Terms of Service
1.1. The following words and phrases have specific meanings wherever you see them used in these Terms:
Application means the Moxion application for a mobile phone, tablet or other mobile or peripheral device.
Account Holder means an end user who has been authorised by the Licensee to create a Moxion Account.
Content includes, without limitation, information, videos, audio files, data, metadata, text, photographs, written posts and comments, software, scripts, graphics and interactive features generated, provided, or otherwise made accessible on or through the Services.
Licensee means a person who has been granted a licence by Moxion to use the Platform.
Moxion means Moxion Limited, a company registered in New Zealand under company number 5902927 with its registered office at Lowndes Jordan, Level 15, PWC Tower, 188 Quay Street, Auckland 1010, New Zealand and whose ultimate holding company is Tinderbox Media Limited, and our, us and we used in these Terms refer to Moxion.
Moxion Account means your account and profile information on the Platform.
Platform means the systems (including the Site, Application and other systems) we provide to enable Account Holders to collaborate on a Project and enable the provision of our Services in accordance with these Terms.
Project means a project on which Account Holders can access and work on Content uploaded to the Platform.
Services means the operation of the Platform to facilitate the collaboration on Projects and other associated services from time to time, in accordance with these Terms.
Site means the Moxion website at www.moxion.io.
Terms means these terms of service.
you means the person who accepts these Terms in accordance with clause 2 below.
2. Application of Terms
2.1. These Terms are binding and apply to any use of the Services and Platform by you and anyone that you allow to access Content you have uploaded to the Platform. By using our Services or the Platform, you and they irrevocably agree to these Terms.
3.1. These Terms are effective from the date that you first access our Platform and shall continue, unless terminated sooner in accordance with clause 7.
4.1. Moxion may revise these Terms at any time by providing you at least 30 days’ prior notice of the change, whether via our website, by sending you an email or via any messaging service we provide. Your continued use after that notice means that you agree to the changed terms.
4.2. If you comply with these Terms, then we grant you a non-exclusive, non-transferable, worldwide licence to access and use our Services via the Platform in accordance with these Terms.
5. Our Services
5.1. Moxion provides you with the Services to enable you to upload Content through your Moxion Account to the Platform and to access and manage your Content.
6. Creating a Moxion Account
6.1. To create a Moxion Account, you must be authorised by the Licensee, over 13 years of age and not have an existing Moxion Account..
6.2. You agree to provide accurate, current and complete information during the Moxion Account registration process and to update such information to keep it accurate, current and complete at all times. If you provide any false or misleading information, we may suspend or terminate your Moxion Account in accordance with clause 7.
6.3. During the registration process, you must choose a password as part of our security procedures. You must ensure that your password is strong and not disclose it to any third party.
6.4. You must not allow others to access or use your Moxion Account. No matter whether anyone using your Moxion Account is authorised to use it or has obtained unauthorised access, you will remain responsible for their actions and omissions.
6.5. You must tell us immediately if you think that someone has used or has unauthorised access to your Moxion Account or password, or there has been some other security breach.
7. Terminating your Moxion Account
7.1. You may close your Moxion Account at any time by following the Moxion Account closing process on our website.
7.2. We have the right to suspend or terminate your Moxion Account at any time, for any reason or no reason, which need not be disclosed to you. This includes but is not limited to Moxion Accounts that Moxion, considers in its sole discretion, contain invalid information or to have been used for inappropriate or objectionable activities, in violation of these Terms, in breach of any law in any jurisdiction or which are, or may be, harmful or detrimental to Moxion or the Platform. We shall not be liable for any loss of revenue or opportunity or any damage, cost or other liability, suffered or incurred by you in connection with a suspended or terminated Moxion Account.
7.3. If we exercise our discretion under these Terms to suspend or terminate your Moxion Account, any or all of the following can occur with or without any notice or explanation to you:
7.3.1 your Moxion Account will be deactivated or suspended and you will not be able to access any part of the Platform, your Moxion Account or your Content; and
7.3.2 we do not have an obligation to delete or return to you any Content you have uploaded to the Platform.
8. Account Access
8.1. We reserve the right to access your Moxion Account in order to respond to your requests for technical support.
9. Your Obligations
9.1. You must comply with these Terms all applicable laws, regulations and rules when using the Platform, Services and with respect to any Content you upload to the Platform or share using our Services.
10.1. You warrant by using the Services that all Content you upload to the Platform is, up-to-date, and in compliance with all applicable laws, rules and regulations.
10.2. You acknowledge that all Content accessed through your use of the Services is at your own risk and that you are solely responsible for any resulting damage or loss to you or any other party.
10.3. You must maintain copies of all Content you upload to the Platform. We do not make any guarantees that there will be no loss of your Content or the Services will be bug free. You should download your Content prior to terminating your Moxion Account.
10.4. We have rules which apply to Content uploaded to the Platform (see clause 10 (Content Rules)). If we are notified of a claim or allegation that Content uploaded to the Platform breaches our Content Rules, we may prevent such Content being accessible through the Platform or being used in connection with Services.
10.5. If we terminate your Moxion Account because you have breached these Terms we may delete your Content immediately or keep it for evidential purposes. In circumstances where we cease providing our Services for other reasons, we will, if reasonably practicable and we are not prevented by law or likely to incur any liability in doing so, give you 10 days’ notice to retrieve your Content.
11. Content Rules
11.1. Whenever you upload Content to the Platform you must comply with the Content Rules set out in this clause 10. You will not with respect to such Content:
11.1.1 generate obscene, offensive, objectionable or inappropriate content;
11.1.2 damage, interfere with or degrade the functioning of the Platform;
11.1.3 create or send verbal, physical, written or other abuse or unsolicited commercial communications (including threats of abuse or retribution or spam) to any person or cause harm to any person in any way under the NZ Harmful Digital Communications Act 2015; or
11.1.4 create, transmit, distribute, or upload Content that violates trademark, copyright, trade secret, or other intellectual property rights of others or violates the privacy, publicity, or other personal rights of others.
11.2. You warrant that any Content uploaded to the Platform complies with the Content Rules in clause 10.1. You will be liable to Moxion and indemnify Moxion fully for any breach of that warranty. Moxion has the right to remove any Content from your Moxion Account without notice if, in Moxion’s opinion in its sole discretion, your Content does not comply with those standards.
11.3. Moxion will not be responsible or liable to any third party, for the Content or accuracy of any Content on the Platform.
12. Privacy and Personal Information
12.2. You warrant in respect of all personal information about any identifiable individual, which is contained in any Content that you upload to the Platform, that you have the right to collect and use that personal information for the Project in question and to make it available to Moxion and its third party service providers so that they can together deliver the Services. You further warrant that Moxion’s and those third parties’ collection, storage, distribution, disclosure and other use of that personal information to deliver the Services will not breach any privacy, data protection or other similar law in any jurisdiction.
13. Intellectual Property Rights
13.1. Moxion is the owner or the licensee of all intellectual property rights in the Platform, and in the Content published on it. Those works are protected by trade mark, copyright and other intellectual property and trade practices laws and treaties around the world. All such rights are reserved.
13.2. You must not reverse engineer, reproduce, duplicate, copy, sell, assign, resell or exploit any portion of the Platform or use or access the same without Moxion’s express prior written permission.
13.3. Moxion agrees to grant you a non-exclusive, irrevocable, royalty free licence to use and access the Platform and Content on the Platform for the purpose of using the Services. Use, reproduction, modification, distribution or storage of the Platform or any Content for purposes other than use of the Services is prohibited. Your licence to use and access the Platform and Content is automatically revoked if you breach these Terms.
13.4. You warrant that you own, or are authorised to use, any intellectual property in any Content you upload to the Platform. You grant us a worldwide, perpetual, royalty free, transferable licence to use, store, back-up, copy, transmit, distribute, communicate and otherwise make available Content you upload to the Platform, for the purposes of enabling you and those you give access to, to use the Platform and the Services and for any other purpose related to provision of the Services to you and them.
14. Takedown Procedure
14.1. We may, without any prior notice to you, remove any of your Content from our Platform or block access to our Platform (totally or partially) where we have received a notice of intellectual property infringement or notice of takedown in respect of your Content or where we consider the Content to be illegal or otherwise in breach of these Terms . You agree that we shall have no liability to you in respect of any loss (including loss of profit), cost or damage suffered or incurred by you as a result of such action. If there is a dispute between you and a third party as to whether your Content infringes the intellectual property or other rights of that third party, you acknowledge that it is your responsibility to resolve such dispute with the third party, and until you have provided us with satisfactory written confirmation of a resolution between you and the third party we will not restore the alleged infringing materials or reinstate access to the Platform. You agree to indemnify us against all claims, proceedings or actions by such third party against us including costs (legal or otherwise) that we may incur in defending such claims, proceedings or actions on a full indemnity basis.
15.1. We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and site in order to access the Platform (if applicable). You should use your own virus protection software.
15.2. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any Content.
15.3. You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform (if applicable) via a denial-of-service attack or a distributed denial-of service attack.
16. Disclaimers and Limitation of Liability
16.1. If you choose to use the Platform, you do so at your own risk.
16.2. The Platform is provided without warranty of any kind, either express or implied. Moxion makes no warranty that the Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
16.3. To the extent permitted by law, Moxion excludes all conditions, warranties, representations or other terms which may apply to the Platform, whether express or implied.
16.4. Moxion will not be liable to you or other third party for any direct, indirect or consequential loss, cost, lost opportunity or profit, lost goodwill, reputational damage or liability or other adverse event whatsoever, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, the Platform or Services.
16.5. In no event will Moxion’s aggregate liability arising out of or in connection with these Terms and your use of or inability to use the Platform and Services exceed the licence fees paid by the Licensee in the 12 months preceding the issue.
17.1. You agree to indemnify, and hold Moxion and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, any tax, legal and/or accounting fees, arising out of or in connection with your access to or use of the Platform, Services or your violation of these Terms.
18.1. Moxion may assign or transfer these Terms, at its sole discretion, without restriction. You may not assign or transfer your rights under these Terms without our prior written consent, which may be withheld in absolute discretion.
18.2. Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given by us:
18.2.1 via email (in each case to the address that you provide); or
18.2.2 via the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is sent.
18.3. You agree and represents that you are using the Services for the purpose of a business and that the Consumer Guarantees Act 1993 (NZ) and any other similar consumer protection legislation in any jurisdiction does not apply to the Services.
18.4. These Terms shall be governed by and construed in accordance with New Zealand law. You agree to submit to the exclusive jurisdiction of the courts of New Zealand with respect to any claim or matter arising out of or in connection with these Terms or their termination.
18.5. No failure or delay by Moxion to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by Moxion shall prevent or restrict the further exercise of that or any other right or remedy.
18.6. If any provision or part-provision of these Terms is or becomes void, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be severable and deemed to be deleted, and shall not affect the validity, legality or enforceability of the remaining provisions.
18.7. These terms were last updated on 20 August 2017.
Moxion Limited (we, us, our) complies with the New Zealand Privacy Act 1993 (the Act) when dealing with personal information. Personal information is information about an identifiable individual (a natural person).
This policy sets out how we will collect, use, disclose and protect your personal information.
This policy does not limit or exclude any of your rights under the Act. If you wish to seek further information on the Act, see www.privacy.org.nz.
Changes to This Policy
We may change this policy by uploading a revised policy onto the website. The change will apply from the date that we upload the revised policy.
Who Do We Collect Your Personal Information From
We collect personal information about you from:
you, when you provide that personal information to us, including via the website and any related service, through any registration or subscription process, through any contact with us (e.g. telephone call or email), or when you buy or use our services and products.
If possible, we will collect personal information from you directly.
How We Use Your Personal Information
We will use your personal information:
to verify your identity
to provide services and products to you
to market our services and products to you, including contacting you electronically (e.g. by text or email for this purpose)
to improve the services and products that we provide to you
to bill you
to respond to communications from you, including support requests
to conduct research and statistical analysis (on an anonymised basis)
to protect and/or enforce our legal rights and interests, including defending any claim
for any other purpose authorised by you or the Act.
Disclosing your personal information
We may disclose your personal information to:
another company within our group
any business that supports our services and products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide the website or other services and products
other third parties (for anonymised statistical information)
a person who can require us to supply your personal information (e.g. a regulatory authority)
any other person authorised by the Act or another law (e.g. a law enforcement agency)
any other person authorised by you.
A business that supports our services and products may be located outside New Zealand. This may mean your personal information is held and processed outside New Zealand.
Protecting Your Personal Information
We will take reasonable steps to keep your personal information safe from loss, unauthorised activity, or other misuse.
Accessing and Correcting Your Personal Information
Subject to certain grounds for refusal set out in the Act, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information. Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.
In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.
If you want to exercise either of the above rights, email us at email@example.com. Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information, or the correction, that you are requesting).
We may charge you our reasonable costs of providing to you copies of your personal information or correcting that information.
While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.