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Terms of Use

These terms of use shall apply to any System that we (Tripledash Limited) provide to you anytime, whether now or in the future.  In the case of conflict between these terms and the provisions in any other agreements or documents relating to the System, these terms shall apply and shall be paramount and supersede the conflicting provisions.

By using or by signing up to use the System you acknowledge that you have read, understood and accept all these terms and that you have the authority to act on behalf of any entity for whom you use the System.  

We reserve the right to amend or replace these terms at any time.  If we amend these terms, we will post the amended terms on our website and will communicate the changes to you via email or notification via the administration section of your Website.  It is your responsibility to ensure that you have read, understood and agree to our most recent terms.

Please note: The summary for each section of these terms is in everyday language and is provided for your benefit.  It is not legally binding and has no impact or effect on these terms.

Section 1:  Our system

Section 2:  Your responsibilities

Section 3:  Warranties & acknowledgements

Section 4:  Our rights

Section 5:  Payment of our fees

Section 6:  Confidentiality & privacy

Section 7:  Intellectual property

Section 8:  Limitation of liability

Section 9:  Copyright infringement & takedown procedure

Section 10:  Modification of our system or pricing

Section 11:  Termination or suspension

Section 12:  General

Section 13:  Definitions

 

Section 1:  Our system


  1. Subject to you paying the applicable Fees, we will provide you with a non-exclusive licence to access the System that you have chosen to subscribe to.

  2. We will provide you with technical support through our Help Desk.  Technical support is only available via our website (http://www.tripledash.com), live chat or email.  Use of technical support may be subject to limitations.  Any such limitations will be advised.

  3. Upon purchasing one or more domain names through us, your domain(s) will be pre-set to automatically renew each year subject to you paying the relevant fees. You acknowledge that if you fail to pay the relevant fees, your domain name(s) will not be renewed.

Section summary:

As long as you pay your bill, we will provide you with access to the system and your website.

We provide you with technical support online, through our help website, via live chat and through email.  We don’t provide phone support as we find we can provide a far better support experience through email and live chat.  If you really want to talk over the phone, or if it is urgent, then you can request us to call you and we will call you back.

If you register a domain name through us we will automatically renew that domain each year on your behalf unless you advise us otherwise.

 

Section 2:  Your responsibilities


  1. It is your responsibility to:

    1. keep your email address up to date as this is the primary way that we will communicate with you; and

    2. keep your password secure.  We cannot and will not be liable for any loss or damage from your failure to maintain the security of your account or password; and

    3. maintain backup data necessary to replace any of your data that is lost or damaged from any cause; and

    4. obtain, and if required pay for, any consents and licenses required for you to incorporate third party materials in the Website; and

    5. follow any instructions provided by us in respect of the System and ensure that your employees, agents and contractors who use the System also meet your responsibilities under these terms when using the System; and

    6. use the System and the Website created using the System at all times strictly in accordance with these terms as amended by us from time to time.

  2. You confirm and warrant that all data, images, software and other information you place on your Website (“Your Materials”):

    1. are complete and accurate and not likely to mislead or deceive or cause damage to the reputation of any person or company; and

    2. will not cause us, in the course of providing the System or otherwise fulfilling our obligations under these terms, to infringe upon any person's Intellectual Property and you agree to indemnify us against any action taken by a third party against us in respect of any such infringement; and

    3. do not violate any law, statute, ordinance or regulation; and

    4. will not be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, abusive or otherwise objectionable or violate these terms.  '

  3. In order to reduce fraud and to protect sensitive credit card information, you agree that you will not store credit card details and will only process credit card transactions using systems that are PCI DSS compliant (visit http://www.pcisecuritystandards.org for more information) and that are authorised by us or your banking institution.

Section summary:

If we need to contact you we will send you an email.  Therefore, it is important that you let us know if you change your email address.

You are responsible for any data on the website so make sure you regularly take backups of that data.

Don’t put anything illegal or irresponsible on your website.  Remember that if you do, we may remove the offending content or take down your website and cancel your account with us.

Do not store any credit card information in any documents or within any of your or our systems.

 

  

Section 3:  Warranties & acknowledgements


  1. We give no warranty, express or implied, about the System or the Services. Without limiting the foregoing, we do not warrant that the System or the Services will meet Your requirements or that it will be suitable for any particular purpose or that it has or will have the ability to achieve a particular result or that the operation of the System will be uninterrupted.

  2. We do not warrant that the System will:

    1. be completely free of defect or error (commonly referred to as ‘bugs’); or

    2. be completely secure; or

    3. work on all devices, screen resolutions, internet browsers and operating systems.

  3. Except as expressly stated in these terms, all conditions and warranties, express or implied, are excluded to the maximum allowed by law.

  4. Also, if we recommend that you use Zeald’s or a Third Party Provider's products or services, you agree that we will have no liability (howsoever arising) in respect of such products or services or the provision of such products and services to you.  For the avoidance of doubt, this includes (for example) the use of any automatic credit card transaction process facility or payment gateway, accounting software, inventory management software, point of sale (POS) system, retail management system, customer relationship management (CRM) system, intranet, document management system, file storage system.

  5. Where you have purchased Services to be provided by Zeald (either now or in the future), their terms of trade (available at http://www.zeald.com/tot) shall apply to the provision of those Services at all times. Where you have purchased Services to be provided by ReachLocal New Zealand Limited or ReachLocal Australia Pty Limited (either now or in the future), their terms (available at https://www.reachlocal.com/nz/en/legal/terms-and-conditions/online-marketing-services-terms-and-conditions and https://www.reachlocal.com/au/en/legal/terms-and-conditions/online-marketing-services-terms-and-conditions) shall apply to the provision of those Services at all times. Where you have purchased Services to be provided by other Third Party Providers, the terms of trade of those Third Party Providers shall apply to those Services.

  6. It is also your responsibility to observe and comply with all relevant legislation and regulations including, but not limited to, any applicable taxation regulations and accounting principles when using our System or any Services or a Third Party Provider's products or services. In particular, and by way of examples only, when using any Third Party Provider's accounting software, inventory management software, point of sale (POS) system, or retail management system, it is your responsibility to seek the appropriate accounting, business or financial advice from your own accountant, business or financial adviser (as the case may be).  It is also your sole responsibility to determine the suitability or fitness for any particular purpose of our System or any Services or any Third Party Provider's (including Zeald's) products or services. We do not provide any accounting or financial advice, and any recommendation by us to use our System, any Services or any Third Party Provider's (including Zeald's) products or services should not be construed as the provision of accounting or financial advice by us.  

  7. You warrant and represent that you are acquiring the licence to access and use the System for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the System, the supply of the Services or the Website, and such guarantees or statutory provisions are hereby expressly excluded.

  8. You warrant that you have the power to enter into this agreement and have obtained all necessary authorisations to allow you do so, that you are not insolvent and that this agreement creates binding and valid legal obligations on you.

  9. You agree that we may:

    1. include a reference on the bottom of the homepage (or equivalent) of your Website, crediting the creation, design, development and hosting of your Website to us, or our System and/or any of our approved suppliers; and

    2. list you on our marketing materials, including on our website; and

    3. from time to time, we may send you e-mails with articles and information about our organisation and products and services that we think may be of interest to you.  You may elect not to receive such e-mails at any time by clicking the ‘unsubscribe’ link at the bottom of those e-mails or by contacting our Help Desk.

Section summary:

Whoever signs up to use our system is bound by these terms.  If you sign up on behalf of your employer or another organisation, then that organisation owns the website and is bound by these terms.

You confirm that you are signing up to use our system for business purposes and because of that the protections that exist for consumers (non-businesses) do not apply to this relationship.

If we recommend any other organisation (or their products or services) then we are not liable for whether or not they perform to expectations.  If you decided to purchase products or services provided by another organisation then their terms of trade will apply to those products or services.

 

Section 4:  Our rights


  1. We reserve the right at any time without prior notice to modify, restrict, refuse or terminate your access and use of the System and your Website by you or anyone else for any reason whatsoever.

  2. We do not pre-screen content that you upload onto your Website.  If we consider any content in your Website to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms, we may in our absolute discretion remove or delete such content or your Website.

  3. Verbal or written abuse or threats of any kind (including any form of cyber-bullying) of any our customers, employees, contractors, agents, officers, resellers or partners may result in immediate termination of your access to the System and your Website.

  4. You acknowledge and agree that your access and use of the System is non-exclusive and that the same System may be used by your competitors  (which may include our customers or our employees and contractors) although they may not use your confidential information in doing so.

  5. In the event of a dispute regarding the ownership of your Website, we reserve the right to suspend, at our sole discretion, the use of the Website until resolution has been determined between the disputing parties, and until such dispute is resolved you shall continue to pay the applicable fees in accordance with section 11.8.  

Section summary:

We can cancel, change or refuse to provide our system to anyone at any time.

If we find or become aware of anything that is illegal or irresponsible on your website then we may delete that content or remove your website.

Treat our staff and our partners or resellers and their staff with courtesy and respect at all times.

If there is an ownership dispute then we can suspend your account until the dispute is resolved.

We can sell our system to other organisations including your competitors.

 

Section 5:  Payment of our fees


  1. You agree to pay all applicable Fees together with the relevant taxes or duties (if any) by credit card (unless otherwise agreed in writing). If you chosen to take advantage of our 14-day free trial of the System and the Website ("Free Trial Period"), no Fee will be payable by you during the Free Trial Period.  However, if, at the end of the free trial period, you do not wish to continue using the system and the website, then you must immediately use the facilities provided in the system to cancel your website. if you continue to use the system and the website after the free trial period, then you will be charged the fee applicable to the system and the website.   If you have given us your credit card details, then the applicable fees will be charged to your credit card.

  2. You will be sent a receipt for any payment made.

  3. You shall not be entitled to set off against, or deduct from, the Fees any sums owed or claimed to be owed to you by us nor withhold payment by reason of any dispute you may have with us howsoever arising.

  4. If you do not pay the Fees on the due date, time being of the essence, we may, at our option, do any or all of the following:

    1. suspend, restrict or terminate your use of the System;

    2. refer your account to a debt collection agency;

    3. charge you all collection costs incurred by us, and you agree to indemnify us from and against all costs and disbursements incurred by us in recovering the unpaid Fees (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, our collection agency costs, and bank dishonour fees);

    4. charge you interest from the date when payment became due, until the actual date of payment of all amounts owing (including default interest), at a rate of two percent (2%) per calendar month (at our discretion, compounded monthly) before and after any judgment we may obtain against you;

    5. set-off any amounts due from you against any moneys due from us or held in our account to your credit.

Section summary:

Pay your fees on time. If you don’t we may take a range of different actions in addition to the collection of any unpaid fees.

 

 Section 6:  Confidentiality & privacy


  1. When you accept these terms, you also confirm that you have read and accepted our privacy policy (located at http://www.tripledash.com/privacy)

  2. Each party will keep all information that is confidential to the other party (”Confidential Information”) secret and confidential and will not disclose any Confidential Information to a third party without the consent of the other party. Each party shall ensure that its employees, subcontractors, professional advisors and agents abide by these obligations of confidentiality.

  3. Unless we agree otherwise in writing, we will each use any Confidential Information belonging to the other party only for the purposes of fulfilling our obligations to each other under these terms.

  4. Confidential Information does not include information clearly required to be disclosed by law; or is generally known and available without a party having breached its obligations under this section; or is, or has been, independently and lawfully acquired or developed without the benefit or use of the other party's Confidential Information.

Section summary:

We both agree to keep each other's private and sensitive information secret and confidential.

Make sure you read our privacy policy at http://www.tripledash.com/privacy as it outlines what we do with your information.

 

Section 7:  Intellectual property


  1. We need to be able to use our code, website interfaces, layouts, forms, questionnaires and templates for more than one client. Therefore, except for Your Materials that you upload to your Website, we and our licensors and suppliers own all Intellectual Property in the System (including, but not limited to, any code, the user and administration interfaces, forms, questionnaires, measurement, administration and tracking tools, elements (in source and object code) which form part of the generic functionality of the Website or elements (in source and object code) which implement visual features or the layouts of the Website (including, but not limited to, Your Materials)) and all new Intellectual Property (if any) developed or created by us, our agents, employees and contractors in connection with the System including, but not limited to, elements (in source and object code) which form part of the generic functionality of the Website or elements (in source and object code) which implement visual features or the layouts of the Website (including, but not limited to, Your Materials).

  2. You agree that you are granted only a personal, non-exclusive, non-transferable license to use the System. You may not use, copy, modify, adapt, reverse engineer or transfer the System (including, but not limited to, any related documentation, code, website interfaces, layouts, forms, questionnaires and templates, elements (in source and object code) which form part of the generic functionality of the Website or elements (in source and object code) which implement visual features or the layouts of the Website including, but not limited to, Your Materials)) or any copy, in whole or in part, except as expressly provided in these Terms.  If you breach the foregoing prohibition, in addition to, and without derogating from, any other remedies that may be available to us, your licence to use the System shall, without any prior notice, terminate immediately and access to your Website will be denied.

  3. We do not claim any right or proprietorship over Your Materials that you uploaded to your Website.  You retain ownership over all Your Materials that you have uploaded to your Website.

Section summary:

Our system, including all the different parts of our system belong to us or our licensors and you are not allowed to rip it off in any way or help anyone else to rip it off.  If you do we can take a range of serious actions against you.

Anything you put on your website remains yours.

 

Section 8:  Limitation of liability


  1. We will not be liable to you, or any third party, in any way whatsoever for any:

    1. loss or damage to information or data from any cause,

    2. breach of security;

    3. loss of profit; or

    4. incidental, indirect, special or consequential loss or damage.

  2. In any event, our maximum aggregate liability to you arising out of any claim for loss and/or damages (for any cause whatsoever) will under no circumstances exceed an amount equal to the total Fees (excluding any taxes) paid by you for the System in the 12 months immediately preceding the event giving rise to liability.

  3. The limitations and exclusions of liability in this section shall apply however liability arises, whether in contract, tort (including negligence), breach of statutory duty or otherwise.

  4. You agree that we should not be exposed to your business and operational risks and so you agree:

    1. that we will not be liable for the results you achieve (or not achieve) from your use of the System or Services, including any loss of profits, costs or damages related to products or services that you sell, or are unable to sell; and

    2. to indemnify us against any claims, damages, liabilities, costs and expenses whatsoever and howsoever arising out of the conduct of your business, including your use of the System and the Services.

Section summary:

Our system and the website is provided ‘as is’ and we provide no warranties regarding anything that we or you may do.  

Our liability is excluded as outlined in the terms and in no way shall our liability to you exceed what you have paid for the System in the immediate previous 12 months.

We are not responsible for anything you do including if you breach these terms or break the law, do anything irresponsible or breach any third party's rights or terms.

 

Section 9:  Copyright infringement & takedown procedure


  1. We may, without any prior notice to you, remove any of Your Materials from your Website or block access to your Website(totally or partially) where we have received a notice of Intellectual Property infringement or notice of takedown in respect of Your Materials or your Website.  You agree that we shall have no liability to you in respect of any loss (including loss of profit), cost or damage suffered or incurred by you as a result of such action. If there is a dispute between you and a third party as to whether Your Materials or your Website infringe the Intellectual Property of that third party, you acknowledge that it is your responsibility to resolve such dispute with the third party, and until you have provided us with satisfactory written confirmation of a resolution between you and the third party we will not restore the alleged infringing materials or reinstate access to your Website.  You agree to indemnify us against all claims, proceedings or actions by such third party against us including costs (legal or otherwise) that we may incur in defending such claims, proceedings or actions on a full indemnity basis.   

Section summary:

If we receive any notification that you have breached someone else's intellectual property or any notice to takedown the content on your website, we may immediately remove that content or block access to your website. It is your responsibility to sort out the dispute between yourself and the person who has notified us about the problem and we may decide to continue to keep the disputed content off your website or block access to your website until the dispute is resolved.

 

Section 10:  Modification of our system or pricing


  1. We reserve the right to remove or replace any System we may have offered from time to time and either replace them with a new System or move you on to the next most similar or suitable System then on offer to our customers. If we do remove or replace any System that affects you, we will give you as much notice as is practically possible.

  2. Fees for using the System are subject to change.  We may change the Fees at any time by providing you with 30 days notice.  Such notice may be provided by communicating the changes to you via email or notification via the administration section of your Website.  

  3. We shall not be liable to you for any loss whatsoever arising from any price change or as a result of the removal, replacement, modification or discontinuance of the System.

Section summary:

We may remove or replace the System at any time without any liability to you.

We may change our prices with 30 days notice to you at any time.

 

Section 11:  Termination or suspension


  1. You may terminate your licence to use the System by giving us 30 days written notice.

  2. We may terminate the licence granted to you to access and use the System and your Website at any time in accordance with our rights in section 4.1.  

  3. Without limiting our rights under section 11.2 above, we may, without prior notice to you, terminate the licence granted to you to use the System, and your access to your Website will be denied, on the occurrence of any one or more of the following events:

    1. if you have not paid any Fees within 14 days of the due date for payment; or

    2. if, in our reasonable opinion, you are using the Services or your Website for any unlawful purpose or if any material uploaded to your Website is offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms; or

    3. if you fail to comply with any notice from us or our authorised agents concerning your use of the System or your Website; or

    4. if you commit a material breach of the these terms or any other agreement between us.

  4. Upon termination :

    1. any amounts owing by you to us must be paid immediately; and

    2. we will not refund you any remaining prepaid Fees; and

    3. you will not be released from any liability or claim that has accrued on or before the date of termination; and

    4. we will be regarded as wholly discharged from our obligations in respect of or in connection with the System or the Website; and

    5. the following provisions of these terms will survive termination: sections 2.2, 3, 4, 5, 6, 7, 8, 9, 11.4, 11.5, 11.6, 12 and 13.

  5. If termination occurs, your Website and its content and relevant associated data will be deleted from our System. To avoid the loss of any material or data, whether by accident or by the exercise of our right pursuant to this clause or for any cause howsoever arising, please make sure that you backup your data regularly.  On some occasions we may be able to retrieve deleted data from our backup systems if you want to reactivate a Website.  If we are able to do so then additional Fees will apply, and any retrieval will be conditional upon you having first paid such additional Fees without any deduction or setoff.  

  6. If you purchase one or more domain names through us, upon termination, your domain(s) will continue to be automatically renewed (unless otherwise advised in writing) provided you pay us the applicable fees.  It is your sole responsibility to decide what to do with your domain after the termination of your account with us.

  7. We may immediately suspend the use or access to the System and your Website :

    1. if you do not meet all of your responsibilities under these terms.

    2. if a Carrier supplying services to us suspends or interrupts its service to us and that suspension or interruption affects our ability to provide the Services to you.

    3. in an emergency or whenever we, any Carrier, or any other appropriate person considers that it is necessary or reasonable to protect persons, systems or other property.

  8. Unless we otherwise agree, the Fees will continue to apply where we suspend your use or access to the System and the Website.

Section summary:

You can cancel your website at any time with us by giving us 30 days notice.

We may cancel your website at any time for any reason - particularly if you do anything illegal or irresponsible or if you fail to pay our fees or if you breach these terms.

We can suspend your access to the website for the reasons outlined in this section and, if we do, you will continue to be charged fees.


 

 

Section 12:  General


  1. You agree that the these terms comprise the entire agreement between you and us in respect of the System and your Website and, unless expressly stated in these terms, all prior agreements, warranties, representations, written, verbal or otherwise, are excluded and superseded.  By accepting these terms you also confirm and acknowledge that you have not been induced to purchase the licence to use the System by any representation whether verbal, written or otherwise, made by or on behalf of us which is not expressly set out in these terms.  

  2. The failure by us to enforce any provision of these terms shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.  If any provision of these terms shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

  3. If any of your contact details change, you agree to promptly provide us with your new contact details.  We will send you notices and other communications to the last known email address you have given to us.

  4. You may not assign any rights or obligations under these terms without our prior written consent. We may assign any rights under these terms without obtaining your prior approval. We may also sub-contract any of our obligations under these terms, but in so doing, will not be relieved of any liability to you under these terms.

  5. These terms and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the exclusive jurisdiction of the Courts of New Zealand.

Section summary:

These terms make up the entire agreement between the both of us and nothing else said or done has any effect. Any previous agreements between the both of us don’t apply anymore.

If we don’t enforce any of these terms at any time it doesn’t mean that we have given up the right to enforce the terms at a later date.

It is important that you keep your email address up to date as this is what we will use to communicate with you.

Any serious dispute concerning these terms will be dealt with by the New Zealand courts applying New Zealand law.

 

Section 13:  Definitions


“Carriers” means any entity with whom we have entered into an agreement or arrangement (directly or indirectly) providing for the passing of customer generated or customer destined internet traffic between us and that entity.

“Confidential Information” has the meaning given to it in section 6.

“Fees” means the applicable fees (excluding any taxes and duties) payable by you to us for the licence to use the System and the Website (if any) which we may change from time to time on notice to you.

“Help Desk” means our help desk, which is contactable via the our website (http://www.tripledash.com)) or via email on support@tripledash.com or through facilities provided within the System.

“Intellectual Property” means all intellectual property as defined in article 2 of the Convention Establishing the World Intellectual Property Organisation of 1967 and, without limitation, includes any discovery, invention, novel or original designs (whether or not registrable as designs or patents), any trade marks or trade names or goodwill rights associated with such marks, applications for any of the foregoing, the copyright in any copyright works including, but not limited to, any software, drawings, plans, specifications, designs, know-how and trade secrets owned or used, secret process or improvement in procedure.

“Services” means any products or services provided by Zeald or any other Third Party Provider.

“System” means the provision of any software as a service and/or ongoing hosting and/or the provision of any domain names or email services by us.
 
"Third Party Provider" means any provider of products or services other than us.

“we” or “us” means Tripledash Limited and “our” has a corresponding meaning.

“Website” means the website created by you using the System.

“you” means the customer and “your” has a corresponding meaning.

“Your Materials” has the meaning given to it in section 2.2, but, for the avoidance of doubt, shall not include elements (in source and object code) which form part of the generic functionality of the Website or elements (in source and object code) which implement visual features or the layouts of the Website including, but not limited to, Your Materials.

“Zeald” means Zeald New Zealand Limited.

Section summary:

The meanings behind a number of specific words that are used in other parts of these terms are explained in this section.

About Tripledash

Tripledash was designed to help you succeed online. You don't need any website experience to get started. Engineered by the experts at Zeald, Tripledash makes things simple, so you can manage your business and make it grow.

The first impression of your business often comes from your website. We want New Zealand businesses to do well online. We want you to have a good looking website, which reflects the quality of your brand.

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Support
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09 557 2357        support@tripledash.co.nz

 

PO Box 301-288 Albany Auckland, 0752 New Zealand