Terms of Service

Last updated: 27 March 2020

When you sign up to use the Services, by creating an Account with us, and/or becoming a User, you agree to be bound by the following Terms of Service.

You must read and accept all of the Terms of Service contained in this document, including our Privacy Policy, before you may become a User.

Definitions

These definitions should help you understand the Terms of Service:

When we say “we,” “us,” “our,” and “Airsquare,” we are referring to Airsquare Limited, headquartered in Nelson (New Zealand)
When we say “Services”, we are referring to our websites, mobile applications, products and services.
When we say “User,” we are referring to the person that is registered with us to use the Services.
When we say “Account”, we are referring to the account you’ve created for your organisation/business to use our Services.
When we say “you,” we are referring to you, a User who uses our Services.
When we say “Terms of Service”, we are referring to this document.

Changes

We reserve the right to modify the Terms of Service at any time.

If we makes changes to the Terms of Service, the updated Terms of Service will be posted on the Services in a timely manner and, if we make significant changes, we will provide a prominent notice.

All updates and amendments are effective immediately upon notice.

We encourage you to periodically review this document.

If you object to any of the changes to the Terms of Service, you should stop using the Services and delete your Account.

Questions and concerns

If you have questions or concerns about our Terms of Service, please contact us at helpdesk@airsquare.com.

Copyright

You agree that the Services contain copyrighted material; The Services are the intellectual proprietary property of Airsquare. Their use is controlled by these Terms of Service.

You agree that you will not attempt to discover, redistribute, reproduce or use any programming code that the Services use.

You may not publish or use the Airsquare brand, branding or logos unless you obtain our written consent.

You agree that you have the right to use any trademarks or copyrights that you are using within the Services.

In the interests of respecting Intellectual Property (“IP”), we will address any notices of alleged copyright infringements by any User. If an individual deems that you are infringing their IP rights, they may send us a notice regarding this. We reserve the right to suspend your Account until such a dispute has been investigated and resolved.

License

While you are logged in to your Account, you have a non-transferable, temporary licence to access and use the Services in accordance with the Terms of Service stated in this agreement.

You are not permitted to store the software or documentation on any device, or to copy any of this information for your own use or resale. Any improper use of the Services will result in the cancellation of the temporary licence granted. As a User, no licence to intellectual property rights has been granted to you.

Domains and sub-domains

Domains are your responsibility.

We provide free use of sub-domains (i.e. yoursite.airsquare.com) to allow you to host your Account. You agree that we own and retain the rights to all Airsquare sub-domains.

General Terms of Use

To sign up for an Account and to use the Services, you must be 18 years of age or over.

You agree that you will use the Services for lawful purposes only.

We reserve the right to immediately turn off your Account and delete it (even during the free trial) if it's content is deemed inappropriate, as judged by us; content that is illegal, violent, sexually explicit, obscene, pornographic, inflammatory, abusive, threatening, misleading, slanderous, libellous, spam and/or contains unethical commercial content intended to drive internet users to third party sites and/or boost the search engine rankings of third party sites cannot be uploaded, published, distributed or 'linked to' on any Accounts which are using the Services.

We do not allow you to use the Services as a file repository only and we will delete your Account if we deem this to be occurring.

You are not permitted to access the Services through an automated device or computational machine; the use of robots or any other computer code that attempts to data-mine the Services is not allowed.

You are not permitted to use the Services to distribute spam (junk mail) or to collect personal information about people without their consent.

We assume no liability for any content, legality, business, links to third party sites, quality or security associated with your Account.

We reserve the right to remove any messages on the public interactive areas of your Account (e.g. comments on blog posts), if they are deemed to be inappropriate.

These Terms of Service apply to your Account during the free trial period.

The Services are provided for use in business and therefore consumer laws do not apply.

We accept no responsibility for any loss of your data: you are responsible for your own backups.

Any Users that you invite to administer your Account also agree to these Terms of Service.

We reserve the right to refuse to do business with you.

You cannot lease the Services to anyone else.

We reserve the right at any time, to change or discontinue the Services with or without notice.

If, on occasion, we don't enforce your obligations under these Terms of Service, we have not waived our rights and you are still required to comply with those obligations.

You agree that if you violate these Terms of Service and any other documents they refer to, you will be held accountable by appropriate law.

Your Account

To use the Services, you must register for an Account on the ‘Sign up’ page, by providing your full legal name, a valid email address, and any other information indicated as required. We will use the email address provided by you as a means of communicating with you.

We may deny your application for an Account, or cancel an existing Account, for any reason, at our discretion.

Any activity that is completed in your Account (including any activity completed by additional Users that you have invited), is your sole responsibility.

A violation of any Term in the Terms of Service, as determined by us, will result in an immediate termination of your Account.

If there is any dispute with regard to the ownership of your Account, we reserve the right to request documentation confirming verification of Account ownership, e.g. a scanned copy of your business registration, government issued photo ID, the last four digits of the credit card on file, etc.

All of our paid plans have unlimited pages, Users, storage and bandwidth; additionally, our Small, Medium and Large plans also allow unlimited listing of products and events; You agree to use the Services in an acceptable and reasonable way. If we determine that you are adversely affecting the performance of the Services in any way, we may have to impose limits on your usage.

Cancellation of your Account

Each month, on the anniversary of the date when you signed up for your Account, the Account will automatically be renewed and will continue to be paid by you, until it is cancelled by you, in writing, via helpdesk@airsquare.com. Account cancellation must be completed at least 3 days before the next billing cycle. In the interests of Account security, we may require verification of your identity to complete this request.

When your Account is cancelled by you or terminated by us:

We will immediately take your Account offline
You will immediately not be able to access your Account
Your Account will then be permanently deleted without undue delay (Until your Account is deleted, it’s data will be remain secure and not accessible, unless access is required by applicable law). We are not liable for any loss as a result the cancellation of your Account; You must ensure that any data that you require is exported or backed-up prior to cancellation.
Any outstanding balance owed to us will immediately due

If you cancel your Account before the end of your current monthly billing cycle, cancellation will take effect immediately and you will not be entitled to any refund of fees paid in advance.

Termination of Account

We reserve the right to suspend or delete your Account at any time, including within the trial period, without prior notice.

If you subject an Airsquare employee or customer to verbal or written abuse, your Account will be cancelled immediately. All outstanding fees must be paid in full.

Fees and payment

We offer a free trial period, which begins when you open an Account on the ‘Sign up’ page on our website. When this free trial has ended, you have 14 days to choose a paid plan. If you have not chosen a paid plan at the end of the 14 days, your trial Account will be permanently deleted. If you want to publish your website before the end of the trial period, you must upgrade to a paid plan to do so. Fees will be only be applied to your Account when you sign up for a paid plan. You must supply a real billing address.

All fees must be paid by credit card, unless otherwise agreed. You must keep a valid credit card on file with us to pay for all recurring monthly fees. This authorized credit card (or any replacement card) will be charged at the time an invoice is created, for the full amount stated on the invoice. We will continue to charge this credit card for applicable monthly fees and transaction fees until your Account is cancelled and any outstanding fees have been paid in full. All fees and other charges are in the currency that you have chosen for your Account.

Transaction fees will be charged on the first day of each month (for the month past) if applicable.

Fees will be listed on an invoice, which will be sent to the email address that you provide for billing. We don't post hard copies of invoices. You can also view invoices and pending transaction fees on the Account > Billing page when you are logged in to the admin area. You must email helpdesk@airsquare.com within 7 days if you have any queries about your invoices or Account fees.

If your credit card payment fails, we will send you an email asking you to check your authorised credit card details; pending the outcome of this communication, we may try to recharge your card and any outstanding amounts will also be charged.

After two months of non-payment, your Account will be deleted permanently and unpaid debts will be reported to appropriate credit reporting agencies.

If you have used an Airsquare Partner to complete work on your site, and haven't paid them according to their payment terms, we reserve the right to suspend your Account and turn off your website, until payment is made to them.

Additional bank fees may be applied when you pay your Account fees, if you live outside New Zealand. We will not be liable for bank transaction fees that you may be charged. If you have any queries about discrepancies between the amounts listed on our invoices and your corresponding Credit Card statement, liaise with your bank initially.

The fees and billing frequency for each paid plan is stated in on our pricing. Any fees for additional services required, e.g. bespoke design, copy writing etc. will be as agreed between you and us. The fees for our paid plans are subject to change with 30 days’ notice from us, via email. We will not be liable to you for any change in our pricing or for any change, suspension or termination of the Services.

You can opt to upgrade or downgrade to another paid plan that we offer. In the event of an Account downgrade or upgrade, your monthly subscription fee will be changed in the next billing cycle, any transaction fee changes will be applied immediately. You can't upgrade then downgrade in the same billing cycle. We will never issue cash refunds for contract cancellation. Please be aware that downgrading your Account may result in the loss of features or content on your Account, e.g. Downgrading to the Mini plan means you will not be able to sell products or tickets. We are not liable for any losses that result if you downgrade your Account.

When an Account is turned off due to an infringement of these Terms of Service, no refund of fees will be given.

We reserve the right to add or remove plans at any time.

Taxes

All our fees do not include taxes. Payments made in NZD are subject to GST in New Zealand. The payment of any additional tax over and above our fees, where applicable, is your responsibility. If you are required to deduct tax from the fees, you will pay us any additional amounts to ensure that our fee is paid in full. We are not liable for any taxes or fees owing, for any purchases that you have made or services used by you, through the Services.

Any applicable taxes that we are obligated to charge, will be added to your monthly invoice.

Content policy

You are responsible for adding content to your Account and for editing and backing up this content.

We reserve the right to immediately cancel your Account and turn off your website (even during a free trial) if your Account content is deemed to be inappropriate, as judged by us; content that is illegal, violent, sexually explicit, obscene, pornographic, inflammatory, abusive, threatening, misleading, slanderous, libellous, spam and/or which contains unethical commercial content intended to drive internet users to third party sites and/or boost the search engine rankings of third party sites, cannot be uploaded, published, distributed or 'linked to' on any sites which are using the the Services; this applies to any Account created during the free trial period also.

We take no responsibility for content posted to your Account while you are using the Services. You are responsible for all content e.g. photos, images, videos, text, audio files, or data that is uploaded, collected, stored, or displayed using your Account.

When you have created a website using your Account and have published it on the internet, you agree to allow anyone to view any content that you publish on your website; you also agree to allow us to store and review this content, until the termination of your Account by either party.

If any legal action arises, either from your actions, or from the content of your Account, you agree to cover any associated legal fees.

Technical support

Technical support is provided during normal office hours (New Zealand time) via our online chat app, email or via accessing the information on our support pages.

Your privacy

All personal information that you provide in order to use the Services, must be accurate and current and will be governed by our Privacy Policy. By using the Services you understand and accept our Privacy Policy.

Data protection

We are committed to protecting your information and that of your customers. You accept all risk posed by the submission of your data to Airsquare. We will not share your information with third parties, except as is necessary in the course of providing our Services to you and in the day to day running of our business.

You must have a valid email address on file, in order to use the Services. If you do not, your Account will be closed. We will use this email address to communicate with you.

To create an Account using the Services, you must create a Username and password which can only be used by you. You are therefore responsible for all activities that occur under your Username. It is your responsibility to protect the Username and password for your Account. We will not be liable for any loss or damage that results if you fail to maintain the security of your Account.

Our servers (and Service Providers) may not be located in your country; therefore, you agree to the information which we collect being transferred, in order for it to be stored and processed by our servers (and Service Providers).

It is your responsibility to ensure that you satisfy all applicable data protection laws when providing the Services with data; you must ensure that any end-users (“Contacts”) of your Account have been informed of, and have consented to, the processing of any data that you submit to the Services, under these Terms of Service. You will not provide any Sensitive Personal Data to us through the use of the Services; for advice on what is meant by Sensitive Personal Data refer to https://ico.org.uk/for-organisations/guide-to-data-protection/key-definitions/

You agree that we have the right to monitor the content of your Account. Where applicable, you agree to our collection and analysis of data resulting from your use of the the Services, for legitimate business purposes; we will ensure that this information is anonymised.

We reserve the right to provide any information necessary, if required by law, to protect itself, other internet users or the public and to prevent fraud or security issues.

Third Party Apps

If you choose to use one of the Third Party Apps that we offer to you, we may be required to transfer specific data from your Account to these Third Party Apps. You will be prompted to give your permission before the Third Party App is connected. It is your responsibility to adhere to any relevant data protection laws that this transfer of data is governed by. We are not responsible for any subsequent loss or changes in your data that occurs as a result of access to your Account by a Third Party App.

You will also be entering into contractual agreements with these Third Party Apps and will be required to adhere to any applicable Terms of Service or contractual agreements that they require. It is your responsibility to read and adhere to such agreements. Your access to these Third Party Apps is solely between you and the the relevant Third Party App. We are not liable for the services provided by these Third Party Apps, nor liable for the way they process and protect any data transferred between them and us. We do not provide warranties for any of the Third Party Apps that we provide access to. Any use of the Third Party Apps that we provide is entirely at your own risk. We may receive a revenue share from some of the Third Party Apps that we recommend to you.

We do not guarantee the availability of any of the listed Third Party Apps and we may remove any Third Party App from the Services at any time, at our discretion and without notice. We are not liable to you for any loss of access to or discontinuation of the Third Party Apps that we offer.

Our Partners

If you contact us to enquire about having a website created for you using an Account, we may refer you to one of our Partners. We do not take responsibility for the work completed by these Partners. Any details that we provide to you about these Partners, including links to their websites and details of their services, are for your information only and does not imply an endorsement of their services or business. We will therefore not be liable for any damages that result from any contractual agreement between you and the Partners. We pay a commission to approved Partners when customers are referred to us.

Storage

You agree that we have the right to change limits on use and storage at any time.

Limited liability

We take no responsibility for and will not be liable for, damages or lost profits caused or allegedly caused, to your Account, website or business, resulting from these Terms of Service, interruptions to the Service, acts of God, theft, deletion, communication failures or unauthorised access to our files. We are not liable for any claim from any Third Party, including lawyer fees, that arises from your breach of any of our Terms of Service and associated documents.

Limited warranty

We do not make any warranty about the results that can and will be obtained by using the the Services.

The Services are provided "as is" and you use the Services at your own risk. The quality of your Account is your responsibility.

We may change or remove some of the functionality of the Services at any time.

We cannot and do not guarantee constant availability of the Services. We take no responsibility or liability for your Account being unavailable due to the Services being unavailable. We will endeavour to inform you of such occurrences and it is our priority to offer you as much uninterrupted Services as we can.

We may cease to provide the Services at any time and therefore we do not guarantee that the Services will be available in the future, as it is now or indeed at all.

Disputes

If there is a dispute between you and us regarding these terms, the dispute must be addressed by both parties and mediation must commence before any court proceedings can be entered into. Both parties shall meet in person or online to discuss the matter within two weeks, in an attempt to resolve the dispute. If this is unsuccessful, external mediation shall then be initiated and agreed on by either party.