Terms of Service and Privacy Policy

Boring but true…

Terms of service

Indie Travel Podcast (the Website) is a service of Koru Group Ltd, PO Box 5531, Auckland, New Zealand.

Adding content to Indie Travel Podcast
If you choose to add content to the website through any means, you agree to be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).

Prohibited items
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Koru Group Ltd or otherwise.
By submitting Content to Automattic for inclusion on your Website, you grant Koru Group Ltd a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Content. If you delete Content, Koru Group Ltd will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Koru Group Ltd has the right (though not the obligation) to, in Koru Group Ltd’s sole discretion (i) refuse or remove any content that, in Koru Group Ltd’s reasonable opinion, violates any Koru Group Ltd’s policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Koru Group Ltd’s sole discretion. Koru Group Ltd will have no obligation to provide a refund of any amounts previously paid.

No warranties
This website is provided “as is” without any representations or warranties, express or implied. Koru Group Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Koru Group Ltd does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Limitations of liability
Koru Group Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Travel carries inherent risk. We take no responsibility for your actions.

These limitations of liability apply even if Koru Group Ltd has been expressly advised of the potential loss.

Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Koru Group Ltd liability in respect of any:

  • death or personal injury caused by Koru Group Ltd negligence;
  • fraud or fraudulent misrepresentation on the part of Koru Group Ltd; or
  • matter which it would be illegal or unlawful for Koru Group Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties
You accept that, as a limited liability entity, Koru Group Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Koru Group Ltd officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Koru Group Ltd officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Koru Group Ltd.

Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

This website disclaimer
This website disclaimer is based on a precedent created by template-contracts.co.uk and published by freenetlaw.com; and also the WordPress terms of service which is published under a creative commons sharealike license.

Privacy policy

This privacy policy applies between you, the User of this Website and Koru Group Limited trading as Indie Travel Podcast, the owner and provider of this Website. Koru Group Limited trading as Indie Travel Podcast takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website. Please read this privacy policy carefully.

Definitions and interpretation

1.In this privacy policy, the following definitions are used:
Data
collectively all information that you submit to Koru Group Limited trading as Indie Travel Podcast via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Act 1998;

Cookies
a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
Koru Group Limited trading as Indie Travel Podcast, or us
Koru Group Limited trading as Indie Travel Podcast, a company incorporated in England and Wales with registered number PO Box 5531 whose registered office is at Wellesley Street, Auckland, 1141;

UK and EU Cookie Law
the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;

User or you
any third party that accesses the Website and is not either (i) employed by Koru Group Limited trading as Indie Travel Podcast and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Koru Group Limited trading as Indie Travel Podcast and accessing the Website in connection with the provision of such services; and

Website
the website that you are currently using, https://indietravelpodcast. com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2.In this privacy policy, unless the context requires a different interpretation:
a.the singular includes the plural and vice versa;
b.references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
c.a reference to a person includes firms, companies, government entities, trusts and partnerships;
d.”including” is understood to mean “including without limitation”;
e.reference to any statutory provision includes any modification or amendment of it;
f.the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy
3.This privacy policy applies only to the actions of Koru Group Limited trading as Indie Travel Podcast and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

Data collected
4.We may collect the following Data, which includes personal Data, from you:
a. Name
b. Date of Birth;
c. Gender;
d. Job Title;
e. Profession;
f. Contact Information such as email addresses and telephone numbers;
g. Demographic information such as post code, preferences and interests;
h. Financial information such as credit / debit card numbers;
i. IP address (automatically collected);
j. Web browser type and version (automatically collected);
k. Operating system (automatically collected);
l. A list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected);
m. in each case, in accordance with this privacy policy.

Note: We use Google Analytics on this site.

Our use of Data
5.For purposes of the Data Protection Act 1998, Koru Group Limited trading as Indie Travel Podcast is the “data controller”.

6.We will retain any Data you submit for 26 months.

7.Unless we are obliged or permitted by law to do so, and subject to any third party disclosures specifically set out in this policy, your Data will not be disclosed to third parties. This does not include our affiliates and / or other companies within our group.

8.All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security see the clause below (Security).

9.Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
a.internal record keeping;
b.improvement of our products / services;
c.transmission by email of promotional materials that may be of interest to you;
d.contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website;
in each case, in accordance with this privacy policy.

Third party websites and services
10.Koru Group Limited trading as Indie Travel Podcast may, from time to time, employ the services of other parties for dealing with certain processes necessary for the operation of the Website. The providers of such services have access to certain personal Data provided by Users of this Website.

11.Any Data used by such parties is used only to the extent required by them to perform the services that we request. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties will be processed within the terms of this privacy policy and in accordance with the Data Protection Act 1998.

Links to other websites
12.This Website provides links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control
13.Koru Group Limited trading as Indie Travel Podcast may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Koru Group Limited trading as Indie Travel Podcast. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

14.We may also disclose Data to a prospective purchaser of our business or any part of it.

15.In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Controlling use of your Data
16.Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:
a. Use of Data for direct marketing purposes; and
b. sharing Data with third parties.

Functionality of the Website
17.To use all features and functions available on the Website, you may be required to submit certain Data.

18.You may restrict your internet browser’s use of Cookies. For more information see the clause below (Cookies).

Accessing your own Data
19.You have the right to ask for a copy of any of your personal Data held by Koru Group Limited trading as Indie Travel Podcast (where such Data is held) on payment of a small fee, which will not exceed $10.

Security
20.Data security is of great importance to Koru Group Limited trading as Indie Travel Podcast and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website.

21.If password access is required for certain parts of the Website, you are responsible for keeping this password confidential.

22.We endeavour to do our best to protect your personal Data. However, transmission of information over the internet is not entirely secure and is done at your own risk. We cannot ensure the security of your Data transmitted to the Website.

Cookies
23.This Website may place and access certain Cookies on your computer. Koru Group Limited trading as Indie Travel Podcast uses Cookies to improve your experience of using the Website. Koru Group Limited trading as Indie Travel Podcast has taken steps to ensure that your privacy is protected and respected at all times.

24. This Website may place the following Cookies:
a. Strictly necessary cookies
These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
b. Analytical/performance cookies
They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
c. Functionality cookies
These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
d. Targeting cookies
These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

25.You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.

26.You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

27.It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

Transfers outside the European Economic Area
28.Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA. We also share information with our group companies, some of which are located outside the EEA. These countries may not have data protection laws equivalent to those in force in the EEA.

29.If we transfer Data outside the EEA in this way, we will take steps with the aim of ensuring that your privacy rights continue to be protected as outlined in this privacy policy. You expressly agree to such transfers of Data.
General

30.You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

31.If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

32.Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

33.This Agreement will be governed by and interpreted according to the law of New Zealand. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the New Zealand courts.

Changes to this privacy policy
34.Koru Group Limited trading as Indie Travel Podcast reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations. You may contact Koru Group Limited trading as Indie Travel Podcast by email at mail@indietravelpodcast.com.

Updated 24 May 2018

Attribution
35.This privacy policy was created using a document from Rocket Lawyer.

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