Terms and Conditions

ThoughtFull ™ NZ Limited / Terms & Conditions

These terms and conditions (“Conditions”) were last updated November 2023.

Website

This website, thoughtfulldesign.com (the “Website”) is operated by Thoughtfull NZ Limited (“Thoughtfull”, “we”, “us”, “our”).

These Conditions, which incorporate our Privacy Policy found here apply to all users of our Website. IF YOU DO NOT AGREE TO ABIDE BY THESE CONDITIONS, THEN YOU MUST STOP BROWSING, ACCESSING OR USING THE WEBSITE.

Amendments to these Conditions

We reserve the right to revise these Conditions at any time and will notify you by posting an updated version on our Website. It is your responsibility to regularly review these Conditions to see any updates or changes. Your continued access and use of our Website and/or services following notification of any changes will constitute acceptance of those changes. If you do not agree with any aspect of the updated Conditions, you must immediately cease all use of our Website and services.

Conduct of users

In accessing and using the Website, you acknowledge and agree that you will not do any of the following:

  • access or use any of the Website or its Content for the purposes of competing with us;
  • provide us with information that is inaccurate, misleading or false;
  • encourage or transmit any Content that is Objectionable;
  • abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the rights (such as rights of privacy and publicity) of others;
  • upload or transmit Content that infringes the Intellectual Property Rights of any person;
  • impersonate any other user;
  • manipulate, access or otherwise interfere with, without authority, any part of the Website, or post or transmit any Content that contains any virus, malware, spyware or other destructive component;
  • harvest or collect any Content either manually or via an automated software tool;
  • transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us;
  • reproduce the Website, its Contents, or our intellectual property in any way, including by use of proxy servers; or
  • any other conduct that otherwise breaches these Conditions.

Without prejudice to any other rights and remedies available to us (including taking legal action against you), if we consider (in our sole discretion) that you have engaged in any unauthorised reproduction, distribution or public display of the Website, its Content or any Intellectual Property Rights (whether in whole or in part), or otherwise have breached these Conditions, we may immediately and without written notice to you, suspend or terminate your access to the Website (or any part of the Website). On suspension or termination, you must immediately cease using the Website and its Content (including any Intellectual Property Rights) and must not attempt to gain access to the Website or its Content.

Ownership of Content and intellectual property

We or our licensors, our affiliated companies or business partners own all Intellectual Property Rights in the Website and Content (excluding any third party Content, which belongs to the relevant third party), including any modifications or enhancements to the Website and Content. You must not use or reproduce any Content or Intellectual Property Rights published on or provided on or through the Website without our prior written permission.

Information on the site

We reserve the right to, at any time and without notice to you:

  • update and amend any Content on the Website; and/or
  • discontinue the Website.

The Content on our Website is provided without any express or implied warranty of its correctness or completeness.

User-generated content

All materials (including data, images, sounds, text and other content), information or other communications submitted by users (“User-generated Content") on or to the Website or to us via email or telephone will be considered non-confidential. In relation to any User-generated Content you submit to us or the Website, you:

  • warrant that you are the owner of the content or are otherwise authorised or licensed to provide it to us;
  • warrant that the content is not Objectionable;
  • grant us a non-exclusive, worldwide, perpetual, royalty free licence to use and republish your content for any purpose, in any format and to exercise all copyright, moral and publicity rights relating to your content.

We reserve the right to delete, edit or move any User-generated Content uploaded and/or published which is, in our sole discretion, Objectionable. Any views expressed in any User-generated Content do not necessarily represent our views or values.  If you believe that any User-generated Content is Objectionable, or if you would otherwise like to complain about it, you can contact us at privacy@thoughtfulldesign.com.

Links to other websites

Our Website may contain links to other websites that are not operated, controlled or maintained by us and are provided for your convenience only. If you access any such links, you do so at your own risk and to the maximum extent permitted by law we will not be responsible or liable for the contents of the linked third-party websites.

Any link to other websites does not constitute sponsorship, endorsement, or approval by us of the content, policies, or practices of such websites.

Liability

To the maximum extent permitted by law, we will not be responsible or liable to you or any other person, in any event for any loss or damage (including for loss of income, business interruptions, loss of data, operational failures or similar losses) including:

  • in relation to your access and use of the Website, including if the Website is unavailable (in whole or in part);
  • in connection with any errors, omissions or misstatements in any material or Content on the Website;
  • in relation to any communications between us and you that is made without the use of our digital signatures or where any such communications have been modified or changed or distorted;
  • resulting from any breach of these Conditions by any other party using this Website.

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).

Warranties, conditions or obligations may be implied or imposed by the Consumer Guarantees Act 1993, which cannot be excluded, restricted or modified. This clause is not intended to limit your rights under that Act, except where you use the Website for business purposes, in which case we:

  • to the extent permitted by law, expressly contract out of all provisions of the Consumer Guarantees Act 1993; and
  • will not be liable to you 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 you to us.

Invalidity

Should any part of these Conditions be deemed unlawful or invalid and thus not enforceable, this will not affect the validity and enforcement of the remainder of the Conditions.

Governing Law

These Conditions are governed by and will be construed in accordance with the laws of New Zealand. You submit to the exclusive jurisdiction of the courts of New Zealand.

Defined Words

In these Conditions, the following words have these meanings:

  • “Content” means any software, data, information, picture, graphics, text, videos, icons, images, sound files and other materials published or made available on the Website, including all third party content (if any).
  • “Intellectual Property Rights” means any patent, trade mark, service mark, logo, trade name and business name (including rights in goodwill), copyright, moral right, right in a design, right in or to internet domain names, know-how, right in or to confidential information (including trade secrets) and any other intellectual property rights, whether or not registered and any similar rights worldwide.
  • “Objectionable” means content that is or is reasonably likely to be defamatory, harmful, offensive, upsetting, obscene, inappropriate, false, misleading, unsuitable for persons under the age of 18 years, in violation of any law or regulation, or otherwise considered by us as being objectionable.

Last Updated: November 2023