These terms of use apply to everyone using the Rankers.co.nz website. They cover what you can and can’t do on the website and with any content from the website. They also contain our privacy policy, which sets out important stuff about how we can and can’t use information obtained from you. There is a bunch of other standard legal stuff too.
Welcome to the website of Rankers.co.nz Limited (“Rankers”). These terms of use and privacy policy (“Terms of Use”) apply to your use of Rankers’ website at www.rankers.co.nz (or such other URL as the website may subsequently be hosted at) (the “Website”), the software, documentation and any associated materials comprising or made available to you via the Website (the “Materials”), as well as any services offered or provided to you by Rankers or its nominated third parties via the Website, including without limitation the ‘Rankers Bids’ service (the “Services”). By making use of any of the Website, Materials and Services, you are deemed to have read and agree to be bound by these Terms of Use.
Rankers reserves the right to amend these Terms of Use from time to time upon placing any such amendments on the Website or by providing you with direct notice of any such changes. Your continued use of any of the Website, Materials and/or Services thereafter will be deemed to be acceptance by you of such changes to these Terms of Use.
Unless otherwise stated in these Terms of Use, Rankers is the owner or licensee of all copyright, trademarks and other intellectual property rights relating to or included within the Website, Materials and Services. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and software relating to or included within any of the Website, Materials and/or Services.
Unless agreed otherwise with Rankers, Rankers grants you a limited licence (“Licence”) solely for the purpose of accessing, downloading and making use of the Website, Materials and Services for your own personal and non-commercial use. Any contravention by you of these Terms of Use or any other terms posted on the Website or notified to you by Rankers terminates the Licence automatically and with immediate effect.
You shall not:
(a) Adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of this website other than strictly in accordance with the Licence;
(b) Use any data gathering and extraction tools or software to extract information from the Website;
(c) Frame or utilise framing techniques to enclose any of the contents of the Website;
(d) Use any meta tags or other hidden text which incorporate Rankers’ name or any of its intellectual property including trade marks;
(e) Breach any provision of the Widget Policy;
(f) Utilise any automated software or ‘bots’ in relation to your access or use of the Website, Materials or Services; and
(g) Use any information or content included in or related to the Website, Materials or Services other than in accordance with the terms of the Licence, unless you have the express prior written permission of Rankers.
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.
Rankers regards the integrity and independence of the information and reviews posted on the Website to be of the utmost importance. Rankers reserves the right to take such 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) 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 are granted permission by Rankers to use the Website or Materials other than as provided for by the Licence, subject to any contrary agreement you reach with Rankers, you must ensure that all copyright, trade mark and other proprietary notices contained in the Website or Materials or otherwise advised by Rankers are retained.
You agree to fully indemnify Rankers and keep Rankers indemnified for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, as a result of your breach of these Terms of Use, including in respect of any third party claims against Rankers and/or its related parties, employees, contractors or agents.
While Rankers has endeavoured to take all reasonable and appropriate care in the preparation of the Website, Materials and Services and has no reason to believe that any information contained in any of the Website, Materials or Services is inaccurate, Rankers does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. Rankers does not undertake to keep any of the Website, Materials and/or Services updated. To the greatest extent permitted at law Rankers will not be liable for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the Website, Materials or Services including without limitation where such loss or damage is a result of or contributed to by the negligence of Rankers.
To acquire or make full use of any of the Website, Materials and/or Services you will need to register for a member account (“Member Account”), as provided for on the join ranker page.
The Website, Materials and/or Services may contain links to other websites (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. Rankers is not responsible for the content or privacy practices associated with Linked Websites. Rankers’ links with Linked Websites should not be regarded as approval or as an endorsement of those Linked Websites, their operators or owners, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary on this Website.
If you provide a link to the Website you agree that you will not use any Rankers logo, trade mark or other proprietary graphic as part of such link without the express prior written approval of Rankers.
Whenever you access or make use of any of the Website, Materials or Services, Rankers may as applicable collect the following types of information from you:
(a) The IP address of your machine when connected to the internet and the domain name from which you are accessing the internet;
(b) The operating system and the browser your computer uses and any search engine you are using;
(c) The date and time you are visiting;
(d) The URLs of the Website pages you visit; and
(e) Information relating to the actions you undertake within the Website, as well as any other information you may explicitly provide Rankers in the course of accessing or making use of any of the Website, Materials or Services.
Where possible, information will be obtained directly from you. However, you acknowledge that by accessing or making use of any of the Website, Materials or Services that information may also be collected from you as a result of the workings of the Website, Materials or Services as applicable and the attached systems and software.
Rankers uses the information provided by you or generated by your accessing or making use of any of the Website, Materials or Services to provide the services Rankers provides to you in relation to any of the Website, Materials or Services. Rankers also uses information collected from you to assess the performance of the Website, Materials and Services and to ensure that the Website, Materials and Services serve your needs in the most efficient manner possible.
Rankers may also place cookies on your computer. Cookies are alpha numeric identifiers which are transferred to your computer’s hard drive through your web browser to enable Rankers to recognise you whenever you access the Website and therefore better personalise your access of and use of the Website, Materials and Services. A cookie does not identify you personally but it does identify your computer. The help portion of your browser’s toolbar should tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You should note however that if you do not allow the use of cookies or do not wish to provide certain information to Rankers, you may not be able to take full advantage of the Website, Materials and Services.
Although Rankers may use and publish non-personal aggregate statistics and group data about those people who access or make use of any of the Website, Materials or Services and their usage of any of the Website, Materials or Services, subject to the further terms of these Terms of Use, Rankers will not share or make public personal information identifiably about you without your prior permission.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst Rankers strives to protect such information, we do not warrant and cannot ensure complete security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
If you are an ‘Individual’ as that term is defined in the Privacy Act 1993 you are entitled to access any information which Rankers may hold about you and Rankers is obliged to provide this information to you as long as it has such information and such information can be readily retrieved. You are also entitled to request that Rankers correct any inaccuracies in any information which Rankers holds about you. Rankers is entitled to charge you for the reasonable costs of retrieving, providing this information and as applicable correcting this information.
Notwithstanding any other provisions of these Terms of Use, to the greatest extent permitted at law, you agree that Rankers may provide any personal information it collects about you to its related companies (as defined in section 2(3) of the Companies Act 1993), debt collection and credit reference agencies and any other parties it deems necessary in relation to providing you the Website, Materials and Services and exercising any lawful right Rankers, its related companies or debt collection and credit reference agencies may have.
You also agree that to the greatest extent permitted at law Rankers is entitled to disclose information it holds about you without your prior permission if Rankers reasonably believes that such disclosure is necessary to:
(a) Meet legal requirements;
(b) Comply with legal process or help to maintain the law;
(c) Protect Rankers’ rights or property or that of Rankers’ related companies; or
(d) Enforce these Terms of Use or any other agreement that Rankers may have with you.
To the greatest extent permitted at law, Rankers may combine any information which it collects from you or otherwise obtains, with information collected or otherwise obtained by its related companies.
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.
You must take your own precautions to ensure that the process which you employ for accessing or making use of any of the Website, Materials and/or Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. To the greatest extent permitted by law Rankers does not accept responsibility for any interference or damage to your computer system which may arise in connection with your accessing or making use of the Website, Materials and/or Services.
To the greatest extent permitted by law, in relation to your access and use of the Website, Materials and Services, any condition or warranty either express or which would otherwise be implied by law into these Terms of Use is hereby excluded.
To the greatest extent permitted by law, under no circumstances will Rankers or 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 brought against you which relate in any way to your access and use of the Website, Materials and/or Services or in respect of any failure or omission on the part of Rankers to comply with its obligations as set out in these Terms of Use.
To the greatest extent permitted by law, in the event that any limitation or provision contained in these Terms of Use 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 Website is governed by and is to be interpreted in accordance with the laws of New Zealand and, subject to clause 31, in all matters relating to or arising from your use of this Website, you agree to submit to the exclusive jurisdiction of the Courts of New Zealand. If you are accessing or making use of any of the Website, Materials and Services from outside of New Zealand then you agree that you are entirely responsible for ensuring that your access and use of any of the Website, Materials and Services will not contravene any laws in your country.
In the event that you have a dispute in respect of the Website, Materials and/or Services or relating to or arising from your use of the Website, Materials and/or Services 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 you 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 accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond its reasonable control.
If Rankers waives any rights available to it under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any provision of these Terms of Use is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Use, but only to the minimum extent necessary to avoid such issue, and the remainder of any such provision as well as all other provisions of these Terms of Use shall continue in full force.
This Agreement constitutes the entire agreement between you and Rankers in respect of its subject matter and supersedes any previous understandings, representations or agreements on that subject matter.
If you have any queries in regard to these Terms of Use please don’t hesitate to contact us. And we really mean that!