Terms of Use
Last updated: 28 April 2023
Introduction
Welcome to Crayon! Before you start using Crayon, please read and accept these terms of use.
These terms, once agreed, are our contract with you. They include our commitment as a service provider and your obligations as a customer.
This website is owned and operated by Crayon Limited (company number 8130252) (Crayon, us, we or our).
Crayon offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here (Terms).
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
If you still have questions or comments after you’ve read these terms, we welcome your enquiries at hello@gocrayon.com.
Section 1 - Application of Terms
1. By accessing and using our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
2. If you can’t agree to our Terms, you can’t use the Services.
3. 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.
Section 2 - Changes to Terms
4. You can review the most current version of the Terms at any time on this page.
5. We may need to update these Terms from time to time, including when necessary, to reflect changes to Crayon, updates to the Services or any changes in the law. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website.
6. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
Section 3 - Your Obligations
7. In addition to other prohibitions in these Terms, you are prohibited from using the site or its content:
for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
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 Services or of any related website, other websites, or the Internet;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
8. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
9. You indemnify us in respect of any loss, damage, liability, cost and/or expense (including legal costs on a solicitor and own client basis) we suffer or incur as a direct or indirect result of your failure to comply with these Terms.
Section 4 - User Comments, Feedback and Other Submissions
10. 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.
11. 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.
12. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
13. 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 Services 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.
Section 5 - Personal Information
14. Your submission of personal information through the use of the Services is governed by our Privacy Policy. To view our Privacy Policy, please click here.
Section 6 - Intellectual Property Rights
15. All proprietary and intellectual property rights in the Services are owned by us or our licensors, including all content, information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel (Crayon IP).
16. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us.
Section 7 - Modifications to the Services and Prices
17. The price of any products and/or services or any other charges shown on Crayon are in New Zealand dollars unless expressly stated otherwise.
18. Prices for our Services are subject to change without notice.
19. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer.
20. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
21. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of all or part of the Services.
Section 8 - Disclaimers
22. The content made available on the Services has been prepared solely for informational and educational purposes. Any information provided and services described in the Services are intended to be of a general nature and provide general information only.
23. The opinions expressed by Crayon do not constitute investment advice and are not to be viewed as investment or financial advice. They do not take into account your investment needs or personal circumstances. Independent advice should be sought where appropriate. Should you require financial advice you should always speak to a financial adviser.
24. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your 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. Past performance is not a guarantee of future performance.
25. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any third party for any loss, liability, damage, cost or expense however caused (whether direct, indirect or consequential) in relation to:
The Services being unavailable (in whole or in part) or performing slowly;
Any error in, or omission from, any information made available through the Services;
Any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Services. To avoid doubt, you are responsible for ensuring the process by which you access and use the Services protects you from this.
26. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we cannot guarantee that the Services will be free of faults.
27. We reserve the right to make corrections and changes to the Services at any time without notice (including to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms or allow for repairs, maintenance or the introduction of new functionality on the Services).
Section 9 – Third Party Links
28. Certain content, products and services available via our Services may include materials from third parties.
29. Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating their 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.
30. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. 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.
Section 10 - Limitation of liability
31. To the extent permitted by law, we are not liable or responsible to you or any third party (whether arising in contract, tort (including negligence) or otherwise) for any loss, liability, damage, cost or expense however caused (whether direct, indirect or consequential) under or in connection with these Terms, the Services, or your access and use of (or inability to access or use) the Services.
32. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.
33. To the maximum extent permitted by law and only to the extent clauses 31 and 32 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Services, or your access and use of (or inability to access or use) the Services, shall not exceed NZD100.
Section 11 - Suspension and Termination
34. Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Services (or any part of the Services).
35. On suspension or termination, you must immediately cease using the Services and must not attempt to gain further access.
Section 12 - Severability
36. 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.
Section 13 - Governing Law
37. These Terms are governed by New Zealand law and the Courts of New Zealand have non-exclusive jurisdiction in relation to any dispute arising out of or in connection with these Terms or your use of any Services.
Section 14 - General
38. If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
39. For us to waive a right under these Terms, the waiver must be in writing.
You’ve made it to the end. Thanks for reading our terms!