Wordstream Terms of Business
1. These terms and conditions are in addition to, and do not supercede, the terms and conditions contained in any relevant software licence agreement between an End User and Wordstream Corporation Limited.
2. All prices for Wordstream goods and services are quoted in New Zealand dollars (unless specifically stated) and do not include GST (Goods & Services Tax) unless otherwise stated. GST will be added to the price of any order unless the entity ordering (or the transaction) is GST exempt. It is the responsibility of the person ordering to provide documentary evidence of any exemption from GST.
3. End Users outside New Zealand: The Māori resource products shown on reotupu.co.nz are primarily intended for New Zealand End Users. However we will supply End Users located outside New Zealand strictly on a pre-paid, freight additional basis. Such supply will be an indulgence on the part of Wordstream and the parties agree that the contract or agreement for any such supply is formed and executed in New Zealand and is subject to and governed by New Zealand law, and any dispute will be exclusively under the jurisdiction of, and judged by, the Courts of New Zealand.
4. No Credit: Wordstream does not extend credit facilities to any individual or organization (who does not already have an account with Wordstream), until after the first order is pre-paid. Credit facilities, after the first order, are subject to application and approval at the sole discretion of Wordstream.
5. Consumer Guarantees Act 1993: If you acquire, or hold yourself out as acquiring, goods and services from Wordstream for the purposes of a business (with "purposes of a business" including "purposes of your occupation") then it is implicit in these terms and conditions, or in any Wordstream end user licence agreement, that the provisions of the Consumer Guarantees Act 1993 shall not apply.
Cancellation & Refund Policy
1. End Users who have acquired Wordstream products or services for non-business use have certain rights under the Consumer Guarantees Act 1993 and the following policies ONLY apply where:
a) cancellation of a software licence or subscription is NOT a result of a right or rights under that Act, or any other NZ Statute; or
b) The End user has acquired the licence or subscription for the purposes of a business or for use in an occupation.
2. CD-ROM and other "off-line" products: Cancellation is governed by the terms of the relevant software licence. Any end user can cancel a licence PRIOR to loading software that is supplied on CD-ROM and return the software package, including all material, for a refund of the licence fee, less any shipping costs incurred by Wordstream in delivering the order.
Where an end user wishes to cancel a licence AFTER the software has been loaded, then that end user must first communicate with Wordstream so that Wordstream can determine at its sole discretion whether or not a refund of some or all of the licence fee paid is appropriate, and so that Wordstream can satisfy itself that the software licence and/or copyright has not, or will not, be breached.
3. On-line subscription services. Any customer may cancel an on-line subscription at any time, and for any reason - and the following refund policy will apply:
Cancellation within 14 days: Refund of subscription fee less $ 50.00 (plus gst) administration costs.
Cancellation after 14 days and prior to 182 days: Six month subscription - a refund of the subscription fee not used, less $ 50.00 administration costs. 12 month subscription - 50% refund less $ 50.00 (plus gst) administration costs.
Any "one-time" IP setup fee charged at the time of first subscribing is strictly non-refundable.
4. For specific provisions as to warranty refer to the applicable Wordstream software or subscription licence agreement.
Wordstream respects your right to privacy. We collect and store information about individuals as detailed below, in the course of operating our business.
We do not sell or supply information about individuals, or for that matter any of our customers, to any other parties, for any reason (other than the specific events detailed in 3. below).
If you are concerned about the supply of information to us, or our potential use of such information, please communicate with us first to firstname.lastname@example.org
1. If you purchase a software licence or subscription licence to access Wordstream product (either on CD-ROM or on-line) then Wordstream collects and stores the following information for the purposes of:
* being able to provide you with goods and services; and
* protecting our intellectual property rights and those of our licensors; and
* maintaining our accounting and credit records; and
* communicating with you on matters to do with your licence or subscription; and
* communicating with you generally (if you have asked to be kept informed).
a) The full name of the licensee.
b) The name of the person authorized to order or operate the licence (in the case of an organization).
c) The address where the licensee operates the software licence.
d) The email address of the licensee.
e) The contact telephone number of the licensee.
f) The details of the product(s) licensed including serial number(s) where applicable.
g) The date the licence fee was paid and any details relevant to payment.
h) The Internet Service Provider and/or IP address used by the licensee.
2. The above information is stored in our software licencing or subscription databases and in our accounting system.
3. We do not provide access to your details to any other party, except in the following instances which you authorize us to do as part of the terms under which we are prepared to do business with you:
a) When we seek credit references from credit agencies, or instruct debt collection agencies to recover monies you owe us.
b) When we detect a breach of our copyright or the theft of our intellectual property or unlawful activity against or upon our site, and instruct our legal representatives or lay a complaint with law enforcement agencies or the software industry association.
c) When required under NZ Law to disclose personal information held by us.
4. Credit Card Transactions. If you pay by Credit Card, and provide your credit card details on-line, those details are entered by you through a secure page (https) and they are not received on-line at the time of transmission by Wordstream or any of its employees. Nor (for your security) are your credit card details accessible by Wordstream at the time you input them. Your credit card details are not stored electronically by Wordstream - they are used to complete the transaction, then deleted from the secure recorder. A paper-based copy of your credit card details is maintaned by Wordstream for the period of time specified by Wordstream's bankers.
5. On-line Subscription Access. If you are a subscriber to any Wordstream on-line resource, then in addition to the information stored as in 1) above, we also record your activity within the resource including the URL (Universal resource Locator) and/or IP address from which you entered our service, and we store unique identifiers in your browser ("cookie"), for the purposes of policing and auditing your usage of the subscription licence and for collecting site statistics. This information is not shared by Wordstream with any other party except in the case of a licence breach or deliberate abuse of the service in an attempt to disrupt the operation of the site.
6. If you send us an on-line or off-line query, which includes personal information about you, we will hold such information in a database or in paper records for the period of time that the query remains "live" after which time we will either move the information to our customer database (if you become a customer) or delete the information.
7. Access to Personal Information: If you are a private individual about whom we hold personal information you may request a copy of that information from us and we will supply such information subject to the information being readily retrievable.
8. Correction of Personal Information: In you are a private individual to whom we disclose information that we hold about you, and you believe that some or all of that information is incorrect, then we will, in the face of evidence to our satisfaction, correct that information OR in the absence of such evidence - record with that information details of your disagreement with the accuracy of the information.