Last Updated: December 19, 2024
Welcome to Small Business CRM New Zealand ("we," "us," "our," or the "Company"). These Terms of Service ("Terms") govern your access to and use of our website and directory services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to any part of these Terms, you may not use our Service.
1. Definitions and Interpretation
In these Terms:
- "Account" means an account created to access and use the Service
- "Content" means any text, images, videos, or other material submitted to the Service
- "Directory Listing" means a business profile or entry in our directory
- "User" means any individual or entity accessing or using the Service
- "Service" means our website, directory, and all related services and features
2. Use License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and view the Service for lawful purposes
- Create an Account to submit and manage Directory Listings
- Use the Service in accordance with all applicable laws and regulations
This license does not include the right to: reproduce, modify, distribute, or transmit any Content without our prior written consent; reverse engineer or attempt to gain unauthorized access to the Service; or use the Service for any commercial purpose other than submitting your own Directory Listing.
3. User Accounts
3.1 Account Creation
To create an Account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your Account credentials and password. You agree to accept responsibility for all activities that occur under your Account.
3.2 Account Eligibility
You represent and warrant that you are at least 18 years of age and have the legal authority to enter into these Terms. If you are representing a business, you have the authority to bind that business to these Terms.
3.3 Account Termination
We reserve the right to suspend or terminate your Account at any time for any reason, including violation of these Terms. Upon termination, your right to use the Service ceases immediately.
4. Directory Listings
4.1 Submission Requirements
When submitting a Directory Listing, you agree to:
- Provide accurate, truthful, and complete information about your business
- Not misrepresent your products, services, or business credentials
- Update your listing regularly to maintain accuracy
- Not submit duplicate or misleading listings
- Comply with all applicable laws and regulations
4.2 Listing Approval
We reserve the right to review, edit, reject, or remove any Directory Listing that violates these Terms or our submission guidelines. We may remove listings that contain false information, inappropriate content, or violate intellectual property rights.
4.3 Listing Maintenance
You are responsible for maintaining your Directory Listing. We may remove or suspend listings that are inactive, outdated, or contain inaccurate information. You agree to promptly update your listing if any information changes.
4.4 Listing Removal
We may remove any listing without notice if the business no longer operates, if we receive complaints about fraudulent activity, or if the listing violates these Terms.
5. User Conduct
You agree not to:
- Submit false, misleading, or fraudulent information
- Engage in harassment, abuse, or threatening behavior toward other users
- Submit spam, unsolicited advertisements, or promotional content
- Attempt to hack, breach, or gain unauthorized access to the Service
- Use automated tools or bots to scrape or collect data without permission
- Violate any applicable laws, regulations, or third-party rights
- Submit content that is defamatory, obscene, or discriminatory
- Engage in any form of fraud, phishing, or deceptive practices
- Compete with our Service or use it for competitive intelligence
- Transmit viruses, malware, or other harmful code
6. Intellectual Property Rights
6.1 Our Intellectual Property
The Service, including all text, graphics, logos, images, software, and other materials, are owned by or licensed to Small Business CRM New Zealand and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or transmit any of these materials without our prior written consent.
6.2 User Content
You retain ownership of any content you submit to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content on the Service and in our marketing materials. You represent and warrant that you have the right to grant this license and that your content does not infringe any third-party rights.
6.3 Trademark Usage
You may not use our trademarks, logos, or brand names without our prior written permission. Any unauthorized use of our intellectual property is strictly prohibited.
7. Third-Party Content and Links
Our Service may contain links to third-party websites and content. We do not endorse, control, or assume responsibility for any third-party websites, content, or services. Your use of third-party websites is subject to their terms of service and privacy policies. We are not responsible for any damages or losses resulting from your use of third-party content or websites.
8. Disclaimers
8.1 "As Is" Basis
The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
8.2 No Guarantee of Results
We do not guarantee that the Service will be uninterrupted, error-free, or secure. We do not warrant that any defects will be corrected or that the Service will meet your expectations.
8.3 User Responsibility
You are solely responsible for verifying the accuracy and legitimacy of Directory Listings. We do not verify the credentials, qualifications, or legitimacy of businesses listed on our Service. We recommend conducting your own due diligence before engaging with any listed business.
9. Limitation of Liability
To the fullest extent permitted by law, in no event shall Small Business CRM New Zealand, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost data, arising out of or in connection with your use of the Service, even if we have been advised of the possibility of such damages.
Our total liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you have paid to us in the 12 months preceding the claim, or NZ$100, whichever is less.
10. Indemnification
You agree to indemnify, defend, and hold harmless Small Business CRM New Zealand and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising out of or relating to:
- Your use of the Service
- Your Directory Listing or content submission
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your infringement of any third-party rights
11. Modification of Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Service. Your continued use of the Service following any modifications constitutes your acceptance of the updated Terms. We recommend reviewing these Terms regularly for any updates.
12. Termination
We may terminate or suspend your access to the Service immediately, without notice or liability, for any reason, including if you breach these Terms. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including Intellectual Property Rights, Limitation of Liability, and Indemnification.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of New Zealand.
14. Dispute Resolution
Before initiating legal proceedings, you agree to attempt to resolve any dispute by contacting us via our contact page. If the dispute cannot be resolved within 30 days, you may pursue legal remedies available under New Zealand law.
15. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
16. Entire Agreement
These Terms constitute the entire agreement between you and Small Business CRM New Zealand regarding the Service and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.
17. Contact Information
If you have any questions about these Terms or the Service, please contact us at:
Small Business CRM New Zealand
Contact: via our contact page
18. Acceptance of Terms
By accessing and using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, you must not use the Service.