This agreement applies to all website users using a Rankers membership account. Basically it provides information about the terms which apply to your use of the Rankers website, including your membership account. There is a bunch of other standard legal stuff too.
You and Rankers.co.nz Limited (“Rankers”) agree to the following terms and conditions (“Agreement”).
You warrant that all information and personal details you provide to Rankers are correct. You may not transfer your registration or any rights you may have in your Rankers member account (“Member Account”) to any other person or entity.
You must keep all password and login information associated with your Member Account confidential and not disclose such information to any third party without first obtaining Rankers’ written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your password and login. You must notify Rankers immediately if you know or suspect that your Member Account has been accessed by a third party or your login or password details have been, or may have been, obtained by a third party.
(a) All Posts must represent your genuine opinion of the matter in question;
(b) Personal abuse, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature, as may be determined by Rankers in its sole discretion, or Posts otherwise in contravention of any law or court order are not permitted;
(c) Posts advertising or promoting any person or entity or their goods or services without the prior written approval of Rankers are not permitted;
(d) You grant Rankers a perpetual, non-revocable royalty-free licence to:
(i) make use of any Posts as Rankers deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same; and:
(ii) sub-license third parties, on such terms as Rankers deems appropriate, to make use of any Posts as Rankers deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same; and:
(e) Rankers reserves the right without notice, explanation or liability to:
(i) restrict or remove your ability to make Posts;
(ii) disallow the posting of any specific Posts;
(iii) edit any specific Posts; and
(iv) completely remove any Posts from the Website or anywhere else related to the Materials and Services where such posts appear or are stored.
Rankers regards the integrity and independence of the information and reviews posted on the Website to be of the utmost importance and notwithstanding the provisions of the Posting Policy, Rankers reserves the right to take such other action as it acting at its sole discretion, deems necessary at any time to ensure such integrity and independence is maintained. Such action may include without limitation:
(a) Removing such reviews or other comments made anywhere on the Website as Rankers acting at its sole discretion deems appropriate;
(b) Removing such reviews or other comments made anywhere on the Website as Rankers acting at its sole discretion deems appropriate and imposing a twenty-five percent (25%) reduction in the ranking score percentage shown on a particular experience’s page for a period of six (6) months;
(c) Removing such reviews or other comments made anywhere on the Website as Rankers acting at its sole discretion deems appropriate, imposing a twenty-five percent (25%) reduction in the ranking score percentage shown on a particular experience’s page for a period of six (6) months and only allowing manual reviews collected by Rankers to be included on such page in the future; and
(d) Indicating on a particular experience’s page or anywhere else on the Website, any concerns Rankers may hold as to any actions it believes may have occurred which could be seen to impact on the integrity and independence of the information and reviews posted on the Website.
You acknowledge and agree that in determining the ranking score percentages that appear on the Website that, subject at all times to the provisions of clause 7, Rankers applies as its sees appropriate the following considerations in determining a ranking score percentage:
(a) A ranking score percentage may include adjustments for credibility and relevancy;
(b) The average (mean) of all the customer reviews is the primary factor for determining a ranking score percentage;
(c) Fresh reviews are more relevant and as such carry a greater weight in determining a final ranking score percentage; and
(d) (d) A reasonable number of rankings is necessary in order for a ranking score percentage to be credible. A ranking score percentage will be moderated where there are only a few reviews, provided further that you also acknowledge and agree that a ranking score percentage is used to sort experiences in ranking tables and is not necessarily a direct measurement of the quality of a particular experience as rated by its customers; and experiences with a decent number of recent and high-rating reviews will tend to sit higher in the ranking tables.
In the event that you choose to make use of either of the ‘Ratings Widget’ or ‘Badge’ currently offered by Rankers from the Website (each a “Widget”) you acknowledge that you agree to the following terms and conditions (“Widget Policy”):
(a) You will not in any way modify or alter:
(i) the computer code provided to you by Rankers which comprises a Widget;
(ii) the visual display of a Widget beyond the customisation controls provided by Rankers; or
(iii) the content of a Widget beyond the customisation controls provided by Rankers;
(b) Without in any way limiting any other term of this Agreement, and for the avoidance of doubt, Rankers does not take any responsibility for:
(i) any issues which may arise as a result of the interaction between a Widget and your website; or
(ii) any issues which may arise for any users of your website as a result of a Widget being included on your website;
(c) Should an issue arise in respect of a Widget, you will contact Rankers immediately to resolve such issue;
(d) Without in any way limiting any other term of this Agreement, and for the avoidance of doubt, you acknowledge that:
(i) you accept that your use of a Widget is entirely at your own risk, and to the greatest extent permitted by law, under no circumstances will Rankers be liable to you for any loss, damage, costs or other expenses of any nature arising out of any dispute or claim or proceedings made by or bought against you which relate in any way to your use of a Widget; and
(ii) Rankers owns the Widgets, all material or content reproduced therein and all associated intellectual property rights, and Rankers hereby grants you a limited licence to make use of the Widgets solely in accordance with this Widget Policy and the wider terms of this Agreement; and
(e) Rankers at all times reserves the right at its sole discretion, and without prior notice to you, to suspend or terminate your use of a Widget.
In the event that any information or data relating to you or your use of any of the Website, Materials and Services held by Rankers or any third party on behalf of Rankers is lost, corrupted or otherwise no longer reasonably available or accessible as judged by Rankers in its sole discretion, you agree that Rankers will have no liability to you of any nature relating to any such information or data.
To the greatest extent permitted by law, under no circumstances will Rankers, its employees, contractors or agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or bought against you which relate in any way to the Website, Materials and/or Services including without limitation in respect of any Posts or in respect of any failure or omission on the part of Rankers to comply with its obligations as set out in this Agreement.
To the greatest extent permitted by law, in the event that any limitation or provision contained in this Agreement is held to be invalid or unenforceable for any reason and Rankers becomes liable for any loss or damage that would otherwise have been excluded, Rankers’ maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the Website, Materials and/or Services is to be limited to $50 in New Zealand currency.
This Agreement is governed by and is to be interpreted in accordance with the laws of New Zealand and subject to clause 14, in all matters relating to or arising from this Agreement, you agree to submit to the exclusive jurisdiction of the Courts of New Zealand.
In the event that you have a dispute in respect of this Agreement you must immediately notify Rankers in writing giving details of the dispute. If Rankers and yourself cannot resolve the dispute within fourteen (14) days of receipt by Rankers of such notice then to the greatest extent permitted at law the following procedure will apply. The dispute will firstly be submitted to mediation by a mediator agreed to by both yourself and Rankers or, failing agreement, appointed by the Arbitrators and Mediators Institute of New Zealand at the request of either party. If the matter is not resolved by mediation within fourteen (14) days from there, (unless you are a consumer as defined in the Consumer Guarantees Act 1993), the matter will be submitted for arbitration in accordance with the Arbitration Act 1996 by a single arbitrator agreed to by both you and Rankers or, failing agreement appointed by the Arbitrators and Mediators Institute of New Zealand at the request of either party. Unless agreed otherwise by Rankers, all such mediation and arbitration proceedings shall take place at such location in New Zealand or by such means (including without limitation teleconference or videoconference) as shall be chosen by Rankers acting entirely at its own discretion. All costs in relation to the staging of such proceedings (excluding for the avoidance of doubt any awards which may be made) shall be borne equally by the parties unless explicitly stipulated otherwise by the arbitrator or agreed otherwise by the parties.
Rankers shall not be liable for any failure to comply with this Agreement where such failure is due to circumstances beyond its reasonable control.
If Rankers waives any rights available to it under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any provision of this Agreement is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from this Agreement and the remaining provisions shall continue in full force.
This Agreement shall not be deemed to constitute a partnership or joint venture between you and Rankers.
You agree to assist and cooperate with Rankers to do all such acts and execute any such further documents and instruments as Rankers may from time to time require to vest in or further assure to Rankers the rights granted to Rankers in this Agreement and for the protection and enforcement of the same.
This Agreement may not be varied except by agreement in writing signed by you and Rankers.
You may not assign, transfer, sublicense or in any other manner make over to any third party the rights or obligations provided by this Agreement without Rankers’ prior written consent.
This Agreement constitutes the entire agreement between you and Rankers in respect of its subject matter and supersedes any previous understandings or agreements on that subject matter.
You should print out and retain a copy of this Agreement for your future reference.