Website and Services Terms and Conditions
1. Who is Storetaste?
1.1 Storetaste Limited (“we”, “us”, “our”) is a New Zealand incorporated company which creates visible & affordable in-store merchandising and in-store sampling services through:
a. an in-shop sales support & reporting application (the App);
b. a team of shared representatives; and
c. a cloud-based reporting platform.
2. Acceptance of Terms and Conditions
2.1 These are the Terms and Conditions which apply to your use of our website (the Website) and the Services.
2.2 These Terms and Conditions are between us and you. This means you must not give anyone else access to the Services without our prior written consent and you must not assign, relicense, or otherwise transfer any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
2.3 We may assign any rights or obligations under these Terms and Conditions without your consent to a subsidiary company or a successor company by purchase of assets and/or equity, or by merger.
2.4 No joint venture, partnership, employment, or agency relationship exists between us and you.
2.5 In using the Website or the Services:
a. you represent and confirm that you are at least 18 years of age; or
b. you are a representative user of the App and under the age of 18 years and you confirm that you have had the opportunity to read through these Terms and Conditions and to seek the support of a parent or guardian or other trusted adult over the age of 18 years and you wish to continue with your use of the Website or the Services.
2.6 You should check the Terms and Conditions for amendments each time you visit the Website or use the Services. We reserve the right to review and amend the Terms and Conditions at any time. Amendments will be effective immediately and we have no obligation to notify you of such amendments. Your continued use of the Website or the Services following any amendments means you have accepted those amendments.
3. Registration and use of the Website and the Services
3.1 To access the Services, you must complete the registration form [insert link] including profile information (your profile) and pay any fees/subscription. You are solely responsible for all information contained in your profile including your password/s and other information you provide to us and for keeping your password/s confidential.
3.2 If we elect to give you credit and subsequently invoice you for a subscription, then payment is due on the 20th of the month following invoice. If full payment for the subscription is not made at that time, then we may terminate (see clause 7.1). We may also charge you, , at our discretion (and without prejudice to any other rights or remedies we may have), on demand, default interest on the amount outstanding at the rate of 18% per annum (calculated on a daily basis until the account is paid in full) and all expenses and costs (including legal costs on a solicitor and client basis) incurred by or on behalf of us recovering or attempting to recover the overdue amount.
3.3 As part of your responsibility for your profile, you agree that you will provide true, accurate, current and complete information about yourself and to maintain and promptly update your profile information to keep it true, accurate, current and complete.
3.4 You agree to notify us as soon as you become aware of any unauthorised access or use of the Website or the Services including, but not limited to, unauthorised access to your profile or misuse of your personal information.
3.5 In accessing the Website and using the Services, you agree:
a. Not to attempt to or otherwise: gain unauthorised access; damage; modify; or alter: the Website or the App; any related system or network; any content; or any of the Services;
b. Not to attempt to scrape, index, survey, or otherwise data mine any information held by us;
c. Not to use the Website, the App, or the Services outside the permitted or intended uses described by us;
d. To take reasonable care of the Website, the App and the Services including avoiding any abnormal or abusive use;
e. To comply with any of our policies or procedures notified to you;
f. To comply with all applicable laws including but not limited to health and safety laws and food safety laws; and
g. To behave with courtesy and respect at all times and not cause a nuisance, annoyance or inconvenience to us, any users of the Services, or third parties.
4. Licence and Intellectual Property Rights
4.1 The Website and the Services, together with all their content (including without limitation the Storetaste brand, design, text, graphics and all software and source codes connected with the Website and the App) are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the Website or using the Services you agree that you will access the contents solely for your use in the context of an authorised role with us. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without our prior written consent (see clauses below).
4.2 If you comply with these Terms and Conditions, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
a. access and use the App on a personal device solely in connection with your use of the Services; and
b. access and use any content, information and related materials that may be made available through the Website or the Services, in each case solely for the purposes of any authorised role with us.
4.3 Any rights not expressly granted herein are reserved by us.
4.4 You may not:
a. remove any of our copyright, trademark or other proprietary notices on our works; or
b. reproduce, modify, prepare derivative works based upon our works, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our works
5. Guaranties, Warranties, and Limitation of Liability
5.1 Legislation in New Zealand may impose obligations on us which cannot be excluded, restricted or modified, or only to a limited extent. These Terms and Conditions are subject to such legislation.
5.2 All parties agree that as the Website, and the Services are for the purposes of business use, the Consumer Guarantees Act 1993 does not apply.
5.3 We endeavour to ensure that the information on the Website and provided through the Services is current, accurate and complete and we also endeavour to ensure the Website and the App function properly. However:
a. we do not warrant or guarantee that any information on the Website or through the Services is current, accurate and complete. You are solely responsible for your actions based on the content in or content accessed through the Website or the Services. If you wish to verify or ask questions about any content, please contact us; and
b. we do not warrant or guarantee the use of the Website or the Services will be uninterrupted, available at any time or from a location, secure or error-free, that defects will be corrected or that the technology is free of viruses or other potentially harmful components.
5.4 The Website or the Services may involve links to third party sites or applications. We may also use third party services and content (e.g. mobile phone and other digital device platforms, other Apps) Any third parties under this clause are not parties to this contract and you must refer to their terms and conditions of use if you access their websites, applications, or services.
5.5 Access to any third-party internet site, application, or service is at your own risk and we do not endorse or accept responsibility for such a site, application or service including, but not limited to, the accuracy or reliability of any information, data, opinions, advice or statements made by such a third party.
5.6 We will not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, or any loss of profit, income or any intangible losses, or any claims, costs, expenses, or damage, whether in contract, tort (including negligence), equity or otherwise, incurred by you or any third party through the use of the Website or the Services or your reliance on any information on the Website or from the Services or for any modification, suspension, interruption or discontinuance of the Website or the Services for any reason whatsoever, including but not limited to circumstances outside our control, including (without limitation) power outages, acts of god, fire, earthquake, strikes, lockouts, acts of war, epidemics, compliance with a law or governmental order or monetary or economic developments which prevent us from continuing to provide the Website or the Services.
6. User indemnification of Storetaste
6.1 You agree to indemnify and hold us and our employees and agents harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against us by any third party arising out of your use of the Website or the Services and/or any content submitted, posted or transmitted through the Website or the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including legal costs on a solicitor-client basis and expenses) incurred by us in consequence of your breach of these Terms and Conditions.
6.2 If you create a link to any page on the Website, you remain fully responsible for any consequences of that link, whether direct or indirect, and you will indemnify us against all loss, damage, liability, costs or expense arising from or in connection with the link.
7.1 We may terminate access to the Website, or the Services at any time without notice, for any reason at our absolute discretion, including without limitation, breach of these Terms and Conditions.
7.2 Any clause relating to confidentiality, intellectual property, indemnity, disclaimer/limitation of liability, or dispute resolution will survive such termination.
7.3 You acknowledge that in the event of termination in terms of Clause 7.1, we will be under no obligation to make a refund of any fees.
7.4 You have the right to terminate your use of any of the Services on one month’s written notice.
8. Dispute Resolution
8.1 If you wish to raise a dispute, you should first attempt to resolve it by contacting us directly. We will attempt to resolve all claims within 21 days of receipt.
8.2 If we (the parties) are unable to reach an agreement within 30 days of receipt of a dispute, then the dispute shall be referred to mediation, with the parties using best endeavours to agree upon and appoint a person as mediator. If the parties cannot agree, then the mediator to be appointed is one nominated by the President of the New Zealand Law Society.
8.3 If mediation is unsuccessful, then either party may refer the dispute to a Court of competent jurisdiction.
10.1 The Website and the Services and their use are governed by the laws of New Zealand. Any matters or disputes connected with the Website and the Services shall be governed by the laws of New Zealand and the New Zealand courts shall have exclusive jurisdiction to hear and determine all claims in connection with the Website and the Services.
10.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected.
10.3 No failure or delay on our part in exercising any power or right under these Terms and Conditions operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
10.4 References to any statutory provision include any statutory provision which amends or replaces it, and any by law, regulation, order, statutory instrument, determination or subordinate legislation made under it.
10.5 We may give notice by general notice on the Website or to you via the App; or via the following contact details provided in your profile: your electronic mail address; your phone number; and/or your postal address (sent by courier). You can also be served in person. Notice by mail shall be deemed to have been given upon the expiration of 24 hours after the courier has delivered the item to your postal address and Notice by email or text shall be deemed to have been given upon the expiration of 12 hours after sending. You may give notice to us, with such notice deemed given when received by us, at any time by courier to PO Box 1234, Christchurch 8140or by email: firstname.lastname@example.org