Privacy Policies + Terms and Conditions

Copyright
Privacy Policy
Your rights
Cookies
TERMS AND CONDITIONS
Membership
Prohibited Use
User material
Warranties

Privacy tools

Copyright:

No part of this publication shall be reproduced, transmitted, or sold in whole or in part in any form, without the prior written consent of the author. All trademarks and registered trademarks appearing in this guide are the property of their respective owners. Any content on my blog whether it be pictures or text, may not be republished or distributed, for financial gain or not, without written permission of the author.

Privacy Policy

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE

Natural Earthy Mama (from here on in referred to as NEM) and our wholly owned subsidiaries (together, “NEM,” “natural earthy mama”, “us”, “we” or “I”) are committed to protecting and respecting your privacy in connection with your use of our website, www.naturalearthymama.com (the “Website(s)”), and other products, services and features thereof (the Website and such other products, services and features are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of NEM).

This privacy policy (“Privacy Policy”) and any other documents referred to herein set forth the basis on which any personal information we collect from you, or that you provide to us, in connection with the Products will be processed by us. Please read the following carefully to understand our practices regarding your personal information and how we will collect, use and disclose your personal information.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is NEM.

INFORMATION WE MAY COLLECT ABOUT YOU

We may collect and process the following data about you:

Information you give Us (Submitted information):

You may give Us information about you by filling in forms on Our Site(s)), or by corresponding with Us by phone, e-mail or otherwise. This includes information you provide when you register to Our Site(s), subscribe to any of Our Services, participate in discussion boards (or other social media functions on or linked to Our Site(s)), enter a competition, promotion or survey or carry out any other activity and when you report a problem with Our Site(s). The information you give Us may include your name, address, e-mail address and phone number, age, username, password, personal description, and any other information you provide.

Information We collect about you.

With regard to each of your visits to Our Site(s), We may automatically collect the following information about you:

  • Device Information such as operating system version, device type, and system performance information.
  • Details of your use of any of Our Site(s) and the resources that you access (Log Information);
    Internet Protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from Our Site(s), (including date and time); product you viewed or search for; page response times, download errors, length of visits to certain pages, page interaction information, and methods used to browse away from the page and any phone number used to call Our customer service number (Other Information).
  • Our Site(s) may collect information about user demographics through Google Analytics Demographics and Interest Reporting. This information will only be used for internal reporting and not shared with third parties.
  • Activity data. We may track your activity such as how frequently you log in.
  • Personal information including, for example, your name, e-mail address, telephone, credit or debit card or other payment information, information about your usage of the Products and information collected by tracking technologies as further described below that may identify you as an individual or allow online or offline contact with you as an individual.

NEWSLETTERS OR OTHER ELECTRONIC COMMUNICATIONS

If you sign up to receive email newsletters or promotional materials from us we will use the information you give us to provide the communications you have requested.  If you inform us that you wish to cancel email newsletters or promotional materials by selecting unsubscribe at the bottom of such communication or by emailing us at [email protected], we will remove you from our mailing list. If you no longer wish to receive push notifications for messages, you may turn them off at the device level.  Learning reminders cannot be turned off.

If you provide your phone number through the website in order to receive an SMS message with a link to our Apps, you will receive such SMS message (the “SMS Service”). Standard text message rates will apply.

Information we receive from other sources.

We may receive information about you if you use any of the Services Sites We operate or the other Services We provide. In this case We will have informed you when We collected that data that it may be shared internally and combined with data collected on Our Site(s). We are also working closely with third parties (including, for example, business partners, sub-contractors, delivery services, analytics providers, search information providers) and may receive information about you from them.

Cookies

Our Site(s) uses cookies to distinguish you from other users of Our Site(s). This helps Us to provide you with a good experience when you browse Our Sites(s) and also allows Us to improve Our Sites(s). For detailed information on the cookies We use and the purposes for which We use them see the section “Information about Our use of Cookies” below.

Advertising

Some of our advertisers occasionally serve you cookies as well. We do not have control over cookies placed by advertisers. We may use advertising service vendors to help present advertisements on the website, one of which is http://www.gourmetads.com. These vendors may use cookies, web beacons, or similar technologies to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, these vendors may collect non-personal data such as your browser type, your operating system, Web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of cookies, web beacons, or similar technologies by these advertising service vendors is subject to their own privacy policies, not ours, and Service Provider disclaims all liability in connection therewith.

Gourmet Ads Privacy Policy

This privacy policy describes the practises of how Gourmet Ads Pty Limited uses and protects any information while view advertisements displayed in the Gourmet Ads network of websites, or whilst transacting with Gourmet Ads. Gourmet Ads has the right to update and change this policy from time to time.

Personally Identifiable Information

Gourmet Ads does not collect or use any Personally Identifiable Information (PII) whatsoever.

How Gourmet Ads uses Cookies

Generally speaking, a cookie is a small file which allows web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. Overall, cookies help us provide you with relevant advertising.

A cookie in no way gives us access to your computer or any information about you. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Although the specific cookies may change from time to time, this describes the purposes for which our ad serving platform uses cookies. Our ad serving platform;

  • uses unique cookies to identify web browsers and to store data for advertising purposes, including interest-based advertising.
  • uses unique cookies to store ad delivery and reporting data, such as, for example, which ad was shown, the number of times a particular ad has been shown, and how recently an ad has been shown to a particular web browser.
  • uses unique cookies to track users’ responses (clicks and conversions) to ads purchased on the platform.
  • uses non-unique cookies for server load-balancing and similar technical purposes.
  • uses non-unique cookies to store users’ opt-out choices.

Our ad serving platform is designed to use only non- Personally Identifiable Information (PII), and has contractual provisions that prohibit us from associating Platform cookies with PII.

Cookie Opt Out

Gourmet Ads primary ad server is Appnexus and you can opt out of cookies from them by visiting ;
http://appnexus.com/platform-policy#choices and Opting Out.

You can also opt out of cookies using the Network Advertising Initiative opt-out page at this page;
http://www.networkadvertising.org/choices/

Finally, you can choose to disable or selectively turn off cookies or third-party cookies in your browser settings.

What Gourmet Ads May Collect 

Aside from advertising, when transacting with Gourmet Ads websites (gourmetads.com, console.gourmetads.com, publishers.gourmetads.com advertise.gourmetads.com only) we may collect by means of contact form or application the following information:

  • contact information including email address and phone number
  • demographic information such as postcode, preferences and interests

or other information relevant as required in regards to your enquiry or application for the purpose of commencing a commercial relationship with Gourmet Ads Pty Limited.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Further Information about our Privacy Policy

If you have any questions about anything in this Privacy Policy, or about collection of personally identifiable information, or information generally, please email Gourmet Ads or in writing to Gourmet Ads Pty Limited, 40 Old Berowra Rd, Hornsby, NSW, 2077, Australia

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

Information you give to Us.

We may use this information:

  • to carry out Our obligations arising from any contracts entered into between you and Us and to provide you with the information, products and services that you request from Us;
  • to provide you with information about other services We offer that we feel may be of interest to you. You can opt out of receiving any communication We send you relating to this at any time;
  • if you are an existing customer, We will only contact you by electronic means (e-mail or SMS) with information about services We feel may be of benefit to you. If you are a new customer, We will contact you by electronic means only if you have consented to this. If you do not want Us to use your data in this way, please tick the relevant box situated on the form on which We collect your data (the registration form);
    to notify you about changes to Our Service;
  • to ensure that content from Our Sites(s) is presented in the most effective manner for you and for your computer

MOBILE ANALYTICS

We use mobile analytics software to allow us to better understand the functionality of our site on your phone. This software may record information such as how often you use the Products, the events that occur within the application, aggregated usage and performance data. We may link the information we store within the analytics software to any personal information you submit within the mobile application.

LOG FILES

As true of most websites, we gather certain information and automatically and store it in log files. This information may include Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.

If you receive the HTML-formatted version of our email newsletter, your opening of the newsletter is notified to us and saved. Your clicks on links in the newsletter are also saved. These and the open statistics are used in aggregate form to give us an indication of the popularity of the content and to help us make decisions about future content and formatting.

Information We collect about you.

We may use this information:

  • to administer Our Site(s) and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • to improve Our Site(s) to ensure that content is presented in the most effective manner for you and for your Device/computer;
  • to allow you to participate in interactive features of Our service, when you choose to do so;
    as part of Our efforts to keep Our Site(s) safe and secure;
  • to make suggestions and recommendations to you and other users of Our Site(s) about services that may interest you or them.
  • to provide you with targeted advertising that We feel may be of interest to you.
  • for research purposes carried out internally or by trusted third parties

Information We receive from other sources

We may combine this information with information you give to Us and information We collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information We receive).

Disclosure of your information

We may share your information with selected third parties including but not limited to:

  • Business partners, suppliers and sub-contractors for the performance of any contract We enter into with you.
  • Analytics and search engine providers that assist Us in the improvement and optimisation of Our Site(s).
    We may disclose your personal information to third parties:

WHERE WE STORE YOUR PERSONAL DATA

All information you provide to us through the Products is stored on our secure servers. Any payment transactions will be encrypted using SSL technology; all payment information is stored with our payment processor and is never stored on NEM’s servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Products, you are responsible for keeping this password confidential. We ask you not to share a password with anyone, and suggest that your change your password frequently.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted to the Products; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

SOCIAL MEDIA WIDGETS

Our Products include social media features, such as the Facebook Like button, and widgets, such as the “Share This” button, or interactive mini-programs. These features may collect your Internet protocol address, which page you are visiting on or Products, and may set a cookie to enable the feature to function properly. Social media features and widgets are hosted by a third party or hosted directly on our Products. Your interactions with these features are governed by the privacy statement of the company providing it.

INFORMATION POSTED ON FORUMS

NEM users may have the ability to post content to one or more NEM forums. All such users may request and obtain removal of such posted content by contacting NEM at [email protected] and specifically identifying the content to be removed. Please be advised that any such removal does not ensure complete or comprehensive removal of all traces of the content posted on the NEM forum(s).

YOUR RIGHTS

You have the right to ask Us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if We intend to use your data for such purposes or if We intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms We use to collect your data.  You can also exercise the right at any time by contacting Us at [email protected]

Our Site(s) may, from time to time, contain links to and from the websites of Our partner networks and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

 

INFORMATION ABOUT OUR USE OF COOKIES

Our Site(s) uses cookies to distinguish you from other users of Our Site(s). This helps Us to provide you with a good experience when you browse Our Site(s) and also allows us to improve Our Site(s). By continuing to browse Our Site(s), you are agreeing to Our use of cookies.

A cookie is a small file of letters and numbers that We store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:

Strictly necessary cookies. These are cookies that are required for the operation of Our Site(s). They include, for example, cookies that enable you to log into secure areas of Our Site(s).
Analytical/performance cookies. They allow Us to recognise and count the number of visitors and to see how visitors move around Our Site(s) when they are using it. This helps Us to improve the way Our Site(s) work, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to Our Site(s). This enables Us to personalise Our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to Our Site(s), the pages you have visited and the links you have followed. We will use this information to make Our Site(s) more relevant to your interests. We may also share this information with third parties for this purpose.
Advertising cookies.
The opt-out cookie may not work if your browser is configured to block third-party cookies. If you delete your cookies, you will need to opt out again. There are browser plugins to help you preserve your opt-out cookies. For more information, please visit http://www.aboutads.info/PMC.

The opt-out only applies to the browser in which you set it. For example, if you set the opt-out while using Firefox, but then use Chrome, the opt-out will not be active in Chrome. To opt out in Chrome, you will need to repeat the opt-out process.

The opt-out does not block or delete cookies, or prevent the use of cookies or other technologies for purposes other than selecting ads based on your interests as inferred by your online behaviour. If you opt-out, data may still be collected about your web browsing activities and you will still see advertising. Ads may be selected, for example, based on the content of the web page in which they are shown. If you wish to block or delete cookies altogether, you can use web browser settings to do so.

Please note that third parties (including, for example, providers of external services like web traffic analysis services) may also use cookies, over which We have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of Our Site(s).

To find out how to allow, block, delete and manage the cookies on all standard web browsers, please go to www.aboutcookies.org.

If you use a Device to browse Our Site(s) or other sites that use cookies, please refer to your handset manual for guidance.

ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act.

CHANGES TO OUR PRIVACY POLICY

Any changes We may make to Our privacy policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to Our privacy policy.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to [email protected] This Privacy Policy is effective and was last updated on 31 March 2018.

TERMS AND CONDITIONS

GENERAL INFORMATION

NATURAL EARTHY MAMA PRODUCTS

These Terms & Conditions (“these Terms”) contain the terms and conditions on which we supply content, products or services listed on www.naturalearthymama.com (the “Website”), or via other delivery methods to you (the Website and such content, products, services are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of NEM).

Please read these terms and conditions, carefully before ordering any Products from the Website or third party stores. The terms “Natural Earthy Mama”, “NEM,” “us” or “we” or “I” refers to Natural Earthy Mama.

The term “Device” refers to the device which is used to access the Products including but not limited to computers, smart phones and tablets. The term “you” refers to the user of the Products. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.

Our contact email address is [email protected] All correspondence to NEM including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.

BASIS OF LICENSE

(a) These Terms and the Order set out the whole agreement between you and us for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall take precedence.

(b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Products. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an authorised officer of Adaptology.

(c)As part of your use of the products, you affirmatively consent to the processing and storage of your personal information, including the processing of payments and tracking individual use of the products.  By using these products you acknowledge that you understand and agree that other countries may not have the same level of protections for your personal information that exist in your country of residents and you nonetheless consent.  We will take measures as required to comply with applicable law regarding the transfer, storage and use of certain personal information.

CHANGES TO TERMS

NEM reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on the website. Any changes or updates will be effective immediately upon posting to the website.  Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Products or email.

MEMBERSHIPS AND SUBSCRIPTIONS

BECOMING A MEMBER

(a) You may sign up as a registered user of the Products free of charge for a specific period (a “Member”). To become a Member you need to go to the relevant section of the website, then submit your email address to us, and create a username and password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device.

(b) In the course of your use of the Products, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). This User Information may include information from your Facebook and similar social networking profiles. Our information collection and use policies with respect to the privacy of such User Information are set out in the Adaptology Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

(c) By placing an Order through the Products, you warrant that:

(i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Products does not violate any applicable law or regulation.

ONCE A MEMBER

You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.

USE OF NEM BY MINORS

You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.

MEMBERSHIP

As a NEM Member you will receive access to certain sections, features and functions of the Products that are not available to non-members.

By agreeing to become a Member you opt-in to receiving occasional special offers, marketing, survey and Product based communication emails. You can easily unsubscribe from NEM emails by following the opt-out instruction in these emails. NEM memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

SUBSCRIPTIONS

NEM Members may access the Products in two ways:

(i) “Basics” Free Trial: a free-of-charge programme, which gives unlimited access to seven days of our ”Bronze Programme”

(ii) Paid Subscription: a subscription fee-based programme, which gives access to all content including and beyond the Free Trial. You may have access to a free trial period of the subscription program in accordance with certain promotional offers. All subscription services provide access through the Products. You can become a subscriber by purchasing a subscription to the Products from the Website.

NEM offers monthly and annual subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.

Our “Monthly” subscription is paid in monthly instalments. For each month that your monthly subscription is active, you acknowledge and agree that NEM is authorized to charge the same payment method as was used for the initial subscription fee or other payment method as set out below in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds will not be permitted for any partial-month subscription period.

Our “Yearly” subscriptions are paid for by an upfront one-off payment with automatic annual renewals. You acknowledge and agree that NEM is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the renewal subscription fee(s) at the effective rate in effect at the time of any such renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. . Refunds will not be permitted for any partial subscription period.

You may cancel automatic renewals of your subscription at any time by emailing [email protected]

You agree to promptly notify NEM of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

In the course of your use of the Products, NEM and any third party payment service provider it uses may receive and implement updated payment information information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to NEM and NEM’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. We are not responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through NEM for commercial purposes.

CHANGING FEES AND CHARGES

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Products. We will notify you at least 30 calendar days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription in your account settings or by emailing [email protected]

CANCELLATION OF SERVICES

CANCELLATION BY YOU

(a) You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by visiting Membership Subscriptions or emailing [email protected]

(b) You may cancel our Yearly subscription plans within the 14-day money back guarantee offer. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 14-day money back guarantee.

CANCELLATION BY US

We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying, download or resale of audio or video content from the Products.

PROMOTION CODES

Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the rate in effect at the time of renewal for the type of subscription purchased.

PROHIBITED USE OF THE PRODUCTS

You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.

You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.

By breaching the provisions of this section, you may commit a criminal offence under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.

MATERIALS OFFERED THROUGH THE PRODUCTS

COPYRIGHT

(a) All materials (including software and content whether downloaded or not) contained in the Products are owned by NEM (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms (and any other relevant terms and conditions provided to you) without our prior written permission.

(b) You acknowledge and agree that certain materials on or in the Products are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of these terms against you.

(c) Audio or video content from NEM not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.

(d) The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libellous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.

(e) A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by NEM through the Products that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), NEM grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.

(f) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other and may be subject to liability for such unauthorized use. NEM will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

AVAILABILITY OF PRODUCTS

Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at [email protected] and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.

Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing [email protected]

USER MATERIAL

The Products may let you submit material to us: for example, you may be able to upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the Products. You may be able to upload video, images or sounds. In these Terms, we use the term “User Material” to refer to any publically available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Products.

This section sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.

We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.

We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches these terms or any applicable laws and we may do this with or without giving you any prior notice.

We may link User Material or parts of User Material to other material, including material submitted by other users or created by NEM or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise NEM. You acknowledge that we may indirectly commercially benefit from use of your User Material.

Each time you submit User Material to us, you represent and warrant to us as follows:

(a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract.

(b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.

(c) Your User Material does not advertise any product or service or solicit any business.

(d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.

(e) You will not collect usernames and/or email addresses of users for the purpose of sending unsolicited email.

(f) You will not engage in criminal or tortious activity, including fraud, spamming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.

(g) You will not engage in any automated use of the system, such as using scripts to alter our content.

(h) You will not, without authorization, access, tamper with, or use non-public areas of the Products, NEM’s computer systems, or the technical delivery systems of NEM’s providers.

(i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other NEM system or network or breach any security or authentication measures.

We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.

User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant NEM an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. NEM may include your User Material in NEM’s Distribution Content that is made available to others through the Products. Be aware that NEM has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify NEM and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.

Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to NEM an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that NEM has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify NEM and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

LINKS TO WEBSITES/HOME PAGE

We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless you have written permission to do so from NEM. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Products other than that set out above, please address your request to [email protected]

PRODUCTS DISCLAIMER

The information contained in the Products is for general information purposes only. While we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

GENERAL TERMS AND CONDITIONS

NZ Law applies.

ASSIGNMENT BY US

NEM may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

INDEMNITY BY YOU

You agree to defend, indemnify and hold NEM and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Products, your placement or transmission of any message, content, information, software, or other submissions through the Products, or your breach or violation of the law or of these Terms. NEM reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate fully with NEM defence of such claim.

WARRANTIES AND LIMITATIONS

(a) We warrant to you that any Product purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.

(b) We warrant that we will use reasonable skill and care in making the Products available to you during your subscription.

(c) Nothing in these Terms shall exclude or in any way limit NEM’s liability for: fraud; death, illness or personal injury caused by negligence; or liability to the extent the same may not be excluded or limited as a matter of law.

(d) The Products and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Products or their content. We assume no liability or responsibility for any errors or omissions in the content of the Products, or any failures, delays, or interruptions in the provision of the Products. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Products to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Products. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Products. We make no warranties or representations that your use of content and information posted on the Products will not infringe rights of third parties.

(e) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.

NO WAIVER

If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

FORCE MAJEURE

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

INTERPRETATION

In these Terms, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

ELECTRONIC COMMUNICATIONS

(a) Applicable laws require that some of the information or communications we send to you should be in writing. When using the Products, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Products. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

(b) In order to retain a copy, please select “Print,” and select the appropriate printer. If you do not have a printer, you can copy the text and the underlying agreement(s) and paste them into a new document in a word processor or a text editor on your computer and save the text.

(c) You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at [email protected]

(d) We may charge you a reasonable service charge to mail you a paper copy of any communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. Please be sure to state that you are requesting a copy of the particular communication.

(e) To receive and view an electronic copy of the communications you must have the following equipment and software:

(i) A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.

(ii) an Internet web browser which is capable of supporting 128-bit SSL encrypted communications, JavaScript, and cookies. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements.

(f) To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text and paste the text into a new document in the word processor or text editor and save the text.

(g) You can also contact us via email at [email protected] to withdraw your consent to receive any future communications electronically, including if the system requirements described above change and you no longer possess the required system. If you withdraw your consent, we may terminate your use of the Products.

(h) We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.

NOTICES

Unless otherwise specifically indicated, all notices given by you to us must be given to NEM at [email protected] We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in these terms. Notice will be deemed received and properly served immediately when posted on the Products or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.

ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.

THIRD PARTY RIGHTS

A person who is not party to these Terms will not, subject to the provisions of these terms, have any rights under or in connection with these Terms.

OUR LIABILITY

(a) We will use reasonable endeavours to remedy faults in the Products. If we fail to comply with these Terms, we will be liable to you only for the purchase price of the Products in question. In addition, we will not be liable for:

(i) Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).

(ii) Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Products, or from transmissions via emails or attachments received from us.

(iii) Any use of websites linked to the Products but operated by third parties.

(b) To the extent permitted by law, NEM and its affiliates, suppliers, clients, or licensors (collectively, the “Protected Entities”) shall not be liable for any consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Products or the content, materials and functions related thereto, your provision of information via the Products, or lost business or lost sales, or any errors, viruses or bugs contained in the Products, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Products. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms of use or your use of the Products exceed, in the aggregate, the amount, if any, paid by you to NEM for your use of the Products.

13.15 SEVERABILITY

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

 

These Terms are effective and were last updated on 1 April 2018.

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