Scope It Services – Terms and Conditions
These terms and conditions are the contract between you and Scope It Services Ltd (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
[Our name] is a trade name of [company name], [company number incorporated in New Zealand], whose [registered office / address] is at [address].
Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy Products on your behalf.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using Our Website or the Services immediately.
1. Definitions
“App” means the Scope It Services mobile phone / cell-phone application which enables a user to pay a subscription fee to seek recommendations for Products using that phone via the Internet].
“Content” means the textual, visual or audio content that is encountered as part of your experience using [the App or] Our Website. It may include, among other things: text, images, sounds, videos and animations.
“Scope It Services” means us. It also means the recommendation service we operate and the business of operating it.
“Scope It Membership Service” or “Service” means the recommendations service we provide as set out on Our Website and in this contract.
“Our Website” means any website of ours and includes all web pages controlled by us.
“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
“Product” means any item offered for sale by a Seller recommended through our service. It includes both physical products and soft copy downloaded or delivered in some other medium. It includes any associated service by the Seller.
“Seller” means a person who has Products for sale on listed on Our Website under the terms of the Scope It Membership Service.
“User” means any person other than you who uses the Scope It Service or visits the website for any purpose.
“you” “yours” etc, means you, the party to this agreement.
2. Our contract
2. 1. Scope It Services is a recommendations service. We not agents of a Seller only to the extent of his use of Our Website as a platform for recommending their Products.
2.2. We welcome any comment or complaint about a Seller, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of Scope It Services users.
2.3. We are not responsible to you further than to make recommendations to you on the information you provide through our surveys.
2.4. We are not responsible for delivery of any Product you order or for the returns and repayment procedure should you decide to return a Product for any reason.
2.5. These terms and conditions regulate the business relationship between you and us. By buying Scope It Services recommendations or using Our Website free of charge, you agree to be bound by them.
2.6. We provide a recommendation for the supply of Products. We are in no way responsible for:
- your locating and ordering a Product;
your choice of a Product; - any aspect of the provision of the Product;
- refund payment for any Product;
- any complaint about any Product.
2.7. In any dispute with a Seller, you should deal only with the Seller. We have neither legal obligation nor detailed information about the Product.
2.8. We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
3. Your account and personal information
3.1. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
3.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
4. Membership
4.1. Details of the cost and benefits of using Scope It Services are as set out on Our Website and accordingly updated from time to time.
4.2. Payment for a Scope It Services recommendations is for a one of use or a [one year / a fixed period of time]. At least two weeks before expiry of that period we shall send you a message to your last known email address to tell you that your membership is shortly to expire and inviting you to renew. An invoice for a new period of Scope It Services subscription will be included.
4.3. You do not have to take any action for this to apply. By accepting these terms and conditions, you do instruct us to renew your subscription. Membership Service. You know that by doing so, you may not be entitled to a refund.
4.4. At any time before expiry of your membership, you may use the “My Account” tab on Our Website to access your personal information and change your renewal membership status or cancel renewal.
4.5. At expiry of your Scope It Services subscription we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your Scope It Services subscription for a further period.
4.6. Subject to last previous sub-paragraph, you may cancel membership within [15 days] after the day we confirm the renewal of Scope It Services subscription. If you do so we will refund your membership cost within [15 days] of receipt of this request.
4.7. Other than the limitation set out above Scope It Services subscription is non-refundable and non-transferable.
4.8. Apart from your cancellation right, termination of Service will be regulated by this contract set out in para16 below.
4.9. We reserve the right to modify the method used for Scope It Services subscription and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Scope It Services after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those Posted here on Our Website on the day you join as a member.
5. The buying procedure
5.1 Scope It Services is not responsible for the fulfilment of your contract to buy Products.
5.2. We do not list pricing on Our Website by Sellers, as these are the responsibility of the Seller and may contain variations such as temporary sales, discounts and promotional offers.
5.3. Unless it is clear to the contrary, you may assume that every sale is made by the Seller in the course of their business.
5.4. Subject to discounts and promotions, Scope It Services subscriptions are set at a fixed price. GST may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
5.5. Scope It Services cannot be held responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes or any other surcharges that do not currently apply at the time of posting these conditions.
5.6. You are required to pay in the currency in which is displayed on our Website.
5.7. Every subscription is subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.
5.8. For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.
5.9. To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment service provider. For detailed about disclosure of personal information please see our privacy notice.
6. Security of your payment details
6.1. We take care to make Our Website safe for you to use.
6.2. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
6.3. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
7. How we handle your Content
7.1. Our privacy policy is strong and precise. It complies fully with the Privacy Act 2020 and can be found here.
7.2. You authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
7.3. Please notify us of any security breach or unauthorised use of your account.
We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in the terms set out at sub paragraph [five / number] above].
8. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
8.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
8.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
8.3. download any part of Our Website, without our express written consent;
8.4. collect or use any product listings, descriptions, or prices;
8.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
8.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the subscription services;
8.7. share with a third party any login credentials to Our Website;
8.8. Despite the above terms, we now grant a licence to you to:
8.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
8.8.2. you may copy the text of any page for your personal use in connection with the purpose of Our Website or the Service we provide.
9. Termination
9.1. Your subscription expires one year after the date you joined.
9.2. You may request to terminate the agreement either by sending notice to us by post or email, or by through the contact us form on Our Website and submitting it. We reserve the right to check the validity of any request to terminate your subscription.
9.3. We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
9.4. If you terminate, we shall not have any residual liability or obligation to you.
9.5. Termination by either party shall have the following effects:
9.5.1.your right to access the Scope It Services subscription immediately ceases;
9.5.2. we are under no obligation to forward or send you any saved material within your subscription pages;
9.6. Whether we or you terminate this agreement, you are not entitled to any refund of your membership fee.
9.7. At any time if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement, we reserve the right to terminate any and all parts of the Scope It Services subscription without refunding to you any fees paid.
10. Your claims: defamation and intellectual property
It is not possible for Scope It Services nor within scope of our policy, to read and assess every change to a Sellers own Product description or content posted, shared or published about their Product. Accordingly, we operate on the basis that we update and/or amend any potential discrepancies as soon as we are reasonably able, after we receive notice of a claim or complaint. This procedure is subject to:
10.1. The claim or complaint being submitted to us in writing via post, email or our Website contact us page.
10.2. Our follow-up investigation of your complaint.
10.3. In respect of any complaint made by you or any person on your behalf, you now irrevocably grant us a licence to share or publish the complaint and all ensuing correspondence and communication, without limit.
10.4. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
11. Copyright and other intellectual property rights
11.1. All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of Products for sale. It is all protected by international copyright laws.
11.2. You may not copy, or in any way exploit any of the Content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
12. Interruption to the operation of Scope It Services
12.1. We give no warranty that Scope It Services subscription will be satisfactory to you.
12.2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of your subscription for repairs, maintenance or other reason. We may do so without telling you first.
12.3. You acknowledge that Scope It Services Website may be interrupted for reasons beyond our control.
12.4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Scope It Services subscriptions access.
13. Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
13.1. your use of the Scope It Services;
13.2. the breach or violation of this agreement by you;
13.3. the infringement by you, or by any other User of the Scope It Services using your computer, of any intellectual property or other right of any person or entity;
13.4. your failure to comply with any law;
13.5. a contractual claim arising from your use of our recommendations and purchase of a Product.
14. Disclaimers about Scope It Services
14.1. Your use of the Scope It Services is without any warranty or guarantee.
14.2 Where we provide a Service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of any such service.
14.3. We may make improvements or changes to Our Website, the Content, or to any of the Products and services described on the website, at any time and without notice to you.
14.4. You are advised that Content may include technical inaccuracies or typographical errors.
14.5. Our Website contains links to other websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
14.6. We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
14.7 The Scope It Services Website and Scope It subscriptions and recommendations are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:
14.7.1 of satisfactory quality;
14.7.2. fit for a particular purpose;
14.7.3. available or accessible, without interruption, or without error.
15. Disclaimers about the Products
15.1. All of the Content on Our Website relating to any Product has been provided by a Seller.
15.2. We do not accept responsibility for the accuracy of any claim or advertisement.
We make no representation, warranty or other provision with regard to the Products and you acknowledge that you do not rely on any made by us, but solely on your contract with a Seller.
15.3. So far as concerns Products you are recommended by using our services through Our Website, we are not liable for:
15.3.1. any Product complying with the requirement of any law or being available;
15.3.2 the Seller performing his contract.
15.4.We give no warranty, representation or undertaking whatever as to the continuing business of a Seller or that any Product sold by a Seller will work or be useful or will be suitable for you.
15.5. You now expressly release Scope It Services from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Seller.
16. Miscellaneous matters
16.1. You undertake to provide us your current land address, e-mail address and telephone number if you subscribe to our Service, as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
16.2. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
16.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
16.4. If you are in breach of any term of this agreement, we may:
16.4.1. publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
16.4.2.terminate your account and refuse access to Our Website;
16.4.3. remove or cancel any order at our discretion;
16.4.4. issue a claim in any court.
16.5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
16.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
16.7. When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
16.8. Any communication to be served on either of us by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.
16.9. In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
16.10. This agreement does not give any right to any third party under the Contract and Commercial Law Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
16.11. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.
16.12. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
16.13. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
16.14. The validity, construction and performance of this agreement shall be governed by the laws of New Zealand and you agree that any dispute arising from it shall be litigated only in that country.