Audio Tours Digital Content

AUDIO TOURS & DIGITAL CONTENT

Additional Terms

These Audio Tours & Digital Content Terms apply only if you purchase, access, or use a self-guided audio tour or other digital content provided through the What’s On Aotearoa platform.

They apply in addition to the General Terms & Conditions available at:

https://whatsonaotearoa.nz/policies/terms-of-service

1. Nature of the Audio Tours

Audio tours are self-guided, informational digital experiences delivered through the What’s On Aotearoa platform.

  • No guide, staff member, or supervisor is present

  • No real-time monitoring or safety oversight is provided

  • You choose when, where, and how to use the content

What’s On Aotearoa provides digital content only.
It does not provide physical tours, supervision, safety management, risk assessment, or on-site assistance.

2. Self-Guided Activity Acknowledgement

Many audio tours relate to outdoor, rural, coastal, urban, or otherwise variable environments.

By accessing or using an audio tour, you acknowledge and agree that:

  • Participation is entirely self-guided

  • Conditions may change at any time without notice

  • You are solely responsible for your own safety, judgement, decisions, and conduct

Use of any audio tour is subject to the Self-Guided Activity Risk Acknowledgement, which forms part of these terms and is incorporated by reference.

Read the Self-Guided Activity Risk Acknowledgement here:
https://www.whatsonaotearoa.nz/pages/self-guided-risk-acknowledgement

3. No Professional Advice & No Warranties

Audio tours and associated content are provided for general informational and educational purposes only.

To the maximum extent permitted by law:

  • Content is provided on an “as is” and “as available” basis

  • No representation or warranty is given as to accuracy, completeness, reliability, or suitability

  • No guarantee is made that information reflects current access conditions, land status, safety conditions, or environmental factors

Audio content does not constitute professional, safety, environmental, medical, or legal advice.

You are responsible for independently assessing:

  • Weather and environmental conditions

  • Access permissions

  • Local regulations

  • Personal fitness, capability, and suitability

4. Access to Locations

Some audio tours reference locations that may be:

  • On or near private land

  • Subject to seasonal, temporary, or discretionary access restrictions

  • Affected by weather, erosion, closures, or regulatory changes

What’s On Aotearoa does not guarantee:

  • Ongoing access

  • Permission to enter any land

  • Accuracy of access routes

  • Availability of paths, signage, or facilities

You are solely responsible for complying with:

  • Landowner requirements

  • Signage and warnings

  • Local laws and access restrictions

5. Digital Delivery & Technical Responsibility

Audio tours are delivered digitally and may be accessed via:

  • Streaming

  • Download

  • QR code or direct link

You are responsible for:

  • Ensuring device compatibility

  • Maintaining internet or mobile data access

  • Any data charges incurred

  • Safe use of devices, particularly in outdoor environments

What’s On Aotearoa does not guarantee uninterrupted, error-free, or continuous access.

Temporary outages, platform updates, or technical interruptions may occur.

6. Refunds & Digital Access

Audio tours are digital products.

Once access has been granted or download links issued, purchases are generally non-refundable, except where required under the Consumer Guarantees Act 1993 or other applicable New Zealand law.

Nothing in this clause limits your statutory rights.

7. Intellectual Property and Permitted Use

All audio tours and digital content, including audio recordings, scripts, text, images, branding, layout, linked materials, downloadable files, and related content, are protected by intellectual property laws and remain subject to applicable rights owned by us and/or our licensors, contributors, or other relevant rights holders.

You are granted a limited, non-transferable, non-exclusive licence to access and use the content for personal, non-commercial use only.

You may not:

  • Copy, reproduce, distribute, republish, transmit, broadcast, communicate, display, resell, or otherwise exploit the content

  • Share access credentials, download links, or files

  • Publicly perform, modify, adapt, translate, edit, or create derivative works from the content

  • Use the content for commercial purposes or republication on another website, platform, service, database, or publication

  • Use any automated means, including bots, scripts, scrapers, spiders, crawlers, data mining tools, or similar technologies, to access, extract, copy, index, monitor, or reuse any audio tour or related digital content without our prior written consent

Unauthorised use may result in suspension or termination of access, cancellation of licences granted under these terms, and legal action where appropriate.

8. Limitation of Liability

To the maximum extent permitted by law:

What’s On Aotearoa is not liable for:

  • Personal injury

  • Property damage

  • Loss arising from environmental conditions

  • Access restrictions or land changes

  • Decisions made in reliance on content

  • Indirect, consequential, or economic loss

Where liability cannot be excluded under New Zealand law, liability is limited to the amount paid for the relevant audio tour.

Nothing in these terms excludes liability where exclusion is not permitted by law.

9. No Duty of Care Beyond Digital Delivery

What’s On Aotearoa’s responsibility is limited to providing digital content access.

No duty of care is assumed in relation to:

  • Physical environments

  • Route safety

  • Environmental hazards

  • Land access permissions

  • Participant conduct

All physical participation risks remain with the user.

10. Updates & Availability

Audio tours may be:

  • Updated

  • Modified

  • Re-recorded

  • Removed

Continued availability of any specific tour or version is not guaranteed.

11. Governing Law

These Audio Tours & Digital Content Terms are governed by the laws of New Zealand.