1. ACCEPTANCE OF TERMS AND CONDITIONS

1.1 Welcome to the Txt2taste website. This website is owned and operated by TXT2Media Ltd, a New Zealand company using the name Txt2taste.

1.2 In order to take part in the benefits offered through the website, you will first need to agree to certain terms and conditions, which are set out below. PLEASE READ THESE TERMS AND CONDITIONS. BY SUBMITTING YOUR APPLICATION FORM FOR REGISTRATION, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

1.3 These terms and conditions may be varied from time to time by Txt2Media Ltd. You will be advised of any material change in the terms and conditions by email. If you do not cancel your registration on the website within 14 days of receiving the email advising of the changes, you will be bound by the changes.

2. WHO MAY REGISTER

2.1 You may only register on this website if:

(a) you are 18 years or older, or if you have the consent of your legal guardian to do so; and
(b) you live in New Zealand.

2.2 You may only register on the website once, and when you do so, you must register for your own benefit, and not on behalf of anyone else. Furthermore, the email address and/or mobile telephone number (together with any other contact details) which you provide must belong to you alone.

2.3 Unless otherwise stated, you accept that all offers are limited to one per person. Txt2Media Ltd also reserves the right to limit offers to one per household.

3. YOU AGREE TO RECEIVE ADVERTISING MATERIAL

3.1 When you register on the website, you agree that Txt2Media Ltd will have the right to send you commercial advertising material of different advertisers by email or postal mail to the contact details which you provide. You have the right at any time to cease to receive advertising material by email, by selecting the "opt out" facility on each email communication, or by logging in to the website.

3.2 When Txt2Media Ltd sends you commercial advertising material, it acts merely as a distributor for the advertiser. Txt2Media Ltd itself makes no recommendations or representations about products advertised, and nor does it endorse or guarantee those products, and Txt2Media Ltd may not be held liable for any inaccuracy in the advertising material or any defect in the product or service advertised. Furthermore, Txt2Media bears no responsibility of any sort if an advertiser fails to honour any promise made in advertising material distributed by Txt2Media Ltd.

3.3 If advertising material distributed by Txt2Media Ltd contains an embedded hyperlink to a website operated by other people, Txt2Media Ltd gives no guarantee as to the accuracy or suitability of the content of such website, and it bears no responsibility of any sort for the content of that website.

4. USE OF YOUR ADDRESS FOR FREE SAMPLES

4.1 If you register on the website in response to an offer of a free sample of a product, Txt2Media Ltd will be entitled to use your postal address to post the free sample to you.

4.2 The website may contain an option whereby you can choose to receive information and offers from other advertisers. If you choose that option, Txt2Media Ltd will be entitled to give the information that we hold on you to the advertisers in question.

4.3 When Txt2Media Ltd gives the information that we hold on you to an advertiser under the above clauses, it will do so on the understanding that the advertiser is to use that information for the use indicated in the advertisers own privacy statement. Txt2Media Ltd will not be responsible to you or bear any liability to you for any failure by an advertiser to use information in this manner.

4.4 Please be aware that once information that we hold on you has been given to an advertiser under the above clauses, the fact that you terminate your registration on the website will not automatically mean that you will cease to receive products from the advertisers who have your postal address. In order to have those advertisers cease sending you products you will need to contact them directly.

5. COMMUNICATIONS DIRECTLY FROM ADVERTISERS

5.1 As part of a particular promotion you may be given the option to receive information directly from a particular advertiser. If you select that option you accept that:

(a) Txt2Media Ltd will be entitled to provide your details to the advertiser in question for that purpose;
(b) Txt2Media Ltd will have no control over the communications sent to you thereafter by the advertiser in question;
(c) even if you choose to use the "opt out" function on the Txt2Media Ltd web site and to cancel your registration, that will not have the effect of ceasing communications to you by the advertiser in question, and in order to stop those communications you will need to contact the advertiser in question directly.

6. USE OF INFORMATION PROVIDED BY YOU

6.1 When registering on the website, you will provide us with certain information about yourself. We undertake to keep this information confidential and to use it only as authorised by you.

6.2 You agree that we may include information provided by you in a general way in collective demographic and profile information to be provided to advertisers or market researchers. For example, we may advise an advertiser that a certain percentage of people registered on the website fall within a certain age bracket. However (subject to the next paragraph), we will not divulge your particular details.

6.3 As part of a particular promotion you may be given the option to receive either a particular offer or ongoing communications directly from a particular advertiser. If you select either option then please be aware that Txt2Media Ltd may be under an obligation to provide that advertiser with your email address as well as other information provided by you, and you hereby authorise and request Txt2Media Ltd to do so. Where you have opted to receive only a particular offer and not ongoing communications from an advertiser, the advertiser will be instructed that your details are only to be used to fulfill the particular offer and may not be used in respect of other matters. However, (in either case) once information has been provided to the advertiser by Txt2Media Ltd, Txt2Media Ltd will cease to have control over the use of that information by the advertiser and cannot be held liable for any misuse of that information by the advertiser.

7. NOTICE BOARDS AND CHAT ROOMS

7.1 If the website provides for or contains any electronic bulletin boards or chat rooms or any feedback, messaging or other communication facilities (collectively referred to as "communication facilities") for people who have registered on the website then you agree that you will not post or transmit any of material which:

(a) is illegal, abusive, defamatory, libellous, obscene, vulgar, pornographic, profane, insulting, sexist, racist or which in Txt2Media Ltd's reasonable opinion is not acceptable for any other reason;
(b) encourages illegal behaviour or is likely to incite hatred;
(c) amounts to an invasion of the privacy of any person;
(d) breaches any copyright, trade mark rights or other intellectual property rights of any person;
(e) contains a computer virus or other harmful component;
(f) contains an advertisement, whether of goods or services, including the advertisement of personal second hand goods for sale.

7.2 Txt2Media Ltd shall have the right to refuse to post on, and to delete from, its communication facilities any material which, in Txt2Media Ltd 's sole opinion, falls within any of the above categories.

7.3 If you post any material on any of Txt2Media Ltd's communication facilities which falls into any of the above categories:

(a) you must indemnify Txt2Media Ltd against any claim which is made against it as a result (whether by another person or a government authority) and all its costs incurred in dealing with the claim;
(b) Txt2Media will be entitled to terminate your registration on this website at any time thereafter, and you will not have any claim against Txt2Media Ltd for doing so.

7.4 Although Txt2Media Ltd has the right to monitor material on its communication facilities, and to delete or refuse to post material, it is not obliged to do so, and it will not be liable to you, whether in contract, tort or otherwise, if any material appears on its communication facilities which breaches any of your rights or is offensive to you for any reason.

7.5 You acknowledge that material posted in Txt2Media Ltd's communication facilities is in the public domain and there is no obligation on Txt2Media Ltd to keep that material confidential or private.

7.6 Txt2Media Ltd shall be entitled to divulge your details to any law enforcement agency, whether in New Zealand or elsewhere, which is investigating material posted on any of Txt2Media Ltd's communication facilities.

8. OPTING OUT AND TERMINATION OF YOUR REGISTRATION

8.1 If at any time you wish to cancel your registration on this website, simply select the "opt out" link that appears on all emails from Txt2Media Ltd. Alternatively click on the "modify my details" link and opt-out from this web page. Thereafter, you will cease to be registered and will cease to receive emails from Txt2Media Ltd (other than those which have been sent already but which have not been downloaded by you at the time of opting out).

8.2 If you breach any of these terms and conditions, or if Txt2Media Ltd in its sole and absolute discretion deems it advisable to do so for any reason, Txt2Media Ltd may terminate your registration on this website, without notice or prior warning, and you will not have any claim against Txt2Media Ltd as a result of the termination.

8.3 After you cease to be registered, Txt2Media Ltd will still be entitled to retain in its records the information you have provided. These terms and conditions will continue to apply to that information.

9. COMPETITIONS

9.1 Txt2Media Ltd may from time to time run competitions on the website. If it does, and if you enter the competition, the relevant sections of these terms and conditions will apply, modified as necessary, to information provided by you on entering the competition.

9.2 If any advertising material distributed by Txt2Media Ltd includes an invitation to enter a competition, Txt2Media Ltd makes no representations as the legality of the competition, or the enforceability of your rights under the competition, and Txt2Media Ltd will not be liable to you for any loss or expense you may incur as a result of entering the competition, or as a result of the person running the competition failing to do so properly.

10. LIMITATION OF LIABILITY

10.1 You will not have any claim against Txt2Media Ltd, whether in contract, tort or otherwise, for any loss, damage, cost or expense of any nature which you may suffer as a result of any of the following causes, even where due to negligence in any degree on the part of Txt2Media Ltd:

(a) the loss, theft or unauthorised access, disclosure or use of information provided by you;
(b) the improper use of information provided by you;
(c) any failure to protect information provided by you;
(d) any failure of the software and technical systems used in connection with the website;
(e) the dissemination of a computer virus or other harmful component by Txt2Media Ltd.

10.2 Where any limitation of liability or indemnity is given in favour of Txt2Media Ltd in these terms and conditions, the benefits of the that limitation or indemnity apply not only to Txt2Media Ltd but also to its employees, directors, agents and contractors.

11. GOVERNING LAW

11.1 These terms and conditions are governed by the law of New Zealand.