These Terms of Service between you, an individual user ("you") and Pocketspace Interiors Limited trading as Clkspace ("Clkspace", "us" or "we") govern your use of the www.clkspace.co.nz website (the "Website") and mobile application (the "App") (the Website and the App are, collectively, the "Service"). By installing the App or otherwise accessing or using the service, you agree that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, then you may not use the service.
(a) The Service is a platform which enables you to engage Clkspace to provide you with design services.
(b) Clkspace may also include links to third party products. Any transactions between you and a third party supplier are made by you at your own risk.
(d) We may revise these Terms of Service at any time by posting an updated version. You should visit this page periodically to review the most current Terms of Service. Your continued use of the Service after a change to these Terms of Service constitutes your binding acceptance of these Terms of Service.
2. Scope of License
(a) The Service is licensed, not sold, to you for use only under the terms of these Terms of Service. Subject to your complete and ongoing compliance with the terms and conditions of these Terms of Service, Clkspace hereby grants you a personal, limited, revocable, non- transferable license to:
(i) use the App on compatible, authorised devices that you own or control; and
(ii) access and use the Website.
(b) You may not:
(i) modify, alter, reproduce, or distribute the App;
(ii) directly rent, lease, lend, sell, redistribute or sublicense the Service; or
(iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any such restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service.
(c) These Terms of Service will govern any updates provided to you by Clkspace that replace and/or supplement the App.
3. Registration and Eligibility.
(a) Anyone may browse the public-facing pages of the Service and take a style quiz, but in order to obtain the design services, you must create an account.
(b) To create an account, you must provide your [postcode, phone number, email address, name and a username and password]. You may also register by connecting to your social network. You will also take a style quiz (to help us determine your preferred design styles) and select from a variety of design packages which will include a style board, furniture plan and shopping list (as defined below) (such packages, "Design Packages") based on your space and budget.
4. Content You Submit - License Grants from You.
(a) The Service allows you to create, post, or share content, such as pictures of your space, floor plans and household objects ("Your Content"). Clkspace claims no ownership or control over Your Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Service. You are responsible for protecting those rights.
(i) provide the design services and
(ii) advertise and promote the Service.
(c) You represent and warrant that:
(i) you own Your Content or otherwise have the right to grant the license set forth in these Terms of Service,
(ii) the posting and use of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and
(iii) the posting of Your Content on the Service does not result in a breach of contract between you and a third party.
You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Service. You also acknowledge and agree that Your Content is non-confidential and non-proprietary.
5. Design projects
(a) Once you have created an account you may initiate a request for design services for a room (“Request"). Clkspace will prepare a custom design for that room (the "Custom Design").
(b) Clkspace will prepare a Custom Design for you within 3 working days after receiving the Request.
(c) The Custom Design will include a floor plan, shopping list and style plan.
(d) The Custom Design is final and no changes can be requested.
(e) The total space must not be larger than 100m2.
6. Fees and Payments.
(a) You must pay the fee (the "Fee") for each Design Package as set out on the Service. The Fee is due and payable in advance of your initiation of a Request.
(b) Your invoice will include GST and credit card processing fees.
(c) The Service uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in New Zealand Dollars.
7. Your Use of the Service and Service Content
Your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:
(a) You may access the Service solely as intended through the provided functionality of the Service and as permitted under these Terms of Service.
(b) You agree not to provide any false personal information to Clkspace or any other user, or create a false identify or impersonate another person or entity in any way.
8. Third Party Software
(a) The App consists of a package of components, including certain third party software ("Third Party Software" and together with the App, the "Package") provided under separate license terms (the "Third Party Terms").
(b) Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of these Terms of Service is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in these Terms of Service is intended to impose further restrictions on your use of the Third Party Software.
9. Consent to Use of Data
(a) You agree that Clkspace may collect and use technical data and related information, including, but not limited to contacts, usage data, location and other technical information about your device, system and application software, and peripherals, that is
gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes.
The Service, Service Content, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of Clkspace and its licensors Except for the limited licenses expressly granted to you under these Terms of Service, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under these Terms of Service, either expressly, or by implication, estoppel or otherwise.
We appreciate hearing from our users and welcome your comments regarding the Service Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials ("Creative Ideas"), we will:
(a) own, exclusively, all now known or later discovered rights to the Creative Ideas;
(b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and
(c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
12. Consequences of Violating These Terms.
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion.
13. Clkspace's Liability.
(a) We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
(b) We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including Designs.
(c) The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
(d) We make no promises and disclaim all liability of specific results from the use of the Service.
"Released Parties" include Clkspace and its affiliates, officers, employees, agents, partners, and licensors. You expressly understand and agree that:
(a) your use of the service is at your sole risk, and the service is provided on an "as is" and "as available" basis and the released parties expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties as to products or services offered by businesses listed on the service, implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
(b) the released parties make no warranty that
(i) the service will meet your requirements;
(ii) the service will be uninterrupted, timely, secure, or error-free;
(iii) the results that may be obtained from the use of the service, including data, will be accurate or reliable;
(iv) the quality of any goods, data or service available on the service will meet your expectations; or
(v) any errors in the service will be corrected; and
(c) any material obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material.
(d) the released parties will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if clkspace has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the service;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the site;
(iii) unauthorised access to or alteration of your transmissions or data;
(iv) statements or conduct of any user or third party on the service;
(v) your reliance on content or data made available by us; or
(vi) any other matter relating to the service some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations in this paragraph may not apply to you.
(e) to the fullest extent possible by law, the released parties' maximum liability arising out of or in connection with the service or your use of company content, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed the fees you have paid to Clkspace.
If you have any questions about these Terms of Service or any other matters, you can contact Clkspace by e-mail at firstname.lastname@example.org.
These Terms of Service were last updated on 09.12.2016.