Website Terms & Conditions and Privacy Policy

A bit of an overview

This website is operated by us – Generator New Zealand Ltd [Generator] – an awesome team of deeply dedicated people who are always trying to do the right thing. That includes letting you know what’s going on, how it affects you and what you can do about it.

We humbly offer this website, including all information, tools and services available from this site to you, fair user, conditional upon your acceptance of all the simple terms, conditions, policies and notices stated here.

Did you know that, even by simply visiting our site, you are engaging in our “Service”? Yes, even by just browsing – and therefore you are agreeing to be bound by the following terms and conditions of service (T’s & C’s], including any additional T’s & C’s or policies referenced here, on the rest of the site and/or made available by hyperlink. This is why you should read on, fair user, read on.

Any new features or tools that are added to the current site shall also be subject to these T’s & C’s. You can review the most current version at any time on this page. We reserve the right to update, change or replace any part of these by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By agreeing to these T’s & C’s, you represent that you are at least the age of majority and that you have given us your consent to allow any of your minor dependents to use this site.

You may not use our site or its contents for any illegal or unauthorised purpose. Nor may you, in the use of the Service, violate any laws (including but not limited to copyright laws).

You must definitely not transmit any worms or viruses or any code of a destructive nature.

Any breach or violation of any of the Terms will result in an immediate termination of your Services. You have been warned.

 

General terms and conditions

We reserve the right to refuse service to anyone, for any reason, at any time.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. Ask nicely, you never know…

We are not responsible if information made available on this site is not accurate, complete or current.  We do try – but we are also human. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Get an expert in. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. Do you have the free time?

We do not warrant that the quality of information, or other material will meet your expectations, or that any errors in the Service will be corrected. But do feel free to give us a heads-up if you spot something.

We may, from time to time, provide you with links to third-party sites over which we neither monitor nor have any control nor input. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

You acknowledge and agree that we provide access to such sites and tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party sites or tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Yes – more of these to read.

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service


Feedback

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

All good?

 

Your personal information

Your submission of personal information through the site is governed by our Privacy Policy. To view our Privacy Policy.

 

Prohibitions

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose [no, no, no…]; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. And we would. But you’re not that sort of person are you…?

 

Disclaimers

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. But really, what in life is?

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Generator, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.  Basically our liability shall be limited to the maximum extent permitted by law.

 

Indemnification

You agree to indemnify, defend and hold harmless Generator and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. It was not and never will be our fault – OK?

 

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. Feel free to write and tell us.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts [if any] due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

Privacy Policy

Concerned with how your ‘Personally Identifiable Information’ (PII) is being used online? Read on. PII is information that can be used on its own or with other information to identify, contact, or locate a single person [you], or to identify an individual in context. It is the way of the modern world but please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your PII when you visit our website.

 

What personal information do we collect from the people that visit our website – or our blog?

Well, when requesting information or registering on our site for something like our newsletter, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help us deliver you a great experience.

 

When do we collect that information?

We collect information from you when you subscribe to our newsletter, respond to a survey, fill out a form or enter information on forms on our site.

 

How do we use your information?

We may use the information we collect from you when you register, sign up for our newsletter, respond to a survey or marketing communication, hang out on the site, or use certain other site features in the following ways:

  • To improve our website in order to be even better for you.
  • To allow us to be amazing at responding to your requests.
  • To run a contest, promotion, survey or other site feature.
  • To send emails about what we do.
  • To follow up with you after correspondence (email or phone inquiries)

 

How do we protect your information?

Your personal information is contained behind secured networks and is only accessible by a very limited number of people who have special access rights to our systems, and are required to keep the information confidential. It’s in their contract. In addition, any sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

 

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognise your browser and capture and remember certain information. We might use cookies to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We mostly use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We can use cookies to:

  • Understand and save preferences for future visits.
  • Keep track of advertisements we run.
  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

Heads up though: You can choose to have your computer warn you each time a cookie is being sent, or you can even choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

 

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential.

Of course the exception is the law – we would also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for our marketing, advertising, or other uses.

Of course, if at any time you would like to unsubscribe from receiving any emails, you can email us and we will promptly remove you from ALL correspondence.  

 

Contacting Us

If you have any questions about our privacy policy, give us a call.

 

The entire thing

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

 

Changes

You can review the most current version of the T’s & C’s at any time at this page. We reserve the right, at our discretion, to update, change or replace any part of them by posting updates and changes. It’s your responsibility to check our site periodically for changes. Your continued use of or access to our site or the Service following the posting of any changes to these T’s & C’s constitutes acceptance of those changes. So keep up with the reading. We look forward to seeing you next time.

 

Contact info:

Questions – and let’s be honest, you’d be the first – about these T’s & C’s should be sent to us at [email protected]