Terms of Use, Privacy Policy and Cookie Policy These terms of use apply to everyone using the OfficeSugar.com website. They cover what you can and can’t do on the website and with any content from the website. They also contain our privacy policy, which sets out important information about how we can and can’t use information obtained from you as well as our Cookie policy which describes how Cookies are used on OfficeSugar.com and what you can do to exclude, limit or change how these Cookies apply to your use of OfficeSugar.com. 1. Terms of Use: Welcome to the website of OfficeSugar.com (“Office Sugar”). These terms of use, privacy policy and Cookie policy (“Terms of Use”) apply to your use of Office Sugar’s website at www.OfficeSugar.com (or such other URL as the website may subsequently be hosted at) (the “Website”), the software, documentation and any associated materials comprising or made available to you via the Website (the “Materials”), as well as any services offered or provided to you by Office Sugar or its nominated third parties via the Website (the “Services”). By making use of any of the Website, Materials and Services, you are deemed to have read and agree to be bound by these Terms of Use. 2. Amendments: Office Sugar reserves the right to amend these Terms of Use from time to time upon placing any such amendments on the Website or by providing you with direct notice of any such changes. Your continued use of any of the Website, Materials and/or Services thereafter will be deemed to be acceptance by you of such changes to these Terms of Use. 3. Intellectual Property: Unless otherwise stated in these Terms of Use, Office Sugar is the owner or licensee of all copyright, trademarks and other intellectual property rights relating to or included within the Website, Materials and Services. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and software relating to or included within any of the Website, Materials and/or Services. 3. Licence: Provided that you are 13 years or older, and also if you are younger than 18 years old you have legal parental or guardian consent to access and use the Website, Materials and Services, and unless agreed otherwise with Office Sugar, Office Sugar grants you a limited licence (“Licence”) solely for the purpose of accessing, downloading and making use of the Website, Materials and Services for your own personal and non-commercial use. Any contravention by you of these Terms of Use or any other terms posted on the Website or notified to you by Office Sugar terminates the Licence automatically and with immediate effect. 5. Restrictions: You shall not: (a) Adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of this website other than strictly in accordance with the Licence; (b) Use any data gathering and extraction tools or software to extract information from the Website; (c) Frame or utilise framing techniques to enclose any of the contents of the Website; (d) Use any meta tags or other hidden text which incorporate Office Sugar’s name or any of its intellectual property including trade marks; (e) Utilise any automated software or ‘bots’ in relation to your access or use of the Website, Materials or Services; and (f) Use any information or content included in or related to the Website, Materials or Services other than in accordance with the terms of the Licence, unless you have the express prior written permission of Office Sugar. 6. Proprietary Notices: In the event that you are granted permission by Office Sugar to use the Website or Materials other than as provided for by the Licence, subject to any contrary agreement you reach with Office Sugar, you must ensure that all copyright, trade mark and other proprietary notices contained in the Website or Materials or otherwise advised by Office Sugar are retained. 7. ndemnity: You agree to fully indemnify Office Sugar and keep Office Sugar indemnified for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, as a result of your breach of these Terms of Use, including in respect of any third party claims against Office Sugar and/or its related parties, employees, contractors or agents. 8. Content: While Office Sugar has endeavoured to take all reasonable and appropriate care in the preparation of the Website, Materials and Services and has no reason to believe that any information contained in any of the Website, Materials or Services is inaccurate, Office Sugar does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. Office Sugar does not undertake to keep any of the Website, Materials and/or Services updated. To the greatest extent permitted at law Office Sugar will not be liable for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the Website, Materials or Services including without limitation where such loss or damage is a result of or contributed to by the negligence of Office Sugar. 9. Linked Websites: The Website, Materials and/or Services may contain links to other websites (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. Office Sugar is not responsible for the content or privacy practices associated with Linked Websites. Office Sugar’s links with Linked Websites should not be regarded as approval or as an endorsement of those Linked Websites, their operators or owners, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary on this Website. 10. Links: If you provide a link to the Website you agree that you will not use any Office Sugar logo, trade mark or other proprietary graphic as part of such link without the express prior written approval of Office Sugar. 11. Collecting Information: Whenever you access or make use of any of the Website, Materials or Services, Office Sugar may as applicable collect the following types of information from you: (a) The lP address of your machine when connected to the internet and the domain name from which you are accessing the internet; (b) The operating system and the browser your computer uses and any search engine you are using; (c) The date and time you are visiting; (d) The URLs of the Website pages you visit; and (e) Information relating to the actions you undertake within the Website, as well as any other information you may explicitly provide Office Sugar in the course of accessing or making use of any of the Website, Materials or Services. 12. Further Collection: Where possible, information will be obtained directly from you. However, you acknowledge that by accessing or making use of any of the Website, Materials or Services that information may also be collected from you as a result of the workings of the Website, Materials or Services as applicable and the attached systems and software. 13. Use of Information: Office Sugar uses the information provided by you or generated by your accessing or making use of any of the Website, Materials or Services to provide the services Office Sugar provides to you in relation to any of the Website, Materials or Services. Office Sugar also uses information collected from you to assess the performance of the Website, Materials and Services and to ensure that the Website, Materials and Services serve your needs in the most efficient manner possible. 14. Cookie Policy: Office Sugar may also place cookies on your computer. Cookies are alpha numeric identifiers which are transferred to your computer’s hard drive through your web browser to enable Office Sugar to recognise you whenever you access the Website and therefore better personalise your access of and use of the Website, Materials and Services. A cookie does not identify you personally but it does identify your computer. The help portion of your browser’s toolbar should tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You should note however that if you do not allow the use of cookies or do not wish to provide certain information to Office Sugar, you may not be able to take full advantage of the Website, Materials and Services. Clauses 34, 35 and 36 also form part of this Cookie policy. 15. Statistics: Although Office Sugar may use and publish non-personal aggregate statistics and group data about those people who access or make use of any of the Website, Materials or Services and their usage of any of the Website, Materials or Services, subject to the further terms of these Terms of Use, Office Sugar will not share or make public personal information identifiably about you without your prior permission. 16. Data Transmission: Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst Office Sugar strives to protect such information, we do not warrant and cannot ensure complete security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. 17. Accessing Information: If you are an ‘Individual’ as that term is defined in the Privacy Act 1993 you are entitled to access any information which Office Sugar may hold about you and Office Sugar is obliged to provide this information to you as long as it has such information and such information can be readily retrieved. You are also entitled to request that Office Sugar correct any inaccuracies in any information which Office Sugar holds about you. Office Sugar is entitled to charge you for the reasonable costs of retrieving, providing this information and as applicable correcting this information. 18. Providing Information: Notwithstanding any other provisions of these Terms of Use, to the greatest extent permitted at law, you agree that Office Sugar may provide any personal information it collects about you to its related companies (as defined in section 2(3) of the Companies Act 1993), associated entities, debt collection and credit reference agencies and any other parties it deems necessary in relation to providing you the Website, Materials and Services and exercising any lawful right Office Sugar, its related companies, associated entities or debt collection and credit reference agencies may have. 19. Disclosing Information: You also agree that to the greatest extent permitted at law Office Sugar is entitled to disclose information it holds about you without your prior permission if Office Sugar reasonably believes that such disclosure is necessary to: (a) Meet legal requirements; (b) Comply with legal process or help to maintain the law; (c) Protect Office Sugar’s rights or property or that of Office Sugar’s related companies or associated entities; or (d) Enforce these Terms of Use or any other agreement that Office Sugar may have with you. 20. Combining Information: To the greatest extent permitted at law, Office Sugar may combine any information which it collects from you or otherwise obtains, with information collected or otherwise obtained by its related companies or associated entities. 21. Lost Data: In the event that any information or data relating to you or your use of any of the Website, Materials and Services held by Office Sugar or any third party on behalf of Office Sugar is lost, corrupted or otherwise no longer reasonably available or accessible as judged by Office Sugar in its sole discretion, you agree that Office Sugar will have no liability to you of any nature relating to any such information or data. 22. Accessing: You must take your own precautions to ensure that the process which you employ for accessing or making use of any of the Website, Materials and/or Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. To the greatest extent permitted by law Office Sugar does not accept responsibility for any interference or damage to your computer system which may arise in connection with your accessing or making use of the Website, Materials and/or Services. 23. Exclusion of Warranty: To the greatest extent permitted by law, in relation to your access and use of the Website, Materials and Services, any condition or warranty either express or which would otherwise be implied by law into these Terms of Use is hereby excluded. 24. Exclusion of Liability: To the greatest extent permitted by law, under no circumstances will Office Sugar or its employees, contractors or agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Website, Materials and/or Services or in respect of any failure or omission on the part of Office Sugar to comply with its obligations as set out in these Terms of Use. 25. Limitation of Liability: To the greatest extent permitted by law, in the event that any limitation or provision contained in these Terms of Use is held to be invalid or unenforceable for any reason and Office Sugar becomes liable for any loss or damage that would otherwise have been excluded, Office Sugar’s maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the Website, Materials and/or Services is to be limited to $50 in New Zealand currency. 26. Jurisdiction: This Website is governed by and is to be interpreted in accordance with the laws of New Zealand and, subject to clause 27, in all matters relating to or arising from your use of this Website, you agree to submit to the exclusive jurisdiction of the Courts of New Zealand. If you are accessing or making use of any of the Website, Materials and Services from outside of New Zealand then you agree that you are entirely responsible for ensuring that your access and use of any of the Website, Materials and Services will not contravene any laws in your country. 27. Disputes: In the event that you have a dispute in respect of the Website, Materials and/or Services or relating to or arising from your use of the Website, Materials and/or Services you must immediately notify Office Sugar in writing giving details of the dispute. If Office Sugar and yourself cannot resolve the dispute within fourteen (14) days of receipt by Office Sugar of such notice then to the greatest extent permitted at law the following procedure will apply. The dispute will firstly be submitted to mediation by a mediator agreed to by both you and Office Sugar or, failing agreement, appointed by the Arbitrators and Mediators Institute of New Zealand at the request of either party. If the matter is not resolved by mediation within fourteen (14) days from there, (unless you are a consumer as defined in the Consumer Guarantees Act 1993), the matter will be submitted for arbitration in accordance with the Arbitration Act 1996 by a single arbitrator agreed to by both you and Office Sugar or, failing agreement appointed by the Arbitrators and Mediators Institute of New Zealand at the request of either party. Unless agreed otherwise by Office Sugar, all such mediation and arbitration proceedings shall take place at such location in New Zealand or by such means (including without limitation teleconference or videoconference) as shall be chosen by Office Sugar acting entirely at its own discretion. All costs in relation to the staging of such proceedings (excluding for the avoidance of doubt any awards which may be made) shall be borne equally by the parties unless explicitly stipulated otherwise by the arbitrator or agreed otherwise by the parties. 28. Failure to Comply: Office Sugar accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond its reasonable control. 29. Waiver: If Office Sugar waives any rights available to it under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion. 30. Severability: If any provision of these Terms of Use is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Use, but only to the minimum extent necessary to avoid such issue, and the remainder of any such provision as well as all other provisions of these Terms of Use shall continue in full force. 31. Entire Agreement: This Agreement constitutes the entire agreement between you and Office Sugar in respect of its subject matter and supersedes any previous understandings, representations or agreements on that subject matter. 32. ssignment: Office Sugar, its related companies and associated entities, shall be entitled to assign, licence or otherwise deal with any or all rights of any nature they hold or acquire in respect of the Website, Materials and Services at their sole discretion and you acknowledge you will continue to be bound by these Terms of Use following any such assignment, licence or other dealing. You may not assign, licence or otherwise deal with any rights you acquire pursuant to these Terms of Use. 33. Amazon Associates and Other Affiliate Program:Office Sugar is a participant in both the Amazon Services LLC Associates Program, which is an affiliate advertising program, and other from time to time other affiliate advertising programs too. All these programs are designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com and other websites. As an Amazon Associate and affiliate in other affiliate advertising programs, Office Sugar earns from qualifying purchases. The Materials including by way of example and without limitation, text, photos and tables, may include links to products on other websites. If you purchase something through these links, Office Sugar may earn a commission at no extra cost to you. 34. DoubleClick DART Cookie: Google, as a third party vendor, uses cookies to serve ads on Office Sugar. Google’s use of the DART cookie enables it to serve ads to users based on their visit to Office Sugar and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at the following URL – http://www.google.com/privacy_ads.html. 35. Advertising Partners: Some of our advertising partners may use cookies and web beacons on our site. Our advertising partners include: Ezoic, Google Adsense and Amazon. Ezoic look after any third party advertising for us apart from Amazon related advertising. Here is a link to Ezoic’s privacy policy https://g.ezoic.net/privacy/www.officesugar.com. 36. Third Party Cookies JavaScript and Web Beacons: These third-party ad servers or ad networks use technology to the advertisements and links that appear on Office Sugar to send information directly to your browser. They automatically receive your IP address when this occurs. Other technologies (such as cookies, JavaScript, or Web Beacons) may also be used by the third-party ad networks to measure the effectiveness of their advertisements and / or to personalize the advertising content that you see. Office Sugar has no access to or control over these cookies that are used by third-party advertisers. You should consult the respective privacy policies of these third-party ad servers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices. Office Sugar’s privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. 37. Queries: If you have any queries in regard to these Terms of Use please don’t hesitate to contact us.
