Tendonaeclearur

Terms of Use

Last Updated: January 2025

1. Agreement to Terms

These Terms of Use constitute a legally binding agreement between you and Tendonaeclearur ("we," "us," or "our") regarding your access to and use of the website https://tendonaeclearur.world (the "Website").

By accessing or using the Website, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree with these terms, you must not use the Website.

2. Business Information

Business Name: Tendonaeclearur

Contact Person: James McKenzie

Address: 18-32 Manners Street, Wellington 6011, New Zealand

Phone: +64 4 471 0726

Email: touch@tendonaeclearur.world

3. Changes to Terms

We reserve the right to modify these Terms of Use at any time. Changes will be effective immediately upon posting to the Website with an updated "Last Updated" date. Your continued use of the Website after changes are posted constitutes acceptance of the modified terms.

We encourage you to review these Terms of Use periodically to stay informed of any updates.

4. Use of the Website

4.1 Permitted Use

You may use the Website for lawful purposes only and in accordance with these Terms of Use. The Website provides educational and informational content about walking tracks, outdoor activities, and nature connection in New Zealand.

4.2 Prohibited Activities

You agree not to:

  • Use the Website in any way that violates applicable laws or regulations
  • Engage in unauthorized access, hacking, or attempts to breach security measures
  • Transmit viruses, malware, or other harmful code
  • Collect or harvest personal information from other users
  • Use automated systems (bots, scrapers) without written permission
  • Impersonate any person or entity or misrepresent your affiliation
  • Interfere with or disrupt the Website's operation or servers
  • Use the Website for commercial purposes without authorization
  • Copy, reproduce, or distribute Website content without permission
  • Remove or modify copyright notices or proprietary markings

5. Intellectual Property Rights

5.1 Ownership

The Website and its entire contents, features, and functionality (including but not limited to text, images, graphics, logos, design, and software) are owned by Tendonaeclearur or our licensors and are protected by copyright, trademark, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes. This license does not include any right to:

  • Modify or copy Website materials
  • Use materials for commercial purposes
  • Remove copyright or proprietary notices
  • Transfer materials to another person
  • Reverse engineer any Website software

6. User-Generated Content

6.1 Submissions

When you submit content through our contact form or other communication channels, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and process such content for the purposes of responding to your inquiry and improving our services.

6.2 Content Standards

Any content you submit must:

  • Be accurate and truthful
  • Comply with applicable laws
  • Not infringe third-party rights
  • Not contain offensive, defamatory, or inappropriate material
  • Not contain advertising or promotional content

7. Disclaimer of Warranties

IMPORTANT: All materials and practices presented on this Website are for educational and informational purposes only and are intended to support general well-being. They do not constitute medical diagnosis, treatment, or advice. Before applying any practice, especially if you have chronic conditions, consult a qualified healthcare professional.

The Website is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties regarding accuracy, reliability, or completeness of content
  • Warranties that the Website will be uninterrupted, secure, or error-free
  • Warranties regarding results obtained from using the Website

We do not warrant that:

  • The Website will meet your requirements
  • Information provided is current, accurate, or complete
  • Defects will be corrected
  • The Website or servers are free from viruses or harmful components

8. Limitation of Liability

To the fullest extent permitted by law, Tendonaeclearur and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or data
  • Personal injury or property damage
  • Business interruption
  • Loss of goodwill or reputation

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and whether or not we were advised of the possibility of such damages.

Some jurisdictions do not allow limitations on implied warranties or liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

9. Outdoor Activity Risks

Walking and outdoor activities involve inherent risks, including but not limited to:

  • Physical injury from falls, accidents, or overexertion
  • Exposure to weather conditions and natural hazards
  • Wildlife encounters
  • Getting lost or disoriented
  • Equipment failure

You acknowledge and accept these risks and agree that:

  • You are responsible for your own safety and well-being
  • You will assess your own fitness level and capabilities
  • You will take appropriate precautions and use proper equipment
  • You will check weather conditions and track status before departure
  • You will follow safety guidelines and local regulations
  • We are not responsible for any injuries, losses, or damages resulting from outdoor activities

10. Third-Party Links and Content

The Website may contain links to third-party websites or resources. We provide these links for convenience only and do not:

  • Endorse or approve third-party content
  • Control or monitor third-party websites
  • Accept responsibility for third-party content, products, or services
  • Warrant the accuracy or reliability of third-party information

Your use of third-party websites is at your own risk and subject to their terms and privacy policies.

11. Indemnification

You agree to indemnify, defend, and hold harmless Tendonaeclearur and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

  • Your use of the Website
  • Your violation of these Terms of Use
  • Your violation of any third-party rights
  • Your participation in outdoor activities
  • Any content you submit to the Website

12. Termination

We reserve the right to terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms of Use
  • Fraudulent, abusive, or illegal activity
  • Requests by law enforcement or government agencies

Upon termination, your right to use the Website will immediately cease. All provisions of these Terms of Use that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

13. Governing Law and Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law principles.

Any disputes arising from or relating to these Terms of Use or your use of the Website shall be subject to the exclusive jurisdiction of the courts of New Zealand, located in Wellington.

14. Dispute Resolution

If you have a dispute with us, you agree to first contact us at touch@tendonaeclearur.world to attempt to resolve the dispute informally. We will work in good faith to resolve any disputes.

15. Severability

If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms of Use, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Tendonaeclearur regarding your use of the Website and supersede all prior agreements and understandings.

17. Waiver

Our failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

18. Contact Information

If you have questions or concerns about these Terms of Use, please contact us:

Contact Person: James McKenzie

Email: touch@tendonaeclearur.world

Phone: +64 4 471 0726

Mail: Tendonaeclearur, 18-32 Manners Street, Wellington 6011, New Zealand