Terms and Conditions | Privacy Policy | Disclaimer | Earnings

Terms and Conditions

1. Introduction
   This Agreement is a legal document which sets out your rights and obligations, and those of Trans Pacific Marketing (NZ) Limited. ("Trans Pacific Marketing (NZ) Limited", "we" or "us"), in relation to this site and the services offered by Trans Pacific Marketing (NZ) Limited through it ("Trans Pacific Marketing ", "the Service"). By registering for the Trans Pacific Marketing Service, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. You should be aware that this Agreement may change from time to time in accordance with further clauses below.
   
   
2. Children
   Trans Pacific Marketing (NZ) Limited does not knowingly collect or solicit Personally Identifiable Information from or about children under 13, except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe Trans Pacific Marketing (NZ) Limited has any information from or about anyone under 13, please contact us at the address listed below.
   
   
3. Registration
   You undertake to register for the Trans Pacific Marketing (NZ) Limited Service using accurate and current information about yourself - including your correct name, email address and any other requested details. You also undertake only to add information about a list ("ezine","newsletter") that you publish to, that you have full control over and of which you are the owner.
   
   
4. Privacy policy
   Trans Pacific Marketing (NZ) Limited's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy.
   
   
5. Trans Pacific Marketing (NZ) Limited's Role
   You, whether you are a Member or just a non-Member who visits the Trans Pacific Marketing (NZ) Limited web site, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the Trans Pacific Marketing (NZ) Limited Service or outside of it. We only provide a venue where the Trans Pacific Marketing (NZ) Limited Service may be accessed. In particular, you should be aware that Trans Pacific Marketing (NZ) Limited does not pre-screen or monitor the information submitted by Members.
   
   
6. Additional services
   Trans Pacific Marketing (NZ) Limited or its affiliates may offer new or additional services through the Trans Pacific Marketing (NZ) Limited Service from time to time, or change the services offered at our discretion. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the Trans Pacific Marketing (NZ) Limited Service in an appropriate manner (as determined by Trans Pacific Marketing (NZ) Limited in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.
   
   
7. Operation of Trans Pacific Marketing (NZ) Limited Services
   Trans Pacific Marketing (NZ) Limited reserves the right to withdraw or modify one or more aspects of the Trans Pacific Marketing (NZ) Limited Service where we have legal or technical reasons to do so (including technical difficulties experienced by Trans Pacific Marketing (NZ) Limited or on the Internet). There may also be times when the Trans Pacific Marketing (NZ) Limited Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information that facilitates access to the Trans Pacific Marketing (NZ) Limited Service.
   
   
8. Misuse of Trans Pacific Marketing (NZ) Limited Service
   We reserve the right (a) to suspend or terminate any Member's access to the Trans Pacific Marketing (NZ) Limited Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the Trans Pacific Marketing (NZ) Limited Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Trans Pacific Marketing (NZ) Limited Service without our prior consent. You are responsible for everything which is done on or through the Trans Pacific Marketing (NZ) Limited Service while your Membership account is logged on to the Trans Pacific Marketing (NZ) Limited Service, or through your email address(es).
   
   
9. Intended Use
   The Trans Pacific Marketing (NZ) Limited Service is intended for use for the purposes of attracting subscribers to their mailing list and providing services or products to other internet uses or customers. Members must not use access to the Trans Pacific Marketing (NZ) Limited Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).
   
   
10. Fees
    We may add new or ancillary services from time to time, or alter the service that we offer, that require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.
    
    
11. Prohibitions
    You are responsible for ensuring that no information you enter, or which is posted through a machine on which you access the Trans Pacific Marketing (NZ) Limited Service, nor any activity or communication you make in connection with any Trans Pacific Marketing (NZ) Limited Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
    
    We do not accept as Members, owners of mailing lists who broadcast to those lists pornographic, obscene, racist, or otherwise illegal information or images; or those who falsely describe their mailing list for the purpose of attracting subscribers under false pretences.
    
    We reserve the right to immediately terminate the account of any Member found to be advertising such a list on the Service, and to prevent re-admission to the Service.
    
    
12. Alerting Trans Pacific Marketing (NZ) Limited
    If you see anything on the Trans Pacific Marketing (NZ) Limited Service which appears to infringe this Agreement, then please contact us to inform us of it by using the Support Desk function.
    
    
13. Withdrawal of material and Termination of Membership
    Each Member acknowledges that we are entitled to withdraw any material on the Trans Pacific Marketing (NZ) Limited Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the Trans Pacific Marketing (NZ) Limited Service into disrepute.
    
    However, each member acknowledges that we do not monitor material which appears on the Trans Pacific Marketing (NZ) Limited Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, as outlined in the clause above.
    
    
14. Disclaimer and Release
    Trans Pacific Marketing (NZ) Limited has no control over or responsibility for the truth or accuracy of any material available on the Trans Pacific Marketing (NZ) Limited Service. - If any third party sites are linked to from the Trans Pacific Marketing (NZ) Limited Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it. - Your use of the Trans Pacific Marketing (NZ) Limited Service is entirely at your own risk.
    
    Accordingly, to the extent that the law permits, you release Trans Pacific Marketing (NZ) Limited, its owners, contractors and employees from all liability arising out of or in connection with the Trans Pacific Marketing (NZ) Limited Service and the material included here by Members and other third parties.
    
    
15. Intellectual Property
    You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Trans Pacific Marketing (NZ) Limited Service are owned by Trans Pacific Marketing (NZ) Limited. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no one may copy, distribute, show in public or create any derivative work from the Trans Pacific Marketing (NZ) Limited Service, or any of the material which is found on the Trans Pacific Marketing (NZ) Limited Service unless properly licensed to do so by us.
    
    
16. Excluded loss
    We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Trans Pacific Marketing (NZ) Limited will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
    
    
17. Non-excluded Liabilities
    Nothing in this Agreement limits Trans Pacific Marketing (NZ) Limited's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
    
    
18. Indemnity
    You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Trans Pacific Marketing (NZ) Limited Service.
    
    
19. Assignment
    We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Trans Pacific Marketing (NZ) Limited assign or dispose of this Agreement.
    
    
20. Entire Agreement
    This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the Trans Pacific Marketing (NZ) Limited Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us.
    
    
21. Changes to this Agreement
    Trans Pacific Marketing (NZ) Limited reserves the right to change this Agreement from time to time, and post the new version on the Trans Pacific Marketing (NZ) Limited Service, and without notice. You are advised to check the contents of this Agreement on a regular basis, and cancel your membership if at any time you do not agree with the contents of this Agreement. Your continued use of the Service implies your continued acceptance of this Agreement.
    
    
22. Severability
    In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
    
    
23. Law
    This Agreement shall be governed by and construed in accordance with the laws of Australia.
    
    
24. Contact
    You can contact us by post at 91 Taylor Terrace, Tawa, Wellington- New Zealand 6006. Please make sure you include your email address with all correspondence.

Privacy Policy

This is a legal document which sets out how Trans Pacific Marketing (NZ) Limited handles data which identifies you. You should read it in conjunction with the Trans Pacific Marketing (NZ) Limited Terms and Conditions, of which this Privacy Policy forms part.

At Trans Pacific Marketing (NZ) Limited, we believe strongly in protecting the privacy of our users' personal information. This statement describes the privacy practices we apply for the Trans Pacific Marketing (NZ) Limited Service. As part of that, it also expresses our approach to complying with the data protection laws which apply in Australia.

1. The information we gather and track.
   
   Information gathered on registration.
   When you register for the Trans Pacific Marketing (NZ) Limited Service, you will be asked to provide your personal details and email address you wish to post about your webiste or list in order to attract customers or subscribers ("Registration Information"). They are available to you, and capable of being changed, through the relevant page once you have logged into the Trans Pacific Marketing (NZ) Limited Service.
   
   Cookies.
   We use "cookies" to enhance users' experience of the Trans Pacific Marketing (NZ) Limited Service as follows:
   
   To track the success of some elements of some parts of the site. To facilitate optimal use of the Trans Pacific Marketing (NZ) Limited Service by Members, by means of a temporary "session" cookie. These cookies disappear when the Member's browser session ends, or if the Member clicks the "Log Off" text or button which appears on the Trans Pacific Marketing (NZ) Limited Service. Third party cookies are used on some parts of the site. They are used for tracking the success of advertising campaigns. These cookies are normally permanent.
   
   
2. Sharing and use of information.
   The over-riding principles we apply are these:
   The Registration Information we gather is used to manage your account, and to provide a customized experience as you use our Service, and we do not generally share this information provided with third parties, other than in special circumstances as further described or unless required to do so by law.
   
   Your name and email address will never be visible to other Members of the Trans Pacific Marketing (NZ) Limited Service or sold to a third party.
   
   Special circumstances in which information might be shared includes the following:
   If all of the assets which Trans Pacific Marketing (NZ) Limited uses to operate its business (or substantially all of them) are acquired by a third party, we may transfer personal data we then hold to that party.
   
   
3. Registration Information.
   Once the registration process for the service is complete, the only information visible on occasion on the service to others will be the name and description you choose to include in the internent marketing forum, for the purposes of providing information to other members or visitors.
   
   
4. Advertising.
   The Trans Pacific Marketing (NZ) Limited Service may include advertising for other businesses. We may use, and provide to third parties, non-identifying and aggregate data provided by Members to target this advertising more appropriately.
   
   
5. Newsletters.
   We send occasional emails containing news about the service, and promotional information about other services and products.
   
   
6. Place of processing.
   The personal information held by us is held on and processed by computers situated in Australia and New Zealand.
   
   
7. Security
   Whilst we take all due precaution to protect our customer database, it remains each Member's responsibility:
   • to protect against unauthorised access to your Membership account;
   • to ensure against use by anyone else of the Trans Pacific Marketing (NZ) Limited Service through the machine that Member uses while they are "logged on" to the Trans Pacific Marketing (NZ) Limited Service;
   • to log off or exit from the Trans Pacific Marketing (NZ) Limited Service when not using it; and
   • to keep his/her password secret.
     
     
8. Opt-out policy
   You may have your registration details removed at any time by contacting our Support Desk with your email address and membership ID, requesting that your membership of the Trans Pacific Marketing (NZ) Limited Service be cancelled.
   
   
9. Disclosure for legal reasons
   We reserve the right to communicate such of a Member's personal information as we hold to third parties which seek the disclosure of it, and which make a legally-compliant request for its disclosure.
   
   
10. Contacting Trans Pacific Marketing (NZ) Limited
    If you have any questions about this privacy statement, the practices of this site, or your dealings with Trans Pacific Marketing (NZ) Limited, you can contact us at Support Desk You can also use this address if you wish to request from Trans Pacific Marketing (NZ) Limited a copy of the personal data we hold about you or a description of that data.
    
    
11. Links to third party sites
    Our site contains links to other sites. Trans Pacific Marketing (NZ) Limited is not responsible for the privacy practices, or the content, of those web sites.

Disclaimer

Please be advised that the information contained in this website is provided for information purposes only. While a great deal of care has gone into its preparation, you are advised to seek the advice of an attorney should legal advice be needed, or an accountant should financial advice be needed.

You understand and acknowledge that some of the techniques we teach are controversial and may cause loss of connectivity (specifically those techniques dealing with e-mail marketing). You understand and acknowledge that Trans Pacific Marketing (NZ) Limited is in no way responsible for any loss of connection or other interruption in service that may occur and you agree to hold us harmless in the event you suffer financial loss.

In other words, you accept all responsibility for your own actions.

You also understand and acknowledge that the internet is an ever changing market place and information gateway with new rules constantly evolving. It is your responsibility to know the status of laws and regulations. in as much as we are not attorneys, and therefore we offer no legal advice.

Earnings

Every effort has been made to accurately represent this product and it's potential. Even though this industry is one of the few where one can earn a substantial income in terms of earnings, there is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our products, ideas and techniques. We do not purport this as a “get rich scheme.”

Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate”, “estimate”, “expect”, “project”, “intend”, “plan”, “believe” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.

Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody elses, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

Last updated: October 31st, 2005