1. APPLICATION OF TERMS
1.1 These Terms apply to your use of Safe Surfer (as that term is defined below). By clicking I agree:
1.2 If you do not agree to these Terms, you are not authorised to access and use Safe Surfer, and you must immediately stop doing so.
1.3 If the California Consumer Privacy Act of 2018 applies to your use of Safe Surfer, the addendum attached to these Terms forms part of these Terms.
2.1 We may change these Terms at any time by notifying you of the change by email or by posting a notice on the Website. Unless stated otherwise, any change takes effect from the date set out in the notice. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use Safe Surfer from the date on which the Terms are changed, you agree to be bound by the changed Terms.
2.2 These Terms were last updated on 11/09/2020.
In these Terms:
Confidential Information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of Safe Surfer. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the Safe Surfer Software. Your Confidential Information includes the Data.
Data means all data, content, and information (including personal information) owned, held, used, or created by you or on your behalf that is stored using, or inputted into, or collected through your use of Safe Surfer.
Documentation means the user and technical documentation designed to enable you to properly use and operate the Hardware including the description of the Hardware on the Websites, and includes any update of the documentation.
Force Majeure means an event that is beyond the reasonable control of a party, excluding:
Free Version means a version of Safe Surfer for which no Subscription Fees apply, including where Safe Surfer is accessed under a free trial, but excluding the Hardware Services.
Hardware means any hardware purchased by you from us.
Hardware Services means the Safe Surfer Web Services that assist you to configure and manage Hardware.
including and similar words do not imply any limit.
Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law, or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
Loss includes loss of profits, savings, revenue, or data (including Data), and any other claim, damage, loss, liability, and cost, including legal costs on a solicitor and own client basis.
a party includes that party’s permitted assigns.
Permitted Users means any person (e.g. your personnel, family members or household members) who have installed a Safe Surfer application on their device that is managed under your account or that you authorise to access and use Safe Surfer Web Services under your account or manage your Safe Surfer account on your behalf.
a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
personal information means information about an identifiable, living person.
personnel includes officers, employees, contractors, and agents, but a reference to your personnel does not include us.
Safe Surfer means the services and applications having the core functionality described on the Websites, as the Websites are updated from time to time, including the Safe Surfer Web Services, our DNS over HTTPS services, and our mobile and desktop apps.
Safe Surfer Software means the mobile and desktop applications and software owned by us (and our licensors) that is used to provide Safe Surfer.
Safe Surfer Web Services means the websites at my.safesurfer.io, mydevice.safesurfer.co.nz, and homenetwork.safesurfer.io, including all services accessible via those sites.
Sales Tax means sales tax, goods and services tax, value added tax, or equivalent tax payable under any applicable law.
Start Date means the date that you set up an account to use Safe Surfer or first access or use Safe Surfer, whichever is the earlier.
Subscription Fees means the applicable subscription fees set out on our pricing page on the Website at http://safesurfer.io/pricing/, my.safesurfer.io, or as agreed otherwise in writing between you and us, as may be updated from time to time in accordance with clause 6.6.
Subscription Version means a version of Safe Surfer for which Subscription Fees are payable.
Third Party Charges means any fees charged to you by third parties in relation to your transaction, including any taxes, duties, or other liabilities imposed by any governmental agency (including any customs duty), credit card transaction fees, and foreign currency conversion fees.
Underlying Systems means the Safe Surfer Software and the IT solutions, systems, and networks (including software and hardware) used to provide Safe Surfer Web Services, including any third party solutions, systems, and networks.
We, us, or our means Safe Surfer Limited, a New Zealand company, company number 6833516.
Websites means the internet sites at safesurfer.co.nz and safesurfer.io, including all subdomains or such other site notified to you by us.
Year means a 12-month period starting on the Start Date or the anniversary of that date.
You or your means you, or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
Words in the singular include the plural and vice versa.
A reference to a statute includes references to regulations, orders, or notices made under or in connection with the statute or regulations and all amendments, replacements, or other changes to any of them.
4. PROVISION OF SAFE SURFER
4.1 We must use reasonable efforts to provide Safe Surfer:
4.2 Our provision of Safe Surfer to you is non-exclusive. Nothing in these Terms prevents us from providing Safe Surfer to any other person.
4.3 We must use reasonable efforts to ensure Safe Surfer Web Services are available on a 24/7 basis. However, it is possible that on occasion Safe Surfer Web Services may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. We must use reasonable efforts to publish on the Website and/or notify you by email advance details of any unavailability.
5. FREE VERSION
5.1 Where we provide you Safe Surfer as a Free Version, then these Terms apply except to the extent varied in this clause 5.
5.2 The Free Version is provided to you on an as is basis, and, despite any other provision in these Terms, all conditions, warranties, guarantees and indemnities in relation to our provision of the Free Version to you are excluded to the fullest extent permitted by law.
5.3 No fees are payable for your access and use of the Free Version.
5.4 Despite any other provision in these Terms we may change or remove any feature or part of the Free Version at any time and for any reason without liability of any kind.
5.5 We may terminate your right to access and use the Free Version at any time with or without notice.
5.6 If you select a free trial period on setting up your account, and unless you cancel your account at the end of the applicable trial period, your subscription will automatically switch to a Subscription Version at the end of the trial period specified in the offer if you have provided us with your credit card information. If you have not provided us with your credit card information, your subscription will automatically switch to a Free Version.
6. SUBSCRIPTION FEES
6.1 This clause 6 applies if you have subscribed to the Subscription Version of Safe Surfer.
6.2 The Subscription Fees will be charged to your valid debit/credit card in advance of each monthly billing period.
6.3 Unless you cancel your right to use the Subscription Version prior to the end of the monthly billing period in accordance with clause 15.1a, at the end of each Subscription Period we will automatically roll over your subscription for a further month.
6.4 The Subscription Fees exclude Sales Tax, which you must pay in addition to the Fees (if applicable).
6.5 If we are unable to collect the Subscription Fees from your debit/credit card for any reason, including where your card has expired or there are insufficient funds, you remain responsible for any uncollected amounts and we may suspend or cancel your access to Safe Surfer without giving you notice.
6.6 We may increase the Subscription Fees with effect from the start of a monthly billing period by giving at least 30 days’ notice. If you do not wish to pay the increased Subscription Fees, you may terminate these Terms in accordance with clause 15.1a. If you do not terminate these Terms in accordance with clause 15.1a, you are deemed to have accepted the increased Subscription Fees.
7. HARDWARE AND HARDWARE SERVICES
7.1 This clause 7 applies if you purchase Hardware from us.
7.2 If you purchase Hardware, we will make the Hardware Services available to you at no additional charge. We may discontinue or terminate your rights to access and use the Hardware Services by giving not less than 6 months’ notice the Website and/or by email.
7.3 When you place an order for Hardware:
7.4 On placing an order for the Hardware, you must pay via a valid credit card:
7.5 We reserve the right to accept or reject your order in whole or in part, or to cancel any order that we have accepted in whole or in part at any time prior to shipment of the Hardware, for any reason, including where the Hardware is unavailable, there is an error in the price or the description of Hardware on the Website, or an error in your order, or if we have not received payment in full. If we cancel an order in whole or in part after we have accepted it, we will notify you of the cancellation by email and will refund your payment in accordance with clause 7.13 but will have no other obligations to you in respect of the order (or the cancelled part of the order, as applicable).
7.6 Any time stated for delivery is an estimate only. We are not liable to you or any other person for any failure to meet a stated time for delivery.
7.7 Risk in the Hardware passes to you when we deliver the Hardware to your designated delivery address in accordance with these Terms (whether or not you take delivery).
7.8 If the Hardware is lost or damaged in transit, please contact us at firstname.lastname@example.org. We will use this delivery information to make a claim against our courier company. We will offer you the choice of a replacement or a refund, once we have received confirmation from our courier company that delivery was not successful.
7.9 Title in the Hardware passes to you on the later of delivery and payment in full.
7.10 We will refund to you the amount that you have paid for the Hardware, excluding Third Party Charges, only:
We will remit any amounts payable by us to you by crediting the debit/credit card from which your payment was made.
7.11 To the extent permitted under applicable law, our warranties for Hardware are limited to the Hardware Warranty.
7.12 The Hardware Warranty does not apply to Hardware:
7.13 If the Hardware does not meet the Hardware Warranty, we will, at our cost and option, repair or replace (which may be with a reconditioned unit of like condition), or refund or offer to you a reduction in the price that you have paid to us for the Hardware.
7.14 Any repair, replacement, or refund under clause 7.13 is conditional on you returning the Hardware to us.
7.15 If you believe that the Hardware that does not meet the Hardware Warranty, please contact us at email@example.com.
7.16 We make no representation or warranty that the Hardware, your purchase of the Hardware, any use of the Hardware is legal or appropriate in all countries or that the Hardware is available for use in all countries. You are responsible for ensuring that your purchase, importation, and use of the Hardware is not illegal or prohibited, and for your own compliance with applicable local laws.
8. YOUR OBLIGATIONS
8.1 You must:
8.2 When accessing Safe Surfer Web Services, you and your Permitted Users must:
8.3 A breach of any of these Terms by a Permitted User is deemed to be a breach of these Terms by you.
9.1 You acknowledge that:
9.2 You must arrange all consents and approvals that are necessary for us to access the Data as described in clause 9.1.
9.3 You acknowledge and agree that:
9.4 You acknowledge and agree that to the extent Data contains personal information and that:
9.5 You agree that we may store Data (including any personal information) in secure servers in the United States of America, the Republic of China (Taiwan), Australia, and New Zealand, and may access that Data (including any personal information) in those countries and New Zealand from time to time.
10. iOS APPS
10.1 Where you download, install, or use the Safe Surfer mobile app for Apple mobile devices (iOS App), this clause 10 applies.
10.2 We and you acknowledge that:
10.3 Apple has no responsibility to address any claims you may have relating to the iOS App or Safe Surfer or your possession and use of the iOS App or Safe Surfer, including:
10.4 Without limiting clause 10.2, in the event of any failure of the iOS App or Safe Surfer to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the iOS App.
10.5 You must comply with applicable third party terms when using the iOS App and Safe Surfer (e.g. your wireless data service agreement).
10.6 You acknowledge and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist supporting country, and you are not listed on any U.S. Government list of prohibited or restricted parties.
10.7 We and you agree that Apple, and any Apple subsidiary, are third party beneficiaries of the terms in this clause 10 and that Apple has the right to enforce the terms in this clause 10 against you as a third party beneficiary.
11. INTELLECTUAL PROPERTY
11.1 Title to, and all Intellectual Property Rights in, Safe Surfer, the Websites and all Underlying Systems, and all Intellectual Property Rights in the Hardware, is and remains our property (and our licensors’ property). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
11.2 If you provide us with ideas, comments, or suggestions relating to Safe Surfer, the Hardware or the Underlying Systems (together feedback):
12.1 Each party must, unless it has the prior written consent of the other party:
12.2 The obligation of confidentiality in clause 12.1 does not apply to any disclosure or use of Confidential Information:
13.1 Each party warrants that it has full power and authority to enter into, and perform its obligations under, these Terms.
13.2 To the maximum extent permitted by law:
13.3 If you acquire, or hold yourself out as acquiring, Safe Surfer or the Hardware for the purpose of a business, you agree that:
13.4 Where legislation or rule of law implies into these Terms a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed to be included in these Terms. However, our liability for any breach of that condition or warranty is limited, at our option:
14.1 To the maximum extent permitted by law and except as set out in clause 7.11:
14.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of any consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability relating to Safe Surfer will be limited to one month’s Subscription Fees and our liability relating to the Hardware will be limited to the purchase price of the Hardware.
14.3 To the maximum extent permitted by law and only to the extent clauses 14.1 and 14.2 of these Terms do not apply:
14.4 Clauses 14.1 to 14.3 do not apply to limit:
14.5 Neither party will be responsible, liable, or held to be in breach of these Terms for any failure to perform its obligations under these Terms or otherwise, to the extent that the failure is caused by the other party failing to comply with its obligations under these Terms, or by the negligence or misconduct of the other party or its personnel or Permitted Users.
14.6 Each party must take reasonable steps to mitigate any loss or damage, cost, or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with these Terms, Safe Surfer, or the Hardware.
15. TERM, TERMINATION, AND SUSPENSION
15.1 Unless terminated under this clause 15.1, these Terms and your right to access and use Safe Surfer starts on the Start Date and continues:
15.2 Either party may, by notice to the other party, immediately terminate these Terms and your right to access and use Safe Surfer if the other party:
15.3 Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
15.4 No compensation is payable by us to you as a result of termination of these Terms for whatever reason, and you will not be entitled to a refund of any Subscription Fees that you have already paid.
15.5 Without limiting any other right or remedy available to us, we may restrict or suspend your access to and use of Safe Surfer and/or delete, edit or remove the relevant Data if we consider that you or any of your Permitted Users have:
16.1 Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure.
16.2 No person other than you and us has any right to a benefit under, or to enforce, these Terms.
16.3 For us to waive a right under these Terms, that waiver must be in writing and signed by us.
16.4 Subject to clause 9.4, we are your independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.
16.5 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications. You may give notice to us under or in connection with these Terms by emailing firstname.lastname@example.org.
16.6 These Terms, and any dispute relating to these Terms or Safe Surfer, 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 Courts of New Zealand in relation to any dispute connected with these Terms or Safe Surfer.
16.7 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 11, 12, 14, 15.3 to 15.4 and 16.6, continue in force.
16.8 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 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.
16.9 Subject to clauses 2.1 and 1.1, any variation to these Terms must be in writing and signed by both parties.
16.10 These Terms set out everything agreed by the parties relating to Safe Surfer, and supersede and cancel anything discussed, exchanged or agreed prior to the Start Date. The parties have not relied on any representation, warranty or agreement relating to Safe Surfer that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date.
16.11 You may not assign, novate, subcontract, or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.
1. This Addendum forms part of the terms if:
2. In this Addendum, CCPA Data means personal information that is:
3. Each party agrees to comply with the CCPA and its regulations, consistent with:
4. Whenever it is feasible and legal to do so, each party will give the other prompt notice of user rights requests, regulatory inquiries, and other communications under the CCPA according to the notice provisions of these Terms. Both parties agree to cooperate in good faith to respond to and honour such communications, and to meet any other applicable obligations under the CCPA.
5. We will not:
6. Each party agrees to limit its use of CCPA Data to that reasonably necessary and proportionate to achieve the purpose of the Terms, consistent with the meaning of business purpose under the CCPA.
7. We will ensure that each subcontractor that processes CCPA Data will also qualify as a service provider, and not as a third party, under the CCPA.
8. If the terms of this addendum conflict with the remainder of the Terms, the terms of this addendum will have precedence.