O-Connect Terms

Last updated: 20th September, 2020

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.oconnect.co.nz website (the "Service") by O-Studio Christchurch Limited operating as O-Connect Online ("us", "we", or "our").

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, please do not use the Service.

Online Memberships

ONGOING/RECURRING MEMBERSHIPS

Upon signing up for this membership, members will be charged either $295.00 NZD for an Annual Membership or $35.00 NZD on the 1st of every month using the payment method used for the initial transaction. This membership may be cancelled at anytime with no fees. These payments are non-refundable and non-transferable.

Communications

When you create an Account on our service, if you elect this option, we will add you to our mailing list for newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any, or all, of these communications from us by contacting us at hello@oconnect.co.nz or following the unsubscribe link or instructions provided in any email we send.

You represent and warrant that: (i) you have the right to enter into a binding agreement and, if you are entering into an agreement with us on behalf of an entity, that you are authorised to bind such entity in legal obligations; (ii) if you make a payment to us – that you have the legal right to use any credit card(s) or other payment method(s) that you use to pay us; and that (iii) the information you supply to us is true, correct and complete.

We reserve the right to refuse or cancel your membership at any time, for reasons including but not limited to cases where we suspect fraud or an unauthorised or illegal transaction.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or O-Connect Online cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the O-Connect Online customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide O-Connect Online with accurate and complete billing information including full name, email address, and a valid payment method information. By submitting such payment information, you authorise O-Connect Online to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, O-Connect Online will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Refunds

Certain refund requests for Subscriptions may be considered by O-Connect Online on a case-by-case basis and granted in sole discretion of O-Connect Online.

Permissible Use

You may not access or use the Services in a manner that:

  • harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights (including but not limited to rights of publicity, or other proprietary rights) of any other party, or encourages similar conduct in others;

  • is unlawful, fraudulent, deceptive, or prohibited in these Terms;

  • uses technology or other means, including “robots,” “spiders,” “crawlers,” “scrapers,” “offline readers,” or other automated means to access our Content, systems, or user accounts, without authorisation;

  • attempts to damage, disable, overburden, or impair our servers or networks;

  • attempts to introduce viruses, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Services, or any computer software, hardware, or telecommunications equipment;

  • attempts to circumvent any content-filtering techniques we employ, or attempts to access areas or features of the Services that you are not authorised to access;

  • probes, scans, or tests the vulnerability of our Services, or any system or network; or violates, or encourages others to violate, these Terms or the referenced Privacy Policy, or any other applicable O-Connect Online or third-party terms.

We will determine, in our discretion, whether there has been a breach of our acceptable use standards through your use of the Services, and we may take such action as we deem appropriate to prevent, end, or mitigate the impact of any breach we identify.

Our content

Content uploaded to the Services by or on behalf of O-Connect Online is the property of O-Connect Online or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

You also agree that you will not duplicate, publish, modify, reverse engineer, create derivative works from, participate in the transfer of, post on the World Wide Web, attempt to extract the source code of that software, or in any way distribute or exploit the Services, or any portion of the Services, unless laws prohibit these restrictions or you have our written permission to do so.

Accounts

When you create an account with us, you represent that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Customer Data

Customer Data means any data of any type that is submitted to the Services by you or on your behalf, including without limitation: (a) data submitted, uploaded or imported to the Services and (b) data provided by or about your end users (including chat and message logs) that are collected from use of the Services.

You are solely responsible for the accuracy, content and legality of all Customer Data. You represent and warrant to us that you have all necessary rights, consents and permissions to collect, share and use all Customer Data as contemplated in these Terms and that no Customer Data will violate or infringe (i) any third party intellectual property, publicity, privacy or other rights, (ii) any laws and regulations, including any applicable data protection laws, or (iii) any terms of service, privacy policies or other agreements governing your accounts with any third party platforms. You will be fully responsible for any Customer Data submitted to the Services by any of your end users as if you submitted it directly.

To facilitate our compliance with any record keeping obligations we may have in connection with your information, where requested and as applicable to you, you agree to provide such information to us via the user interface of the Services or via such other means as we may provide, and will use such user interface or other means to ensure that all information provided is kept accurate and up-to-date.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of O-Connect Online and its licensors. The Service is protected by copyright, trademark, and other laws of both the New Zealand and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of O-Connect Online

Copyright

We respect the intellectual property rights of others. If you are a copyright owner, authorised to act on behalf of a copyright owner or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by providing the following information:

  • Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;

  • Identification of the material that you claim is infringing your Content and needs to be removed, including a description of where it is located so that the copyright agent can locate it;

  • Your address, telephone number, and, if available, e-mail address, and company affiliation (if applicable) so that the copyright agent may contact you about your complaint; and

  • A signed statement (with physical or electronic signature) that the above information is accurate; that you have a good faith belief that the identified use of the copyrighted work is not authorised by the copyright owner, its agent, or the law; and, under penalty of perjury (in jurisdictions where this applies, which does not include the European Union), that you are the copyright owner or are authorised to act on the copyright owner’s behalf in this situation.

Upon obtaining such information, we will act expeditiously and take actions we deem appropriate including, to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims. If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following:

  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

  • A signed statement (with physical or electronic signature) under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and

  • Your name, address, and telephone number; a statement that you consent to the jurisdiction of the competent courts in the federal district court for the judicial district in which your address is located; and that you will accept service of process from the complainant.

Notices of the foregoing copyright issues should be sent to the following email address: hello@oconnect.co.nz.

If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. This information should not be construed as legal advice.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s Account if the user is determined to be a repeat infringer.

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by O-Connect Online.

O-Connect Online has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that O-Connect Online shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may request that we delete your account by contacting us at hello@oconnect.co.nz

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

O-Connect Online its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New Zealand without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We may amend these Terms from time to time. The most current version will always be available at https://www.oconnect.co.nz/terms. If we believe an amendment is material, we will notify you by a notification through the Services and/or by e-mailing the e-mail address you provided to us, if you have provided one. By continuing to access or use the Services after an amendment becomes effective, you agree to be bound by the amended terms.

Contact us if you have any questions about these Terms: hello@oconnect.co.nz.