are a reference to Brazen Image Ltd trading as Heartland.
• 'you' and 'your' are a reference to you and/or any user of the service.

Heartland currently provides users with access to a rich collection of on-line resources, including, regional news, regional weather, public noticeboards, business, sports, clubs and community directories and web pages, property for sale and personalised email alerts through its network (the "Service"). Unless explicitly stated otherwise, any new features introduced by Heartland shall be subject to the TAC. You understand and agree that the Service is provided on an "as is" and “as available” basis and that Heartland assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other applicable access device.

3. Member Obligations and Conduct

You must be resident in New Zealand.In consideration of your use of the Service, you agree to:

• provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"); and
• maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

In particular to register, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or Heartland has reason to suspect that such information is untrue, inaccurate, not current or incomplete, Heartland has the right to suspend or terminate your account and refuse any or all current or future use of the Service (or any portion thereof).

Upon completing the Service's registration process you will have a password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:

• immediately notify Heartland of any unauthorised use of your password or account or any other breach of security; and
• ensure that you exit from your account at the end of each session. Heartland cannot and will not be liable for any loss or damage arising from your failure to attend to this.

You understand that all information, notices, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Heartland, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service.

Heartland does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Heartland be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to not use the Service to:

• upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, a Heartland official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
• upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, or any other form of solicitation, except in those areas (such as business directory pages) that are designated for such purpose;
• upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• "stalk" or otherwise harass another; or
• collect or store personal data about other users.

You acknowledge that Heartland does not pre-screen Content, but that Heartland shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Heartland shall have the right to remove any Content that violates the TAC or is otherwise objectionable.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Heartland or submitted to Heartland, including without limitation information in Heartland Noticeboards, Heartland Directory pages, and in all other parts of the Service.

You acknowledge and agree that Heartland may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TAC; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Heartland, its users and the public.

4. Indemnity and Release

We have no control over the Content of the Service.

You agree to indemnify and hold Heartland, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TAC, or your violation of any rights of another.

You acknowledge that Heartland may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that noticeboard postings or other uploaded Content will be retained by the Service, the maximum disk space that will be alotted on Heartland's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.

You agree that Heartland has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that Heartland reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

You agree that your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Heartland shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Force Majeure: Without prejudice to clause 2 above, Heartland has no liability for any lack of performance, unavailability or failure of the Service or the web site, or for any failure of Heartland to comply with these TAC where this arises from any cause reasonably beyond the control of Heartland.

7. Modifications to service

Heartland reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Heartland shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. Termination

You agree that Heartland, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if Heartland believes that you have violated or acted inconsistently with the letter or spirit of the TAC. Heartland may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.

You agree that any termination of your access to the Service under any provision of this TAC may be effected without prior notice, and acknowledge and agree that Heartland may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Heartland shall not be liable to you or any third-party for any termination of your access to the Service.