Terms and conditions
TERMS & CONDITIONS - QUBR ONLINE LIMITED
1.1 These terms and conditions apply to any videos, footage, photos, scripts, stories, overlays or other content (“Content”) that QUBR ONLINE Limited ("we", "us" and "our") licenses or otherwise makes available to you either through our website www.QUBR.co ("Website") or otherwise. These terms and conditions along with any applicable order that you submit through our Website, comprise our contract with you for the provision of the applicable Content.
1.2 You are required to register an account to order Content through our Website. It is a condition, and part, of the registration process that you confirm your acceptance of these Terms and Conditions.
2.1 All of our Content that you may license to you is contained on our Website. We upload new, and update old, Content on our Website regularly. If you have any questions about Content that is no longer accessible through our Website, please contact us.
2.2 You consent to us emailing you with updates
2.3 We may place a cap on the number of licences we grant in respect of certain Content. Once any designated cap is reached, the applicable Content will no longer be able to be accessed by you unless we agree otherwise.
- Prices and Payment
3.1 Our prices for any Content are set out on our Website. Prices between different mediums of Content will vary. We may (but are not obligated to) make selected Content available free of charge from time to time.
3.2 Unless otherwise agreed, the price will be payable in full by you prior to us providing you with access to the applicable Content.
- Intellectual Property
4.1 For the purposes of these Terms & Conditions, Intellectual Property means any intellectual and industrial property rights (including patents, trade marks, copyright, know-how and trade secrets) and all rights or forms of protection of a similar nature, whether or not registered, and (where applicable) any application to register any of these rights.
4.2 In respect of any Content made available to you, you acknowledge that:
a. we are the owner or licensee of any Intellectual Property subsisting in the Content along with any improvements in the same developed or created by a party in connection with your engagement of us;
b. nothing in these Terms & Conditions confers on you any right or interest in the Intellectual Property subsisting in any Content except as expressly provided for in clause 4.3; and
c. you will not, at any time, directly or indirectly challenge or contest (nor assist any other person to challenge or contest) our right and title to, and interest in, the Content.
4.3 We grant you a perpetual, non-exclusive, non-transferable, worldwide licence to use the Content for your commercial purposes provided that you are not permitted to sublicense, sell or lease the Content to third parties. For the avoidance of doubt, you are permitted to include, use or otherwise publish the Content in any media format that you make available to customers in the ordinary course of your business.
- Warranties and Limitation of Liability
5.1 We warrant that, to the best of our knowledge and belief the Content is original and does not infringe the copyright of any third party.
5.2 Subject to clauses 5.1 and 5.3, you acknowledge that:
a. all Content is provided "as is" and any express or implied warranties and/or representations (other than warranties or conditions which may not lawfully be excluded), including implied warranties of merchantability and fitness for a particular purpose, are disclaimed or otherwise excluded; and
b. your use of the Content is at your sole risk and responsibility.
5.3 The Consumer Guarantees Act 1993 implies terms, conditions and warranties into some contracts for the supply of goods and services and prohibits the exclusion, restriction and modification of such terms ("Prescribed Terms"). Nothing in these Terms and Conditions operate so as to exclude, limit, restrict or modify:
a. the application of the Prescribed Terms;
b. the exercise of a right conferred by any of the Prescribed Terms;
c. any other liability that may not be excluded, limited, restricted or modified under any applicable laws.
5.4 Subject to clause 5.3, we will not be liable to you or any third party (whether for breach of contract, tort, equity or on any other basis) for any loss of profits or reputation or any indirect or consequential loss, damage or injury of any kind arising out of these Terms & Conditions regardless of whether we have been advised of the possibility of such loss, damage or injury.
5.5 Subject to clauses 5.2 and 5.3, if we are deemed to be liable to you for any loss or damage of any kind whatsoever, arising from the licensing of Content by us to you whether suffered or incurred by you or another person or entity and whether for breach of contract, tort (including negligence), equity or on any other basis, then you agree that our liability is limited in its aggregate to the price of the Content licensed to you the subject of the claim.
- Termination of Licence
6.1 We may terminate any licence you have purchased with immediate effect by notice in writing if you breach any of these Terms & Conditions.
6.2 Upon termination of any licence in accordance with clause 6.1, you must immediately cease using the applicable Content; delete or destroy any copies; and, if requested, confirm to us in writing that you have complied with these requirements.
6.3 Any termination or suspension will not affect our claim for damages suffered for any breach of your obligations under these Terms & Conditions and any other legal rights we have including our ownership of any Intellectual Property subsisting in the applicable Content.
7.1 We are not liable for delay or failure to perform our obligations under these Terms & Conditions, if the cause of the delay or failure is beyond our control.
7.2 Neither you nor us may assign or otherwise transfer any rights or novate any obligations under under this contract without the prior written consent of the other party (not to be unreasonably withheld or delayed).
7.3 We may revise or amend these Terms & Conditions from time to time. If we do make any such changes we will notify you of the revised Terms & Conditions. Your continued purchase of licenses in relation to Content through the Website will be deemed acceptance by you of any such changes.
7.4 If we fail to enforce any of the provisions contained in these Terms & Conditions it shall not be deemed to be a waiver of any of the rights or obligations we have under our contract with you.
7.5 If any of the provisions of these Terms & Conditions are determined to be invalid, void or illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
7.6 These Terms & Conditions are governed by the laws of New Zealand and all disputes or claims in relation to these Terms & Conditions will be subject to the exclusive jurisdiction of the New Zealand courts.
Collection of Personal Information
You may search and browse information and content contained on our Website without providing us with any personal information.
We collect personal information that you voluntarily provide to us through this Website (for example, when registering an account with us, emailing us through our “contact us” tool or purchasing licenses to content through our online store). We also automatically collect information when you visit our Website, and we provide further information on this in the below “Tracking Technologies” section.
The types of personal information that we collect will depend on the purpose for which it is being collected and includes your first and last name, residential or work addresses, e-mail address and phone number.
In the event that you are voluntarily providing us with personal information and do not fill in all required fields, or otherwise provide your full and correct details, we may not be able to comply with the purpose for which such personal information has been provided to us.
Information may be collected, and held, either by us directly or on our behalf via our third party contractors including by Amazon Web Services which provides hosting services for the Website. This information may be stored by our third party contractors outside of New Zealand.
Use of Personal Information
How we process your personal information will depend on the purpose for which it is collected. We have broken down the purpose for collection of your personal information into two categories, being (1) general use; and (2) online store. We provide a summary of the uses within each category as follows.
The following sets out a list of general uses of your personal information that may apply to you depending on the purpose for which you have provided your personal information to us:
- disclosure to and use by service providers and contractors to help us operate, assess and improve our business and/or provide a service to you (for example, engaging consultants to conduct a market analysis of our customers or engaging service providers who help us operate our computer systems, provide us with fraud prevention services, send out mail, send out email, and clean collected data);
- to provide you with marketing and promotional information regarding QUBR products and services (we note that you can opt-out of receiving any such information at any time) and conduct other promotional and marketing activities such as running marketing campaigns via social media and other channels;
- to contact you in response to general enquiries; and/or
- to further develop, improve and refine, and the services delivered through, Website.
You may purchase licences for a wide range of content through our Website. To facilitate making such content available to you, we will use information we receive:
- to process and administrate your transaction with us as a customer;
- to provide and deliver the content or other products and services you have requested;
- to contact you in relation to any issues with your use of content or other products or services licensed to you;
- for archival purposes which involves maintaining a database of all purchasers of licences of content, such database will generally be used for direct marketing purposes which may include receiving emails or phone calls in respect of promotions.
Secure Online Transactions
We engage a third party provider to manage payments made via our Website. We and our third party online payment provider adopt appropriate security measures to protect your personal information (including any credit or debit card details that you may submit through our Website) against unauthorised access, disclosure, alteration or destruction. For example we use encryption, physical access security and other applicable security systems and our online payment provider complies with the payment card industry data security standard. Our Website uses the industry standard security protocol Secure Sockets Layer (SSL) to encode sensitive information.
We recommend you take appropriate security precautions when accessing our Website via public Wi-Fi networks or shared computers.
Use of Tracking Technologies
Examples of information we may collect using cookies and other tracking technologies include:
- technical information such as your computer’s IP address and your browser type; and
- information about your visit such as the content you viewed or searched for, the length of your visit and the pages that you visited.
Collecting this information enables us to better understand the visitors who come to our Website, where they come from, and what content on our Website is of interest to them.
Access and Correction
You can request that we provide access to the personal information we have collected about you at any time. There are certain exemptions which may apply to, or otherwise prevent us from providing you with, your information.
You can also request us to correct such personal information. In the event that we refuse or do not comply with any such request, you are entitled to request a statement be attached to the relevant information that a correction was sought but not made.
Retention and Deletion
We will retain your personal information we collect from you for so long as you have an account with our Website. In the event that you delete your account, we will generally retain your personal information for a period of 6 months from the date of deregistration or account deletion.
Transfer of Personal Information
We may transfer your personal information to:
- our group companies, affiliates and/or related entities;
- our third party service providers to assist us in performing any of the tasks described above under the “Use of Personal Information” heading;
- any person or entity, including our affiliates, in the event of a sale, merger, consolidation, change in control, transfer of substantial assets, financing, reorganisation, or liquidation whereby we transfer, sell, or assign to such third party information concerning your relationship with us, including without limitation, personal information that you provide and other information concerning your relationship with us.
Otherwise we will not provide your personal information to any other third parties, unless there is a legal obligation to do so.