Last Updated: 7/04/2023

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1. Introduction

1.1

Welcome to the Gift Ledger community. The Gift Ledger Platform is a unique gift tracking and sharing platform created to provide a secure community for you to preserve and share memories attached to cherished items, allowing you to build and maintain family traditions and promote sustainability. We do this by letting you create and manage gift records, collaborate with others who have held or currently hold the gift, and preserve the stories associated with each item. It is important for you to remember that you are responsible for the content that you create and share.

1.2

Please read these Terms carefully before using the Services. By using the Services, you warrant that you are at least 18 years old and that you have read and agree to these Terms, which form a legal contract between you and the Company regarding the use of the Services. Your access to and use of the Services is conditioned on your acceptance of, and compliance with, these Terms. If you do not agree to the Terms, you must not access or use the Services. These Terms apply to all visitors, users, and others who access or use the Services.

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2. Definitions

2.1

For the purposes of these Terms and Conditions, the following definitions shall have the meanings specified below:‍ 

"Terms" means these Terms and Conditions and includes the Privacy Policy;‍

"Company", "we", "us" or "our" means Awhi Analytics Limited, owner of Gift Ledger located at Taiki e! Impact House, 7 Peel Street, Gisborne 4010, New Zealand;‍

"the Application" or "Website" or "Platform" means www.giftledger.io, platform.giftledger.io, and the Gift Ledger mobile web application;‍

"you", "your" or "user" means any person who uses Awhi Analytics' Services, whether a visitor or a registered user;‍

"Services" means all the services provided via the Gift Ledger website, platform or portal, and includes email/mobile notifications and communication, embeddable widgets, networks, products and Content;‍

"Content" means all information, text, links, graphics, photos, videos, documents, comments or other materials or arrangements of materials published on, uploaded to, downloaded from, transmitted through, linked to, appearing on, or provided to the Services;‍

"Data Product" means all information or reports containing Content and aggregated and anonymised user information that is published or provided to third parties;‍

"including" and similar words do not imply any limitation.

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3. Basic Terms

3.1

If you accept these Terms and use the Services on behalf of an organization (e.g., a company or a school), you represent and warrant that you are authorized to do so, in which case the terms "you" or "your" shall refer to that entity. You may use the Services only in compliance with these Terms and Conditions, and all applicable local, national, and international laws, rules, and regulations.

3.2

Because Gift Ledger offers a range of services, sometimes we may make certain Gift Ledger services or functions available subject to additional terms and conditions. If this happens, you must comply with those additional terms and conditions.

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4. Registration and Password

4.1

If you want to join the Gift Ledger Platform and use the Services, you will need to create an account on the Gift Ledger Platform. Accounts registered using automated methods are not permitted and will be terminated.

4.2

When you register with us, you acknowledge that you are responsible for the accuracy of any identifying information you provide as part of the registration process.

4.3

When creating an account, you do not need to use your real name. However, you must not impersonate anyone in a way that could mislead. Any parody accounts that breach our Terms and Conditions will be disabled.

4.4

If creating an organisation account you must choose a name that fairly represents the organisation.

4.5

You are responsible for safeguarding the password that you use to access Services and for any activities or actions under your password (except where you can show us that your account was used fraudulently by a third party, and that fraud was not caused by your carelessness or negligence). We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Awhi Analytics cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You must tell us straight away if you think someone may have accessed your account without permission.

4.6

You must make sure your account information is and stays accurate and up to date.

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5. Privacy

5.1

When you use the Services, we collect various types of personal information about you. More information about what we collect, and how we treat your personal information, is set out in our Privacy Policy. By using the Services, you consent to the collection and use (as set forth in the Privacy Policy) of your personal information, including the transfer of this information throughout New Zealand and/or other countries, as described in our Privacy Policy.

5.2

As part of providing you the Services, we may need to provide you with certain communications, such as service announcements, administrative messages, or reporting notifications through email and/or push notification. These communications are part of the Services, and you may not be able to opt-out from receiving them while your Gift Ledger account remains active. You also consent to us sending you commercial electronic messages from time to time (but you will always be able to opt out).

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6. Cookies

6.1 

Cookies are small pieces of information that are stored in a browser-related file on your device when you use the Gift Ledger Website. Cookies are widely used on most major websites and help us understand how many people are using the Services and what their usage patterns are. Cookies do not collect personally identifiable information. You can disable cookies in your browser settings if you want to, but this may sometimes affect the functionality of the Services. More information about how to manage Cookies is set out in our Privacy Policy.

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7. Using the Services

7.1

We grant you a limited, revocable, non-exclusive license to access and use the Services and the Content for your own personal, non-commercial use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Services, nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by us in writing.

7.2

We and/or our Licensors own the Services themselves and all the intellectual property rights in the Services (except for the content of your Gift Profiles). This includes the software code underlying the Services, our brands and trademarks, graphics, logos, and icons.

7.3

When using the Services, you must not: 

(a) do anything that violates the law or infringes anybody's rights;

(b) use the Services for a commercial purpose;

(c) mislead, harass, bully, abuse, threaten, intimidate or discriminate against any person;

(d) upload, or otherwise disseminate, any viruses or any malicious code or any other software that may damage the property of another;

(e) interfere or with the operation or functionality of the Services or anyone else's use of the Services;

(f) access someone else's account;

(g) attempt, or enable or encourage someone else, to do anything that would breach these Terms and Conditions or any of our policies.

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8. Content

8.1 

As between you and us, you own any original Content that you post on the Services. However, we may not keep Content forever, so if is up to you to make sure you back up any Content that you might want in the future. We are not liable for any loss of your Content.

8.2

By submitting, posting or displaying Content on or through the Services, you give us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content for the purpose of providing and improving the Services and preparing anonymised Data Products (which we may publish and share with third parties, including social media). You agree that you will not be paid for such use of your Content.

8.3

You must only post content that complies with applicable law and that is respectful and responsible. 

8.4 

Awhi Analytics does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content or opinions that you might not agree with, or that might be offensive, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. We comply with our obligations under the Harmful Digital Communications Act, but Awhi Analytics will not otherwise be liable in any way for any Content, including, but not limited to, any errors or omissions in the Content, or any loss or damage of any kind incurred as a result of the use of any Content.

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9. Links to Other Websites

9.1 

Our Gift Ledger Website, Platform and the Content may contain links to third-party websites or services, which are completely independent of Awhi Analytics. This means that they are not owned or controlled by Awhi Analytics. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other website is done at your own risk. Awhi Analytics will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods or services available on or through any third-party website or services.

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10. Changes to the Services

10.1 Our Services are continuously evolving and may change from time to time. We reserve the right, in our sole discretion, to add, withdraw, or modify any or all of the Services at any time without prior notice and without liability to you and to modify or replace these Terms at any time.

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11. Ending the Services

11.1 You may deactivate your account at any time under your account settings. This will remove your account and gift profiles from the Platform. You may reactivate your account at any time by logging into the Platform. You may delete your account entirely by emailing giftledger@awhi.app. Our Privacy Policy explains in more detail what information we may retain if you delete your account.

11.2

If you breach these Terms and Conditions or any of our other policies, or create legal exposure for us, we may suspend or terminate your account without further liability to you. We reserve the right to remove any Content that we think breaches these Terms and Conditions or any of our policies, or that we think is otherwise harmful or inappropriate.

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12. Providing Feedback

12.1 

You acknowledge that any questions, comments, suggestions, ideas, feedback or other information provided by you about the Services are non-confidential. They shall become our sole property and we shall own exclusive rights, including all intellectual property rights, and shall be entitled to use and share them for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

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13. Liability and Indemnity

13.1

We do our best to keep the Services running (subject to any downtime for maintenance and error-fixing). However, we do not promise that the Services will always function as intended, be available or error-free, or that defects will be corrected.  

13.2 

The Application may be subject to limitations, delays and other problems inherent in the use of internet and electronic communications. Awhi Analytics is not responsible for any delays, delivery failures or other damage resulting from such problems.

13.3 

You use the Services at your own risk, and we do not make any warranties about the Services, including any warranties as to merchantability, fitness for purpose, or non-infringement.

13.4 

To the extent permitted by law:

(a) we (and our directors, officers, employees and agents) will not be liable in any way (whether in contract, tort including negligence, under statute, or otherwise) for any user-generated Content accessed via the Services, or for the conduct of any of our users;

(b) we (and our directors, officers, employees and agents) will not be liable for any lost profits or revenue, lost data, lost business opportunity, or any indirect or consequential loss or damage that you suffer in relation to the Services;

(c) to the extent our liability is not otherwise excluded, our (and our directors', officers', employees' and agents') total liability to you in connection with the Services (whether in contract, tort including negligence, under statute, or otherwise) is limited to NZD51.3.5 For the avoidance of doubt, this clause does not limit our liability to you under the Fair Trading Act 1986, the Consumer Guarantees Act 1993, or the Privacy Act 1993.  

13.6 

If anyone brings a claim against us in relation to Content you post on the Services, you indemnify us (and our directors, officers, employees and agents) and will hold us harmless from and against all losses, damages, costs and expenses (including reasonable legal fees) that we suffer as a result of that claim.

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14. General

14.1 These terms are governed by the laws of New Zealand and you submit to the jurisdiction of the New Zealand courts.

14.2 

If we do not enforce any of these Terms and Conditions, it will not be considered a waiver.

14.3 

These Terms and Conditions, together with our Privacy Policy, is the entire agreement between you and us relating to the Services, and supersedes any previous agreements, arrangements or understandings.

14.4 

Our rights and remedies under these Terms and Conditions are cumulative.

14.5 

If any of these Terms and Conditions is illegal, invalid or unenforceable, it will be read down so that it is legal, valid and enforceable. Otherwise, it will be severed from these Terms and Conditions without affecting the remainder.

14.6 

We may assign these Terms and Conditions in our discretion.