End User Terms

Last updated 11 November 2024

The following terms of use agreement (hereinafter referred to as “Terms”) govern the use of the Tutaki website, Platform (generally accessible via Insights.Tutaki.com) and all domains, webpages, sub domains and subparts therein contained (the “Website”). The services available through the Website are provided by Tutaki Limited (hereinafter referred to as “TL”).

Use of the Website is offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies and procedures that are published from time to time on the Website by TL.

By using or accessing any part of the Website you agree to become bound by the Terms in their entirety. If you do not agree to the Terms in their entirety then you may not access the Website.

1. Modification of Terms

TL reserves the rights, at its sole discretion, to modify or replace any part of the Terms at any time. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes. If any change to these Terms is not acceptable to you, you must cease accessing the Website.

    2. Conduct

    2.1 Your use of the Website: You may use the Website for the purposes of business and management. You must not:

    • Attempt to reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure of all or any part of the Website; or
    • Attempt to phish, hack or otherwise breach the Website; or
    • Use bots or any other automated systems to scrape or otherwise engage with the platform; or
    • Engage in any activity that interferes or disrupts the Website or engage in any fraudulent activity or activity that facilitates fraud.

    2.2 Your Registration Obligations: By registering an account on the Website you agree to provide true, accurate, current and complete information about yourself as prompted by the Website registration form (hereinafter the “Registration Data”). You further agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

      2.3 Your Account Security: By registering an account on the Website, you are fully responsible for maintaining the security and confidentiality of your account. You are fully responsible for all activities that occur under your account, including, without limitation, all actions by other users (not-permitted under the Terms) with access to your account. You agree to immediately notify TL of any unauthorised access to your account. TL will not be liable for any loss, damage or other liability arising from your failure to comply with this section of the Terms or from any unauthorised access to or use of your account.

      3. Reliance on Information

      TL is an early-stage startup company. The accuracy of the information contained or output by the Platform is not guaranteed. The user is not permitted to solely rely on the accuracy of information contained on the Website, including any information provided by the Platform’s tools. TL is not responsible for any loss caused by the reliance on information contained or output by the Platform.

      4. Service Modifications

      TL reserves the right at any time to, and from time to time may modify, suspend or discontinue, temporarily or permanently, the Website (excluding the Platform) for any reason or no reason with or without notice. You agree that TL shall not be liable to you or to any third party for any modifications, suspension or discontinuation of the Website (excluding the Platform).

      5. Intellectual Property

      TL shall retain all the subscription services, including all documentation, modifications, improvements, upgrades, derivative works, and all other Intellectual Property rights in connection with the Website, including the TL's name, logos and trademarks reproduced through the Website.

      TL is granted a licence to process user-provided content for the sole purpose of providing the services.

      6. Disclaimer

      The Website is provided “as is”. TL hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. TL does not make any warranty that the Website will be error-free or that access to the Website will be continuous or uninterrupted. You obtain content or services through the Website at your own discretion and risk.

      7. Suspension and Termination

      • Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
      • On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

      8. General

      • If we need to contact you, we may do so by email. You agree that this satisfied all legal requirements in relation to written communications.
      • These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Court of New Zealand in relation to any dispute connected with these Terms of the Website.
      • For us to waive a right under these Terms, the waiver must be in writing.
      • Clauses which are, by their nature, intended to survive termination of these Terms continue in force.
      • 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.