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Terms of Service

Website Terms + Conditions

OVERVIEW

This website is operated by Shoplex Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Shoplex Ltd. Shoplex Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Shoplex Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Shoplex Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Shoplex Ltd, 2/9 Tusac Place, AUK, Auckland 0627, New Zealand.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@creatable.co.nz

SaaS (Web Hosting) Terms + Conditions

 

  • APPLICATION OF TERMS
    • These Terms apply to your use of the Service (as that term is defined below). By accessing and using the Service:
      • you agree to these Terms; and
      • 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.
    • If you do not agree to these Terms, you are not authorised to access and use the Service, and you must immediately stop doing so.
  • CHANGES
    • We may change these Terms at any time by notifying you of the change by email or by posting a notice on the Website. Unless stated otherwise, any change takes effect from the date set out in the notice. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Service from the date on which the Terms are changed, you agree to be bound by the changed Terms.
    • These Terms were last updated on 8th March 2019.
  • INTERPRETATION

In these Terms:

Confidential Information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Service. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the Creatable Software. Your Confidential Information includes the Data.

Creatable Software means the software owned by us (and our licensors) that is used to provide the Service.

Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the Service.

Fees means the applicable fees set out on our pricing page on the Website at https://creatable.co.nz/shop or as agreed otherwise in writing between you and us, as may be updated from time to time in accordance with clause 7.6.

Force Majeure means an event that is beyond the reasonable control of a party, excluding:

  • an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; or
  • a lack of funds for any reason.

including and similar words do not imply any limit.

Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.

Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.

a party includes that party’s permitted assigns.

Permitted Users means your personnel who are authorised to access and use the Service on your behalf in accordance with clause 5.3.

a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.

personal information means information about an identifiable, living person.

personnel includes officers, employees, contractors and agents, but a reference to your personnel does not include us.

Service means the service having the core functionality described on the Website, as the Website is updated from time to time.

Start Date means the date that you first access or use the Service.

Terms means these terms titled SaaS terms of use.

Underlying Systems means the Creatable Software, IT solutions, systems and networks (including software and hardware) used to provide the Service, including any third party solutions, systems and networks.

We, us or our means Shoplex Ltd, company number 5679127.

Website means the internet site at https://creatable.co.nz, or such other site notified to you by us.

Year means a 12-month period starting on the Start Date or the anniversary of that date.

You or your means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

Words in the singular include the plural and vice versa.

A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.

  • PROVISION OF THE SERVICE
    • We must use reasonable efforts to provide the Service:
      • in accordance with these Terms and New Zealand law;
      • exercising reasonable care, skill and diligence; and
      • using suitably skilled, experienced and qualified personnel.
    • Our provision of the Service to you is non-exclusive. Nothing in these Terms prevents us from providing the Service to any other person.
    • Subject to clause 4, we must use reasonable efforts to ensure the Service is available on a 24/7 basis. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. We must use reasonable efforts to publish on the Website or notify you by email advance details of any unavailability.
    • Through the use of web services and APIs, the Service interoperates with a range of third party service features. We do not make any warranty or representation on the availability of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.
  • YOUR OBLIGATIONS
    • You and your personnel must:
      • use the Service in accordance with these Terms solely for:
        • your own business purposes; and
        • lawful purposes (including complying with the Unsolicited Electronic Messages Act 2007); and
      • not resell or make available the Service to any third party, or otherwise commercially exploit the Service.
    • When accessing the Service, you and your personnel must:
      • not impersonate another person or misrepresent authorisation to act on behalf of others or us;
      • correctly identify the sender of all electronic transmissions;
      • not attempt to undermine the security or integrity of the Underlying Systems;
      • not use, or misuse, the Service in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Service;
      • not attempt to view, access or copy any material or data other than:
        • that which you are authorised to access; and
        • to the extent necessary for you to use the Service in accordance with these Terms; and
      • neither use the Service in a manner, nor transmit, input or store any Data, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading.
    • Without limiting clause 2, no individual other than a Permitted User may access or use the Service. You may authorise any member of your personnel to be a Permitted User, in which case you must provide us with the Permitted User’s name and other information that we reasonably require in relation to the Permitted User. You must procure each Permitted User’s compliance with clauses 5.1 and 5.2 and any other reasonable condition notified by us to you.
    • A breach of any of these Terms by your personnel (including, to avoid doubt, a Permitted User) is deemed to be a breach of these Terms by you.
    • You are responsible for procuring all licences, authorisations and consents required for you and your personnel to use the Service, including to use, store and input Data into, and process and distribute Data through, the Service.
  • DATA
    • You acknowledge that:
      • we may require access to the Data to exercise our rights and perform our obligations under these Terms; and
      • to the extent that this is necessary but subject to clause 9, we may authorise a member or members of our personnel to access the Data for this purpose.
    • You must arrange all consents and approvals that are necessary for us to access the Data as described in clause 1.
    • You acknowledge and agree that:
      • we may:
        • use Data and information about your and your end users’ use of the Services to generate anonymised and aggregated statistical and analytical data (Analytical Data); and
        • use Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights; and
        • supply Analytical Data to third parties;
      • our rights under clause 3a above will survive termination of expiry of the Agreement; and
      • title to, and all Intellectual Property Rights in, Analytical Data is and remains our property.
    • You acknowledge and agree that to the extent Data contains personal information, in collecting, holding and processing that information through the Service, we are acting as your agent for the purposes of the Privacy Act 1993 and any other applicable privacy law. You must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process that information in accordance with these Terms.
    • While we will take standard industry measures to back up all Data stored using the Service, you agree to keep a separate back-up copy of all Data uploaded by you onto the Service.
    • You agree that we may store Data (including any personal information) in secure servers in the USA and may access that Data (including any personal information) in the USA and New Zealand from time to time.
    • You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is Objectionable, incorrect or misleading.
  • FEES
    • You must pay us the Fees.
    • We will provide you with valid GST tax invoices on a monthly basis on the due date for payment.
    • The Fees exclude GST, which you must pay on taxable supplies.
    • You must pay the Fees:
      • In accordance with the payment terms set out on the product page on the Website; and
      • electronically in cleared funds without any set off or deduction.
    • We may increase the Fees by giving at least 30 days’ notice. If you do not wish to pay the increased Fees, you may terminate these Terms and your right to access and use the Service on no less than 10 days’ notice, provided the notice is received by us before the effective date of the Fee increase. If you do not terminate these Terms and your right to access and use the Service in accordance with this clause, you are deemed to have accepted the increased Fees.
  • INTELLECTUAL PROPERTY
    • Subject to clause 2, title to, and all Intellectual Property Rights in, the Service, the Website, and all Underlying Systems is and remains our property (and our licensors’ property). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
    • Title to, and all Intellectual Property Rights in, the Data (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.
    • To the extent not owned by us, you grant us a royalty-free, transferable, irrevocable and perpetual licence to use for our own business purposes any know-how, techniques, ideas, methodologies, and similar Intellectual Property used by us in the provision of the Services.
    • If you provide us with ideas, comments or suggestions relating to the Service or Underlying Systems (together feedback):
      • all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
      • we may use or disclose the feedback for any purpose.
    • You acknowledge that the Service may link to third party websites or feeds that are connected or relevant to the Service. Any link from the Service does not imply that we endorse, approve or recommend, or have responsibility for, those websites or feeds or their content or operators. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites or feeds.
  • CONFIDENTIALITY
    • Each party must, unless it has the prior written consent of the other party:
      • keep confidential at all times the Confidential Information of the other party;
      • effect and maintain adequate security measures to safeguard the other party’s Confidential Information from unauthorised access or use; and
      • disclose the other party’s Confidential Information to its personnel or professional advisors on a need to know basis only and, in that case, ensure that any personnel or professional advisor to whom it discloses the other party’s Confidential Information is aware of, and complies with, clauses 1a and 9.1b.
    • The obligation of confidentiality in clause 1 does not apply to any disclosure or use of Confidential Information:
      • for the purpose of performing a party’s obligations, or exercising a party’s rights, under these Terms;
      • required by law (including under the rules of any stock exchange);
      • which is publicly available through no fault of the recipient of the Confidential Information or its personnel;
      • which was rightfully received by a party from a third party without restriction and without breach of any obligation of confidentiality; or
      • by us if required as part of a bona fide sale of our business (assets or shares, whether in whole or in part) to a third party, provided that we enter into a confidentiality agreement with the third party on terms no less restrictive than this clause 9.
    • WARRANTIES
      • Each party warrants that it has full power and authority to enter into, and perform its obligations under, these Terms.
      • To the maximum extent permitted by law:
        • our warranties are limited to those set out in these Terms, and all other conditions, guarantees or warranties whether expressed or implied by statute or otherwise (including any warranty under Part 3 of the Contract and Commercial Law Act 2017) are expressly excluded and, to the extent that they cannot be excluded, liability for them is limited to NZD 1,000.00; and
        • we make no representation concerning the quality of the Service and do not promise that the Service will:
          • meet your requirements or be suitable for a particular purpose, including that the use of the Service will fulfil or meet any statutory role or responsibility you may have; or
          • be secure, free of viruses or other harmful code, uninterrupted or error free.
        • You agree and represent that you are acquiring the Service, and accepting these Terms, for the purpose of trade. The parties agree that:
          • to the maximum extent permissible by law, the Consumer Guarantees Act 1993 and any other applicable consumer protection legislation does not apply to the supply of the Service or these Terms; and
          • it is fair and reasonable that the parties are bound by this clause 3.
        • Where legislation or rule of law implies into these Terms a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed to be included in these Terms. However, our liability for any breach of that condition or warranty is limited, at our option, to:
          • supplying the Service again; and/or
          • paying the costs of having the Service supplied again.
        • LIABILITY
          • Our maximum aggregate liability under or in connection with these Terms or relating to the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not in any Year exceed an amount equal to the Fees paid by you relating to the Service in the previous Year (which in the first Year is deemed to be the total Fees paid by you from the Start Date to the date of the first event giving rise to liability). The cap in this clause 1 includes the cap set out in clause 10.2a.
          • Neither party is liable to the other under or in connection with these Terms or the Service for any:
            • loss of profit, revenue, savings, business, use, data (including Data), and/or goodwill; or
            • consequential, indirect, incidental or special damage or loss of any kind.
          • Clauses 1 and 11.2 do not apply to limit our liability under or in connection with these Terms for:
            • personal injury or death;
            • fraud or wilful misconduct; or
            • a breach of clause 9.
          • Clause 2 does not apply to limit your liability:
            • to pay the Fees;
            • under the indemnity in clause 7; or
            • for those matters stated in clause 3a to 11.3c.
          • Neither party will be responsible, liable, or held to be in breach of these Terms for any failure to perform its obligations under these Terms or otherwise, to the extent that the failure is caused by the other party failing to comply with its obligations under these Terms, or by the negligence or misconduct of the other party or its personnel.
          • Each party must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with these Terms or the Service.
        • TERM, TERMINATION AND SUSPENSION
          • Unless terminated under this clause 12, these Terms and your right to access and use the Service:
            • starts on the Start Date; and
            • continues until a party gives at least 30 days notice that these Terms and your access to and use of the Service will terminate on the expiry of that notice.
          • Subject to clause 6, if the subscription option you have selected includes a minimum initial term, the earliest date for termination under clause 12.1 will be the expiry of that initial term.
          • Either party may, by notice to the other party, immediately terminate these Terms and your right to access and use the Service if the other party:
            • breaches any material provision of these Terms and the breach is not:
              • remedied within 10 days of the receipt of a notice from the first party requiring it to remedy the breach; or
              • capable of being remedied; or
            • becomes insolvent, liquidated or bankrupt, has an administrator, receiver, liquidator, statutory manager, mortgagee’s or chargee’s agent appointed, becomes subject to any form of insolvency action or external administration, or ceases to continue business for any reason.
          • You may terminate these Terms and your right to access and use the Service in accordance with clause 6.
          • Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
          • On termination of these Terms, you must pay all Fees for the provision of the Service prior to that termination.
          • No compensation is payable by us to you as a result of termination of these Terms for whatever reason, and you will not be entitled to a refund of any Fees that you have already paid.
          • Except to the extent that a party has ongoing rights to use Confidential Information, at the other party’s request following termination of these Terms but subject to clause 9, a party must promptly return to the other party or destroy all Confidential Information of the other party that is in the first party’s possession or control.
          • At any time prior to one month after the date of termination, you may request:
            • a copy of any Data stored using the Service, provided that you pay our reasonable costs of providing that copy. On receipt of that request, we must provide a copy of the Data in a common electronic form. We do not warrant that the format of the Data will be compatible with any software; and/or
            • deletion of the Data stored using the Service, in which case we must use reasonable efforts to promptly delete that Data.

To avoid doubt, we are not required to comply with clause 12.9a to the extent that you have previously requested deletion of the Data.

  • Without limiting any other right or remedy available to us, we may restrict or suspend your access to and use of the Service and/or delete, edit or remove the relevant Data if we consider that you or any of your personnel have:
    • undermined, or attempted to undermine, the security or integrity of the Service or any Underlying Systems;
    • used, or attempted to use, the Service:
      • for improper purposes; or
      • in a manner, other than for normal operational purposes, that materially reduces the operational performance of the Service;
    • transmitted, inputted or stored any Data that breaches or may breach these Terms or any third party right (including Intellectual Property Rights and privacy rights), or that is or may be Objectionable, incorrect or misleading; or
    • otherwise materially breached these Terms.
  • GENERAL
    • Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure.
    • No person other than you and us has any right to a benefit under, or to enforce, these Terms.
    • For us to waive a right under these Terms, that waiver must be in writing and signed by us.
    • Subject to clause 4, we are your independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.
    • 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 communications. You may give notice to us under or in connection with these Terms by emailing hello@creatable.co.nz.
    • These Terms, and any dispute relating to these Terms or the Service, 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 Service.
    • Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 7, 8, 9, 11, 12.5 to 12.9 and 13.6, continue in force.
    • 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 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.
    • Subject to clauses 1 and 7.6, any variation to these Terms must be in writing and signed by both parties.
    • These Terms set out everything agreed by the parties relating to the Service, and supersede and cancel anything discussed, exchanged or agreed prior to the Start Date. The parties have not relied on any representation, warranty or agreement relating to the Service that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date. Without limiting the previous sentence, the parties agree to contract out of sections 9, 12A and 13 of the Fair Trading Act 1986, and that it is fair and reasonable that the parties are bound by this clause 10.
    • You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.

 

Affiliate Terms + Conditions

  • All Creatable Affiliates must be at least 18 years old.
  • Creatable Affiliates are paid 15% of all purchases of website themes + printables. Custom work + hosting is not included. You will be paid within 30 days of someone using your referral link.
  • We pay all our affiliates via PayPal in $USD. It is your responsibility to ensure you have provided us the details of an active PayPal account with accurate details in order to receive your payout.
  • If a customer is issued a refund within 12 months of the sale date your commission for that sale will also be revoked.
  • Payouts will be made on the 1st of every month for the balance of total commisions from the previous month.
  • You will not generate commissions through spam, or other incentive based methods.
  • You cannot earn referrals on purchases made through your own affiliate link.
  • Affiliate applications will be approved manually, after being reviewed by our team. We reserve the right to not accept applications that do not comply with our brand image.
  • Please do not send unsolicited emails & make sure you properly disclose all endorsements or commissions you make. All affiliates are expected to adhere to current FTC guidelines.
  • We reserve the right to terminate any affiliate relationship at any time.

Free Website Promotion Terms + Conditions

  • All Entrants must be at least 18 years old.

These Free Website Promotion Terms & Conditions (these “Terms”) contain the terms and conditions that govern your participation in the Creatable Startup Program (the “Program”)  These Terms take effect when you check the box presented with these Terms or when you first receive any Program benefits, whichever is earlier. If you are an individual acting on your own behalf, you represent to us that you are lawfully able to enter into contracts, and if you are entering into these Terms for a company or entity, such as the company you work for, you represent to us that you have legal authority to bind that company or entity.

We may ask you to complete a survey of your experience using our software for the purposes of making improvements and future updates.

1. Program

1.1 Joining the Program. To join the Program, you must submit a complete Program application through creatable.co.nz/free-website-for-startups-promotion, and be accepted by Creatable into the Program. Submitting an application through the Creatable website does not constitute admission into the Program, and Creatable may accept or reject any Program application, in its sole discretion. For the avoidance of doubt, participation in this Program does not authorize you to resell or sublicense our services or the services of any third party.

1.2 Program Benefits. If you are accepted into the Program, you will recieve: 1xWordPress themeone year of professional hosting, and a 1 x Professional Website Setup package. You may not sell, license, rent, or otherwise transfer any Program benefits.

1.3 Program Administration. By submitting an application form we may from time-to-time send you email, call you, or otherwise contact you about the Program or Creatable products and services, including information about events and training opportunities, invitations to participate in surveys and research opportunities, and promotion offers.

1.4 Program Changes. We may change or discontinue the Program or any aspect of it, including these Terms (as set forth in Section 4) at any time in our sole discretion (with or without prior notice to you), including without limitation, changing or discontinuing any benefits offered under the Program. We may update the Creatable website or send you an email using the email address provided to us in your application for the Program to reflect any changes to the Program. Unless we state otherwise, any changes to the Program will become effective at the time we update the Creatable website with the change, or if we send you an email, as stated in the email message.

1.5 Termination. Either you or we may terminate your participation in the Program at any time, by giving the other party notice of termination. If your participation in the Program is terminated for any reason: (a) all licenses granted by you or us arising from your participation in the Program will terminate; and (b) you will immediately cease use of all Program benefits; and (c) you will no longer identify yourself or hold yourself out as a Program participant.

1.6 Promotions. We may list your name, website, and other general contact information in a Program directory, in other similar resources, or on our website. You hereby grant us a nonexclusive, worldwide, royalty-free license to use your name, website, general contact information and any trademark, service mark, trade name, other proprietary logo or insignia, URL, domain name, or other source or business identifier that you provide to us and any other content that you provide to us in connection with the Program (collectively, “Your Materials”) solely in connection with a Program directory, customer lists, commercial presentations, flyers, brochures, newsletters and similar resources. We may make reasonable changes or alterations to Your Materials. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.

1.7 Attribution. If you are a successful applicant of the Creatable Startup Program you are required to include on your website footer “Made by Creatable” On the launch of your new website we will also provide a social media graphic for use across your social media platforms to announce your new site. 

2. Disclaimers

THE PROGRAM AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE PROGRAM ARE PROVIDED “AS-IS.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE PROGRAM (INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE).

3. Limitation of Liability

NEITHER WE NOR ANY OF OUR AFFILIATES WILL BE LIABLE TO YOU UNDER THESE TERMS OR IN RELATION TO THE PROGRAM FOR ANY (i) LOSS OF DATA, PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL, (ii) INVESTMENTS, EXPENDITURES OR COMMITMENTS BY YOU RELATED TO THE PROGRAM, OR (iii) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR DAMAGES. THE AGGREGATE LIABILITY OF US AND ANY OF OUR AFFILIATES ARISING IN CONNECTION WITH THE PROGRAM WILL NOT EXCEED $100.

4. Modification

We may modify these Terms at any time by posting a revised version on the Creatable website or sending you an email using the email address provided to us in your application for the Program. The modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing your participation in the Program after the effective date of any modifications to these Terms, you agree to be bound by the modified Terms. It is your responsibility to check the Creatable website regularly for modifications to these Terms. We last modified these Terms on the date listed at the beginning of these Terms.

Service Level Agreement

We guarantee 99.9% uptime within a given month.

If your website or email isn’t accessible due to an unscheduled outage of our network or hardware we will credit your account with up to 100% of that month’s hosting fees.

To claim a credit just email hello@creatable.co.nz with the date and time of the outage and if our server monitoring systems confirm that outage we will credit your account.

The following rates will be used to calculate the credit amount:

  •  100% – 99.9% Uptime: No Credit
  •  99.9% – 98% Uptime: 5% Credit
  •  98% – 95% Uptime: 20% Credit
  •  Less than 95% Uptime: 100% Credit

Uptime is calculated monthly.  Guarantee covers both websites and email and claims must be made within 14 days of outage.

Scheduled downtime for server or network maintenance is not included in the downtime calculation.

By purchasing any of our products you are bound to the below legal terms:

All designs are the copyright of Creatable.

You must not sell, promote the design as your own, distribute any of the designs, images or graphics included in your design.