Terms of Use

Effective as of 28 April 2020

The n8 application (‘Software’) is owned and licensed by N8 NZ LTD (‘n8’, ‘we’, ‘us’, ‘our’). These terms of use (‘Terms’) create an agreement between you, the Software user, (‘you’, ‘your’) and us. By downloading, accessing, or using the Software you agree to these Terms (which also apply to modified versions of the Software).

Grant of Licence and use restrictions

Subject to these Terms, we grant you a non- exclusive, non-transferable, non-sub licensable right to access and use the Software solely for use in the generation, hosting and updating of your (‘Website’). You may not access or use the Software for any other purpose. All other rights are expressly reserved to us. You must not:

  1. resupply or distribute the Software to any third party;
  2. copy, reproduce, translate, transmit, modify, reverse engineer, decompile, or disassemble the Software;
  3. attempt to circumvent any software protection mechanisms in the Software, including any mechanisms used to restrict or control Software functionality;
  4. remove any copyright, trade mark, or proprietary rights notices included in or on the Software;
  5. disrupt or interfere with the Software’s operation or other user’s use and enjoyment of the Software; or
  6. use the Software to directly or indirectly breach any applicable law or regulation; or
  7. use the images included in the Software in any other way not related to your Website; or
  8. use the Software in any objectionable way.

Account, Password and Information

Access to certain Software features requires a registration and a password for your account. You confirm that your registration data is current, complete and accurate at all times. Please keep your password confidential. You are responsible for all activities that occur using your password. You will notify us immediately of any unauthorised password use. You release us from any claim arising from any reliance by us upon any use of your password, including us disclosing information relating to your registration and/or affairs. Information collected through the Software may include personal information, and you agree to the terms of our privacy policy.

Subscription

We may impose periodic subscription fees that you must pay to use the Software or specific functionalities (‘Subscription’). In consideration for your right to access and use the Software, you will pay such Subscription fees at the times and in the manner notified to you by us, the Apple App Store or Google Play Store, (collectively ‘App Store’).

Intellectual Property and Licence to Data

The Software is protected under copyright and other laws of New Zealand and other jurisdictions. All intellectual property rights in the Software (and any modifications or enhancements) shall belong to us or our licensors. You may not use or reproduce our trade marks for any reason. By using the Software you grant us a non-exclusive, perpetual, worldwide, irrevocable, royalty free, licence to use the data sent to, stored within or otherwise processed or created by use of, the Software, for the purposes of improving our products and services.

Disclaimer

To the fullest extent permitted by law, we exclude all liability in relation to the Software whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity). We do not represent that the:

  1. use of the Software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  2. Software will meet your specific requirements or expectations, or that the Software, or any data or information, will be error-free, complete, correct or be kept and accessible for any period of time.

Feedback

We welcome all feedback, comments and suggestions for improvements to the Services (‘Feedback’). You can submit Feedback by emailing us at askus@n8.nz. You grant us a non-exclusive, perpetual, worldwide, irrevocable, royalty free, licence, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Changes

You grant us the right to upgrade your n8 product and your associated Website it generates. We reserve the right to:

  1. modify, suspend, or cease providing the Software, or any information or feature in it, at any time without notice; and
  2. change these Terms from time to time, and by continuing to access or use the Software following notification of the changes you accept the revised Terms. You consent to receive communications from us electronically.

Suspension and Termination

If you breach any of these Terms we may at our discretion suspend or terminate your account and your use of the Software, or particular features of this Software, effective immediately without prior notice. If these Terms are terminated by either party for any reason, we may (but are not obliged to) destroy the data stored within, and related to, the Software, without prior notice. If you cancel your Subscription you can keep using the Subscription until the next billing date, n8 does not offer refunds.

Law

These Terms shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms.