Hustle website –Terms of Use as at 7 May 2018

 

1. Definitions

In these Terms:

“Intellectual Property Rights” means any patent, rights in any patent, utility model, registered design, unregistered design right, industrial design, domain name rights, copyright (including any right in software),mask work rights, moral rights, database right or topography right, and any trade secret, trade mark or service mark, logos, trade or business name, goodwill, or rights in Confidential Information and knowhow, and any associated or similar rights (whether or not these have been registered) and in all cases including applications for registration of such items.

“IT infrastructure” means any network, system, software, data or other material that connects, supports, facilitates, or is generated in relation to the Website.

“Loss” includes loss of profits (whether direct or indirect in nature), savings, revenue or data, and any other damage, loss, liability or costs (including legal costs on a solicitor and own client basis) whether direct or indirect or consequential.

“Our", "we", "us" or "Hustle " means Hustle New Zealand Limited trading as “Hustle” or any Related Company (as defined in Section 2(3) of the Companies Act 1993).

“Personal information” means information about an identifiable individual (a natural person).

"Service" means the service we make available, i.e. your access to and use of the Hustle website.

“Terms” means these terms and conditions of access and use in relation to the Hustle website.

“User ID” means, if applicable, a unique name and/or password allocated to you to allow you to access certain parts of the Hustle website.

Y(y)ou" means you, the person or any other person or  other legal entity using the Service.

 

2. Terms and their application

2.1 By accessing and using the Hustle Website:

  • a. you agree to these Terms; and
  • b. if  you are accessing and using it  on behalf of another person or legal entity , you acknowledge  that you are authorised to agree to these Terms on that person’s or other legal entity’s  behalf, and as a result  that person or other legal entity is bound by these Terms.

2.2 If you do not agree to these Terms, you are not authorised to continue use the Service and you must immediately cease use.

 

3. Your information and User ID-your obligations

3.1 Where you provide information to us in your engagement with us pursuant to the Hustle website you must provide accurate and correct information and update that information as soon as practicable where required. Any of your information that is Personal Information will be managed and processed by us in accordance with our Privacy Policy, see [ADD LINK].

2. If applicable and we issue you a User ID, you must:

  • a. keep your User ID secure; and
  • b.not disclose nor permit any other person to use your User ID and  immediately notify us if you become aware of any disclosure or unauthorised use of your User ID by emailing us at support @hustleNZ.com.

4.  User prohibitions and restrictions

You 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 Hustle website or any IT infrastructure  or otherwise attempt to damage or interfere with the Hustle website or any IT infrastructure;
  • b. access the Website via standard web browsers only and not by any other method  including, without limitation,  scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method; and
  • c. obtain our prior written permission to establish any link to the Hustle website by emailing and obtaining permission at support@hustleNZ.com. If permitted, the link must not be presented on your website in any context that implies that Hustle or the Hustle website has an association with your site or endorses your website or product or services Any use of our logos or other Intellectual Property rights must be also be addressed in the email request for permission you send to us.

 

5. Intellectual Property Rights

5.1 We (and our licensors or service providers ) own all applicable Intellectual Property Rights in the Hustle website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the IT Infrastructure.

 

6. Disclaimers

6.1 To the extent permitted by law, we and our licensors or service providers have no liability to you or any other person or legal entity for any Loss in connection with:

  • a. the Hustle website being unavailable (in whole or in part) or performing slowly;
  • b. any error in, or omission from, any information made available through the Hustle website;
  • c. any exposure to viruses or other forms of interference which may damage your computer system(s) or device(s) or expose you to illegal conduct when you access or use the Hustle website. You are responsible for ensuring the computer system(s) or device(s) or access process you use to access and use  the Hustle website are secure from such risks; and
  • d. any site we link from the Hustle website. Any link on the Hustle website to other websites does not imply any Hustle approval or recommendation of or responsibility for those websites or their contents or operation or products or services set out therein.

6.2 In relation to any user of the Service, we disclose that for any engagement by you with us it will be in relation to a trading business operating in New Zealand that is governed by New Zealand laws and regulations including health and safety and tax legislation and regulations. We make no representation or warranty that the Service is available for use in other countries or that its content satisfies the laws of other countries. You are responsible for ensuring that your access to and use of the Service is not illegal or prohibited and for your own compliance with applicable local laws.

 

7. Liability

7.1 To the maximum extent permitted by law:

  • a. you access and use the Website  at your own risk; and
  • b. we are not liable or responsible to you or any other person or legal entity for any Loss under or in connection with any attempted or actual access or use of the Hustle website or arising in relation these Terms, whether the basis of that claim or action arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

7.2 To the maximum extent permitted by law and only where clause 7.1 is determined by law to not apply, our total liability to you under or in connection with any Loss under or in connection with any attempted or actual access or use of the Hustle website or arising in relation these Terms, based on a claim or action arising in contract, tort (including negligence), equity, breach of statutory duty or otherwise, shall not exceed $NZD 500.

7.3 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses the Hustle website by using your   User ID.

 

8. Suspension and termination

8.1 Without prejudice to any other rights available to us, if we consider that you have breached these Terms or we otherwise reasonably consider it appropriate or necessary (such as likely or actual threat to the integrity or functioning of the Hustle website), we may immediately, and without notice or liability, restrict, suspend or terminate your access to the Hustle website (or any part of it).

8.2 On suspension or termination, you must immediately cease using the Hustle website and must not attempt to gain further access.

 

9. General

9.1 If we need to contact you, we may do so by email or by posting a notice on the Hustle website.

9.2 These Terms and any dispute relating to these Terms or the Hustle website are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of New Zealand in relation to any dispute connected with these Terms or the Hustle website.

9.3 Any waiver of a right or obligation under these Terms must be in writing.

9.4 Clauses herein which, by their nature, are intended to survive termination of these Terms shall continue in force.

9.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.

9.6 These Terms constitute the entire agreement between you and us and relating to our provision, and your use, of the Hustle website and supersede any verbal or written (including in electronic form) exchanged or agreed prior to your acceptance of these Terms (per Section 2.1). You expressly acknowledge that you  have not relied on any representation, warranty or agreement relating to the Hustle website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you accepted these Terms (per Section 2.1).

 

10. Changes

10.1 We may change these Terms at any time by updating them on the Hustle website and unless stated otherwise, a change takes effect immediately.  You are responsible for continually ensuring you are familiar with the latest Terms.