< Interlike. Terms of Use >

Interlike Terms of Use

Welcome to Interlike Platform, a marketing service for generating and sharing of branded photographs designed for use by marketing professionals working for companies that have regular offline and established online presence. The Service drives social engagement that delivers on experiential, social and brand objectives and makes a lot of people really happy in the process.  These Terms of Use are intended to explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.

These Terms are binding on any use of the Service and apply to You from the time that Interlike provides You with access to the Service.

The Interlike Platform Service will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the Interlike Platform Service. Interlike reserves the right to change these terms at any time, effective upon the posting of modified terms and Interlike will make every effort to communicate these changes to You via email or notification via the Website. It is likely the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website.

By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

These Terms were last updated on 8 October 2011.

  1. Definitions

"Agreement"

means these Terms of Use.

"Access Fee"

means the fee (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which Interlike may change from time to time on notice to You).

"Confidential Information"

includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

"Data"

means any data inputted by You or with Your authority into the Website and reporting data generated with use of the Service.

“Content”

means all creative files and text inputted by You or with Your authority into the Website and all the photos generated via the use of the Service.

"Intellectual Property Right"

includes copyright, and all rights conferred under statute, common law or equity in relation to inventions (including patents), trademarks, designs, circuit layouts, domain names, rights in databases, confidential information, trade secrets, know-how, and all other proprietary rights, whether registered or unregistered, and all equivalent rights and forms of protection anywhere in the world, together with all right, interest or license in or to any of the foregoing.

"Service"

means the marketing platform consisting of Interlike App and My.Interlike Dashboard made available (as may be changed or updated from time to time by Interlike) via the Website and any Training services, Support services, or any other services, provided by us as part of inclusions into Subscription packages outlined on the Website.

“App”

means Interlike App that is enabled to take photos from a User iPad and share them with:

“Dashboard”

 My Interlike Dashboard - web based platform where

“Training”

consists of handover and training services for up to 2 hours, covering photography tips and tricks, App operation, troubleshooting and campaign set-up steps.

“Support”

consists of updating the App to reflect changes to Facebook's API, Twitter API and VKontakte API (subject to clause 11) and providing on-call telephone technical support under conditions outlined in clause 10 of this Agreement.

"Website"

means the Internet site at the domain www.interllikeapp.com or any other site operated by Interlike.

"Interlike"

means Interlike New Zealand Limited and all current and future global subsidiaries of Interlike New Zealand Limited.

"User"

means any individual whose photo is taken by you or your personnel, or otherwise features in content created, using the App.

"Subscriber"

means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.

“Account”

means assigned account used in connection with the Service.

“Monthly Subscription”

means a continuous subscription to the Service, it is open ended, and will continue to renew automatically until terminated by the customers.

“Fixed-term Subscription”

means pre-purchase of the Service for a fixed number of months with Access Fee options outlined on the Website.

"You"

means the Subscriber. "Your" has a corresponding meaning.

2. Use of Software

Interlike grants You the right to access and use the Service via the Website for the duration defined by Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.

3. Term

The term of this Agreement begins on the date we activate Services for your Account. This Agreement will continue from month to month until terminated by either party pursuant to the terms hereof unless specified in the inclusions of a chosen Fixed Term Subscription.

4. Order of acceptance policy

Your submission of your order on the Website or receipt of an email confirmation signifies acceptance by Interlike of your order and the provision of your Account. Interlike may verify orders to prevent fraud. Should Interlike suspect the placement of a fraudulent order (even after you have received an email confirmation of acceptance of your order and the provision of your Account), Interlike may contact you by email or telephone regarding such suspected fraudulent order and, in Interlike’s sole discretion, we may interrupt, restrict, or terminate your Account without notice to you.

5. Your obligations

  1. Payment obligations:

Access Fee is charged upfront and can be paid via Credit Card or paid directly into Interlike bank account.

Monthly Subscription is charged in advance each month on a calendar day starting on the date You purchased the Service.  All Fixed-term Subscription options Access Fees are charged in full on the date You purchased the Service.

If You choose to pay for the Service by credit card,

If You choose to pay directly into Interlike bank account,

2. General obligations

You must only use the Service and Website for Your own lawful business purposes, in accordance with these Terms and any notice sent by Interlike or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.

        

3. Access conditions:

  1. You represent and warrant that you are at least 18 years of age or the applicable age of majority in your geographic area, and that you possess the legal right and ability to enter into this Agreement.

  1. You agree not to use the Service for any unlawful, abusive, damaging purpose (including but not limited to the promotion of any illegal substances, alcohol, gambling and any type of political, racial or religious hatred) in any way which interferes with our ability to provide Services to our customers, or which damages our property.

  1. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Interlike of any unauthorised use of Your passwords or any other breach of security and Interlike will reset Your password and You must take all other actions that Interlike reasonably deems necessary to maintain or enhance the security of Interlike’s computing systems and networks and Your access to the Services.

  1.  To deliver the Service, we integrate with the following third party platforms: Mandrill (mandrillapp.com), Facebook (www.facebook.com), Twitter (www.twitter.com) and VKontakte (www.vk.com).  By accepting this Terms of Services, you confirm that you have read and accept their Terms.

You confirm that You have read and accept the XE.com terms and conditions for the use of the XE Currency Datafeed service.

  1. As a condition of these Terms, when accessing and using the Services, You must:

 4. Usage limitations:

  1. Interlike’s mission is to share good vibes. We do our best to stay away from companies and organisations whose activities are harmful to the society (in our view).

    Interlike social media sharing mechanic is unique and does not use existing advertising publishing engines hence, content published via Interlike do not fall under the advertising content filters that all major social media networks have in place to protect vulnerable audience (i.e underage audiences). Nevertheless we recognise that our platform is used to create and share advertising content and as such must adhere to all legal requirements existing in the country of publishing.

    Technically we are unable to limit the access to the content shared via Interlike for those who shouldn’t be exposed to it, hence we are limiting the ability to create this type of content.

    Interlike platform can only be used to create and share content that does not have age restrictions and that does not break current advertising legislation.

    For example, our Interlike platform is not allowed to be used to promote the following:


Promotion of the above content covers but not limited to the use of recognised brands and organisation names,  as well their visual styles,  all potentially  recognised elements and subliminal messaging.

Interlike has the right to an instant restriction of access to Interlike platform by the Subscriber in the case of breaching these Limitations of Use. We also have a right not to provide access to Interlike Platform and any additional services to any organisation we consider in breach of the limitations of Use.

To avoid potential misunderstandings and conflict we encourage all Subscribers to submit their creative for approval by Interlike.  We aim to go review all submissions within a few hours and guarantee to feedback within 3 days working days.

2.  Use of the Service may be subject to limitations, including but not limited to monthly photos sharing volumes via the App and the number of campaigns and events You can create in the Dashboard. Any such limitations will be advised.

5. Indemnity:

You indemnify Interlike against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Interlike, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.

6. Privacy

Interlike maintains a privacy policy that sets out the parties’ obligations in respect of personal information . You should read that policy at www.interlikeapp.com/privacy/ and You will be taken to have accepted that policy when You accept these Terms.

7. Intellectual Property

  1. General:

Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Interlike (or its licensors).

2. Ownership of Data and Content:

Title to, and all Intellectual Property Rights in, the Data and Content remain Your property. However, Your access to the Data and Content is contingent on full payment of the Interlike Access Fee when due. You grant Interlike a licence to use, copy, transmit, store, and back-up Your information, Data and Content for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.

3. Backup of Data and Content:

You must maintain copies of all Data and content inputted into the Service. Interlike adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data and Content. Interlike expressly excludes liability for any loss of Data no matter how caused.

8. Limitation of Liability

  1. To the maximum extent permitted by law, Interlike excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
  2. If You suffer loss or damage as a result of Interlike’s negligence or failure to comply with these Terms, any claim by You against Interlike arising from Interlike’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.
  3. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with clause 9.

9. Termination

You may terminate this Agreement at any time by ceasing all use of the Services or by notifying Interlike of your desire to cancel your Service. We may terminate this Agreement, at any time, without notice to you, if we believe, in our sole judgement, that you have breached or may breach any term or condition of this Agreement.

You agree that termination of this Agreement will not relieve you of any obligation to pay any accrued charges.

All sections which by their nature should survive the expiration or termination of the Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

You shall be charged the full amount of the fee for the month in which the Services were terminated. There is no pro-rated refund or discount provided when an account is terminated.

10. Help Desk

In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Interlike.

If You still need technical help, please contact Interlike on-call telephone technical support during live support hours 8am to 8pm, 7 days a week. In any other time, we will endeavor to respond to issues reported via the support email (help@interlikeapp.com) within 4 hours.

Whilst Interlike intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.

If for any reason Interlike has to interrupt the Services for longer periods than Interlike would normally expect, Interlike will use reasonable endeavours to publish in advance details of such activity on the Website.

11. Force Majeure

We will not be liable for any failure or delay in performance of any obligation under this Agreement to the extent such failure or delay is due to an event which is beyond our reasonable control, including any change to Facebook's API, Twitter API, VKontakte API or terms which makes the use or operation of the App in its current form commercially unviable.  If such a change or event prevents the performance of our obligations for more than 30 consecutive days, either party may terminate this agreement without fault.

12. General

  1. Entire agreement

These Terms, together with the Interlike Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Interlike relating to the Services and the other matters dealt with in these Terms.

2. Waiver

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

3. Delays

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

4. No Assignment

You may not assign or transfer any rights to any other person without Interlike’s prior written consent.

5. Governing law and jurisdiction

This Agreement is governed by New Zealand Law and the parties irrevocably submit to the exclusive jurisdiction of the New Zealand courts in any proceedings relating to it. You submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement.

6. Dispute resolution

The parties shall attempt, in good faith, to resolve any dispute that arises between them. If such dispute cannot be resolved within 30 days, then the parties may take alternative action.

6. Severability

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

7. Notices

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Interlike must be sent to hello@interlikepp.com or to any other email address notified by email to You by Interlie. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.

8. Rights of Third Parties

A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

13. Contact

Interlike New Zealand Ltd

+64 9 360 4026

hello@interlikeapp.com 

249B Jervois Rd

Herne Bay

Auckland, 1011

New Zealand

©2015 Interlike New Zealand