Website and Event Products Terms and Conditions
By accessing the CluedUp website, CluedUp’s ActionTrack mobile application, the Virtual Social Club and any event products, you agree to the terms following. If you disagree with any part of the following terms, you are not allowed to use our website, mobile app or event products.
Definitions of terms
“We”, “us” and “our” refer to Clued Up Limited, trading as CluedUp.
“Event products” means any events created by CluedUp, irrespective of how the event products are delivered: live events, events delivered virtually, online or via mobile app or a do-it-yourself event (DIY event) delivered digitally or by post.
“You” means any user of the CluedUp website (cluedup.co.nz), the CluedUp ActionTrack mobile app or any CluedUp event products.
CluedUp event products: no copying, all rights reserved
All our event products are strictly protected. The contents of CluedUp event products are the property of Clued Up Limited. Any rights not expressly granted are reserved. You may not, reproduce, store, copy, distribute, modify, transmit, reuse or deface any part of any CluedUp event products without our prior written permission.
Don’t use our software or trademarks
Intellectual property rights in any software we supply for use in connection with our event products remain our property. You must not deal, disassemble, reverse engineer or interfere with the software in any other way. Any software we supply remains the property of Clued Up Limited, and you must not dispute the ownership of the software or sell, lease, charge for or lend the software.
“CluedUp” is a trademark belonging to Clued Up Limited. You acknowledge that any and all of the trademarks, trade names, logos, copyrights, patents and any other related intellectual property rights will remain the sole property of Clued Up Limited. Other product and company names mentioned on this page or on our websites may be trademarks or trade names of their respective owners.
All our websites and event products: very, very good but not perfect
The CluedUp website and event products and their content are provided as a convenience and service to you. We do not warrant that our public website, events or our mobile app are error-free or that access to them will be uninterrupted. We reserve the right to revise our website and event products or withdraw access to them at any time.
The information on our website (including the information on this web page) is subject to change without notice.
No warranty of any kind, either express or implied, is made about the availability, accuracy, reliability or content of our website or any event products.
We are not liable for any direct, indirect, incidental, special or consequential damages, personal injury, insurance claims, lost profits (including legal expenses, loss of use of funds and charge-backs) or for business interruption arising out of your use of our website or any event products, or your inability to use this website or any event products.
To the extent permitted by law you agree to release, waive, discharge and hold blameless CluedUp and CluedUp staff and all persons entities and contractors connected to CluedUp from any and all liability for death, disability, personal injury (including mental injury), property damage, property theft, loss of personal equipment and all other risks, claims or actions of any kind (including negligence) whatever and however occurring which may arise, at any time, from or in connection with, directly or indirectly, as a consequence of your use of our website, mobile app or any event products.
You accept that there are risks and hazards associated with your use of our website, mobile app and the event products. You also confirm that all persons that use our website, mobile app or event products from your organisation have been informed about the terms of this waiver and in undertaking the activities, have similarly agreed to accept that there are risks and hazards associated with the activities and to accept the terms of this waiver.
Any warranty or guarantee that might otherwise be implied by statute or common law is limited to the greatest extent permitted by law.
We are not liable for any losses, costs or damages sustained by you for any failure or delay to deliver any Event or any event product, if that failure or delay is due to anything beyond our reasonable control including (but not limited to) foul weather, accidents, fire, forces of nature, acts of terrorism, war, industrial action, or inaction or action by a third party (including any government authority).
Special conditions for virtual events
We deliver our virtual events using third party platforms such as Zoom and Ohyay. By using these platforms you may be required to agree to the terms and conditions of these service providers.
When using these platforms, you may be required to, or you may choose to provide information including:
- Providing your name and an email address.
- Sending information to other users by using the chat functionality
- Sharing information with other users by using the screen share functionality
- Taking a photo using the photobooth or take a picture functionality
- Using interactive tools such as polls, whiteboards and question boards
We will only use information you provide to provide you with the best possible virtual event experience.
We may use your name and email address for the purpose of creating a registered user account. We will not share your your name and email address with anyone. We will not use your email address to send you any correspondence other than in relation to your registered user account.
We do not record any information you provide by chat, screen share, photobooth or any other interactive tools.
We will not record your virtual event unless you expressly request us to. If you do request us to record your virtual event, we will retain the recording only as required so you can access the recording.
Special conditions for DIY events and financial transactions
All payments made by you to us whether they are made via on our online payment options, by credit card or direct bank deposit or transfer are non-refundable. Any invoices issued by us cannot be cancelled after we supply a DIY Event Kit or a user code or instructions for a DIY Mobile App Event, even if the DIY Event Kit or a user code or instructions for a DIY Mobile App Event have not been used.
Our event products including our DIY Mobile App events and DIY Event Kits are provided to you for a one-off, one-time use. Our event products are non-transferable and cannot be supplied or given by you to another person or organisation without our express written permission. There is no right implied or otherwise for you to use our event products or the information and resources in our event products or to distribute the information and resources in our event products at any time to any person for any other purpose without CluedUp’s express written permission.
Special conditions for Team Box and financial transactions
You can choose either a 3 month TeamBox Subscription or a 6 month TeamBox Subscription (your Subscription Term).
Your first TeamBox is delivered to you in the month after you sign up. TeamBox is delivered to you in the first week of each month (except January). TeamBox is delivered in the third week of January.
Payment of the first month’s box is required to confirm your TeamBox Subscription.
Payment is automatically deducted from your credit card each month in advance during your Subscription Term.
All payments made by you to us are non-refundable.
At the end of your Subscription Term, your TeamBox Subscription is automatically renewed for a further Subscription Term of the same period.
You can cancel your TeamBox Subscription anytime after 3 months.
Use of our websites and server
By submitting material to any CluedUp server, for example, through email, electronic data transfer, our mobile app or the CluedUp web pages, you agree that:
- the material will not contain any item that is unlawful or otherwise unfit for publication;
- you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material;
- you authorise us to collect, retain and use any personal information provided by or concerning you (in particular your name, address, contact details and banking details) from time to time for the purposes associated with the Electronic Funds Transfer or related services and to disclose such personal information to selected third parties (in particular any banks, credit reference or debt collection agency); and
- you will not take action against us in relation to material that you submit, and you will indemnify us if any third party takes action against us in relation to the material you submit.
You are responsible for the security and proper use of your own Username, Password and any other security features relating to the use of our web sites and event products. You must take all responsible care to ensure they are kept confidential and secure at all times and not disclose them to any unauthorised user.
New Zealand law applies
Both parties hereby agree that this Legal Notice will be construed in accordance with New Zealand Law and subject to the exclusive jurisdiction of the New Zealand Court. New Zealand residents will pay GST on all products bought from our websites. If you acquire a product for business purposes, the Consumer Guarantees Act 1993 does not apply. If you access our websites from other locations, you do so of your own initiative and are responsible for complying with applicable local laws. We collect only the personal data necessary to complete your voluntary transaction with us. When you do one of our events, we sign you up to our email newsletter. You can unsubscribe from a link at the bottom of the newsletter. We may publish the name of organisations who buy our events, unless they ask us not to.