Terms & Conditions
Last amended: September 2014
1 Terms and Conditions
1.1 Acceptance of Terms and Conditions
Your use of the Website/s and your use and/or purchase of Working Feedbacks’ Products and Services whether accessed via the Website/s or any other Device is at all times subject to these Terms and Conditions as applicable (which forms a legally binding contract between you and us) and all applicable laws.
By accessing this Website or using and/or purchasing Working Feedback’s Products and Services, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this Website and do not use and/or purchase Working Feedbacks’ Products and Services.
1.2 Changes to Terms and Conditions
We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this Website/s and your use and/or purchase of Working Feedbacks’ Products and Services will be the version that is current and displayed on this Website/s as at each date you access this Website/s or use and/or purchase Working Feedbacks’ Products and Services (as applicable). Your use of the Website/s or your use and/or purchase of Working Feedbacks’ Products and Services after changes are made means that you agree to be bound by such changes.
1.3 Registration, Account and Billing
You can find the specific details regarding your registration/account with Working Feedbacks NZ Liminted including your renewal date, at any time by contacting us at the above address.
2 Using our Service – Minimum Criteria
2.1 Minimum Criteria
To use or purchase any of the Working Feedbacks’ Products and Services, as a minimum:
- your business must have a valid New Zealand address and trade in the New Zealand: and
- you agree to must provide us with your business details (including your name, email address, web address, telephone contact number/s, postal address and valid payment details), that are true and current, and you agree to must update us if at any time your business details change by notifying us in writing
- you must be at least 18 years of age. Persons under the age of 18 are not permitted to use our service.
2.2 Updating business address details
If you change business address or any other relevant contact details, you must notify us of your address details to ensure that the correct details are held and used by us.
2.3 Refusal of using our service
We may refuse any request to use our service or purchase any of Working Feedbacks’ Products and Services for any reason whatsoever. Please note that by supplying your telephone number on registering with us you grant us permission to contact you via phone regarding your account and any special offers or promotions that we may offer you from time to time.
3 Registration of and Subscription to Working Feedbacks Products and Services
3.1 Becoming a Registrant
Provided that you meet the Minimum Criteria (see clause 2 (Joining Us – Minimum Criteria) above), you may register your business with Working Feedbacks’ on the Website/s free of charge (a “Registrant”). To become a Registrant you need to go to the relevant section of this Website/s, then submit your business details to be used. You are responsible for maintaining the confidentiality of your account and any password and for restricting access to your computer.
As a Registrant you will receive access to certain sections, features and functions of the Website/s that are not available to non-registrants. After you have become a Customer of Working Feedbacks’ , you may also subscribe to use and/or purchase Working Feedbacks’ Products and Services. Please note that there are additional Terms and Conditions that apply to your use and/or purchase of such Working Feedbacks’ Products and Services.
3.3 Working Feedbacks’ Products and Services:
Working Feedbacks’ Products and Services include:
- the Business Listing Service (the additional terms and conditions for this service are set out in clauses 5, 7, 8, 9 and 10);
- the Paid For and On-line Service (the additional terms and conditions for this service are set out in clauses 6, 7, 8, 9 ,10 and 12);
3.4 Other Terms and Conditions, Rules incorporated
Any terms and conditions, additional usage rules or similar on this Website/s or on a Device relating to any Working Feedbacks’ Product and Service that you use and/or purchase from us are deemed to be incorporated into these Terms and Conditions.
3.5 Changing fees and charges
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of Working Feedbacks’ Products and Services. We will notify customers by email at least 30 days in advance of any such change. If you do not agree to the change, you may cancel the service we provide to you in writing at least 30 days in advance at the following address: Working Feedbacks Limited, The Green Barn, Shedfield Equestrian Centre, Botley Road, Shedfield, Hampshire SO32 2HN or by email: firstname.lastname@example.org.
4 Free Business Listing
4.1 Eligibility for Free Listing
Free registration on our Website/s is available to any UK based business but is limited in terms that our sole responsibility to you is to publish your business details on our Website/s. Its inclusion is at our sole discretion and can be removed at any time without further notice to you.
4.2 Changes to your Free Listing
You may change your free Website/s business listing once in any 12 month period. Any additional, subsequent changes to your listing are solely at our discretion.
5 Paid For Service
As a customer to Working Feedback, you agree that we are permitted to charge subscription fees and any other charges that you may incur in connection with your use of Working Feedback. The subscription charges for the Working Feedback Paid For Service will be charged on the on the first day you subscribe to the Working Feedbacks Paid For Service; and, from then on, on the calendar day corresponding to the commencement of your membership subscription (each, a “Subscription Renewal Date”). This charge will continue on each Subscription Renewal Date thereafter unless and until you cancel, and regardless of how much you use the service. We will automatically charge you, using your specified payment method, each period (monthly unless otherwise specified) (your “Subscription Month”) on or after your Subscription Renewal Date. All fees and charges are non-refundable. If you wish to use a different payment method, or if there is a change in your card validity or expiry date, please notify us immediately. We do not provide refunds for cancellations part-way through the billing period. Please note that should your account fall into arrears, we reserve the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a $50 ex GST) handling charge for all such cases. You agree not to hold us responsible for banking charges incurred due to payments on your account.
5.2 Changing your Paid For Service Level
You may upgrade or downgrade your Working Feedbacks Paid For Service level by contacting us directly either in writing or by telephone. Any upgrade or downgrade of the Paid For Services is measured by the features of those different services, not by the different monthly costs you are changing from and to. Any reduction in your bill resulting from a downgrade will take effect at the next billing period after certain criteria (agreed in advance) has been met. Any increase in your bill resulting from an upgrade will take effect immediately, being pro-rated to the remainder of your billing period, and the increase will be charged immediately (without changing any subsequent billing dates). Additional charges, resulting from an upgrade, are non-refundable.
5.3 Paid For Service Restrictions
All of our Paid For Service packages allow you to have an acceptable (as deemed by us) number of feedback cards/reviews managed by us in a monthly period. Once you have reached that maximum number of reviews, we will assess the level of your account activity and decide whether there is a requirement to upgrade your account.
5.4 Additional Feedback cards
From time to time, if you have an introductory package (i.e. a package that only allows you a certain number of feedback cards in any one Subscription period), we may give you the option to purchase extra feedback cards to use; please contact us to find out if this option is available to you. Extra feedback cards cannot be cancelled after purchase and will not be refunded if your subscription ends for any reason.
6 Introductory Service
We may from time to time offer an Introductory Service, which allows you to trial the service subject to pre-defined restrictions.
As an Introductory Service customer, you agree that we are permitted to charge you immediately for the service and any other charges that you may incur in connection with your use of the Introductory Service. The fee will be billed up front.
All fees and charges are non-refundable, with the exception of any money back guarantee offer. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email.
6.3 Account Changes and Upgrading
You may request more feedback cards whenever you like.
If you change to a higher package, the changes to your account will take place once your card has been verified and you will be charged at this point at the upgraded package price. The Upgraded service will be actioned by us as soon as possible.
This clause applies to the cancellation of Introductory packages. You may cancel your membership of the Introductory Service at any time. Cancellation requests may only be submitted in writing, and we may require to contact you to proceed with the cancellation via telephone. This activity will be tracked on your account history. Immediately on cancellation, no further aspect of our service will be available to you. We are unable to accept or guarantee initial cancellation requests via email.
We do not provide refunds or credits with the exception of a specified guarantee offer.
7 Delivery And Return of Feedback Cards; Lost Cards
7.1 Delivery to New Zealand address only
Feedback cards can only be delivered to addresses within the New Zealand this excludes PO Box addresses.
7.2 Delivery of Feedback cards
We currently use a third party, prepaid postage, to deliver the Feedback cards you have ordered. Actual delivery times may vary for you depending on our providers, your delivery address, when you become a customer.
7.3 Alternative delivery methods
We reserve the right to use alternative delivery methods without prior notification.
7.4 No guarantee of priority; no responsibility for delays, etc
We will endeavour to ship your Feedback cards within 15 business days of receiving your approval and payment. You will not hold us responsible for any delays, outside our control, which relate to the mailing or delivery.
7.5 Lost Feedback cards; charges for lost items; Third party compensation process
You must wait a minimum of four working days before reporting Feedback cards as not received from us. It is your responsibility to notify us if you have not received these. We are unable to offer a refund for any Feedback cards which are paid for by you and then found at a later date. You must comply with either Third Party claim compensation process or our process. Failure to comply with these processes, as amended from time to time. We reserve the right to cancel your subscription if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
8 Use of Feedback Cards
8.1 Restrictions on use of Feedback cards; strictly for your private business use, etc
You agree that you will not infringe any rights, including intellectual property rights, of any person, including, without limitation, copying, reproducing, republishing or otherwise modifying any material provided as part of the Service. You must use the Feedback cards strictly for the business name as set up and not for any other direct or indirect commercial purpose. You may not use in a manner inconsistent with the purpose of the Feedback cards or commercially exploit any Working Feedbacks’ Products and or Services in any way at any time.
9 Duration, Cancellation By You And Termination By Us
9.1 Cancellation by you
Your subscription to the Paid For Service will last for 12 months. Thereafter it will, subject to this clause 9, automatically renew for successive periods of one year.
You may cancel your Paid For Service for Working Feedbacks service after a 12 month period. To cancel, you must notify us by writing with at least 30 days notice to: Working Feedbacks NZ Limited, PO BOX 5009, Wanganui, 4542. We may require you to confirm cancellation via telephone. Upon requesting cancellation, we are not obligated to provide any further aspect of the service to you.
9.2 Feedback cards must cease to be used for effective cancellation
Please note that it is the customer’s responsibility to ensure that Feedback cards are not used further, before the cancellation will be confirmed.
We reserve the right to charge a postage cost of up to $5 for any Feedback cards received by us after the service has been cancelled.
Please note we do not provide refunds or credits for any partial Subscription Months.
9.3 Right to cancel in certain circumstances
If you have just signed up to Working Feedbacks and have changed your mind about subscribing to the Paid For service, you may in certain circumstances have a legal right to cancel before the service starts and receive a full refund of your subscription fee. This cancellation option is not available to you if we have already assigned any aspect of the Paid For Service to you. If you are eligible to cancel in this manner, you may do so in accordance with the cancellation instructions in this clause 9 (Cancellation by you and Termination by us). In order to arrange a refund, you will then also need to contact us to advise us that you have cancelled and to request a refund of your subscription fee. Once you have completed these steps, we will cancel your subscription and process your refund.
9.4 Termination by us
We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and without notice. If we terminate your use of our service for any other reason or no given reason, then we would give you 30 days notice of termination and would expect you to cease using any aspect of our service within the 30 day notice period. In this event failure to continue using the Feedback cards within the notice period would incur charges, as described under clause 9.2 above.
10 Feedback content and On-line feeds Remain Working Feedbacks’ Property
11 Discounted Offers
11.1 Discounted offers
From time to time, we may offer discounted subscriptions for purchase on the Website/s. Discounted subscriptions can only be used for the package specified. The package will state what is included included and neither refundable nor transferable.
11.2 Certain conditions affecting discounted offers
Discounted offers cannot be used in conjunction with any other discount, offer or promotion. Nor are they redeemable for cash, and are neither refundable nor transferable. Discounted offers are subject to these Terms and Conditions. The recipient can redeem the subscription by entering the offer code during the new account signup process. The validity period of the offer will vary depending on what package is selected.
11.3 If recipient is already a customer
If the recipient is already a Working Feedbacks customer and their existing package has a lower value than their discounted offer, then they will be given the choice of upgrading to the offer package for the duration of the offer on a ‘like for like’ basis.
12 On-line Service
This section sets out the terms and conditions of our On-line service, which allows you to stream your reviews, web feedback and other content (“Feedback”) to your website, emails, social media or other authorized device capable of receiving it (a “Device”). When we use the word Device we include any service, guide, portal or gateway integrated with that Device. Where use of a Device requires you to download any software which we provide to you, our End User License Agreement will apply to your download and use of that software,
Not all feedback services are available on our On-line service and may not contain all the same features. The quality of the display of the On-line Service may vary from Device to Device, and may be affected by a variety of factors, such as the coding and functionality of your website. Working Feedbacks makes no representations about the quality of your On-line services display.
We may withdraw the On-line functionality entirely from our service or from any package or category of users. We may also limit, condition, terminate, charge for or otherwise modify your use of the On-line service at anytime without notice; provided however, we will give you notice before we institute any additional charges for the On-line service or any part of it. You acknowledge that due to requirements or requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all feedback functions may not be viewed, or may cease being viewable, on our On-line service at all or on some or all Devices.
12.2 Equipment, Systems and Connectivity
Your ability to use the on-line service will depend on you having the necessary equipment, systems and connectivity. Before you use this service, you must ensure that you have all necessary equipment, systems and connectivity to utilise all of our features properly. We are not able to specify particular requirements (which may vary) and are not responsible in any way for your ability to display the features.
You acknowledge that the availability of the On-line service and may be affected by internet traffic congestion or by other network, ISP, electronic, computer or other communication problems or failures and that we are not responsible for the failure of any feedback features to stream or to continue streaming due to any such congestion, problem or failure.
You acknowledge all intellectual property and other rights in the service we provide are owned by us or our licensors. Accordingly, you undertake that:
- you will not, and will not encourage or assist any other person to make false or misleading reviews about a business;
- you will not, and will not encourage or assist any other person to, circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any security, encryption or other rights management technology or software that is part of the service to you.
12.8 Termination and Enforcement
You acknowledge that, in addition to any rights that we or licensors have (including those pursuant to clause 14, any breach of these Terms and Conditions will entitle us to terminate your use of the service immediately and without notice. You specifically acknowledge our licensors have the right to directly enforce relevant provisions within these Terms and Conditions against you. We reserve the right to change, suspend, or cease the on-line Service, or any part of it at any time and without notice to you. In particular, we reserve the right to remove your business from our on-line service. You agree that, except for a reasonable refund, we will not be liable to you if we exercise those rights, suspension or cessation.
13 Prohibited Use Of the Website/s
You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Website/s. You agree not to interfere with the servers or networks underlying or connected to this Website/s or our services or to violate any of the procedures, policies or regulations of networks connected to the Website/s.
You agree not to impersonate any other person or business while using the Website/s, conduct yourself in an offensive manner while using the Website/s, or use the Website/s for any illegal, immoral or harmful purpose. In order to provide you with an easy-to-use service, Working Feedbacks will place a ‘cookie’ (a small text file) on any computer you use to access Most Recommended website. When you revisit the Most recommended website, this cookie will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
14 Material On This Website/s
All materials (including software and content whether downloaded or not) contained on the Website or the on-line Service are owned by Working Feedback (or our affiliates and/or third party licensors (as applicable)), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited licence for use of content that you may purchase from the Website or the on-line Service to use such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms and Conditions, and any other relevant terms and conditions provided to you without our prior written permission.
You acknowledge and agree that certain content on the Website/s, on the on-line Service provided to you is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms and Conditions against you.
14.2 Trade marks
Working Feedback, Most Recommended, and all other Working Feedbacks’ product or service marks are trade marks of Working Feedback NZ Limited. All other trade marks, logos, images, product and company names displayed or referred to on the Website/s or any Device are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove such material.
15 User Material
The Website/s or other Working Feedbacks’ Products and Services may let you submit material to us: for example, you can review other businesses. You may be able to upload video, images or sounds. In these Terms and Conditions, we use the term “User Material” to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you become a customer or when you subsequently change that information.
This clause 15 (User Material) of these Terms and Conditions sets out the rights and obligations that you and we have in connection with User Material. If you review or submit User Material you are agreeing to do so on these Terms and Conditions. If you do not want to review or submit User Material on these Terms and Conditions, then you should not do so.
We do not systematically review User Material submitted by users. We are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Website/s or any of Working Feedbacks’ Products and Services, particularly where User Material breaches this clause 15 (User Material) of these Terms and Conditions and we may do this with or without giving you any prior notice.
We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to Working Feedbacks an irrevocable, perpetual, non-exclusive, royalty-free, sublicensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media. The license you grant us will terminate when your User Material is removed from our website/s.
We may link User Material or parts of User Material to other material, including material submitted by other users or created by Working Feedbacks and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those on the Website or to promote, market or advertise Working Feedback. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.
Each time you submit User Material to us, you represent and warrant to us as follows:
- you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract;
- your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise inappropriate;
- your User Material does not advertise any product or service or solicit any business;
- your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and
- in submitting your User Material you are not impersonating any other person.
16 Links To Other Websites / Services
We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability; (b) the privacy practices, (c) the content, advertising, products, goods or other materials or resources on or available from; or (d) the use to which others make of; these websites or services. We are also not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
17 General Terms And Conditions
17.2 Promotion Codes
Any promotion code or offer provided on the Website/s or via any Device cannot be used in conjunction with any other promotion code or offer, past or present.
17.3 Indemnity by you
You agree to indemnify and hold Working Feedbacks, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions, including clause 15 (User Material) or any violation by you of any applicable laws or the rights of any third party.
17.4 Disclaimer of Warranties and Limitations on Liability
(a) Nothing in this clause 17.4 (Disclaimer of Warranties and Limitations on Liability) or otherwise in these Terms and Conditions shall exclude or in any way limit Working Feedbacks’ liability for:
- fraud; or
- death or personal injury caused by its negligence; or
- liability to the extent the same may not be excluded or limited as a matter of law.
(b) The Website and its contents are provided “as is” and on an “as available” basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of the Website or its content. We assume no liability or responsibility for any errors or omissions in the content of the Website, any failures, delays, or interruptions in the shipment of printed materials, or our provision of the on-line Service. Subject to clause 17.4(a), we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
(c) Subject to clause 17.4(a), in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of such damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this clause 17.4(c) to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
(d) Subject to clauses 17.4(a), 17.4 (b) and 17.4(c) our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the Website, or any website content or your use of Working Feedbacks’ Products and Services shall not exceed in aggregate the total amount paid by you to us in respect of Working Feedbacks’ Products and Services in the 12 months preceding any such claim.
17.5 Applicable Law
The website and Working Feedbacks’ Products and Services are controlled by Working Feedbacks’ Limited. Your use and/or purchase of the Website or Working Feedbacks’ Products and Services is governed by these Terms and Conditions and construed and enforced in accordance with the laws of New Zealand. Disputes arising from or in connection with your use of the website and/or your use and/or purchase of Working Feedbacks’ Products and Services we provide are subject to the non-exclusive jurisdiction of the New Zealand courts.
17.6 Assignment/Transfer By Us
You agree that we may assign any or all of our rights and/or novate, transfer, sub-contract or delegate any or all of our obligations under these Terms and Conditions to any third party. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other third party.
17.7 Assignment/Transfer by You
Working Feedbacks’ services, subscriptions and your other rights and/or obligations under these Terms and Conditions are not transferable and therefore cannot be sold or traded. Further, you may not assign, novate, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms and Conditions.
17.8 No Waiver
If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
17.9 Force Majeure
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Website or any of Working Feedbacks’ Products and Services, or for any failure or delay by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
17.10 Third Party Rights
Subject to clauses 14.1, 17.3 and 17.4, and excluding the provisions of clause 3.1.2 which confers a benefits on third parties and licensors as applicable, which you hereby acknowledge and agree shall be directly enforceable by such third parties, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999. In accordance with clause 1.2, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without your consent or the consent of any third party.
17.11 Entire Agreement
In these Terms and Conditions, unless the context requires otherwise: i any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
18 Working Feedbacks’ Contact Details
All correspondence to Working Feedback, including any queries you may have regarding your use of the Website, your use and/or purchase of Working Feedbacks’ products and services or these Terms and Conditions, should be sent to the address set out in clause 1.
Amended 31st December 2011.
- Collection and use of information
- Information storage
- Information sharing and disclosure
- Security and prevention against loss, misuse or alteration of information
- Your ability to edit and cancel your account
- Contact details
Collection and use of information
If you do not pay for the service as a business user, the information we collect from you is limited. We log your IP address in order to help diagnose problems with our servers, administer this Website and track usage statistics. Your IP address may vary each time you visit, or it may be the same, depending on the type of internet connection. Either way, it would be extremely difficult for us to identify you through your IP address, and we make no attempt to do so. If you reach this Website by clicking on a link or advertisement on another website, then we also log that information. All of this information is collected and used only in aggregate; that is, it entered into our database, where we can use it to generate overall reports on our visitors, but not reports about individual visitors.
If you choose to pay for the services of Working Feedbacks, you will be able to take advantage of all of the features of this Website/s. Working Feedbacks collects some or all of the personally identifiable information set out below when you subscribe to Working Feedbacks, when you access and use this Website and/or when you use Working Feedbacks’ products and/or services. The information we collect will vary depending on the circumstances.
What we collect
- Business Name
- Business Category
- Contact name
- Email address
- Web address
- Telephone number
- Mobile telephone number (optional)
- Payment method: Direct Debit, bank account, sort code. Card type, number and expiry date
- Relevant information about your business (e.g. your ratings, reviews and other user submissions)
Information you submit for your User Profile
How we use it:
- To check that a payment card is valid
- To pay your account
- To send you HTML code for web feedback and/or testimonial/social media feeds
- To communicate with you regarding your account or purchase of Working Feedback’s products or services -related matters
- To provide you with order and billing history information
- To contact you about the products and/or services on this Website in which you have expressed an interest
- To display your User Profile to others users of this Website (in accordance with your security settings)
- To email you offers, news and information
- To send you samples of, or marketing materials relating to, third party products or services which we believe may be of interest to you. Such materials may accompany the product you bought from us, or may be sent by us separately. Please note that at no time is it necessary for us to provide your personally identifiable information to third parties in order to send you these materials
- To improve services and enhance personalisation, we may periodically obtain information about you from other third party sources from whom we have lawfully obtained this data and add it to your registration information. Additionally, authorised Working Feedbacks’ personnel may update your registration information to accurately reflect any new information included in any communications received from you.
If you do not want to receive emails from us with offers, news and information, you can change your contact preferences at any time by “unsubscribing” through the relevant link on the communication.
All information you provide to us is stored in the UK only on secure servers that are protected in secure facilites including firewall protection and located in those countries that form part of the European Economic Area or are considered to provide adequate protection for personal information under the European Union Data Protection Directive (95/46/EC).
- recognise you as a Working Feedbacks customer so that we can log you in to this Website on a repeat visit;
- provide you with customised content you specify while you are using our products or services;
- deliver advertisements relevant to your interests when you visit our Website and use our products and services;
- provide general internal and customer analytics to conduct research to improve our Website and our products and services; and
- support security measures such as requiring re-logging into this Website after a certain amount of time has elapsed.
Information sharing and disclosure
Working Feedbacks is committed to protecting your personal information. We will not disclose your personally identifiable information to third parties without your consent except:
- where Working Feedbacks is required by law to disclose information to third parties;
- where the disclosure is necessary for the performance of our operations (eg. mail delivery, hosting services, protecting us from fraud, and payment of your account); or
We also may share your personal information with third parties (ie agents or sub-contractors) specifically engaged by Working Feedbacks to provide services to us, in which case we will require those parties to keep that information confidential and secure and to use it solely for the purpose of providing the specified services to us.
Companies and individuals registered in the Working Feedbacks Affiliate Program receive aggregate information about customers that they direct to Working Feedbacks’ through links on their websites. No personally identifiable information is provided to affiliate members; the information collected from our affiliates is used strictly for the affiliates program and will not be used for general marketing purposes.
Working Feedbacks also provides analyses of our customers in the aggregate to prospective partners and other third parties. We do this so that we and our business partners can understand you better, and so we can keep bringing you first-rate services. We may also disclose, on an anonymous basis, literal statements made by our customers. At no time, however, will we disclose personal information about specific customers.
Security and prevention against loss, misuse or alteration of information
Working Feedbacks’ has implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorised access or improper use. We will continue to enhance our security procedures as new technology becomes available.
While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
Access authorisation is granted only to key Working Feedbacks’ (Working Feedbacks Limited.) staff only and to our agents or subcontractors if necessary for the performance of our operations or for them to provide services to us. Any information accessed by those agents or subcontractors is required to be kept confidential and secure and is not permitted to be used for any purpose except to provide their services to us.
Backups are run to prevent loss of information, and our Internet servers are housed in secure facilities.
Your ability to edit and cancel your account
You cannot yet access your account online. To update and correct the business and personal details you must contact us in writing at the address below.
If you decide to cancel your Working Feedbacks service, your account will be deactivated immediately once any term of the service has expired. However we are required to may retain your information for accounting and taxation business, operational and administrative purposes and in accordance with applicable laws.
Working Feedbacks’ contact details
(Attention: DA Privacy Fellow)
Working Feedbacks NZ Limited
PO Box 5008
End User License agreement
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT CAREFULLY.
Working Feedbacks Limited’s End-User Licence Agreement (“Licence Agreement”) is a legal agreement between you and Working Feedback NZ Limit for the software product(s) which Working Feedbacks may make available to you from time to time to enable you to use the Working Feedbacks Products and Services including the on-line Service and which may include associated software components, media, printed materials, and “online” or electronic documentation (“Software”). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Licence Agreement. If you do not agree to or cannot comply with the terms and conditions of this Licence Agreement, or our Terms and Conditions, which can be found at www.workingfeedback.co.nz/terms-conditions, do not install, copy, and/or use the Software or any of Working Feedbacks’ Products and Services which use the Software.
Subject to the terms of this Licence Agreement and our Terms and Conditions, Working Feedbacks grants you a limited, non-exclusive, revocable license to download and make personal non-commercial use of the Software.
The Software contains and/or embodies copyright material, proprietary material and/or other intellectual property of Working Feedbacks and/or its licensors. All right, title and ownership in the Software remains with Working Feedbacks and/or its licensors, as applicable. The rights to download and use the Software are licenced to you and are not being sold to you, and you have no rights in it other than to use it in accordance with this Licence Agreement and our Terms and Conditions.
You agree that you will not and you will not assist any third party to:
- copy, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Software in any way, or create derivative works of the Software;
- use the Software or any portion of it to create any tool or software product that can be used to create software applications of any nature whatsoever;
- rent, lease, loan, make available to the public, sell or distribute the Software in whole or in part;
- tamper with the Software or circumvent any technology used by Working Feedbacks or its Licensors to protect any content accessible through the on-line Service;
- circumvent any territorial restrictions applied to the on-line Service; or
- use the Software in a way that violates this Licence Agreement or the Terms and Conditions.
You may not use the Software to make the on-line Service available to the public.
The RSS feeds, on-line links, images, text, and other material (“Content”) made available via the Software is owned by Working Feedbacks or its Licensors and your use of it is limited by our Terms and Conditions.
Working Feedbacks reserves the right to use the Software at any time to enforce the Terms and Conditions with or without notice to you. The use of the Software is at your own risk. The Software is provided on an “as is” and “as available” basis. Except as required by law, Working Feedbacks’ gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the Software.
In no event shall Working Feedbacks, its affilliates, directors, employees or licensors be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption or computer failure) arising out your use of or inability to use the Software or any errors, viruses or bugs contained in the Software, even if you have advised us of the possibility of such loss. Your only right or remedy with respect to any problems or dissatisfaction you have with the Software is to uninstall it or stop using it.
You agree to indemnify and hold Working Feedbacks and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your breach of this License Agreement or your violation of any laws, regulations or third party rights in relation to your use of the Software.
You may terminate this Licence Agreement at any time by uninstalling the Software from your Device.
Working Feedbacks may terminate this Licence Agreement at any time by giving you one month’s notice in writing and immediately if:
- you breach any term of this Licence Agreement; or
- if required by any of our Licensors.
Working Feedbacks may transfer its rights and obligations under this Licence Agreement to any company, firm or person at any time if it does not affect your rights under it. You may not transfer your right or obligations under this Licence Agreement to anyone else. This Licence Agreement is personal to you and no third party is entitled to benefit under the Licence Agreement except as set out here.
This Licence Agreement is governed by New Zealand Law.