Terms of Service

 

Overview

We (Meddle) are a Dunedin based website design agency that offer custom designed websites, and Website Template services. Our Template Services are designed so you can quickly start building a website to your requirements without paying large up-front fees. Our Template Services enable to you to manage your own website, and edit the customisable components within your chosen Template.

General Terms and Conditions

  1. Before commencing any work on custom designed websites, template setup, or site transfers, a 50% deposit must be made to Meddle. Final payment is due upon completion of a project. Completed work may be withheld until a full payment has been made.
  2. Upon completion of your project, Meddle holds no responsibility or any liability for maintaining your website once launched.
  3. Meddle, and third party services used by Meddle, will not be held responsible for domain management or changes to third party services that may result in loss, or termination of services to your website. Services used by Meddle, and prices offered by third party services (domain providers, CloudCannon, hosting services etc.) used by Meddle, are subject to change. Meddle holds no control or responsibility over this. Meddle will endeavour to offer as much notice and support as possible if we are made aware of any potential changes.
  4. You will be held responsible for keeping your content within New Zealand and International Legislation and Copyright Laws.
  5. Some resources (e.g APIs, JavaScript components etc.) may be utilised from other projects from Meddle and/or other sources. We may also use code or resources from your project in future Meddle projects.
  6. Templates are copyrighted designs (that may or may not include components from other sources and abide by their licenses). If you choose to end your Template subscription you will be prohibited from using Meddle Templates, code, and components provided by Meddle. 
  7. By agreeing to Meddle’s Terms and conditions, or using any services provided by Meddle you also agree to CloudCannon’s Terms and Conditions (https://app.cloudcannon.com/terms, https://app.cloudcannon.com/privacy_policy).

Terms of Service

The following terms and conditions govern all use of the website Meddle, Templates, custom websites, content, services and products available from Meddle. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Meddle’s Privacy Policy) and procedures that may be published from time to time on this Site by Meddle (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Meddle, acceptance is expressly limited to these terms and conditions. The Website is available only to individuals who are at least 18 years old.

1. Your Meddle Account and Site
If you create a website through Meddle you are responsible for maintaining the security of your account and Website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must immediately notify Meddle of any unauthorised uses of your blog, your account or any other breaches of security. Meddle will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors 
If you operate a Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • your Website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • your Website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Website’s URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by Meddle or otherwise.

3. By submitting Content to Meddle for inclusion on your Website, you grant Meddle a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Meddle will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

4. Without limiting any of those representations or warranties, Meddle has the right (though not the obligation) to, in Meddle’s sole discretion (i) refuse or remove any content that, in Meddle’s reasonable opinion, violates any Meddle policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Meddle’s sole discretion. Meddle will have no obligation to provide a refund of any amounts previously paid.

5. Meddle has a soft limit on the amount of bandwidth used on sites. For regular customers, this is not something to worry about. Only illegitimate users have reached this limit.

6. The services Meddle provides are for the purpose of business, and therefore is not governed by the Consumer Guarantees Act.

7. Payment and Renewal

  • General Terms. Optional paid services such as extra Websites are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Meddle the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
  • Automatic Renewal. Unless you notify Meddle before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time in the Upgrades section of your site’s dashboard.

8. Responsibility of Website Visitors. Meddle has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Meddle does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Meddle disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

9. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the Websites and webpages to which Meddle links, and that link to Meddle. Meddle does not have any control over those non Meddle Websites and webpages, and is not responsible for their contents or their use. By linking to a non Meddle Website or webpage, Meddle does not represent or imply that it endorses such Website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Meddle disclaims any responsibility for any harm resulting from your use of non Meddle Websites and webpages.

10. Copyright Infringement and DMCA Policy. As Meddle asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Meddle violates your copyright, you are encouraged to notify Meddle. Meddle will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Meddle will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Meddle or others. In the case of such termination, Meddle will have no obligation to provide a refund of any amounts previously paid to Meddle.

11. Intellectual Property
 This Agreement does not transfer from Meddle to you any Meddle or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Meddle. Meddle, and all other trademarks, service marks, graphics and logos used in connection with Meddle, or the Website are trademarks or registered trademarks of Meddle or Meddle ‘s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Meddle or third-party trademarks.

12. Changes
Meddle reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Meddle may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

13. Termination
Meddle may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Meddle account (if you have one), you may simply discontinue using the Website, we also provide a way to delete your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Disclaimer of Warranties
The Website is provided “as is”. Meddle and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Meddle nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

15. Limitation of Liability
In no event will Meddle, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Meddle under this agreement during the twelve (12) month period prior to the cause of action. Meddle shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

16. General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Meddle Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

17. Indemnification
You agree to indemnify and hold harmless Meddle, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

18. Newsletter
By signing up to Meddle you are agreeing to be added to our mailing list. We will send you product updates, news and tips from time to time. You can unsubscribe at anytime by clicking the unsubscribe link at the bottom of any newsletter we send out.

19. Refunds
Meddle does not allow refunds. If you downgrade or cancel your account during the month we will credit your subscription for the unused period.

20. Miscellaneous
This Agreement constitutes the entire agreement between Meddle and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Meddle, or by the posting by Meddle of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Meddle may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Privacy Policy

Your privacy is critically important to us. At Meddle we have a few fundamental principles:

  • We don’t ask you for personal information unless we truly need it.
  • We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
  • We don’t store personal information on our servers unless required for the on-going operation of one of our services.

Below is our privacy policy which incorporates these principles. If you have questions about deleting or correcting your personal data please contact our support team.

Meddle Limited. (“Meddle”) operates the website meddle.co.nz. It is Meddle ‘s policy to respect your privacy regarding any information we may collect while operating our websites (meddle.co.nz).

Website Visitors

Like most website operators, Meddle collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Meddle ‘s purpose in collecting non-personally identifying information is to better understand how Meddle ‘s visitors use its website. From time to time, Meddle may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Meddle also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users and users logging in through the client editor. Meddle only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

Gathering of Personally-Identifying Information

Certain visitors to Meddle ‘s websites choose to interact with Meddle in ways that require Meddle to gather personally-identifying information. The amount and type of information that Meddle gathers depends on the nature of the interaction. For example, we ask visitors who sign up for meddle.co.nz to provide an email address. Those who engage in transactions with Meddle – by purchasing a plan on Meddle, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Meddle collects such information only insofar as is necessary or appropriate to fulfil the purpose of the visitor’s interaction with Meddle. Meddle does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

Meddle may collect statistics about the behaviour of visitors to its websites. For instance, Meddle may monitor the most popular website traffic on Meddle to help identify trends of how visitors are using these websites. Meddle may display this information publicly or provide it to others. However, Meddle does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

Meddle discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organisations that (i) need to know that information in order to process it on Meddle ‘s behalf or to provide services available at Meddle ‘s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organisations may be located outside of your home country; by using Meddle ‘s websites, you consent to the transfer of such information to them. Meddle will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organisations, as described above, Meddle discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Meddle believes in good faith that disclosure is reasonably necessary to protect the property or rights of Meddle, third parties or the public at large. If you are a registered user of a Meddle website and have supplied your email address, Meddle may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Meddle and our products. We expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Meddle takes all measures reasonably necessary to protect against the unauthorised access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Meddle uses cookies to help Meddle identify and track visitors, their usage of Meddle website, and their website access preferences. Meddle visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Meddle ‘s websites, with the drawback that certain features of Meddle ‘s websites may not function properly without the aid of cookies.

Business Transfers

If Meddle, or substantially all of its assets, were acquired, or in the unlikely event that Meddle goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Meddle may continue to use your personal information as set forth in this policy.

Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognise your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Meddle and does not cover the use of cookies by any advertisers.

Privacy Policy Changes

Although most changes are likely to be minor, Meddle may change its Privacy Policy from time to time, and in Meddle ‘s sole discretion. Meddle encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

 

Last updated: 03/05/2019

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