These Terms apply to all use of the Website (including any paid use of the Services), and any free trial of the Services.
Non-compliance with these Terms
If a User does not comply with these Terms, Vend may, at its discretion and with or without notice, cancel or suspend that User's account and refuse to provide Services to that User.
Vend reserves the right to amend or update these Terms and the Services it provides at any time with or without notice to Users, and may also add new features that will be subject to the Terms. Any User who continues to use the Website or Services after any changes have been made will be taken to have agreed to those changes. Users should therefore check these Terms regularly. New versions of these Terms will be dated according to the date on which they took effect.
In order to access and use the Services, Users will need to:
- be 13 years or older;
- be a natural person, as accounts and User logins may not be registered or accessed via bots or other automated methods; and
- provide certain information about themselves, including a full legal name and email address (as prompted by the Website) ("Account Information").
All Users agree to provide true, accurate, current and complete Account Information, and to maintain and promptly update their Account Information in order to ensure that it remains true, accurate, current and complete.
Cancellation of accounts
Vend reserves the right to cancel or suspend any User's account at any time in its sole discretion, and all Users are entitled to cancel their account with Vend at any time. All cancellations will result in the deactivation or deletion of the User's account.
An email or phone request to Vend to cancel a User account is not considered cancellation. Users may only cancel their account through the Website. If a User elects to cancel its account, cancellation will not become effective unless and until no money is owing on that User's account. If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
All of your data and content will be deleted from our systems immediately upon cancellation of your account. This content cannot be recovered once your account is cancelled. Vend is not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
Users may downgrade their accounts (for example, from Large to Medium or Small, or from Medium to Small) at any time by following the steps on the Website. The downgrade will become effective immediately. No refunds will be paid in respect of any unused portion of any higher account offering.
Downgrading your Services may cause the loss of content, or features of capacity of your account. If you choose to downgrade your account, Vend does not accept any liability for the resulting loss of data, content, features or capacity.
All Services are charged in advance on a monthly basis and are non-refundable, including for partial months of Services, Service upgrades or downgrades or unused Services in an open account. Vend will not be held liable in any way for any lack of refunds in connection with the Services. A valid credit card number is required for paying all User accounts.
If a User is carrying out a free trial of the Services (as offered on the Website), the free trial will begin on the day that the User's account is opened and end 30 days later. At the end of the free trial period, Users will need to provide a valid credit card number in order to further use the Services.
Vend will charge a User's credit card for any upgrade that a User opts for in respect of the Services at the start of the User's next billing monthly cycle.
The fees charged for the Services ("Fees") are subject at all times to change by Vend giving 30 days notice, which will be posted on the Website. Vend shall not liable to Users or any third party for any modification to the Fees.
All Fees are exclusive of all taxes (other than New Zealand GST), and the User indemnifies and holds Vend harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.
Each User will be responsible for all activity that results from its use of the Services. Vend disclaims any and all liability in relation to each Users' use of the Services, and will not be held accountable if a User suffers any loss or damage as a result of its use of the Services, including (but not limited to) any loss or damage resulting from:
- any downgrade of the Services that Users may opt for through the Website; and
- the cancellation of any User's account.
Services are provided "as is"
The Website and Services are provided on an "as is" and "as available" basis, and your use of them is at your sole risk. Vend does not warrant that: (a) the Services will meet your specific requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; or (e) any errors in the Services will be corrected.
You acknowledge that Vend may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide the Services. The acts and omissions of those third party suppliers may be outside of Vend's control, and Vend does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
On behalf of itself and such third party suppliers, Vend excludes any other warranties that may be implied or otherwise apply under statute or otherwise under applicable law, to the maximum extent permitted by law.
Vend shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Vend has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (c) unauthorised access to or alteration of your transmissions or data; (d) statements or conduct of any third party regarding the Services; or (e) any other matter relating to the Services.
Vend's maximum aggregate liability under or in connection with this Agreement shall be limited to the amount of Fees paid to Vend by the relevant User per month, multiplied by 12.
Each User indemnifies, and will keep indemnified, Vend against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Vend may incur or be subject to or suffer as a result of the relevant User's use of the Services.
No illegal use
No User may use the Website or Services for any illegal or unauthorised purpose, or upload any information that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person, entity or organisation.
No malicious use
Users may only access the Website and Services through the interface provided by Vend, and must not use the Website or Services for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other User of the Website or Services.
All Users agree that Vend owns all of the intellectual property rights existing in the Website and Services. However, Vend claims no intellectual property rights in relation to the information or content uploaded to the Website by Users.
No User may publish or use Vend's brand, branding or logos except with Vend's prior written consent.
Technical support and malfunctions
Vend will try to promptly address (during normal business hours) all technical issues that arise on the Website or in connection with the Services. However, Vend will not be liable for any loss suffered as a result of any partial or total breakdown of the Website or any technical malfunctions resulting in an inability to use the Services (either in whole or in part). You agree that Vend's support team may access your account from time to time in order to diagnose and fix problems.
Users are responsible for maintaining the security of their account and password on the Website. Vend will not be liable for any loss or damage that may result from any failure to keep User names and passwords secure.
Vend makes efforts to keep content uploaded by Users secure, but will not be liable for any loss or damage that may result from any breach of security, or any unauthorised access or use of that content.
Governing law and jurisdiction
These Terms shall be governed by New Zealand law, and all Users submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.