NAMAILU User Agreement ("User Agreement")


    Introduction
  1. This website is owned by Namailu Online Limited ("Namailu").
  2. In this User Agreement "you" means the user accessing or using the Namailu Website, and "we" means Namailu and "our" and "us" have corresponding meanings.
  3. This User Agreement is a contract between you and us and it governs the way in which you may use the Namailu Website and associated features, content, or services related, associated with, committed to, or referred to in the Website (collectively, "the Website"). This User Agreement also establishes our obligations to you.
  4. Registered users of our Website are "Members," and unregistered users are "Visitors". This User Agreement, where applicable, applies to both Members and Visitors (collectively, "Users").
  5. By using or accessing the Website, including becoming a Member of the Website, you accept and agree to be bound by this User Agreement, our associated [Privacy Policy] and any other agreements or policies we may introduce or use from time to time.
  6. Membership
  7. Central to Namailu's purpose is the ability for Members to connect with other Members with whom they have relationships (by creating "Commitments" with other Members), enter into conversations ("Dialogue") with other Members, and post content to their or others' "Diaries" or otherwise communicate with other Users (all such interactions are "Content").
  8. In order to access the majority of the Website's features and services, as well contribute your own Content or services, you will need to become a Member (by registering, Members have a Namailu "Membership"). Visitors can view limited Content, and cannot submit their own Content, or access any services.
  9. To become a Member you will need to sign up with a current email address and provide us with the required complete and accurate information about yourself, including your real name (your "Personal Information"). The more information that you provide us, the more value you will be able to extract from the Website.
  10. To be eligible to become a Member, you must not have another Membership, and not have been previously blacklisted or otherwise restricted from the Website. By accepting this User Agreement, you agree to this provision. There no minimum age to become a Member.
  11. Membership does not carry any obligation to pay additional fees and charges for any features or services that may be offered by us or any third party, although additional features or services may be available for purchase by Members from time to time.
  12. Obligations
  13. You agree you will:
    1. Abide by all of the terms and conditions of this User Agreement, the associated Privacy Policy, and any other terms that may govern use of any other part of the Website, or which may relate to special offers available to Members including of promotional material, goods or services of any kind;
    2. Provide full and truthful information in respect of your Membership, profile, and any other information provided to us;
    3. Not impersonate or mislead any other person in respect of any Content you make on the Website with other Users, or claim false affiliations or links to any other Users;
    4. Only use your Membership for your own personal use and not share your passwords, access codes or any information provided to you by us to enable you to access the Website to any other person, and you will store all such information securely so it cannot be accessed by any other person.
    5. Not link or upload or post any content on or connecting to the Website that is illegal, defamatory, misleading or deceptive, obscene, breaches the privacy of any person or other Member or which contains inappropriate or offensive language or swear words or otherwise infringes intellectual property or other proprietary rights of Namailu or any other person or otherwise;
    6. Regularly update your Personal Information with us online if any information should change;
    7. Notify us immediately if you have any concerns or consider that your password/access information has been compromised or you have good cause to consider the Website or its security may have been compromised by someone else.
  14. You acknowledge that we may restrict (including restricting your ability to form Connections with, or otherwise contact other Members), suspend or cancel your Membership or otherwise delete any or all of your Content from the Website if we consider (in our sole opinion) that you are in breach of this User Agreement or any other agreement you have with us or if, in our sole opinion, you have breached or may be in breach of any law, advertising or media standard or may otherwise bring us or the Website into disrepute or cause us loss, cost or damage or if we, in our sole discretion, deem your behaviour to be unacceptable.
  15. You agree that you indemnify us for any damage, losses or related costs incurred by us relating to or arising out of any breaches by you of this User Agreement or any other agreement or policy which we may implement from time to time.
  16. We undertake to have in place protocols and procedures which minimise the likelihood of misuse of our Website, as well as procedures by which Members can have their identity and / or expertise verified (for example, by linking to their personal website). We also rely on Members' assessments and ratings of one another to help determine an individual Member's trustworthiness and expertise in a particular area.
  17. Notwithstanding anything contained in the above clause 14, you agree that you will use due care and diligence when engaging with other Members on the Website, and that any such interactions are at your own risk and that we are not liable for any harm, damage or losses that you incur as a result of your use of the Website.
  18. You acknowledge and accept that we will monitor all Users' use and browsing of the Website in order to better understand User preferences and patterns of use, and that we will utilise this data as we, at our sole discretion, see fit.
  19. You agree to use the Website in compliance with all applicable laws and regulations and in a way that does not infringe the rights of anyone else or in a manner that will inhibit anyone else from fully utilising the Website.
  20. Your Content
  21. We store all Content and information relating to your Membership. This includes but is not limited to your activity on the site, Content that you submit (whether it be to your or others' Diaries, Dialogues that you start or engage in, or as otherwise defined in this User Agreement) and Personal Information.
  22. All Content that you post to the Website can be deleted or edited at any time that the relevant Commitment or Diary remains active. Once a Commitment is broken, it becomes inactive, and all Content that was submitted in respect of that Commitment is no longer able to be edited or deleted and remains in Namailu's storage service ("the Vault") indefinitely. Content in the Vault can be viewed only by parties who participated in the creation of that Content.
  23. In certain circumstances Namailu MAY consent to the deletion or alteration of Content that is stored in the Vault. Requests by Members for such Content to be deleted or altered will need to be made via the Website's "contact us" function, and will require the Member to provide full reasons for the desired action by Namailu. Requests to delete Content that is malicious, defamatory, or which contravenes this User Agreement will not ordinarily be declined.
  24. Notwithstanding anything contained in the above clauses, we do not provide a storage service and you agree that we are not required to store or retain any Content or information that you submit.
  25. You may deactivate your Membership with us at any time by following the appropriate links in your Membership settings, however Content in the Vault is never deleted. Upon deactivation your Membership will not be searchable, and other Members will not be able to contact you, however all Content that you have submitted which remains in other Members' Vaults will remain on the Website and will be able to be viewed by those Members. When you deactivate your Membership you will also cease to receive any email communication from us if you confirm at the same time that you wish to unsubscribe from all future email from us.
  26. At any time after you deactivate your Membership, you may "re-register" with us. If you re-register with the same email address that was linked to your deactivated Membership, you will be prompted to reset your email and thereby gain access to your deactivated Membership, following which your Membership details will display as they were at the time of deactivation.
  27. Deactivation of your Membership will not affect any other agreement you may have with us in respect of services or other current promotions that are available that have been ordered and paid for prior to deactivation but deactivation will likely mean any special offers that are available to Members only or other related Service offerings will cease being available to you, or will not be available to you on the same terms and conditions following deactivation.
  28. You warrant that all Content you publish to the Website is legal and you own it, or that you have permission to use it. You indemnify us if any Content that you publish breaches any law, or another party's copyright or Intellectual Property rights. Notwithstanding this, you give us full rights to access and use any Content that you post to the Website or information that you provide to us, as well as allow us to fully exploit any Intellectual Property rights in any Content, or information provided to the Website.
  29. In order to achieve its purpose, Namailu relies on is its ability to collect and use Content and data about Members and their personal relationship/s. You acknowledge and accept that all such Content provided by you to us will be used by us as we (at our sole discretion) deem appropriate, including, but not limited to: matching you to other Members who share similar values or to an expert in your required field, matching you to Members who seek your expertise, and enabling third party advertisers to target Members who fit within a certain demographic.
  30. We rely on the truth and accuracy of the Content provided by our Members, and accept no responsibility for the misuse of the Namailu platform in any respect, including but not limited to: in connection with fraud, identity theft, false or misleading Member profiles, including purported Member expertise. You accept that you may come across content that is inaccurate, misleading, offensive or illegal. You agree that you will not hold us responsible for any damages that occur as a result of your use or reliance on content provided by other Users, Members or third parties (including advertisers).
  31. Prohibitions
  32. You agree that you will not knowingly transmit any material that may contain a virus or any other harmful component onto or via the Website or otherwise damage the Website or any underlying or connected website or system. You will not link or upload or post any content on or connecting to the Website that is illegal, defamatory, obscene, contains inappropriate or offensive language or swear words or otherwise infringes intellectual property rights of third parties.
  33. Except in accordance with a written agreement with us, you will not utilise or endeavour to utilise the Website for your own commercial gain by, without limitation, linking the Website to your own website, endeavouring to redirect internet traffic or any person utilising the Website to your own website, nor use any content on the Website for phishing or to otherwise send unsolicited correspondence of any sort to any other User of the Website.
  34. You may not attempt to gain unauthorised access to the Website or use another Member's personal information or passwords or otherwise exploit any security flaw to access the Website and do any other thing that is prohibited by this User Agreement or any other agreement or policy that we may have in place from time to time.
  35. Copyright
  36. All the information contained on the Website, including the website design, graphics, logos, images and text is our property or is utilised by us with the implied or express consent or authority of the third parties who are the owners of such information. As such, all information on the Website is protected by the New Zealand Copyright Act 1994, international copyright laws and/or other relevant laws of New Zealand and we reserve all of our legal rights in all information and intellectual property appearing on the Website.
  37. You may reproduce (electronically or in hard copy) and use our content for your personal use only, in all other cases you must have our prior written consent to use the Namailu trademark or any other information, logos, designs, pictures or content that appears on the Website. If you wish to use any third party content that appears on the Website, including content of websites you access via links, you must obtain the prior consent of the relevant owner.
  38. Third Party Advertising and Hyperlinks
  39. The Website may have third party advertisements, referral buttons and other links to websites operated by third parties, including in respect of sale of goods. We have no control over these sites and are therefore not responsible nor liable for any material or content contained in these third party links or information, these are accessed at your own risk. Likewise, we provide third party links and information in good faith for your convenience, however, they should not be construed as our confirmation of accuracy, endorsement, approval, recommendation or preference of the links or information, unless expressly stated. We accept no liability whatsoever in respect of third party links or information. We have no responsibility for any contracts you enter with third parties for the provision of any goods or services and you accept that those contracts are matters that are entirely between you and the relevant third party.
  40. Alteration of information and notices to you
  41. We may add to or change the Website (including the information, features, content, products and services) at any time without notice and may alter any other content connected to or accessed via the Website including this User Agreement or the current Privacy Policy. We may make all such changes at any time and will post such amended documents (where applicable) on the Website. You agree that a banner notice on the Website or an email sent to the email address that you registered with constitutes sufficient notice of such changes, and that by continuing to use our services, you will be deemed to agree to, and be bound by the changes. We recommend you regularly check this page to review the User Agreement.
  42. Electronic Communications
  43. When you visit the Website, become a Member of the Website, or contact us via the "contact us" page, you will be asked if you consent to receiving communications from us electronically. Communications may include news about the Website, information regarding the Website's services and facilities, information about sales or special offers or other related information (including third party information). If you consent, we will communicate with you by email. We may also post notices about general information on the Website. You may unsubscribe from receiving email correspondence from us by utilising the "unsubscribe" function that will appear in the first or subsequent emails we may send to you in accordance with these provisions.
  44. Security, Cookies and Privacy Policy
  45. Use of the internet is inherently insecure. We have taken steps to secure the integrity of the Website, however, we are not liable for and will not accept responsibility for any security failure or breach. Where applicable, we use a third party provider to ensure, insofar as is possible, Members have access to a secure payment process.
  46. We use cookies in each session in which you visit the Website to keep track of your actions to help you use the Website. We use "persistent cookies" including persistent auto-login cookies, which means that you will stay logged into the Website, until you manually log out.
  47. In terms of the New Zealand Privacy Act 1993, you may request that we confirm any of your personal information held by us and you have the right to request us to correct any incorrect personal information held by us.
  48. You also agree to our Privacy Policy, which more fully explains how we collect and use your Personal Information, how you can access your Personal Information and other important information relating to Personal Information. Our Privacy Policy can be accessed here.
  49. Disclaimers and Limitation of Liability
  50. You expressly agree that your use of the Website is at your risk. Neither we, nor any of our directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like ("Providers"), warrant that the Website will be uninterrupted or error-free; nor do we or they make any warranty or representations of any kind, express or implied, as to the operation of the Website, or materials or products contained therein.
  51. The Website is provided by us on an "as is" and "as available" basis and we provide no warranty as to its availability or the availability of any of the Website's functions, content and services. We are not liable for any loss, harm, cost or damage (direct or otherwise) that you may incur or suffer in connection with your use the Website. We expressly exclude any implied warranty or term to the extent that such exclusion is allowed by law.
  52. We cannot guarantee that we will detect (and give notice of) or be able to prevent any illegal or inappropriate use of the Website.
  53. Comments, Feedback and Submissions
  54. We welcome your feedback regarding any part of the Website. All feedback is subject to our Privacy Policy and unless required by law, we will not use your name or any personal information that can be utilised to identify you in connection with your feedback, without your prior written consent.
  55. Subject to our privacy policy, any information, concepts, ideas, comments, materials, suggestions or comments sent to us will not be treated as confidential information and by submitting such information you are granting us an unrestricted license to use, display, modify, reproduce, transmit and distribute such information for any purpose whatsoever, and without reference or compensation to you.
  56. Need Help?
  57. We aim to offer you the best level of customer service. If you have any questions or problems then please contact us via the Website's "report problem feature" or our Facebook page, and we will endeavour to provide you with an answer or a solution in a timely and efficient manner.
  58. Governing Law and Severability
  59. The laws of New Zealand govern all matters relating to the Website and any contract that may arise arising out of use of or relating to the Website and all disclaimers, terms and conditions and terms of use.
  60. To the extent that any conditions are held to apply to the use of the Website or otherwise held to be contractually binding and is deemed invalid, void, or for any reason unenforceable, that condition is deemed severable and shall not affect the validity and enforceability of any remaining condition.

This User Agreement was lasted updated on [Feb 2015].