GRANT OF LICENCE

Onebook (“Onebook,” “We” or ”Our” or “Us”) supplies Channel Management Software And Services, plus further services to You entirely subject to the following Terms And Conditions. By accepting the following Terms & Conditions, OR by the act of using any Onebook Software & Services, You fully represent and acknowledge that You have indeed read, fully understood, and therefore do agree to be fully bound by these Terms & Conditions. Furthermore you acknowledge that the information You do provide to Onebook Software & Services when you register with them is fully accurate and complete, and is entirely Yours or indeed it is within Your rights to use that information. If indeed You are entering into these Terms & Conditions as an authorized agent of a company or some other form legal entity, then You lawfully and legally represent that You do have authority to bind such form of an entity and all its affiliates to these Terms & Conditions, in which case the terms used “You,” “Your” or other capitalised terms herein do and will refer to the given entity and its all of its affiliates. If in fact You do not have the authority you require to make such a binding agreement, or if You do not agree with these Terms & Condition, You must not accept these Terms & Conditions and can not use Onebook Software and Services. You do indeed fully recognise and fully affirm that these Terms constitute a binding contract between You and Onebook, even though thes Terms & Conditions form an electronic contract that is not physically signed by You and Onebook Channel Management Software And Services, and that this given contract of Terms & Conditions do indeed govern Your use and limitations of use of the Onebook Software & Services and do in fact fully supersede any prior agreements settled upon by You and Us, Onebook Channel Management Software And Services.

DESCRIPTION OF ONEBOOK SOFTWARE & SERVICES

Onebook Software and Services is comprised of the Onebook Channel Management Software and Services, Onebook Information Products & Onebook Marketing Services, and all support services offered by Us to You, including all software, data, text, images, sounds, videos, and other online digital or offline physical or digital content provided by Onebook. Any and all additional features introduced by Onebook Software and Services to its entity and practices are also subject to these Terms.

IDENTITY AUTHENTICATION

Onebook reserves the right to use multiple methods to identify You when You register with Onebook. In order for Us to to comply with New Zealand and other countries legislative requirements, and to comply to global agreement and sanctions, we are obliged to screen customer accounts and we may indeed be required to request information from You to fulfil these legislative requirements laid upon us. Indeed Onebook might ask You for ifnromation to aid in the establishment of correct knowledge of Your identity for business verification purposes. Under these Terms & Conditions as they are, You hereby allow Onebook to legally, be it directly or through third parties, carry out any and all enquiries Onebook deems unavoidable to establish Your correct registration under national and international laws statutes treaties and sanctions.

CONFIDENTIALITY: SECURITY OF YOUR SENSITIVE INFORMATION FROM ONEBOOK PERSONNEL AND ITS CONTAINMENT TO ORGANIZATION

Onebook agrees it is responsible for the security of all data it can access and is given by You and any and all information You provide to Onebook or indeed any information We have access to is protected under stringent Non-Disclosure Agreements signed by all Onebook personnel, as well as Non-Disclosure Agreements signed between You and Us. Onebook shall not give your passwords for online entities to any party other than Onebook personnel unless permission is sought from You to do so in which case it will be deemed acceptable. We realise we will be coming into contact with Your proprietary and confidential data and that We will only use this data for the purposes of fulfilling the provisions of Onebook Software & Services. Onebook shall request that You change all passwords for Your channels and other online entities before providing Us with sign in information for those channels. Onebook requests this to stop any transfer of passwords that are used by You in any other facility. Onebook shall make this request explicit and clear to You, with at least one written mention of this fact in personal correspondence between Us & You. In cases where Non-Disclosure Agreements have been signed between You and Us digitally or physically, but you are unwilling to change your passwords before handing them to Us, You agree to indemnify the Onebook company, officers, employees and its suppliers against liability or loss arising from, and cost incurred in connection with any breach of your personal data on other online entities that share passwords with those You provided to Us, excepting legal recourse against an individual person or persons who investigation finds to be guilty of using those passwords on websites You have not given Us verbal or written authority to use them on.

PCI COMPLIANCE

Onebook Software and Services will at no time have access Your credit card or paypal information so does not personally take responsibility for PCI DDS compliance. All payments from You to Onebook are all taken through Third Party Payment Gateways. These Thirrd Party Payment Gateways may include but are not limited to Paypal and DPS Payment Express. These Third Party Payment Gateways are known to Onebook at time of initiation of services with them to be fully PCI DDS compliant. These Third Party Gateways may store your credit card information for recurring payment to Onebook but We will at no time possess any of Your credit card or paypal information whatsoever excepting your email address. Onebook affirms it will review its Third party payment systems at least annually for PCI DDS compliance. Onebook will immediately notify You if we learn these Third Party Payment Gateways are no longer PCI DSS compliant and will immediately inform You of the steps being taken to remediate the non-compliance status. In no event should Onebook take longer than 5 calendar days to notify you that one or more of these Third Party Payment Gateways is no longer PCI DSS compliant

CHANNEL CONTENT

You are the sole party responsible for the accuracy and currency of the Data provided by You to Onebook Software & Services for the purposes of updating the data on Your channels. You also agree that Onebook Software & Services may incorrectly enter the data you provide into your channels, so that there is a difference between the data you provide and the data that is entered into your channels. You agree that this unlikely event is a human error related mistake which is to be expected in any and all industries and may occur once or more within a calendar week or at a rate of around three percent of all activities, as is standard across all industries in which people operate and human error is possible. You do fully agree to indemnify Onebook, and its associated companies, officers, employees and furthermore its suppliers against liability or loss that rises from such a mistake, and indeed any costs accrued in connection with any mistaken data entered by Us into Your channels under your Onebook Software & Services account.

FEES

Onebook fully reserves the right to change its fees after a period of 30 days notice that is given to You. This 30 day period does not apply in cases where an agreement has been signed between Us and You which explicitly allows no pricing change.

INFORMATION AND INTELLECTUAL PROPERTY RIGHTS

You recognise and affirm that Onebook owns all rights to title, and ongoing interests in, to or with Onebook Software & Services (including but not limited to any and all images, photographs, animations, video, audio, music, text, and “applets” that are in time duly incorporated into the Onebook Online & Offline Materials), as well as any copies of the Onebook Software. Onebook does in no way grant You any part of the right, title or interest in, to or with the Onebook Software. The web address representing the Onebook website and affiliated websites, “Onebook” and any and all logos of our products and services described in our web properties or emails are fully subject to one or all of the following: copyright, trademark or existing registered trademark. All the aforementioned intellectual property clauses aforementioned in this paragraph are fully owned by Onebook and can not be copied, imitated or used, in whole or in part, without receiving written permission of Onebook before the representation is made.

DISCLAIMER OF WARRANTIES

Onebook and its related companies, officers, employees and its suppliers provide Onebook Software & Services with no warranty whatsoever and we maintain this position to the fullest extent permitted by the legislation. Onebook and its related companies, officers, employees and its suppliers deny the existence of any implied guarantee or warranty, as do we deny any fitness for a particular purpose and we do so to the fullest extent or lack of infringement penalty as is permitted by legislation. Many factors exist outside of our control that could lead to a period of cessation of services so we cannot in any way offer guarantee or warranty.

LIMITATION OF LIABILITY.

No Consequential Damages. In the business relationship between Us and You there shall be No Consequential Damages. There will be no situation or occurrence and furthermore no legal theory (be that theory in negligence, tort, contract or any other legal theory) that in any way bind either either party to such case of this legal theory instantiated, or such a party’s affiliated personnel or entities be liable to the other party or indeed and including any third party for any and all indirect, ancillary, unique, extraordinary, as a consequence, punitive or any and all other similar damages, including but not limited to diminished profit, diminished sales or revenue, lost information, unforeseen business cessation and any and all other losses that are incurred by such party or parties in relation with this here agreement or indeed the services rendered, notwithstanding if such a party has indeed been notified of the potential of it or indeed if they could have predicted such a negative occurrence actually happening. Force Majeure And Third Parties. You do fully agree that Onebook is not in no wise liable for any and all failures or delays in executing its contractual obligations here laid out if in fact the aforementioned failure or delay is because of events outside of its reasonable control, which does include but is not limited to acts of any and all government authority, civil or national war, industrial or infrastructure or national sabotage, fires impeding our activities, flood, labour strike or any other labour disturbance, irregularity of or time lag in transportation, unforeseen cessation of or time lag in telecommunications and or third party services, temporary or permanent failure of third party software We use for operations or an inability to acquire raw materials required by our operations, supplies, or power used in, or indeed plant we do reasonably require for provision of Services. Limits On Monetary Damages. Regardless of any Terms & Conditions to the contrary of these here mentioned terms, Onebook’s (including any and all its affiliates) total liability for any and all damages (fiscal, labour related or anything otherwise) according to these here given terms during any and all calendar years relating to claims proffered by You or indeed proferred by any and all third parties occurring due to our service, will be fully limited to the lesser of (1.) real and total damages incurred, or indeed to (2.) money payments performed by You for the contracted services within the whole of the twelve (12) months fully preceding the proferred claim. All of the parties do fully acknowledge and completely agree that the entire core goal and directive of this here clause is to allocate all of the given risks under these here mentioned terms in exchange between the parties involved and fully limit their possible liability when the fees charged under this agreement are taken into consideration, which certainly would be much great if Onebook were to take on to itself any further liability than what has herein been fully described and defined laid out. All of the involved parties use these limitations to decide if they do indeed wish to enter into this agreement.

ASSIGNMENT; ENTIRE AGREEMENT; REVISIONS

You or Us may transfer or indeed assign these Terms & Conditions to another party, be it in whole or in part, void of any restrictions, as long as the assignee does agree to be bound without reservation by the given Terms & Conditions. The Terms & Conditions laid out do indeed fully supersede earlier versions of these Terms & Conditions as issued by Onebook. You or Us may transfer these to another party and all of the other agreements by or among the parties (excepting written agreements agreed to by all parties). It stands that we still may yet modify our Terms & Conditions occasionally, and that the newest version of the Terms and Conditions supercedes all that came before it. Understand that we will notify you of all of Terms & Conditions changes, make the latest version easily available to you and direct you to it.

SEVERABILITY

If a court of jurisdiction does indeed find any of the provisions in these Terms & Conditions to be unenforceable, an amendment of that provision will follow that follows as closely as legally possible the legal interpretation of the now defunct provision and any further provisions of the Terms & Conditions that are legal shall remain in full effect.

INDEMNITIES AND RELEASES

You hereby acknowledge that you agree to indemnify and keep indemnified Onebook and all of its related companies, officers, employees and its suppliers against liability or indeed any loss that comes out of, and any cost taken on in connection with, damage, loss, injury or indeed death to a third party that is made occur entirely or in part by Your action, by your neglect or default, or the action, neglectful action or inaction or default of Your servants and agents. Onebook does hereby fully agree to indemnify You, and all of Your related companies, officers, employees and suppliers in relation to a liability or loss coming from, and costs brought about in connection with, damage, loss, injury or death to a third party that is made to occur entirely or partly by Our act, neglect or default, or indeed by the act, neglect or default of Our servants and agents.

CANCELLATION AND TERMINATION

Onebook does fully reserve the right to terminating its service providing to you with there being no limitation to the reasons for that cessation. You will be given notice 30 days or more before the date of cessation of services. We will not be liable for any negative costs to You with a termination of services carried out according to a 30 day (at least) notification period. If You violate any Terms & Conditions laid out in this document we reserve the right to immediately terminate or suspend activities for You without any liability for this cessation. For your part You may cancel your ongoing service with 30 days notification. To do so please email team@onebook.nz

SURVIVAL

Cancellation and Termination, Disclaimer of Warranties, Intellectual Property Rights, Indemnities And Releases, Limitation of Liability, Assignment; Entire Agreement; Severability, Revisions and Governing Law will fully survive any termination of these Terms.

GOVERNING LAW

Onebook’s Terms And Conditions are governed by and interpreted under the laws of the country of New Zealand. If We do not elect to pursue you legally on a breach of these Terms and Conditions this does not preclude Our future legal recource on the same or similar provision. The latest version of these Terms And Conditions do fully detail the whole agreement between us concerning the content of Onebook and Your Terms & Conditions of trade.

PRIVACY STATEMENT

We recognize that the absolute privacy of your data is of extreme importance to you, and that your privacy is a core concern when you’re considering forming a business relationship with us. The following privacy statement is written to inform you exactly how your information is handled, and the protections it is under. If you don’t wish to read the entire statement a summary of the following is that we (i) operate web properties protected by secure socket layer (SSL) encryption. This is the industry standard for web properties and it is used by Facebook, Google and all other major websites. Also understand that (ii) all our personnel are bound by non-disclosure agreements so that your proprietary information remains securely private. And that (iii) we have simple safety protocol we set up with you at the beginning of the relationship that will mean that if Onebook comes under an extreme digital attack in anyway, there is nearly zero risk to your finances. Please also understand that our means of safeguarding your information is constantly updated to match industry best practices. We are constantly assessing our performance against new developments in technology, in consumer requirements, and in changes in our business practices.

WHAT INFORMATION OF YOURS DO WE COLLECT?

When you visit Onebook you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis, and website use information collected on an aggregate basis as you and others browse our website.

1. PERSONAL INFORMATION YOU CHOOSE TO PROVIDE

Registration Information. When You register for any of our services or newsletters you will provide us with information about yourself. Email Information. If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same level of protection for electronic communications as we do for information received by mail and telephone. Communication with You. Registration or correspondence with us via email constitutes a commercial relationship and implies consent for us to communicate with you regarding our services. We promise to only send you information deemed relevant to our commercial relationship and any email communication you may receive from us highlighting our services, special offers or promotions will include an opt out or unsubscribe feature.

2. WEBSITE USE INFORMATION

Similar to other commercial websites, our website utilises a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and web server log files to collect information about how our website is used. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at our website, and the websites visited just before and just after our website.

STORAGE OF COLLECTED INFORMATION

The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When credit card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete credit card details. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

ACCESS TO COLLECTED INFORMATION

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at team@onebook.nz. If you wish to deactivate your service, we will require 30 days notice in writing.

HOW DO WE USE THE INFORMATION THAT YOU PROVIDE TO US?

Broadly speaking, we use personal information for purposes of administering our business activities, provision of services, monitoring the use of services, marketing and promotional efforts, improvement of our content and service offerings, and customisation of our website’s content, layout, services and other lawful purposes. These activities improve our site and enable us to better tailor it to meet your needs. Furthermore, such information may be shared with others on an aggregate basis. Personally identifiable information or business information will not be shared with parties except as required by law. Occasionally, we may also use the information we collect to notify you about important changes to our website, new services, and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers.

WHAT ARE COOKIES?

A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Browsers are usually set to accept cookies. However, if you would prefer not to receive cookies, you may alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our site will not function as effectively when viewed by the users. A cookie cannot retrieve any other data from your hard drive or pass on computer viruses.

IP ADDRESSES

IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as traffic data so that data (such as the web pages you request) can be sent to you.

SHARING AND SELLING INFORMATION

We do not share, sell, lend or lease any of the information that uniquely identify a subscriber (such as email addresses or personal details) with anyone except to the extent it is necessary to process transactions or provide services that you have requested.

HOW CAN YOU ACCESS AND CORRECT YOUR INFORMATION?

You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing us at team@onebook.nz

WHAT ABOUT LEGALLY COMPELLED DISCLOSURE OF INFORMATION?

We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights. We may also disclose account information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Service or to protect the safety of our users and the Public.