Terms and Conditions
Outlined herewith are the terms and conditions for doing business with iLook as referred to on the customer's copy of the iLook Tax Invoice form.
Please also be advised that by using iLook�s website directory and/or associated services, you agree to be bound by the same terms and conditions.
iLook is the trading name for the iLook company registered in Auckland, N.Z
Welcome to iLook
These terms of use apply to all users of the iLook sites or any of its products.
1. Agreement
By accessing the information, products and services contained in our sites you agree to be bound by the terms and conditions of our Agreement. The terms and conditions of this Agreement may, from time to time, change. Upon each occasion that the terms and conditions of the Agreement change there will be a notification on our site for 30 days. By continuing to access the information, products and services contained in our site you will have by doing so indicated that you have agreed to the terms and conditions prevailing from time to time.
What you MUST do
- You must use all iLook sites in a responsible manner.
- If you are under 12 years of age, you must obtain a parent/guardian's consent prior to using any iLook site.
- Pay all outstanding amounts due to iLook.
What you MUST NOT do
- Use iLook sites for any activities or post or transmit to or via any iLook sites any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes;
- Use iLook sites in a way or post to or transmit to or via any iLook sites any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying any iLook site
- Use iLook sites to send unsolicited electronic mail messages to anyone;
- Make any fraudulent or speculative enquiries, bookings, reservations or requests using iLook sites;
- Use any other persons or entity's name, username or password without written permission;
- Post, or transmit via iLook sites, any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
- Tamper with, hinder the operation of or make unauthorised modifications to iLook sites;
- Knowingly transmit any virus or other disabling feature to iLook sites
- Attempt any of the above acts or permit another person to do any of the above acts.
- Copy or use any material for the use of any other persons or persons (except for your own personal use) without written permission from iLook directors
2. Third-Party Products, Services & Content
- Some of the products, services and information used or offered for sale on iLook sites may be with permission of third parties.
- The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.
- We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of any third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via iLook sites. You should check with the third party supplier whether there are additional charges and terms, which may apply.
- We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on iLook sites or accessible through a hyperlink on iLook sites. You acknowledge and consent to us receiving these fees.
- All prices displayed and products and services offered for supply on any iLook sites are subject to change without notice.
3. Confidentiality
The Internet is not completely secure and while iLook sites use their best endeavours to ensure that your information remains confidential (including the use of advanced encryption technology) there remains a possibility that unauthorised persons could intercept information you provide. By accessing our site, you accept the terms of our privacy policy, which are displayed on all sites and incorporated herein.
4. Indemnity
You agree to indemnify us and our officers, employees, agents and related corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of any iLook site by you or anyone using your name and password.
5. Disclaimer & Limitation of Liability
The Trade Practices Act (or similar Legislation in New Zealand, Australia, Canada, USA, UK, Ireland, South Africa, Israel, India, Singapore, South Korea), may confer rights and remedies on you in relation to the provision by iLook of goods or services on iLook sites which cannot be excluded, restricted or modified ("Non-excludable Rights"). iLook sites do not exclude any non-excludable rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by any Non-Excludable Rights:
- All iLook Content is provided "as is" and without warranties of any kind, either express or implied
- iLook and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose,
- iLook does not warrant that the functions contained in any content or any communications facility or your access to any iLook site will be uninterrupted or error-free, that any defects will be corrected or that any iLook site or the server which stores and transmits content to you are free of viruses or any other harmful components,
- iLook does not warrant or make any representation regarding your access to, or the results of your access to, any iLook site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, so YOU MUST seek professional advice for your own particular situation before relying on or modelling from any content posted on any iLook web site. iLook strongly recommends (without exception) that you obtain your own professional advice on all matters in every situation.
6. Use of Your information & Material
When you send us any feedback, suggestions, ideas or other materials in relation to or via iLook sites, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Policy. You also agree that the copyright for that content, writing or material shall reside fully with iLook.
7. Trademarks
All trademarks displayed or referenced on iLook sites are trademarks of their respective owners and nothing contained within iLook sites should be construed as granting any licence or right of use of any trademark.
8. Traffic Flow
Response times and the ability to effect an on-line transaction vary with user demand. You agree not to hold iLook (or, where applicable, any third party service provider) responsible for any inability to make an on-line transaction, or to access any site at any time.
9. Termination
If, in iLook�s reasonable opinion, you breach any of these Terms of Use, we may suspend, terminate or limit your access to all iLook sites effective immediately, but all restrictions imposed on you, and all disclaimers and limitations of liability as laid out in the Terms of Use will survive.
10. Privacy policy
Our iLook business group and its associated companies will never, under any circumstances, pass on information about its members and its clients to a third party. However, iLook is a public information service so it cannot accept any responsibility nor be held liable for misuse of information viewable on it by a third party.
11. Member/ customer communication
We will periodically be in touch by email and newsletter and will forward reminders annually to all advertisers to seek update of details on our membership files. Free listing customers have the ongoing opportunity to upgrade to a paid featured listing at anytime.
12. Listings and Categories
We will allow your business to list in your chosen categories in the area or region selected if your website or marketing or promotion material clearly shows you provide the products and/or services you offer. Paying customers may list in up to 5 different categories as they wish, but only if the products and/or services they provide clearly fit into the selected categories.
13. Website Requirements
If you are submitting a website listing, it must be operational (no inactive or "parked" domains) and provide enough information for iLook�s visitors to know if your business can provide them with what they need.
14. Listing from overseas businesses (that is non-NZ)
iLook NZ is strictly for companies that can provide products and/or services to New Zealand customers and clients. Listings from overseas companies are permitted if the home page of the website shows clear evidence that the business can provide products and/or services to New Zealand residents and businesses. E-mail only listings from overseas companies will be permitted provided the advertiser works together with the iLook sales office to finalise matters to the satisfaction of all parties.
15. Security in place
Other than length iLook has minimum restrictions and limitations on the content of your username and password. Passwords are stored using SHA-1 one-way encryption. It is up to you to ensure that your password is sufficiently complex to prevent unauthorised access to your published information and listing.
16. Intellectual Property Ownership
All advertising artwork and graphics created by iLook�s designers are the Intellectual Property of iLook and cannot be used outside of the iLook website without written permission from iLook directors. Where iLook�s designs and artwork are requested for outside use by any client or advertiser a fee will be charged to offset the production cost of the product by iLook. Copyright for the design and artwork will always remain with iLook.
17. Use of iLook Designs, Text, Graphics and Copyright material and files
No part of the iLook website or content or clients advertisements or listing within, may be used in any other website or publication whether with the advertiser�s permission or not, without written permission from iLook directors. Such unauthorised use consists of breaches of copyright which will be pursued to the fullest extent of the law by the iLook lawyers.
18. Content is monitored
iLook is an online business development and promotion site and observes all the courtesy and standards expected of a professionally run website operation. All submissions to it are monitored closely. Any submissions containing or linking to content of an adult/pornographic and/or illegal and/or offensive nature will be deleted without notice. Repeated submissions will result in "black listing" of the submitter's details to prevent further submissions. Many listings in iLook are created by or sourced from third parties. As such, iLook will not be held liable if this information is in any way inaccurate or misleading. If you find something that you believe is misleading or inaccurate, please alert us urgently in writing and we will correct it as soon as we are able.
19. Success of Listing
iLook cannot guarantee the success of any listing or advertising in iLook. iLook will promote all advertised business as much as it can but as the decision to use the products or services of any advertiser is out of iLook�s control no guarantee of success can be given.
20. Promotion of Listings and the iLook site
iLook cannot and will not make promises relating to any form of traditional promotion or advertising for their clients and their businesses. As iLook is an Online Business Directory most of its promotion efforts will be concentrated on promotion via the Internet including optimisation work to assist iLook rank as high as possible. iLook will from time to time promote through use of billboards, high exposure signage, radio, brochures, newsletters and vehicle signage as a potential service but not as a right.
21. iLook links
iLook links to other external websites. iLook is not responsible for the content, policies and practices of these sites.
22. No responsibility accepted
iLook is not associated with the businesses and users who use the services provided by iLook in NZ or overseas. Any and all transactions and conduct are the responsibility of the business/user and the advertiser, and not of iLook.
23. Site Availability
iLook cannot guarantee that this website will be available and functioning correctly 100% of the time all the time because of the problems that often occur with technology. This applies also to non-functioning of the content management and upload functions and other tools incorporated for user to use. iLook will not be held liable to the advertiser for any and all damages, expenses or loss of profit on any theory of liability caused by the iLook site not being available or functioning incorrectly.
24. Spam and Improper Use
iLook has 2 main objectives. The first is the promotion and listing of your business and the second is to help users find the products or services they seek as efficiently as possible. Any misuse of our system or site will result in your submissions being deleted without notice. Repeat offences will result in "black listing" to prevent resubmission. Misuse is defined as, but not limited to, the following...
- Misleading/spam submissions, such as submitting entries into areas that your business does not directly service
- Submitting offensive, illegal and/or "adult" content
- Any attempts to utilise an iLook member�s or user�s account to promote your business
25. Refund Policy
We do not refund once the sale has been agreed and concluded and the invoice issued to customers. We strictly apply that once this has occurred both the customer and iLook are bound under a contract and each party is obligated to perform its obligations. The iLook directors may under exceptional circumstances approve a partial refund which will be treated on a case by case basis but only after a deduction for costs and lost margins on the particular sale has been made.
26. Cancellation of the Agreement
Except in exceptional circumstances and totally at the discretion of the iLook directors, iLook cannot accept cancellations of the website or advert listing invoice and agreement. Where iLook director�s grants a cancellation of the agreement any refunds made will be assessed according to each particular case. Any request for cancellation must be in writing from the owner of the business (not advisers) and sent to iLook at P.O Box 303 408, North Harbour, Auckland. On receipt of such request the matter will be determined and a reply forwarded to the requesting customer.
27. Applies to Partners and Associates
The above terms and conditions of use also apply as detailed above to iLook�s associated partners and associates including the ILook Group and its website and products and services.
28. Contact
Our contact details for notices are:
- iLook Group
- Admin/Customer Support
- Email: admin@ilook.co.nz
- P.O Box 303 408, North Harbour, Auckland, New Zealand.
29. Free Use of articles
All articles noted as free may be freely distributed for non commercial use by email, mail or print without cost. It may be displayed or given away free on your web site as long as it is linked back to www.ilook.co.nz and not sold for payment or fee. You are not permitted to display more than 3 articles at a time on your website. This permission is granted also on condition that the article is not modified, altered, added to or changed in any way but displayed in its entirety with the copyright owner's website address www.ilook.co.nz and copyright fully displayed.
30. Consult Your Advisers
It is assumed that customers have consulted with their advisers before concluding any transactions with iLook involving their business affairs and their financial capabilities. iLook recommends that all potential customers consult their advisers before making business decisions that require a financial outlay.
31. Disclaimer
iLook will not be held responsible for any damages your business may suffer. iLook makes no warranties of any kind, expressed or implied for services and products we provide. iLook disclaims any warranty or merchantability or fitness for a particular purpose. iLook reserves the right to amend or update these terms and conditions without notice. iLook furthermore expects that customers who provide services to others will fully comply with all applicable laws concerning the privacy of on-line communications. Any customer's failure to comply with those laws will violate this policy. iLook emphasises that in accepting services and products, all customers accept that they will indemnify iLook for the violation of any law or iLook policy that results in any loss to iLook or the bringing of any claim against iLook. This means that if iLook is sued because of activities of the customer that violate any law, or this policy, the customer will pay any and all costs arising from this action.
Signed:
iLook Directors
www.ilook.co.nz