Terms of use

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‍STICKYBEAK WEBSITE TERMS OF USE

Updated: 20 March 2024

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1.              APPLICATION OF TERMS OF USE

1.1           These Terms apply to the Customer’s access and use of the Website (as those terms are defined below).

1.2           By accessing and using the Website the Customer agrees to these Terms. If the Customer does not accept or agree to these Terms, the Customer is not authorised to access and use the Website and the Customer must immediately stop browsing or accessing the Website.

1.              INTERPRETATION

1.1           Definitions: In these Terms, the following terms have the stated meaning:

Customer means the party using the Website.

Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity.  Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.

Personal Information means has the meaning given in the Privacy Act 2020.

Platform means the software platform owned by Stickybeak (and its licensors) that allows people to create Tests to gather consumer feedback.

Stickybeak means Stickybeak Limited.

Terms means these terms of use.  

Underlying Systems means any network, system, software, data or material that underlies or is connected to the Website.

Website means the website at www.stickybeak.co, or such other site notified to the Customer by Stickybeak.

2.              CHANGES

2.1           Stickybeak reserves the right to change these Terms at any time without notice or liability. Unless stated otherwise, any change takes effect immediately. By continuing to access and use the Website, the Customer agrees to be bound by the changed Terms. The Customer is responsible for ensuring the Customer is familiar with the latest Terms.

3.              CUSTOMER OBLIGATIONS

3.1           The Customer must provide true, current and complete information in its dealings with Stickybeak  (including when setting up an account on the Platform), and must promptly update that information as required so that the information remains true, current and complete.

3.2           The Customer must:

(a)            not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website, the Platform, or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and

(b)            obtain Stickybeak's written permission to establish a link to the Website.  If the Customer wishes to do so, the Customer must email its request to support@stickybeak.co.  

4.              INTELLECTUAL PROPERTY

4.1           Stickybeak owns all Intellectual Property Rights in the Website and the Underlying Systems. Unless stated otherwise in writing by Stickybeak, the Customer is permitted to view the content displayed on the Website only, and the Customer must not copy or use any material on the Website, or in any way deal with the Website, other than as promoted by Stickybeak on the Website. The Customer is only permitted to use the material on the Website for its own individual use.

4.2           In particular but without limitation, the Customer must not make any use of any trademarks displayed on the Website (whether Stickybeak's or a third party’s) without Stickybeak's prior written consent.  All trademarks and copyright notices as they appear on the Website must be included in any copy the Customer makes. Unless expressly stated in the Website, the Customer must not adapt or amend any part of the material without the prior written consent of Stickybeak.

4.3           The Customer agrees not to assert any Intellectual Property claims against Stickybeak regarding any content displayed on the Website.

5.              EXCLUSION OF LIABILITY

5.1           To the maximum extent permitted by law, Stickybeak will not be responsible or liable to the Customer or any other person for any loss or damage incurred by the Customer (whether direct or indirect) in relation to the Customer’s access and use of the Website, including if the Website is unavailable (in whole or part) or performing slowly, in connection with any errors, omissions or misstatements in any material on the Website; or, resulting from any breach of these Terms by anyone else.

5.2           This exclusion applies regardless of whether our responsibility or liability arises in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage).  

5.3           If the Customer is using the Website for business purposes, Stickybeak:

(a)            to the extent permitted by law, expressly contract out of all provisions of the Consumer Guarantees Act 1993 (CGA); and

(b)            will not be liable to the Customer in any event, whether in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage) for any loss of goodwill or loss of profits for an amount in excess of the amount paid by the Customer to Stickybeak.

6.              INDEMNITY

6.1           The Customer agrees to indemnify Stickybeak and Stickybeak's administrators, officers and employees against all loss and damages suffered or incurred in connection with any claim brought by a third party against Stickybeak arising from a breach by the Customer of these Terms.

7.              DISCLAIMER

7.1           Stickybeak makes all reasonable efforts to ensure the information published on the Website is as accurate and up-to-date as possible. However, all material on the Website is provided “as is”. All warranties, representations or conditions whether implied by statute, law, trade or custom which would otherwise apply to this material are excluded to the fullest extent permitted by law.

7.2           Stickybeak makes no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries.  The Customer is responsible for ensuring that its access to and use of the Website is not illegal or prohibited, and for the Customer’s own compliance with applicable local laws.

8.              PRIVACY POLICY

8.1           The Customer agrees and accepts the terms of the privacy policy found on the Website, and that this policy governs Stickybeak's use of the Personal Information Stickybeak receives about the Customer as an individual.

9.              SUSPENSION AND TERMINATION

9.1           Without prejudice to any other rights and remedies available to Stickybeak, if Stickybeak considers that the Customer have breached these Terms, Stickybeak may immediately and without written notice to the Customer, suspend or terminate the Customer’s access to the Website (or any part of the Website).

9.2           On suspension or termination, the Customer must immediately cease using the Website and must not attempt to gain access to the Website.

10.           GENERAL

10.1        The Website may contain links to other websites. Stickybeak is not responsible for the content, accuracy or opinions expressed in such other websites, which are not investigated, monitored or checked for accuracy or completeness by Stickybeak. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website. If the Customer decides to leave the Website and access third party sites, the Customer does so at the Customer’s own risk.

10.2        Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 5.1 to 7.1.

10.3        These Terms (and any other terms we display on the Website) constitute the entire agreement between the Customer and Stickybeak with respect to the Customer’s use of the Website, and replace all prior understandings or agreements, written or oral, regarding the same.

10.4        If any provision of these Terms is found to be legally invalid or unenforceable, that will not affect the validity or enforceability of the remaining provisions of these Terms which remain in full force and effect.

10.5        Any failure by Stickybeak to insist upon or enforce strict performance of any of these Terms will not be construed as a waiver of any right or remedy Stickybeak may have in respect of any existing or subsequent breach of these Terms.

11.           JURISDICTION

11.1        These Terms are governed by and construed in accordance with the laws of New Zealand. The parties irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.

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