Terms and Conditions

These Terms and Conditions (Terms) set out the terms and conditions on which Ippolito Limited (we, our or us) agrees to permit you to use the SquareKicker services (the Services), including through our website, squarekicker.com, and any related websites or applications operated by us, (the Website).

By using the Services or the Website you and/or the entity you represent (you, your) agree to be bound by these Terms, as altered by us from time to time. If you do not wish to agree to these Terms, including any updated version of these Terms, you must stop using the Services and the Website. 

INTRODUCTORY

  1. Our Services

    1. We provide the Services to facilitate people and businesses to build their websites or build websites for their customers using the Squarespace website building service, without having to draft their own software code. 

    2. The Services facilitate the creation of websites. We do not control or have any input into the content of those websites, and have no responsibility for their terms or liability for their performance. We also have no control over, and no responsibility for, the operation of the Squarespace service. 

  2. Eligibility

    1. The Services are only available to, and may only be used by, persons who can form legally binding contracts under applicable law. The Services are not available to persons who are under the age of 18.

    2. The Services may only be used in relation to websites that are being built and used for legal purposes.

    3. If you register with us as a business entity or on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

    4. We may decline to register you for any reason and we are not obliged to state such reason.

  3. Your website

    1. The website you build, whether for yourself or your customers, (your website) and the visitors, customers and users of your website (End Users) are your sole responsibility. You understand and agree that you are solely responsible for:

  1. providing products, services and support to your End Users; and

  2. compliance with any laws or regulations related to your website and/or your End Users. 

  1. We are not liable for, and you will have no claim against us in relation to, any claim from any of your End Users, even where such claim relates to, or results from, an error or defect in the Services or the Website. 

  1. Squarespace

    1. You acknowledge and agree that you are solely responsible for maintaining an active account with Squarespace for your website, and compliance with all Squarespace terms and conditions. 

    2. By using the Services, you agree that we are entitled to have access to, and exercise control over, aspects of your website and your Squarespace account, in accordance with your use of the Services. If you do not provide this consent and control we will not be able to provide the Services to you. 

    3. We do not provide any warranties, and accept no responsibility or liability, in relation to the operation of Squarespace or any functionality provided by Squarespace. 

    4. Changes to the Squarespace service may, from time to time, affect the operation of the Services or the Website. We will use our reasonable endeavours, as determined in our sole discretion, to resolve any issue with our Services or Website arising from changes to the Squarespace service, within a reasonable timeframe as determined by us in our sole discretion. 

  2. Fees

    1. You agree to pay us the fees for the Services, as amended by us from time to time and either published on the Website or provided to you in writing. 

    2. We reserve the right to vary our fees at any time. Updated fees will apply to the next renewal of your registration with the Services. We may correct pricing errors at any time. All fees are exclusive of any goods and services, value added or sales taxes, or other taxes, which you will pay in addition unless otherwise stipulated. 

    3. You agree to pay the fees in the manner we prescribe from time to time. 

    4. No refunds will be given for any fees paid by you under these Terms.

  3. Information

    1. You agree that you are responsible for keeping the information connected with your account up to date. 

    2. You agree that, when you register for our Services, and whenever you provide us with any information or materials, either through the Website or in any other way:

  1. all information that you provide to us will be accurate, complete and up to date, and you will provide us with all information requested; 

  2. you have all the rights necessary to provide the information and materials to us and for us to make the information and materials available to others as part of our Services; and

  3. for any personal information you provide to us about any person, you have obtained that person’s consent to provide us with that information and for us to use that information in accordance with these Terms and to provide the Services.

  1. Indemnity

You agree to at all times indemnify us and our officers, servants and agents against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us or our officers, servants and agents arising out of or in connection with your use of the Services or any of your employees’, contractors’, customers or third parties’ to whom you grant access use of the Services, any claims against you from any of your customers or any user of your website, any claims relating to your website, and any information or materials provided by you or anyone else using your account and/or any breach of these Terms.

  1. Ending the Services

    1. You can terminate your registration with the Services at any time through the Website. No refund of fees will be payable. 

    2. If you end your registration for the Services you will no longer be able to use the Services to make any changes or updates to your website. As long as we continue to provide the Services to customers generally, you will be able to continue to use your website as built through the Service, and access any code or data used through the Service for that purpose. We will notify you if we intend to stop providing the Services generally. 

  2. Details

    1. You undertake and warrant that all information you provide to us is true, current and complete. You will promptly notify us of any changes to your contact details and provide such other information that we may reasonably require from you from time to time.

    2. You agree not to: 

  1. impersonate another person; 

  2. use a false name or a name you are not authorised to use; 

  3. create a false identity or provide a false address or email address; 

  4. be misleading as to the identity or origin of any communications; or

  5. use the Website or the Services for any illegal purpose.

  1. Intellectual Property Rights

    1. You acknowledge and agree that all intellectual property rights in the Services, our software and our Website, and all code that is used to provide the Services to you, including code that is implemented on your website, are owned by us or our licensors. You may not in any form or by any means adapt, reproduce, store, perform, publish or create any derivative works from any part of this Website or our software or commercialise or on-sell any information or software obtained from this Website or from us.

    2. You agree to abide by these Terms and such other terms and conditions relating to use of our Website and any materials on our Website as we or our licensors may specify from time to time.

    3. We welcome your feedback, ideas or suggestions (Feedback), but you agree that we may use your Feedback without any restriction or obligation to you, even if you terminate your registration with the Services. 

  2. Errors and Complaints

    1. You must contact us immediately if there is an error or defect in the Services or the Website. 

    2. We will use all reasonable endeavours to correct any such error, but, to the maximum extent permitted by law, will not be liable for any losses (whether direct, indirect, or consequential) arising from an error or defect within the Website or our Services. 

  3. Compliance with policies

By using the Services or the Website, you agree to comply with any policies or other requirements issued by us from time to time, and those policies and other requirements will form part of these Terms.

  1. Privacy policy

Your privacy is important to us. We gather, process, use, store and disclose information about you in accordance with our privacy policy, which may be found here. Our privacy policy forms part of these Terms, and by using the Services or the Website you agree to our privacy policy. 

  1. Security

    1. We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard the information you provide to us from access or use by unauthorised persons, but we provide no warranty or guarantee as to security.

    2. You are responsible for keeping your login information, including your email address and password, secret and secure. You agree not to permit any other person to use your name or access your account and not to disclose (directly or indirectly) any information that may allow another person to gain access to your account. 

  2. Your account 

We reserve the right to suspend or terminate your account with us if we suspect that you have breached these Terms or breached any applicable law or we otherwise consider that such suspension or termination is required. 

  1. Website integrity

You must not attempt to damage, interfere with or harm our Website or our Services, or any network or system underlying or connected to them in any way whatsoever.

  1. Amendments

    1. We may amend these Terms from time to time. Notice of any such amendments will be announced on this Website and will be effective immediately, unless we state otherwise. You are responsible for reviewing these Terms regularly to obtain timely notice of any such changes.

    2. Your continued use of the Services or our Website will constitute your acceptance of any changes or revisions to these Terms.

  2. No Warranties

    1. You understand and agree that your use of our Services is at your sole risk. 

    2. The Website and the Services are provided on an “as is” and “as available” basis. To the maximum extent provided by law, we disclaim and exclude any implied conditions or warranties (including, without limitation, any warranties of merchantability and fitness for a particular purpose).

    3. Without limiting the above, to the extent permitted by law, we do not warrant that the Services or the Website will be uninterrupted, timely, secure, error-free or that any information or materials provided through the Services or the Website are accurate, complete or up-to-date.

    4. All statements, information and recommendations made by us about the Services are believed to be reliable, but do not constitute a guarantee or warranty. 

  3. Maximum Liability

If we are found to have any liability under or in connection with these Terms, to the extent permitted by law, the maximum amount of our liability arising out of all claims under these Terms or relating to the Services or the Website will not in any circumstances exceed NZ$100.

  1. Waiver

Our failure or delay to exercise any right or remedy we may have under these Terms will not be construed or operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.

  1. Governing Law

These Terms will be governed by the law of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

Last updated [March 2021]

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