- 1 APPLICATION OF TERMS
- 1.1 These Terms apply to your use of the Website. By accessing and using the
- a you agree to these Terms; and
- b where your access and use is on behalf of another person (e.g. a
company), you confirm that you are authorised to, and do in fact, agree to these
Terms on that person’s behalf and that, by agreeing to these Terms on that
person’s behalf, that person is bound by these Terms.
- 1.2 If you do not agree to these Terms, you are not authorised to access and use
the Website, and you must immediately stop doing so.
- 2 CHANGES
- 2.1 We may change these Terms at any time by updating them on the Website. Unless
stated otherwise, any change takes effect immediately. You are responsible for ensuring
you are familiar with the latest Terms. By continuing to access and use the Website, you
agree to be bound by the changed Terms.
- 2.2 We may change, suspend, discontinue, or restrict access to, the Website
without notice or liability.
- 2.3 These Terms were last updated on 28th May 2020.
- 3 DEFINITIONS
- 3.1 In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage,
loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
Underlying System means any network, system, software, data or material that underlies
or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access
certain parts of the Website
We, us or our means Amo Studios Ltd.
Website means creativebusinessnow.nz, amogroup.nz
You means you or, if clause 1.1b applies, both you and the other person on whose behalf
you are acting.
- 4 YOUR OBLIGATIONS
- 4.1 You must provide true, current and complete information in your dealings with
us (including when setting up an account), and must promptly update that information as
required so that the information remains true, current and complete.
- 4.2 If you are given a User ID, you must keep your User ID secure and:
- a not permit any other person to use your User ID, including not
disclosing or providing it to any other person; and
- b immediately notify us if you become aware of any disclosure or
unauthorised use of your User ID, by sending an email to email@example.com.
- 4.3 You must:
- a not act in a way, or use or introduce anything (including any virus,
worm, Trojan horse, timebomb, keystroke logger, spyware or other similar
feature) that in any way compromises, or may compromise, the Website or any
Underlying System, or otherwise attempt to damage or interfere with the Website
or any Underlying System; and
- b unless with our agreement, access the Website via standard web browsers
only and not by any other method. Other methods include scraping, deep-linking,
harvesting, data mining, use of a robot or spider, automation, or any similar
data gathering, extraction or monitoring method.
- 4.4 You must obtain our written permission to establish a link to our Website. If
you wish to do so, email your request to firstname.lastname@example.org.
- 4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect
result of your failure to comply with these Terms, including any failure of a person who
accesses and uses our Website by using your User ID.
- 5 INTELLECTUAL PROPERTY
- 5.1 We (and our licensors) own all proprietary and intellectual property rights
in the Website (including all information, data, text, graphics, artwork, photographs,
logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
- 6 DISCLAIMERS
- 6.1 To the extent permitted by law, we and our licensors have no liability or
responsibility to you or any other person for any Loss in connection with:
- a the Website being unavailable (in whole or in part) or performing
- b any error in, or omission from, any information made available through
- c any exposure to viruses or other forms of interference which may damage
your computer system or expose you to fraud when you access or use the Website.
To avoid doubt, you are responsible for ensuring the process by which you access
and use the Website protects you from this; and
- d any site linked from the Website. Any link on the Website to other
sites does not imply any endorsement, approval or recommendation of, or
responsibility for, those sites or their contents, operations, products or
- 6.2 We make no representation or warranty that the Website is appropriate or
available for use in all countries or that the content satisfies the laws of all
countries. You are responsible for ensuring that your access to and use of the Website
is not illegal or prohibited, and for your own compliance with applicable local laws.
- 7 LIABILITY
- 7.1 To the maximum extent permitted by law:
- a you access and use the Website at your own risk; and
- b we are not liable or responsible to you or any other person for any
Loss under or in connection with these Terms, the Website, or your access and
use of (or inability to access or use) the Website. This exclusion applies
regardless of whether our liability or responsibility arises in contract, tort
(including negligence), equity, breach of statutory duty, or otherwise.
- 7.2 Except to the extent permitted by law, nothing in these Terms has the effect
of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer
protection law that cannot be excluded. To the extent our liability cannot be excluded
but can be limited, our liability is limited to NZD100.
- 7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and
7.2 of these Terms do not apply, our total liability to you under
or in connection with these Terms, or in connection with the Website, or your access and
use of (or inability to access or use) the Website, must not exceed NZD100.
- 8 PRIVACY
- 8.1 You are not required to provide personal information to us, although in some
cases if you choose not to do so then we will be unable to make certain sections of the
Website available to you. For example, we may need to have your contact information in
order to provide you with updates from our Website.
- 8.2 When you provide personal information to us, we will comply with the New
Zealand Privacy Act 1993.
- 8.3 The personal information you provide to us (including any information
provided if you register for an account) is collected and may be used for communicating
with you, statistical analysis, the marketing by us of products and services to you,
credit checks (if necessary), and research and development.
- 8.4 We may also collect technical information whenever you log on to, or visit
the public version of, our Website. This may include information about the way users
arrive at, browse through and interact with our Website. We may collect this type of
alphanumeric identifiers that we transfer to your computer’s hard drive to enable our
systems to recognise your browser. If you want to disable cookies, you may do so by
changing the settings on your browser. However, if you do so, you may not be able to use
all of the functions on the Website. We use the technical information we collect to have
a better understanding of the way people use our Website, to improve the way it works
and to personalise it to be more relevant and useful to your particular needs. We may
also use this information to assist in making any advertising we display on the Website
more personalised and applicable to your interests.
- 8.5 Generally, we do not disclose personal information to third parties for them
to use for their own purposes. However, some of the circumstances in which we may do
- a to service providers and other persons working with us to make the
Website available or improve or develop its functionality (e.g. we may use a
third party supplier to host the Website);
- b in relation to the proposed purchase or acquisition of our business or
- c where required by applicable law or any court, or in response to a
legitimate request by a law enforcement agency.
- 8.6 Any personal information you provide to us may be stored on the secure
servers of our trusted service providers, which may be located outside New Zealand. This
may involve the transfer of your personal information to countries which have less legal
protection for personal information than New Zealand.
- 8.7 You have the right to request access to and correction of any of the personal
information we hold about you. If you would like to exercise these rights, please email
us at email@example.com.
- 9 SUSPENSION AND TERMINATION
- 9.1 Without prejudice to any other right or remedy available to us, if we
consider that you have breached these Terms or we otherwise consider it appropriate, we
may immediately, and without notice, suspend or terminate your access to the Website (or
any part of it).
- 9.2 On suspension or termination, you must immediately cease using the Website
and must not attempt to gain further access.
- 10 GENERAL
- 10.1 If we need to contact you, we may do so by email or by posting a notice on
the Website. You agree that this satisfies all legal requirements in relation to written
- 10.2 These Terms, and any dispute relating to these Terms or the Website, are
governed by and must be interpreted in accordance with the laws of New Zealand. Each
party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation
to any dispute connected with these Terms or the Website.
- 10.3 For us to waive a right under these Terms, the waiver must be in writing.
- 10.4 Clauses which, by their nature, are intended to survive termination of these
Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
- 10.5 If any part or provision of these Terms is or becomes illegal,
unenforceable, or invalid, that part or provision is deemed to be modified to the extent
required to remedy the illegality, unenforceability or invalidity. If a modification is
not possible, the part or provision must be treated for all purposes as severed from
these Terms. The remainder of these Terms will be binding on you.
- 10.6 These Terms set out everything agreed by the parties relating to your use of
the Website and supersede and cancel anything discussed, exchanged or agreed prior to
you agreeing to these Terms. The parties have not relied on any representation, warranty
or agreement relating to the Website that is not expressly set out in the Terms, and no
such representation, warranty or agreement has any effect from the date you agreed to