HaveAFling

C & Z Tech Limited ("we," "us" or "HaveAFling") owns and operates HaveAFling.co.nz (collectively, our "Website"), on which we provide an interactive way for like minded users to explore whether they wish to meet each other, chat with each other and/or explore extra-marital relationships (our Website and such services, collectively, our "Service"). Your use of our Service is subject to the following Terms and Conditions of Use (these "Terms"). The term "member" means any registered member of HaveAFling including paid members. The terms "you", "your" and "yourself" each means the person who accesses the Service whether or not such person is a paid member.

This legal agreement is made between you and us. By accessing the Service, you accept these Terms and agree to the terms, conditions and notices contained or referenced herein whether or not you become a paid member. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OR ACCESS THE SERVICE.

WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME. YOUR CONTINUED USE OF OUR SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. ACCORDINGLY, YOU SHOULD REVIEW THESE TERMS FROM TIME TO TIME FOR SUCH CHANGES.

1. General Rules

1.1 You may not be a member of our Website if:

a. You cannot form a legally binding contract. By registering as a member, you warrant to us that you can form a legally binding contract. In any case, you must be at least 18 years old to become a member.

b. You have ever been convicted of a violent or sexually related criminal offence.

c. You have previously been banned from using our Website, or any similar service offered by C & Z Tech Limited or any third party.

d. You are directly or indirectly involved (in any capacity) in the operations of a service that competes with our Service.

1.2 C & Z Tech Limited employs staff to monitor profiles and photos. Without limiting any other remedies available to us, we reserve the right at any time to suspend or remove you, your profile and any content you submit from our Website at our sole discretion. If we do remove your profile or any content you submit we will not be liable to you in any way.

2. User Conduct

2.1 You are solely and legally responsible for:

a. the content and legality of all information contained in your profile;

b. the content and legality of any material, including photos and messages, you post to or enter on our Website;

c. all of your communications with and behaviour towards other members; and

d. compliance with all applicable laws at all times when using our Service and/or our Website or in circumstances arising out of your use of our Service and/or our Website.

C & Z Tech Limited is not responsible for any profile or other content posted or entered on our Website.

You should not include any identifying information or illegal or unlawful information in your profile.

We reserve the right to store any information you enter, even if deleted from tools provided on our Website.

2.2 You make contact with other members entirely at your own risk. You are legally responsible for your own actions. You agree that C & Z Tech Limited has no responsibility or liability for any actions of you or other members including, without limitation, members that have registered under false pretences or who attempt to defraud or harm you. C & Z Tech Limited is not responsible for ensuring members comply with these terms and conditions.

2.3 You must not communicate with, or attempt to communicate with, any person who has indicated that he or she does not wish to communicate with you or to continue to communicate with you.

2.4 C & Z Tech Limited may be requested to assist in any prosecutions or other proceedings brought by members or third parties against other members and will do so if required by law or if we believe a member has breached our terms and conditions. You agree to us providing such assistance, including the release of any relevant information we may hold about you.

2.5 Members may not be who they say they are. C & Z Tech Limited is unable to confirm that any member on our Website is who they say they are. You must therefore exercise caution when dealing with other members. As an Internet-based service, there are risks of members misrepresenting themselves or presenting themselves under false pretences. This includes misrepresentations about age, gender, marital status or any other attribute which we ask the member to provide. It is also possible that members from other countries will access this service. It may not be practically possible for C & Z Tech Limited to enforce these terms and conditions against such members.

2.6 Without limiting any right that we may have, we may, at our sole discretion, edit, modify, or delete content from your profile, delete any other content or material you have posted to our Website, or suspend or cancel your membership if we believe that content entered creates, or may create, liability for C & Z Tech Limited or if we believe the information to be inappropriate or if we believe you have breached these terms and conditions. We are not liable to you if we exercise any of these rights, including cancellation of any type of membership.

2.7 C & Z Tech Limited reserves the right to decline to register or to suspend or terminate your membership without entering into further discussions with you. Without limiting the foregoing, C & Z Tech Limited may terminate your membership if:

a. a serious complaint or multiple complaints are received about you from other members,

b. you breach these terms and conditions,

c. you impersonate another member, or

d. if we, in our sole discretion, deem your behaviour to be unacceptable.

Members who have registered under multiple aliases will have all of their aliases disabled.

3. Your obligations as a user and member

3.1 You agree to comply with all applicable laws when using our Service and dealing with other members.

3.2 You are responsible for keeping your password secret and secure. Without limiting the foregoing, you agree:

a. not to permit any other person to use your user name and password; and

b. not to disclose, or provide to any other person, your password.

3.3 You will not attempt to damage or harm our Website or our Service.

3.4 You will not use our Website for commercial purposes or for the promotion of any business.

3.5 You will only interface with our Website manually and through a web browser. You are not permitted to programmatically or otherwise automatically interface with our Website. This includes "spidering" or interfacing for the purposes of harvesting information from our Website.

3.6 You will not enter obscene, abusive, defamatory, threatening, harassing, illegal or objectionable material on our Website. This includes messages, images, the information in your profile or any other form of information that can be entered on the website (including communications with other members). C & Z Tech Limited will be the sole judge of what is considered a breach of this obligation. C & Z Tech Limited reserves the right to refer such material to the relevant authorities to consider prosecution, or to assist other members in the prosecution of members.

3.8 You must not use the HaveAFling messaging system for the discussion of competing services or any illegal or unlawful activity.

3.9 You must not enter any contact or identifying information in your profile. This includes, but is not limited to, your email address, phone number, physical address.

3.10 You must not disclose any details of any other members or disclose personal information of others through the HaveAFling messaging system or otherwise.

4. User Content

4.1 By submitting any content (including without limitation, your photograph) to our Website, you represent and warrant to us that the content, including your photograph, is posted by you and that you are the exclusive author of the content, including your photograph, and use of your content by us will not infringe or violate the rights of any third party. By submitting any content (including without limitation your photograph) to our Website, you automatically grant, and you represent and warrant that you have the right to grant, to us, and our licensees, affiliates and successors, a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, and modify such content or incorporate into other works such content, and to grant and to authorize sub-licenses of the foregoing.

4.2 You are solely responsible for any content that you submit, post or transmit via our Service. You agree not to post or submit any content that:
4.2.1 is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
4.2.2 harasses or advocates harassment of another person;
4.2.3 exploits people in a sexual or violent manner;
4.2.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
4.2.5 solicits personal information from anyone under 18;
4.2.6 publicly posts information that poses or creates a privacy or security risk to any person;
4.2.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
4.2.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
4.2.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
4.2.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
4.2.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
4.2.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
4.2.13 involves commercial activities and/or sales without prior written consent from us such as contests, sweepstakes, barter, advertising, or pyramid schemes;
4.2.14 includes a photograph or video of another person that you have posted without that person's consent; or
4.2.15 violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.

4.3 The foregoing is a partial list of the kind of content that is illegal or prohibited on our Website. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this Section 4 or any other provision of these Terms, including without limitation, removing the offending communication from our Service, terminating the violator's access to our Website and contacting and disclosing information to the relevant authorities.

4.4 We have no obligation to post any content that you or anyone else submits. While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to monitor, delete, move, or edit messages or materials, including without limitation advertisements, profiles, public postings and messages, that we, in our sole discretion, deem to violate these Terms or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.

5. Fees and refunds

5.1 C & Z Tech Limited offers paid memberships. The fees specified on our Website are payable in advance and are non-refundable. Fees paid will not attract credit interest or other financial charges. In the event that you are removed from a website for breach of our terms and conditions or for any other reason, your remaining subscription will be lost and is not refundable.

5.2 The fees specified on our Website include all applicable taxes, including sales tax and consumption taxes such as goods and services tax (GST).

5.3 C & Z Tech Limited reserves the right to change the fees charged or introduce fees for any of our Service at any time. If we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.

5.4 All fees specified on our Website are in New Zealand Dollars unless otherwise stated.

6. Cancellation of orders

Where products are listed on our Website with an incorrect price or with incorrect information, we reserve the right to cancel the buyers order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by the buyer in relation to that order.

We may cancel the buyer's order any time prior to our order confirmation. Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by us.

7. Disclaimer

You expressly understand and agree that:

a. Your use of our Website and our Service is at your sole risk. C & Z Tech Limited expressly disclaims, to the maximum extent permitted by law, all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.

b. C & Z Tech Limited makes no warranty, to the maximum extent permitted by law, that i) our Service provided will be uninterrupted, timely, secure, or error free, ii) the information provided on our Website is error-free or reliable, iii) the quality of any products or services obtained through the website will meet your requirements, or iv) members are who they say they are.

c. No advice or information that is obtained by you from C & Z Tech Limited or otherwise shall create any warranty not expressly stated in the Terms and Conditions.

d. Responsibility for the content of advertisements appearing on our Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on our Website does not constitute C & Z Tech Limited's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

8. Limitation of Liability

You expressly understand and agree that:

a. C & Z Tech Limited shall not be liable under any circumstances for any direct, indirect, incidental, special, consequential or exemplary loss or damages, including but not limited to damages for loss of profit, goodwill, use, data, or other intangible losses that result from the service, or the inability to access the service.

b. C & Z Tech Limited shall not be liable for the cost of procurement of substitute goods or services resulting from services provided by C & Z Tech Limited.

c. C & Z Tech Limited shall not be liable for the conduct or statements of members or third parties in relation to the service.

9. Indemnity

You agree to indemnify fully C & Z Tech Limited from and against all claims, liability, loss, costs and expenses (including the full amount of legal costs) incurred or suffered by C & Z Tech Limited in respect of or in connection with:

a. information contained in your profile;

b. any material, including (without limitation) photos and messages, you post to or enter on our Website;

c. your communications with or behaviour towards other members;

d. any death, personal injury or damage to property you may cause;

e. your breach of these terms and conditions or any applicable laws.

10. GENERAL PROVISIONS

10.1 System integrity
C & Z Tech Limited will use its reasonable endeavours to ensure the availability of our Website and services, subject to any downtime required for maintenance. However, C & Z Tech Limited takes no responsibility for any system unavailability, or for any loss that is incurred as a result of our Website or our Service being unavailable. Further, C & Z Tech Limited assumes no responsibility for the corruption of any data or information held by C & Z Tech Limited.

10.2 Resolution of disputes
As C & Z Tech Limited is not a party to any dispute between you and another member, you agree:

a. not to involve, or attempt to involve, C & Z Tech Limited in any dispute or in the resolution of disputes that arise between you and another member as a result of our Service provided; and

b. not to use our Service or web site to engage in or attempt to resolve the dispute.

10.3 Force Majeure
C & Z Tech Limited has no liability for any lack of performance, unavailability or failure of our Service or our Website, or for any failure of C & Z Tech Limited to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of C & Z Tech Limited.

10.4 No Waiver
If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

10.5 Partial Invalidity
If any provision of these terms and conditions 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 terms and conditions, which shall continue in full force and effect.

10.6 Governing Law
These terms and conditions and your membership are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

10.7 Intellectual Property Rights
C & Z Tech Limited owns all intellectual property rights and other proprietary rights in our Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of our Service and our Website. You may not without our prior written permission, in any form or by any means:

a. adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of our Website; or

b. commercialise, copy or on-sell any information or items obtained from any part of our Website.

10.8 Entire agreement
These terms and conditions, our privacy policy and the code of ethics supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written and constitute the entire agreement between the parties relating to the subject matter of these terms and conditions.

10.9 Privacy
Please refer to our privacy policy. C & Z Tech Limited collects personal information about you through your use of our Service and our Website, including:

a. your registration details; and

b. information relating to your use of our Website and the content you post and access.

You agree that C & Z Tech Limited may use this personal information to assist us to provide our Service to you, for internal research purposes, to verify your identity, for promoting and marketing other C & Z Tech Limited products and services to you, and for any other use that you authorise. We will not sell or allow third parties to access your personal information without your consent, however you agree that C & Z Tech Limited may disclose your personal information, including your user name and contact details, to the relevant authorities if we consider that you are in breach of these terms and conditions at any time.

10.10 Emails and newsletters
C & Z Tech Limited will send you emails relating to your membership, transactions and other activities on our Website, and for promoting and marketing other C & Z Tech Limited products and services to you. C & Z Tech Limited may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

If you have any questions or concerns about our terms and conditions, the services of our Website, you may contact a representative of our company by calling us on (09) 889 2168, using the Contact Form or by regular mail: C & Z Tech Limited, 6-729 Remuera Road, Remuera, Auckland 1050, New Zealand.

Last Updated: 5th April 2011.