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, Whitiora, Hamilton, 3200 , New Zealand.
1.4 In these terms references to “we”, “us” and “our” are references to Witwit3 Limited.
1.5 These terms are made available via the ysb website on any website or platform where
you can access the Website. You agree that by accessing and/or using our Website,
you are agreeing to these terms and to our Privacy Policy.
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 Registration
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 unauthorized 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
unauthorized person accessing your account and/or using our Website and we
accept no responsibility for any losses or harm resulting from its unauthorized 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
The 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 or another user (“Content”). You understand and
agree that all Content that you may be sent when using our Website, whether
publicly posted or privately sent, is the sole responsibility of the person that sent the
Content. This means that you, not us, are entirely responsible for all Content that
you may upload, communicate, transmit or otherwise make available via our
Website.
4.4 You agree not to upload, communicate, transmit or otherwise make available any
Content:
i. that is or could reasonably be viewed as unlawful, harmful, harassing,
defamatory, libelous, 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 rights of
others;
vi. which consists of any unsolicited or unauthorized 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 offense 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, anonymize 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: crwit3@gmail.com.
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 NONINFRINGEMENT. WE DO NOT GUARANTEE THAT THE APP WILL ALWAYS BE SAFE,
SECURE OR ERROR-FREE OR THAT THE APP 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. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL
CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR
HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR. 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) OR THE AMOUNT YOU HAVE
PAID US IN THE PAST TWELVE MONTHS. 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; or
v. technical failures or the lack of availability of our Website where these
are not within our reasonable control.
7 Privacy
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.
7.2 We collect, process, use and share your personal information in accordance with our
Privacy Policy as set out in these terms. By accessing our Website, you give your
consent to us collecting, processing, using and sharing your personal data in this
way. If you do not agree to our Privacy Policy you should not access or use our
Website.
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
social network.
7.4 We may use cookies or similar technologies to store certain types of information
each time you use our Website. They may, for example, be used to help us recognize
your computer and to ensure that your account is accessed by the person that inputs
the correct username and password for that account. You can find out more about
how we use cookies and other similar technologies by reading our Privacy Policy.
8 Links
8.1 We may link to third-party websites or Website from our Website. You understand
that we make no promises regarding any content provided by such third parties and
we do not endorse the same. We are also not responsible to you in relation to any
losses or harm caused by such third parties. Any charges you incur in relation to those
third parties are your responsibility. You understand that when you provide data to such
third parties you are providing it in accordance with their privacy policy (if any) and our
own privacy policy does not apply in relation to that data.
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 Severability
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 crwit3@gmail.com.
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 oroffline, of any user of our Website.
15 Questions about these Terms
15.1 If you have any questions about these terms or our Website you may contact us by email at crwit3@gmail.com
These terms were last updated on 27 June 2020.