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Terms & Conditions

User Terms & Conditions

iMoved Limited (iMoved) agrees to provide the “I’m moving house” service (Service) to you on the terms and conditions set out below.

Use of the service

iMoved will, on your behalf, notify the organisations that you selected on the iMoved.me website (Website) to advise them of your new contact details at no charge.

You must not use the Service:

  • to notify iMoved of a change of address for any person that has not given you authority to do so;
  • for any fraudulent or unlawful purpose; or
  • to cause annoyance or to send any material which is offensive.

You acknowledge that:

  • you are responsible for ensuring the details you give iMoved are complete and accurate;
  • it is the organisation/business who you notified who is responsible for processing your change of address request. For security purposes, they may contact you to ask you for further information and/or confirmation of the information that you entered into the Service; and
  • your personal details (including full name and address) will be included in iMoved’s database (Database). The Database can be rented by organisations and businesses to update their existing databases. An organisation or business that rents the Database may only use the Database to update your details if you are currently in its existing database and is prohibited from adding you if you are not currently in its database. The Database cannot be used by the organisations or businesses to solicit to you or send you marketing material.

Privacy

Your personal information is being collected by iMoved so that iMoved can notify the organisations that you have selected to notify using the Service, as well as to ask for your feedback on the Service and provide you with information about other products and services. Your personal information will also be used for the purposes as otherwise set out in these terms and conditions.

Other than as set out in these terms and conditions, or where required by law, your personal information will not be disclosed to third parties. You can access and correct your personal information by writing to iMoved, PO Box 106677, Auckland City, 1143.

Security

If your browser is suitably configured, it will advise you whether the information you are sending to iMoved will be secure (encrypted) or not secure (not encrypted). If secure transmission is indicated, iMoved currently uses a digital certificate.

iMoved will use secured APIs (Application Programming Interface) with Oauth connection to notify the organisations you have selected using the Service of your new details and from which those organisations are able to collect and transfer your change of address details straight into their systems.

Limitation of liability

To the maximum extent permitted by law iMoved’s liability for any loss or damage however caused in providing the Service is excluded.

You indemnify and keep indemnified iMoved against any loss or damage however caused arising out of or in connection with your use of the Service or breach of these terms and conditions.

Intellectual Property Rights

iMoved owns all proprietary and intellectual property rights in the Website (including text, graphics, respective logos and icons) and the software and other material underlying and forming part of the Services and the Website.

You may not without our prior written permission, in any form or by any means:

  • Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
  • Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.

General

iMoved may make changes to the content of the Website and these terms and conditions at any time and without notice. By continuing to use the Website after any changes have been made, you acknowledge that you will continue to be bound by these terms.

If you breach any of these terms and conditions iMoved has the discretion to suspend your use of the Service.

These terms and conditions are governed by New Zealand law.

 


 

Business customer terms and conditions

This section is for businesses wishing to receive notifications from customers.

iMoved Limited (iMoved) agrees to provide the Services to you (Customer) on the following terms and conditions.

1. Definitions

In these terms and conditions:

Account means an account that an individual or business has opened with iMoved to advise iMoved of any changes to that person’s contact details. 

Agreement means the contract that: 

(a) is created when the Customer clicks “I agree” on the Website; and

(b) includes these terms and conditions.

Data means the names and addresses (including previous addresses) of individuals and businesses who have an Account. 

Fees means the fees specified for the relevant services from time to time on the Website.

Intellectual Property Right includes copyright, all rights conferred under statute, common law or equity in relation to inventions (including patents), registered and unregistered trade marks and business and domain names, registered and unregistered designs, circuit layouts, databases, confidential information and know-how, and all other rights resulting from intellectual activity in any field anywhere in the world, trade secrets or confidential or other proprietary information, together with all right, interest or licence in or to any of the foregoing.

Services means the services that the Customer has agreed to purchase on the Website.

Website means the website at www.iMoved.me.

2. Term

This Agreement commences on the date that the Customer clicks “I agree” on the Website when registering, by both parties. This Agreement shall be automatically renewed each year unless terminated earlier in accordance with clause 10.

3. Services

3.1 Licence of Data

 (a) iMoved grants to the Customer a non-exclusive and non-transferable licence to use the Data solely for its own internal business purposes.

 (b) The Customer shall not use the Data for any other purpose or in any other manner whatsoever.

 (c) Name and phone number information in the Data shall only be used as a ‘matching key’ against addresses in the Customer’s own or a customer’s database. The Customer shall not provide any name information to any customer or third party.

 (d) The Customer shall not include in its own or its customer’s database any address from the Data which is not in its own or the customer’s database, as applicable.

3.2 Ownership 

The Data and all Intellectual Property Rights and other rights in and to the Data, including all modifications, adaptations and developments of the Data made by iMoved from time to time remain the property of iMoved.

3.3 Compliance with the law 

The Customer must comply with the requirements of the Privacy Act 1993 and any other applicable law or regulations relevant to its possession or use of Data.

4. Provision of Data

4.1 Supply of Data

iMoved shall supply the Customer with online access to the Data. iMoved will update changes to Account information (including new Accounts added and deleted Accounts) on a daily basis.

Changes to Data 

iMoved reserves the right to change the file structure of the Data at any time. iMoved will give reasonable notice to the Customer prior to making any such change which iMoved considers at its sole discretion will have a material impact on the Customer’s use of the Data.

5. Payments

5.1 Payments to iMoved 

The Customer shall pay the Fees to iMoved within 14 days of the date of iMoved’s invoice.

5.2 GST and invoicing

All Fees are stated exclusive of GST. iMoved will deliver a tax invoice to the Customer on or before the due date.

5.3 Interest on overdue monies 

If the Customer defaults in the payment of any amount payable under this Agreement by the due date for payment, then the Customer shall pay to iMoved interest at the rate of 12% per annum on the monies unpaid from the due date for payment until the actual date of payment.

6. Marketing and promotion

6.1 Marketing 

The Customer agrees that iMoved may use the Customer’s name and company details to promote the iMoved service on the Website and in other marketing and promotional material.

6.2 Use of Customer trade marks

iMoved shall only use trade marks or brands of the Customer after seeking the Customer’s prior written approval of the style and presentation of such trade marks or brands, such approval not to be unreasonably withheld or delayed.

6.3 Trade marks

The Customer may use the iMoved trade marks to promote the iMoved service to its customers and prospective customers on the Website and in any other marketing and promotional material.

6.4 Restrictions 

Neither party shall:

 (a) make any misrepresentations or misstatement about; or

 (b) do anything that adversely reflects on, detracts from or otherwise prejudices the reputation or standing of, the other party or the other party’s products and services.

7. Review of this Agreement

7.1 Agreed changes

The parties may agree to change this Agreement at any time provided that any changes must be recorded as a variation to this Agreement in accordance with clause 11.9.

7.2 Changes by iMoved

Notwithstanding clause 7.1, iMoved may, at its sole discretion, at any time after the initial term, amend this Agreement by giving the Customer at least 100 days’ notice in writing of such changes. Such a notice shall be deemed to be a variation of this Agreement in accordance with clause 11.9.

8. Warranties

8.1 Power and authority

Each party warrants to the other that it has full power and authority to enter into and to perform its obligations under this Agreement.

8.2 Intellectual Property

iMoved warrants that:

 (a) the Data has been collected in compliance with the Privacy Act 1993;

 (b) the use of the Data by the Customer in accordance with this Agreement will not infringe the Intellectual Property Rights of any other person; and

 (c) iMoved owns, or holds the necessary licences in, all the Intellectual Property Rights in the Data.

iMoved owns all proprietary and intellectual property rights in the Website (including text, graphics, respective logos and icons) and the software and other material underlying and forming part of the Services and the Website.

You may not without our prior written permission, in any form or by any means:

  • Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
  • Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.

8.3 No implied warranties 

iMoved’s warranties are limited to those set out in this Agreement and any implied conditions or warranties are hereby excluded. Without limitation, iMoved does not warrant the Data will be free from errors, omissions, inaccuracies, viruses or other destructive code, nor does it warrant the Data will meet the requirements of the Customer, be fit for any purpose whatsoever (including, for the avoidance of doubt, the purpose set out in clause 3.1), or for use in any specific technical environment, or that the use of the Data by iMoved will comply with the Privacy Act 1993.

8.4 Consumer Guarantees Act

The Customer agrees and represents that it is acquiring the Data for the purposes of a business and that the Consumer Guarantees Act 1993 shall not apply to the supply of the Data or this Agreement.

9. Indemnities and liability

9.1 Customer indemnity 

The Customer indemnifies and keeps indemnified iMoved and its employees and agents from and against any and all claims, proceedings, damages, liabilities, expense, costs (including client and solicitor costs and the costs of complying with any order by a court or other regulatory body) and losses (including losses arising from complying with any order by a court or other regulatory body) arising out of or in relation to:

 (a) any breach of this Agreement by the Customer or its employees, agents or distributors; or

 (b) the use of the Data by any person who has obtained the Data from the Customer.

9.2 Exclusion of consequential loss

Neither iMoved nor Customer shall be liable under or in connection with this Agreement to the other, in any circumstance whatsoever, for any claim for any loss of profit, loss of revenue, loss of business or other form of economic loss, or for any form of indirect, incidental, consequential or special loss or damage. This limitation of liability applies however liability arises, whether in contract, tor (including for negligence), breach of statutory duty or otherwise but does not apply to:

 (a) the indemnity contained in clause 9.1; or

 (b) either party’s breach of the obligations contained in clauses 3, 8, 11.5 or 11.6.

9.3 Limitation of liability

To the fullest extent permitted by law, if a party is held liable under or in connection with this Agreement or the Data, the aggregate liability of that party shall not, in any event, exceed the value of the Fees payable for the initial term.

9.4 Intellectual property indemnity

iMoved indemnifies the Customer against and will, at its cost, defend or settle any claim, suit, action or proceeding (collectively, an Action) brought against the Customer attributable to a claim that the authorised use of the Data by the Customer in accordance with this Agreement constitutes a breach of the Intellectual Property Rights of a third party, provided that:

 (a) the Customer notifies iMoved promptly in writing of any Action and gives iMoved complete authority and information required for the conduct of the Action and its defence, settlement or compromise;

 (b) the Customer co-operates with the iMoved in defending or settling the Action and makes its employees, agents and distributors available to give such statements, advice and evidence as iMoved may reasonably request;

 (c) the Customer does not do, or omit to do, any act, including making any admissions, that would compromise iMoved’s position in relation to defending or settling the Action; and

 (d) the Customer at iMoved’s instructions:

    (i) amends its databases, software and/or services to remove any material which is the subject of a claim that the Intellectual Property Rights of a third party have been breached;

    (ii) ensures that each of its customers also removes any such material from their own databases; and

    (iii) takes such other actions as iMoved may reasonably require to remedy or mitigate any alleged breach of Intellectual Property Rights.

10. Termination

10.1 Without fault termination

Either party may terminate this Agreement after the end of the term by giving at least 90 days written notice to the other party.

10.2 Termination by either party for default 

A party may terminate this Agreement immediately on giving written notice if the other party commits a material breach of its obligations under this Agreement and, if that breach is able to be rectified, fails to rectify such breach to the other party’s reasonable satisfaction within 14 days of being given notice to do so.

10.3 Consequences of termination

Upon termination of this Agreement (for any reason):

 (a) any accrued right or liability of either party shall be unaffected; and

 (b) the Customer must immediately return, destroy or erase (at iMoved’s option) all copies of the Data in its possession.

11. General

11.1 Force majeure 

A party shall not be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond that party’s reasonable control provided that if such delay or non-performance continues for a continuous period exceeding 30 days, either party may by written notice terminate this Agreement.

11.2 Waivers 

A waiver (whether express or implied) by either party of any provision of this Agreement or of any breach of or default by the other in performing any provision shall not be effective unless in writing and shall not constitute a continuing waiver and shall not prevent the waiving party from subsequently enforcing any provision of this Agreement not waived nor from acting on any subsequent breach of or default of the other party under the provisions of this Agreement.

11.3 Notices

 (a) Each notice or other communication under this Agreement must be in writing and be made by email, personal delivery or by post. The initial email, address and contact person for the Customer have been entered by the Customer into the Website and for iMoved are available via the “Contact us” tab of the Website.

 (b) No communication shall be effective until received. The communication is deemed to be received by the addressee:

    (i) in the case of an email, on the business day on which it is sent or, if it is sent after 5pm (in the place of receipt) on a business day or on a non-business day, on the next business day;

    (ii) in the case of personal delivery, when delivered; and

    (iii) in the case of a letter, on the third business day after posting.

11.4 Further acts 

The Customer shall sign and deliver any document and undertake any act, matter and thing which is reasonably required or requested by iMoved to carry out and give effect to the intent and purpose of this Agreement.

11.5 Confidentiality 

This Agreement and any information made available to a party pursuant to this Agreement (including the Data and documents and information relating to the Data) shall be kept strictly confidential by the recipient party provided that this obligation shall not apply to any information which:

 (a) is in the public domain other than by default of the recipient party, other than the Data itself;

 (b) is obtained by the recipient party from a bona fide third party having the right to disseminate such information;

 (c) is or had already been independently generated by the recipient party; or

 (d) is required to be disclosed by law or by any Stock Exchange.

11.6 Protection of the Data

Notwithstanding clause 11.5, the Customer must at all times ensure that the Data is used only in accordance with the terms of this Agreement and for this purpose, without limitation, must at all times keep the Data secure and confidential.

11.7 Publicity

A party may not make press or other announcements or releases relating to this Agreement, the Data, and the transactions the subject of this Agreement without the approval of the other party as to the form and manner of the announcement or release unless that announcement or release is:

 (a) required to be made by law or by a stock exchange; or

 (b) of a general nature that does not involve the disclosure of any of the Data or any commercial terms of this Agreement.

If a party is required by law or a stock exchange to make an announcement relating to this Agreement that party must take all reasonable steps to consult with the other parties on the terms of the required announcement.

11.8 Assignment 

The Customer may not assign this Agreement or any right, obligation or entitlement under it without the prior written consent of iMoved.

11.9 Variation 

This Agreement shall not be varied unless such variation is expressly agreed in writing by both parties.

11.10 Governing law 

This Agreement is to be governed by and construed in accordance with New Zealand law and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

11.11 Entire agreement 

This Agreement supersedes all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement between the parties, relating to the subject matter of this Agreement.

11.12 No partnership or agency 

Nothing contained in this Agreement is deemed to constitute the parties partners nor, constitute any party the agent or legal representative of another party. No party has authority to act or to assume any obligation or liability on behalf of any other party except as expressly provided in this Agreement.

11.13 Severability

If any one or more provision of this Agreement become invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired by it.

11.14 Binding effect 

The terms of this Agreement shall not bind any party until it has been executed by both parties.

11.15 Survival 

The provisions of this Agreement, which by their nature are intended to survive termination of this Agreement, including clauses 9 and 11.5, shall remain in full force and effect following the termination of this Agreement.

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