Please read these terms before accessing, installing or using the Service. They set out the agreement between you and us for your access to and use of the Service. By accessing or using the Service you agree to these Terms of Use. If you don’t agree to them, please don’t use the Service. Who we are: The Service is operated and provided to you by www.dailytelegraph.co.nz (“DTNZ”, “we”, “us, “our”). Privacy: We are committed to protecting your privacy. We will collect and use personal data supplied by you and other users of our Service in accordance with our privacy policy. Use of Services

• You can access, use and install the Service free of charge and without the need to register an account.
• By accessing, using or installing the Service, you will be able to access, use, view and interact with Content, on the terms and conditions set out in these Terms of Use.
• You confirm that, you will at all times comply with these Terms of Use and you will not use the Service for any unlawful purpose or in a way which infringes the rights of anyone else, including any intellectual property rights.

Permitted Personal Use

• You are permitted to use and view the Service for your personal use. While you are using the Service, we grant you a limited, non-exclusive, non-transferable, licence to use and access the Service, and to access, stream and view the Content. Except for the limited licence granted to you in these Terms of Use, no right, title or interest in the Service shall be transferred to you.

Permitted Commercial Use

• You are free to use content created by DTNZ but you must credit us for such Content and reproduce it in its entirety. It is a condition of this free use that you must provide a hyperlink back to the page on DTNZ on which the Content is published.
• For content created by third parties, such as news syndication services, including but not limited to RT News, Sputnik News and teleSUR or video streaming services such as YouTube, you must comply with their terms of use and DTNZ is not responsible for any loss or damage caused by your failure to comply with third party terms of use.
• You are responsible for all internet access, mobile data or other charges incurred when using the Service.

Your Content

You agree that you will not submit, post or transmit on or through the Service any material that:

• is defamatory, offensive, unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is otherwise objectionable;
• infringes the rights of anyone else (including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights) or is in breach of these Terms of Use, any of our guidelines or any policy posted on the Service, or interferes with the use of the Service by others;
• impersonates any person, business or entity, or falsely states or otherwise misrepresents your affiliation with any person, business or entity;
• contains an advertisement or solicitation or encourages others to make a donation; or
• encourages conduct that would constitute a criminal offence or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person.
• We reserve the right (but shall have no obligation) to decide whether your Content complies with the requirements set out in these Terms of Use and may remove, modify or delete such Content, terminate or suspend your access for uploading Content, on becoming aware of any violation of these Terms of Use, or for legal or other reasons. Notwithstanding such right of ours, users are solely responsible for the content of their material. You acknowledge and agree that neither we, nor any of our affiliates, assume or have any liability for any action or inaction by us with respect to any conduct within the Service or any communication or posting on the Service. We also reserves our right to disclose any information that we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
• When you upload or post any material to the Service, you grant to us a worldwide, non-exclusive, transferable licence (with the right to sub-licence) to use, reproduce, distribute, modify, prepare derivative works of, display, publish and perform and sub-license all aspects of that material that are necessary for the provision of the Service. You confirm and agree that we may publish, republish or otherwise transmit your material and your name and likeness throughout the world via DTNZ branded websites, apps and on community and social media sites, including (without limitation) Telegram and Twitter pages operated by us. You agree that your material may be subject to minor alterations or modifications for technical or formatting purposes.

Reporting Content

• If you see any Content on the Service you want to flag or report to us because you believe it breaches these Terms of Use, including suspected infringement of another person’s intellectual property rights, please email dailytelegraphnz@protonmail.com.
• You must not abuse this email dailytelegraphnz@protonmail.com e.g. by making malicious or false reports.

Ownership of Content

• With the exception of content submitted to the Service by you, Content on the Service is either owned by or licensed to us, and is subject to copyright, trade mark rights, and other intellectual property rights. You therefore have no intellectual property rights in, or to, any part of the Service, other than the right to use it in accordance with these Terms of Use. You may not remove, alter or in any way tamper with any copyright notices or other proprietary markings included in the Service or any Content.
• Other product and company names mentioned on our Service may be the trademarks or registered trademarks of their respective owners. Any copying, access, transfer, public performance or communication to the public or other use of any part of the Service (including any Content) other than as expressly authorised by these Terms of Use shall constitute an infringement of our (or the owner’s) intellectual property rights and a breach of these Terms of Use. In the event of any such infringement, we, or one of our affiliated companies, may terminate the agreement with immediate effect, and block your access to the Service and pursue any rights or remedies available to us.

Ending your right to use the Service

• We will endeavour to allow uninterrupted access to our Service, but we can end our agreement with you (and consequently end your right to use the Service) at any time. We may also decide to discontinue all or any part of the Service at any time. In addition, we may immediately end or suspend your right to use all or any part of the Service if you have seriously breached these Terms of Use or if you are using any part of the Service fraudulently, illegally or in any manner other than for its intended purpose.
• If we end your rights to use the Service you must stop all activities authorised by these Terms of Use, including your use of the Service. All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.

Cancellation

• You can stop using the Service at any time.

Device restrictions, supported devices and updates

• Availability and functionality of the Service and Content depends on the quality of your internet connection and device capabilities. Some features of the Service may not be available on all devices or on all operating systems.

Advertising and third party websites

• The Service and Content may contain third party advertisements. Each advertiser is responsible for the content, accuracy and completeness of such advertisements and we are not liable to you for any reliance placed by you on any such advertising.
• The Service may include hyperlinks to other websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the availability, content, privacy policies, or practices of any third party websites. You acknowledge and agree that:
• we will not be liable for any loss or damage which may be incurred by you as a result of the availability of those external third party sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources; and
• you agree that you will not involve us in any dispute between you and the third party.
• We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

Changes to the Service and Content

• The Content on the Service will change regularly – that means events, articles and programmes may become available whilst other events, articles and programmes will stop being available. The availability of Content may change for various reasons, such as where third party rights-holders withdraw or restrict our right to use that content on the Service, for legal or regulatory reasons or for other reasons beyond our reasonable control. We therefore have the right to add, change or withdraw Content at any time, with or without notice.
• We may make changes to, suspend or discontinue the Service (or any part of the Service) at any time without giving you any notice. Such changes may be made (for example): when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the Service. We may also improve, update or enhance the Service from time to time.

Changes to these Terms of Use

• We have the right to change these Terms of Use at any time for the following reasons:
• to improve the Terms of Use, to make them clearer or easier to understand or to have all our customers on the same Terms of Use;
• to comply with legal or regulatory requirements, such as mandatory laws that apply to us and our agreement with you, or where we are subject to a court order or judgment;
• where we make changes to the Service in order to improve it, including where we expand the scope of the Service by adding additional features, functionality or Content;
• we intend to change the way we structure our Service or we reorganise the way we structure or run our business, including to add paid subscriptions, memberships or similar changes; or
• for security reasons, including where we introduce additional security checks or software to protect our Content or the Service.
• In addition, we are constantly striving to improve our Service and we cannot foresee what may change in the future. This means we may make changes or additions to these Terms of Use for reasons other than those set out above.
• We will try to provide reasonable advance notice of any material changes to these Terms of Use which may disadvantage you. Please check back from time to time to see if any changes have been made to these Terms of Use. If you do not agree to the modified Terms of Use you must stop using the Service. Your continued use of the Service will be deemed to constitute your acceptance to any such changes.
• The most up to date version of the Terms of Use will always be available on our website from their effective date.

Miscellaneous

Transfer of rights: The agreement between us and you is personal to you and no third party is entitled to benefit under it. We can transfer our rights and obligations under these Terms of Use to any company, firm or person. You may not transfer your rights or obligations under these Terms of Use to anyone else. Severance: If any paragraph or section of these Terms of Use is held to be unlawful, invalid or unenforceable by a court or legal authority, that paragraph or section shall be treated as removed. The validity and enforceability of the remaining parts of these Terms of Use shall continue and will not be affected. Waiver: To the extent we fail to or decide not to exercise any right of claim against you to which we are entitled, this will not constitute a waiver of that right unless otherwise indicated to you in writing. Governing law and jurisdiction: These Terms of Use shall be governed by and construed in accordance with the laws of New Zealand.