By visiting and using the website in any way you agree to these terms andconditions, so please read them carefully.

DEFINITIONS AND INTERPRETATION

1. Definitions

1.1. In these Terms:

“Fee” means any of the fees charged to users in connection with their use of thewebsite and bot;

“Intellectual Property” includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to confidential information, know-how, and all other rights resulting from intellectual activity and includes any enhancement, modification or derivative work of such intellectual property;

“Interview” means the interactive question and answer medium through which outputs are created using the bot;

“Loss” includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis;

“Output” means the end product produced by completing an interview associated with a bot;

“Privacy Policy” means our privacy policy, as amended from time to time;

“Terms” means these terms and conditions, as amended from time to time;

“User” means any person or organisation who visits and/or uses the website or uses the bot or output or other content or information from the website;

“We, Us or Our” means On the Road Again and where applicable On the Road Again and its related parties;

“Website” means https://www.ontheroadagain.co.nz any associated social media, landing or other associated webpages, sub-domains and any services accessed through the website, such as the bots or outputs; and

“You” or “Your” means you or any other person or organisation who is a user (as applicable).

2. Interpretation

2.1. “Including” and similar words do not imply any limit.

2.2. Words in the singular include the plural and vice versa.

2.3. A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.

2.4. The section headings contained in this agreement are for reference purposes only and shall not affect the meaning or interpretation of this agreement.

GENERAL

3. Fees and Refunds

3.1. The fee you will be charged will have been notified to you clearly on the website prior to purchase.

3.2. Except as required by law, no refunds shall be paid in respect of any correctly charged fees.  If a technical issue prevents you from accessing a bot, you agree to give us a reasonable opportunity to resolve that issue during normal business hours. Where we deem a refund is necessary, we reserve the right to withhold transaction fees (including relevant credit card fees) from any amount refunded, or to make any other reasonable deductions.

4. Intellectual Property

4.1. The website contains intellectual property owned by us.

4.2. You retain all intellectual property rights to any content that you provide to the bot, except that, you grant us all intellectual property rights that we need in order to:

4.2.1. Host your intellectual property on the website and to provide all associated services and functionality; and

4.2.2. We are not required to pay you for any of your intellectual property other than where a fee is due pursuant to these terms.

4.4. We retain all intellectual property rights in the website, all underlying systems, and any content that we upload to the website.

4.5 You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, or in any way exploit in any format whatsoever any of the content on the website, or any bot or any output, in whole or in part, without the prior written consent of the owner of that intellectual property, and/or otherwise than in accordance with these terms

5. Applicable Laws

5.1. These terms, and any dispute relating to these terms or the website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these terms or the website.

6. General

6.1. These terms set out everything agreed between us and you relating to your use of our services and cancel anything discussed, exchanged or agreed relating to the subject matter of these terms.

6.2. The parties have not relied on any representation, warranty or agreement that is not expressly set out in the terms, and no such representation, warranty or agreement has any effect from the date you agreed to these terms.

6.3 Access to the website and bot is subject to our Privacy Policy, which can be viewed here [add link]. 

WEBSITE

7. Application of Terms

7.1. If You do not agree to these terms, you are not authorised to access and use the website and you must immediately stop doing so.  

7.2. Where you access the website on behalf of another person or other entity, you confirm that you are authorised to, and agree to these terms on that person or entity’s behalf. By agreeing to these terms on that person or entity’s behalf, that person is bound by these terms.

8. No Legal Advice

8.1. On the Road Again provides a document drafting services and is not a substitute for legal or other professional advice.

8.2. Your use of the website or bot does not create a lawyer-client relationship between you and On the Road Again, even where your use of the output produced by the bot or On the Road Again is intended to be used in court.

8.3. Neither the website, bots nor outputs provide legal conclusions, legal advice, opinions or recommendations and nothing contained on the website or in a bot or output may be construed as such.

8.4. Communication between users and any information provided, stored or downloaded may not be protected by legal privilege.

8.5. It is your responsibility to ensure that any bot or output meets your specific requirements, and where necessary you should seek professional advice before taking any action.

9. Payments

9.1. All payments are to be made by credit or debit card unless otherwise agreed with us.

9.2. We do not receive or store your credit card details.

9.3. All payments made through the website are made using the Stripe payment platform. You agree that Stripe may retain personal information that you disclose to them, including your credit card details.

9.4 For more information about Stripe, please visit their website: https://stripe.com.

10. Changes

10.1. We may change these terms at any time.  We may notify you by email or by updating them on the website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest terms and conditions applying to your use of the website and everything associated with it. By continuing to access and use the website and everything associated with it, you agree to be bound by these terms (as amended from time to time).

10.2. These terms and conditions were last updated on 12 January 2023.

11. Liability and Indemnity

11.1. Although we work hard to produce the best service we can, your use of the website, bot and all other transactions between us, you and other users, are conducted entirely at your own risk.

11.2. The website, its content, bot and outputs are provided on “as is” and “as available” basis.

11.3 To the maximum extent permitted by law, we exclude all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss or damage resulting, directly or indirectly, from any use of, or reliance on, the website or any of our services.

11.4. To the maximum extent permitted by law, any claim by you against us will be limited in respect of any one incident, or series of connected incidents, to the amount of fees paid by you to us.

11.5. We give no undertaking, representation, or warranty in relation to the website, its content, any bot, output, or any other information or content a user submits or provides via the bot.

11.6. You agree to indemnify us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us arising out of or in connection with your failure to comply with these terms.

11.7 You are responsible for ensuring that your access to and use of the website, including any bots or outputs is not illegal or prohibited, and for your own compliance with applicable laws.

11.8. You acknowledge that bots, outputs and the website, may contain inaccuracies and/or errors, and may not be complete and/or suitable for your purposes. We do not accept any liability for such mistakes, inaccuracies and errors, nor are we required to update any bot or output to reflect changes in the law or any other relevant rule or regulation or changed fact or circumstance. Where necessary, you should seek professional advice.

11.9. Nothing in these terms is intended to limit or exclude liability that cannot be excluded or limited under applicable consumer laws, including the New Zealand Fair Trading Act 1986 and the Consumer Guarantees Act 1993.

12. Availability of Our Website

12.1. While we aim to provide uninterrupted access to the website, we may change, suspend, discontinue, or restrict access to the website, including any bot or output, without notice or liability. Generally, this will only occur where we are performing routine maintenance, which, where possible, we will do outside of normal business hours. We will not be liable to you or any third party for any harm related to, arising out of, or caused by any changed, suspended, discontinued or restricted access to the website. 

12.2. You acknowledge that currently some website and bot features are only available when using Google Chrome.

13. Your Obligations

13.1. You agree that You will:

13.1.1. provide true, current and complete information in your dealings with us and must promptly update that information as required so that the information remains true, current and complete;

13.1.2. not act in a way, or use or introduce anything that in any way may compromise, the website or any underlying system, or otherwise attempt to damage or interfere with the website or any underlying system;

13.1.3. access the website via standard web browsers only and not by any other method.

13.1.4. not use the website, including any bot or outputs for unauthorised or unlawful purposes (such unauthorised use may be a criminal offence and/or give rise to a claim for damages);

 13.1.5. not submit, post, transmit, or make available anything on the website that is illegal, inappropriate, profane, obscene, defamatory, knowingly false and/or infringes copyright;

13.2. You must obtain our written permission to establish a link to the website, other than by linking through a bot. If You wish to do so, email your request to info@ontheroadagain.co.nz.

14. General

14.1. Where we promote you, we retain all intellectual property rights in any materials that we create which include you and/or your business/company’s name and/or branding.

14.2. Any link on the website or any of our social media pages to other websites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

14.3. If we need to contact you, we may do so by email. You agree that this satisfies all legal requirements in relation to written communications.

14.4. For us to waive a right under these terms, the waiver must be in writing.

14.5. If any part or provision of these terms is or becomes illegal, unenforceable, or invalid, that part or provision (only) is deemed to be modified or deleted to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated as severed from these terms. The remainder of these terms will be binding on you.

15. Feedback and Information

15.1. If you have any feedback, please tell us by contacting us at info@ontheroadagain.co.nz.

15.2. Any feedback you provide shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis (including as a testimonial), however we undertake to anonymise your details if you request that.