These Terms and Conditions of Use (T&Cs) apply when you visit the website at https://www.commissionfactory.com/nz (Website) operated by Commission Factory Pty Ltd (ACN 149 765 631) a company incorporated in Australia ("Commission Factory", "CF", "us", "we") of 401/32 Martin Place, Sydney NSW 2000, Australia. Your access to and use of the Website, is subject to these T&Cs.

If you are an Advertiser/Merchant you must also read our Advertiser Agreement

If you are an Affiliate/Publisher you must also read our Standard Terms for Affiliates

If you disagree with any part of these T&Cs, you must cease usage of the website, or any services, immediately. By accessing or using the Website you acknowledge and agree to be bound by these T&Cs. If you are under 18 years of age, then you must obtain your parent or guardian's consent before accessing and using the Website.

Information Disclaimer

The information contained on the Website is provided in good faith on an "as is" basis. Commission Factory does not represent or warrant the reliability, accuracy or completeness of the information contained on the Website. To the extent permitted by law, Commission Factory is not responsible or liable for any Liabilities arising in any way for errors in, or omissions from, the information on the Website.

Changes to these T&Cs

We may change these T&Cs at any time, and such modifications will be effective as soon as they are posted on the Website. By continuing to use the Website after these T&Cs have been modified, you agree to be bound by the changes to these terms and conditions.

Our Intellectual Property

You:

• acknowledge that copyright in the Website, the software, design, text and graphics comprised in the Website, the selection and layout of the Website and the content and materials on the Website (together, the Materials) are owned by or licensed to us;
• must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
• must not frame or embed in another website any of the material appearing on the Website without our prior written consent.

You may:

• store a reproduction of the content on the Website on your local computer for the sole purpose of viewing the content and Materials; and
• print hard copies of the content and Materials for the sole purpose of viewing information but not for any other use, including commercial use.

The Website and any ancillary materials or documents owned or used by Commission Factory in connection with its products and services may contain registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of Commission Factory (or its clients). You must not use any of the marks or trademarks appearing on the Website or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.

Your Intellectual Property

By contributing, posting messages, uploading files, inputting data, linking to data or files on third-party sites (such as Youtube, Vimeo, Flickr, Picasa, Facebook, Twitter, Blogger, or WordPress), or engaging in any other form of communication through our Website you are creating user content (User Content), and you are granting Commission Factory a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to:

• use, copy, sublicense, adapt, transmit, publicly perform or display any such User Content; and
• sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the User Content.

This licence shall include the right to exploit any proprietary rights in the User Content, including but not limited to rights under publicity, copyright, trademark, or patent laws under any relevant jurisdiction.

You acknowledge and agree that by creating User Content you may generate automated emails from Commission Factory to your nominated email address. We reserve the right to filter, modify, publish and remove User Content on the Website at all times at our discretion.

Third Party Content

You acknowledge and agree that any third-party content on our Websites represents the thoughts, sentiments and intentions of that third-party and not the views of Commission Factory. In addition, you acknowledge and agree that Commission Factory shall not be liable for any offensive, pornographic, defamatory, incorrect, false, obscene, or otherwise unlawful content posted on our Websites by third parties.

Third Party Tools

Commission Factory uses the services of the following tool(s) in the course of operating its Website:

• YouTube API Services. For further information on this tool we direct you to their Terms of Service and Privacy Policy. You can visit the Google security settings page to revoke the access to your data.

Your Obligations

You covenant and warrant that:

• all information and data provided by you to us through the Website (including as part of any customer registration process) or otherwise is true, accurate, complete and up to date;
• you have and will comply with all relevant laws relating to your use of the Website;
• you will promptly advise us of any changes to your information provided to us as part of any registration process;
• you are responsible for any costs associated with your access to or use of the Website, including Internet access fees.

You must not:

• use the Website for any activities that breach any laws, infringe a third party's rights or are contrary to any relevant standards or codes;
• use the Website in a manner or way, or post to or transmit to or via the Website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Websites;
• make fraudulent or speculative enquiries or requests through the Website;
• use another person's details without their permission or impersonate another person when using the Website;
• post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
• tamper with or hinder the operation of the Website;
• knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Websites;
• use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Website;
• modify, adapt, translate or reverse engineer any portion of the Website;
• remove any copyright, trade mark or other proprietary rights notices contained in or on the Website;
• create accounts by automated means or under false or fraudulent pretences;
• use the Website to violate the security of any computer or other network or engage in illegal conduct;
• take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
• use the Website other than in accordance with these T&Cs; or
• attempt any of the above acts or engage or permit another person to do any of the above acts.

Unauthorized use of the Website may give rise to a claim for damages by Commission Factory against you and/or may be a criminal offence which may lead to legal action against you.

Viruses

Commission Factory does not claim that any information (including any files) obtained from or through the Website is free from viruses or other faults or defects.

You are responsible for scanning any information for viruses. You agree that Commission Factory has no responsibility or liability to you or any other person for any Liabilities which may be the direct or indirect result of any such viruses.

If Commission Factory is found to be liable this will be limited to the cost of supplying the information again.

Links

Commission Factory and our users may provide links and pointers to internet sites maintained by third parties. We do not operate or control in any respect any information, products or services on these third-party sites.

Please contact Commission Factory if you would like to place a link to any part of an Website.

Cookies

We may use temporary (session) cookies or permanent cookies when you access our Websites. This allows us to recognise your browser and track the web pages you have visited. You can switch off cookies by adjusting the settings on your web browser.

Registration

You may be asked to complete a registration process through the Website. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained at https://www.commissionfactory.com/nz/privacy-policy.

Termination and/or Suspension of Account

We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Website and (where relevant) your account if we reasonably suspect that you have committed a fraudulent act and/or you breach these T&Cs.

Limitation of Liability

We do not warrant the suitability of the Website.

To the extent permitted by law, Commission Factory is not liable to you for any Liability arising in connection with the Website.

If we are found liable at law, then our Liability is reduced to the extent (if any) that you cause or contribute to the loss or damage. Liability of one point for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at Commission Factory's option, to:

• the supply of the information again; or
• the payment of the cost of having the information supplied again or rectified.

Indemnity

You agree to indemnify, defend and hold us and our partners, agents, directors, officers, employees, subcontractors, third-party suppliers of information, advertisers, service providers, clients and other affiliates harmless from any Liability arising in connection (directly or indirectly) with your use of the Website.

General Provisions

If the whole or any part of a provision of these T&Cs is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these T&Cs has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

These T&Cs are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

Definitions

In these terms:

"Liabilities" means all direct and/or indirect liabilities, costs, damages, losses, claims, causes of action arising whatsoever or howsoever caused, including indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence).