Terms of Use
Last updated: November 2020
By accessing and/or using this website or any of our related social media accounts that link to these terms (together the BG Sites), you agree to be bound by these terms of use (Terms).
We may need to update these Terms from time to time, including when necessary to reflect changes to the BG Sites, updates to our services or to reflect any changes in law. When we update these Terms, we will revise the "Last updated" date at the top of these Terms. Where the changes are material, we will use reasonable endeavours to notify you – usually by prominently posting a notice of those changes on the relevant BG Site or by sending you an email.
Your continued use of any BG Site constitutes your acceptance of these Terms, as amended from time to time, so please ensure you review these Terms carefully and contact us if you have any questions or concerns.
The BG Sites are each owned and operated by Business Games Limited (8229905) (BG, us, we or our).
If you have any questions or concerns in relation to any of the BG Sites, our services or these Terms, please contact us here.
1. Your obligations
1.1. You shall not use any BG Site:
(a) to send or receive any material which:
(i) is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
(ii) is threatening, grossly offensive, of an indecent, obscene or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
(iii) you have not obtained all necessary licences and/or approvals (from us or any third party); or
(iv) constitutes or encourages conduct that would be considered a criminal offence or a breach of any applicable law;
(b) for a purpose other than which we have designed or intended the BG Sites to be used;
(c) to extract data from or hack into the BG Sites or to otherwise perform or attempt to perform any actions that would interfere with the normal operation of the BG Site or the BG Sites by our other users; or
(d) for any fraudulent or unlawful purpose.
1.2. We reserve the right to immediately suspend or terminate your access to any BG Site (in whole or in part) without notice where we consider that you are using any BG Site in breach of these Terms. On suspension or termination, you must immediately cease using the BG and must not attempt to gain further access.
1.3. You agree to indemnify BG and its related companies (each a Indemnified Party) in respect of any loss, damage, liability, cost and/or expense (including legal costs on a solicitor and own client basis) suffered by any Indemnified Party in respect of any claim, action, suit or proceeding brought or threatened to be brought against an Indemnified Party which is caused by or arises out of your breach of these Terms or use of any BG Site in breach of these Terms.
2. Intellectual property rights
2.1. BG or its licensors own all proprietary and intellectual property rights in the BG Sites (including all content, information, data, text, graphics, artwork, photographs and/or logos displayed on or contained in the BG Sites as well as the look and feel of our BG Sites) (together the BG IP). BG reserves all rights in respect of the BG IP not otherwise expressly granted to you.
2.2. You agree not to:
(a) copy, distribute, modify or make derivative works of any of our BG IP or use any of our BG IP in a manner that violates these Terms or in any way not expressly permitted by us; or
(b) claim or register ownership of any BG IP on your behalf or on behalf of others.
2.3. When using the BG Sites, you may be able to communicate, submit, upload or otherwise make available text, images, videos or other content (User Generated Content), which may be accessible and viewable by the public. You agree not to submit or upload any User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity.
2.4. You represent and warrant that any User Generated Content you submit to the BG Sites or otherwise, complies with these Terms of Use and that you own or have the necessary rights and permissions including, without limitation, all copyrights contained in the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorise us to use and exploit, your User Generated Content in all manners contemplated by these Terms of Use. You agree to indemnify and hold BG harmless from any claims or expenses (including solicitor's fees) by any third party arising out of or in connection with our use and exploitation of your User Generated Content resulting from your breach of these Terms of Use. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorised users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.
2.5. By submitting any User Generated Content to the BG Sites, you grant BG a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the BG Sites and on third-party websites, services, applications, and/or platforms), without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law).
2.6. BG may monitor, screen, post, remove, modify, store and review User Generated Content or communications published on the BG Sites, at any time and for any reason, including to ensure that the User Generated Content and any associated communication conforms to these Terms of Use, without prior notice to you. BG may terminate your account and/or access to the BG Sites if your User Generated Content violates these Terms of Use, including unlawful postings or content, without prior notice to you. BG is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
3. Data use and privacy
3.1. In order to use the BG Sites you are not required to provide personal information to us, although in some cases if you choose not to do so then some functions or features of the BG Sites may not be available to you.
3.2. Any personal information you do provide to us, whether via any of the BG Sites or otherwise, will be collected, held and used by BG in accordance with our Privacy Policy.
3.3. When you use any of the BG Sites or otherwise provide us with any personal information, we may create anonymised statistical data from your data and usage of the BG Sites or our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve the BG Sites and our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.
3.4. The BG Sites or emails which we send to you may contain links to other sites operated by third parties. We are not responsible for the accuracy and content of external websites and specifically disclaim responsibility for their content, privacy practices, and terms of use, and we make no endorsements, representations, or warranties about their accuracy, content or thoroughness. Your disclosure of any personal information to third party websites is at your own risk. It will be governed by the terms and conditions and it will be subject to the privacy policy on those third party websites.
4. Disclaimers
4.1. To the extent permitted by law, we exclude all liability to you or any third party (whether arising in contract, tort (including negligence) or otherwise) for any loss, liability, damage, cost or expense however caused (whether direct, indirect or consequential) in relation to:
(a) the BG Sites and their content (including in relation to any inaccuracies or omissions, warranties of merchantability, quality, fitness for a particular purpose, accuracy or availability);
(b) any third party content displayed on a BG Site (including without limitation any errors or misstatements) or any third party site linked to from a BG Site; or
(c) any BG Site being unavailable (in whole or in part). We do not warrant that the BG Sites will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we cannot guarantee that any BG Site will be free of faults.
4.2. We reserve the right to make corrections and changes to any BG Site at any time without notice (including to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms or allow for repairs, maintenance or the introduction of new functionality on the BG Sites).
5. Limitation of liability
5.1. To the extent permitted by law, we are not liable or responsible to you or any third party (whether arising in contract, tort (including negligence) or otherwise) for any loss, liability, damage, cost or expense however caused (whether direct, indirect or consequential) under or in connection with these Terms, the BG Sites, or your access and use of (or inability to access or use) the BG Sites.
5.2. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.
5.3. To the maximum extent permitted by law and only to the extent clauses 5.1 and 5.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the BG Sites, or your access and use of (or inability to access or use) the BG Sites, shall not exceed NZD100.
6. General
6.1. The price of any products and/or services or any other charges shown on the BG Sites are in New Zealand dollars unless expressly stated otherwise.
6.2. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
6.3. These Terms are governed by New Zealand law and the Courts of New Zealand have non-exclusive jurisdiction in relation to any dispute arising out of or in connection with these Terms or any BG Site.