Terms & Conditions
1. Introduction
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
2. Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, Two Scoops Limited and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
3. Restrictions
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sub-licensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Two Scoops Limited may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. Your Content
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Two Scoops Limited a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Two Scoops Limited reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. No warranties
This Website is provided “as is,” with all faults, and Two Scoops Limited makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
6. Limitation of liability
In no event shall Two Scoops Limited , nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Two Scoops Limited , including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
7. Indemnification
You hereby indemnify to the fullest extent Two Scoops Limited from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable lawyer’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
8. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms
Two Scoops Limited is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
10. Assignment
Two Scoops Limited shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Two Scoops Limited and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
12. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of Aotearoa New Zealand, and you submit to the non-exclusive jurisdiction of Aotearoa New Zealand for the resolution of any disputes.
Privacy Policy
When and how we process your data, for what purposes and our legal grounds to do so (lawful bases).
We also specify the retention periods for the processing.
We process personal data when:
You communicate with us
Regardless of your relationship with us, as a potential or existing customer, vendor or other, we process your personal data whenever you communicate with us. This could be when you contact us through email, phone (call, text message) or social media. Depending on where and how you contact us, this may include your name, contact details, IP address and other information you choose to send to us. We use a customer support system to manage personal data on potential and existing customers.
The purpose is to be able to respond to your inquiries and, on some occasions, to keep records in case of complaints or legal claims. The lawful basis is, where our legitimate interest is to respond to your inquiries and, on some occasions, keep records in case of complaints or legal claims.
Website Tracking Privacy
We use Fathom Analytics to track visits, this is non-invasive analytics that allows us to get usage data, but does not infringe on user’s privacy rights. You can read more about it here.
We do not collect private or personal information from this website, except where you willingly provide it.
Two Scoops also uses a number of social media and marketing services and/or platforms including Twitter, Instagram, LinkedIn and Facebook. These services may be linked to our websites through the use of social media buttons and/or pixels, when installed.
With whom do you share my information?
We will not disclose any of your personally identifiable information except when we have your permission. Two Scoops will not sell your personal information to any third party at any stage.
Information security
We take information security as seriously as privacy, and we will always do our utmost to safeguard your personal data in the best possible way. For example, we use strong passwords, data encryption, two-factor authentication and several other measures to secure our data and prevent unauthorized persons from accessing, altering, deleting, or in any way affecting the data we store, including your personal data.
We only allow others to access or process your personal data in accordance with our instructions and only when strictly necessary (e.g. in the unlikely event that we require IT support).
We have created and implemented a dedicated IT security policy for technical and organizational measures and a routine for managing data breaches. Suppose we experience a personal data breach, i.e. a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data, and it poses a medium to high risk for the people affected. In that case, we will notify the national data authority within 72 hours. If the risk is deemed high for the people affected, we will inform them directly, if possible.
Legal Notice
Information on this website is provided ‘as is’ without warranty of any kind, either express or implied.
While every effort has been made to provide the most accurate information we advise that information on this website may contain technical inaccuracies or typographical errors. We may at any time and without notice make improvements and/or changes in the products described in this information.
In no event will we be liable to any party for any direct, indirect, special or other consequential damages for any use of this website, or any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programmes or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
Contact and Questions
If you have any questions or would like to contact Two Scoops, please contact us using the hello@twoscoops.co.nz email address.