(Owner of ysb.co.nz)
Terms and Conditions of Use
1 General Terms
1.1 These terms apply to your access and/or use of the ysb website (“the site”), whether on your computer, on a mobile device, or any other website, device or platform. These terms also apply to any other service that we may provide in the Website, such as customer support, social media, community channels and other websites that we may operate from time to time. These terms are a legal agreement and contain important information about your rights and obligations in relation to our Website.
1.2 If you do not agree to these terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of our Website. If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use our Website until you have taken such action.
1.3 These terms represent a legal agreement between you and Witwit3 Limited, a New Zealand company with its registered office address at Joyce Brooks and Associates Limited, 11 Hardley Street, Hamilton, 3200 , New Zealand.
1.4 In these terms references to “we”, “us” and “our” are references to Witwit3 Limited.
1.6 You agree that you are at least 13 years old and that if you are between 13 years and 16 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Website.
1.7 You can access the latest version of these terms at any time at ysb.co.nz. We can make changes to these terms at any time and your continued use of our Website after the terms have been updated shall constitute acceptance of the updated terms.
2 Accessing and Using our Website
2.1 The specific rules, controls and guidelines for the website can be found within the website itself. Such rules, controls and guidelines form part of these terms and conditions and you agree that you shall comply with them in respect of the website.
2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Website. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Website.
3.1 When using our Website you will be required to register an account as a user with us. When you do this, you agree that you shall take all steps necessary to protect your log in details and keep them secret.
3.2 You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details.
3.3 In these terms, reference to “log in details” include your log in details and account for any social network or platform that you may allow our Website to interact with.
3.4 We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorised comments) and agree to fully compensate us for any losses or harm that may result.
3.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our website and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
3.6 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING OUR WEBSITE. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
3.7 Your account is personal to you and you are not entitled to transfer your account to any other person.
4 User Conduct and Content
4.1 You must comply with the laws that apply to you in the location that you access our Website from. If any laws applicable to you restrict or prohibit you from using our Website, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Website.
4.2 You promise that all the information you provide to us on accessing and/or using our Website is and shall remain true, accurate and complete at all times.
4.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Website by you, for us to upload on your behalf (“Content”). You understand and agree that all content that you may send when using our Website, whether publicly posted or privately sent, is your sole responsibility when sending that content. This means that you, not us, are entirely responsible for all content that you may want us to upload, communicate, transmit or otherwise make available via our Website.
4.4 You agree not to send for upload, communicate, transmit or otherwise make available any content:
i. that is or could reasonably be viewed as unlawful, harmful, harassing,
defamatory, libellous, obscene or otherwise objectionable;
ii. that is or could reasonably be viewed as invasive of another’s privacy;
iii. that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
iv. which you do not have a right to make available lawfully (such as information which belongs to someone else or confidential information);
v. which infringes any intellectual property right or other proprietary right of others;
vi. which consists of any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or
vii. which contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment.
4.5 You agree that you will not:
i. use our Website to harm anyone or to cause offence to or harass any person;
ii. create more than one account to access our Website;
iii. use another person or entity’s email address in order to sign up to use our Website;
iv. use our Website for fraudulent or abusive purposes (including, without
limitation, by using our Website to impersonate any person or entity, or
otherwise misrepresent your affiliation with a person, entity or our Website);
v. disguise, anonymise or hide your IP address or the source of any Content that you may upload;
vi. use our Website for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
vii. remove or amend any proprietary notices or other ownership information from any part of our Website;
viii. interfere with or disrupt our Website or servers or networks that provide our Website;
ix. attempt to decompile, reverse engineer, disassemble or hack our
Website, or to defeat or overcome any of our encryption technologies or
security measures or data transmitted, processed or stored by us;
x. ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Website, including, but not limited to any personal data or information (including by uploading anything that collects information
including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms);
xi. sell, transfer or try to sell or transfer an account with us or any part of an account;
xii. disobey any requirements or regulations of any network connected to our Website;
xiii. use our Website in violation of any applicable law or regulation;
xiv. circumvent or attempt to circumvent technological measures designed to control access to, or elements of, our Website, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
xv. use our Website in any other way not permitted by these terms.
4.6 If you are concerned that someone else is not complying with any part of these terms, please contact us here: admin@localhost.
4.7 We do not control Content posted on our Website by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Website, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Website.
4.8 We have the right to remove uploaded Content from our Website if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Website into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Website and we make no undertaking to do so.
4.9 You are solely responsible for your interactions with other users of our Website.
4.10 By accessing our Website you agree that your user name and online/offline status may be displayed to other users. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your user name publically, and not your email address; another user must already know your email address themselves in order to search for you.
5 Your breach of these terms
5.1 Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
i. delete, suspend and/or modify your account or parts of your account;
ii. otherwise suspend and/or terminate your access to our Website;
iii. modify and/or remove any information that may be associated with your account;
5.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
6 Limitation of Liability of our Website
6.1 WE ARE PROVIDING OUR WEBSITE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE WEBSITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE WEBSITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU
RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR OUR WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6.2 For the avoidance of doubt, we do not accept liability for:
i. losses or harm not caused by our breach of these terms or negligence;
ii. losses or harm which are not reasonably foreseeable at the time of you
agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
iii. any damage that may be caused to any device on which you access or use our Website that is caused in any way by our Website unless that damage is directly caused by our failure to exercise reasonable skill and care
in the provision of our Website
iv. any increase in loss or damage resulting from breach by you of any of these terms and conditions;
v. technical failures or the lack of availability of our Website where these
are not within our reasonable control.
7.1 The data controller for all personally identifiable information or personal data that we collect about you through our Website is ysb.co.nz.
7.3 Any personal information that we may collect may also be subject to the policy of any social network that you may agree to link our Website to. If you access our Website and you allow them to interact with a social network you are giving us permission to use your email address and any other personal information which that social network shares with us that will allow us to personally identify you. If you do not agree to these practices you should not allow our Website to interact with your
9 Transferring these Terms
9.1 We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
10 Entire Agreement
10.1 These terms set out the entire agreement between you and us concerning our Website.
11 Changes to these Terms
11.1 You can find these terms at any time by visiting ysb.co.nz
11.2 We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so for a number of reasons including without limitation because we change the nature of our Website, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Website.
12.1 If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.
13 Waivers of our Rights
13.1 Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
14 Complaints and Dispute Resolution
14.1 Most concerns can be solved quickly by contacting us at admin@localhost.
14.2 In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of New Zealand.
14.3 You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these terms or our Website exclusively in the Courts of New Zealand and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of New Zealand will govern these terms as well as any claim that might arise between you and us, without regard to conflict of law provisions.
14.4 If anyone brings a claim against us related to your actions, content or information in relation to our Website, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. We are not responsible for the content or information users upload to the website. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the Website. We are not responsible for the conduct, whether online or offline, of any user of our Website.
18 Questions about these Terms
18.1 If you have any questions about these terms or our Website you may contact us by email at admin@localhost.
These terms were last updated on 27 March 2019.
What information does the Site obtain and how is it used?
User Provided Data
The Site obtains the information you provide when you register as a site user. When you register and use the Site, you generally provide (a) your name, email address, user name, password and other registration information; (b) information you provide us when you contact us for help.
We may also use the information you provided us to contact your from time to time to provide you with important information, and/or required notices.
Automatically Collected Information
In addition, we may collect certain information automatically, including, but not limited to, the type of mobile device, computer or other device you use, your mobile devices’ unique device ID, the IP address of your device, your mobile operating system, the type of mobile Internet browsers you use, attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength and and information about the way you use the Website (“Automatically Collected Information”).
Does the Site collect precise real time location information of the device?
This Site does not collect precise information about the location of your mobile device.
How do we use the User Provided Data and Automatically Collected Information?
We may use the User Provided Data and Automatically Collected Information to:
Conduct surveys and research.
Analyse information to evaluation and improve our services.
Send you marketing communications.
Inform you of our terms and conditions and any changes to these.
Promote safety and security for example by using the information to verify accounts.
Do third parties see and/or have access to information obtained by the Site?
Only aggregated, anonymized data may be periodically transmitted to external services to help us improve the Site and our service. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided Data and Automatically Collected Information:
As required by law;
When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
With our trusted services providers who work on our behalf, do not have
an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
If Witwit3 Limited is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
What are my opt-out rights?
You can stop all collection of information by the Site easily by a request to opt-out via email, at admin@localhost.
Data Retention Policy, Managing Your Information
We will retain User Provided data for as long as you use the Site and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Site, please contact us at admin@localhost. and we will respond in a reasonable time.
We do not use the Site to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at admin@localhost.. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain.
For example, we limit access to this information to authorised employees who may need to know that information in order to operate, develop or improve our Site. Please be aware that, although we endeavour to provide reasonable security for information we process and maintain, no security
system can prevent all potential security breaches.
If you have any questions regarding privacy while using our website, or have questions about our practices, please contact us via email at admin@localhost.