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TERMS OF USE

1. Scope

1.1 Silverleaf Limited ("Silverleaf''") provides software services, products and related tools and services for use by businesses or by general public.

1.2 If you install Silverleaf'''s applications ("Apps''"), or use this website ("Site''"), or the products and services offered by Silverleaf ("Services''"), you are agreeing to be bound by these terms of use ("Terms''").

1.3 If you do not agree to these Terms, please do not install the Apps or use the Services or Site.

1.4 Silverleaf reserves the right to change these Terms at any time by posting the changes on this Site or by otherwise notifying you. We recommend that you periodically check this Site for changes. Any changes will become effective immediately they are posted on this Site or otherwise notified to you. If you do not agree to the amended Terms, you must stop installing the Apps or using the Services or Site. You will still be liable for any charges incurred before termination.

1.5 If you use this Site or the Services or install the Apps as a business customer, then the provisions of the Consumer Guarantees Act 1993 will not apply.


2. Services

2.1 This Site contains specific information and software and documents for viewing or downloading. Silverleaf may stop the operation of the Site in full or in part and either temporarily or permanently at any time. Silverleaf will not be liable for any damages or loss caused by such stopping of operations.

3. Registration and Passwords

3.1 Some pages of this Site may be restricted or password protected. Only registered users may access those pages. Silverleaf reserves the right to deny registration to you or to withdraw your registration. Without limitation, Silverleaf may do so if you;

  • Use incorrect or misleading information when registering;
  • Breach these Terms;
  • Breach any applicable laws in using this Site;
  • Do not use this Site or the Services for a prolonged period.

 
3.2 When registering, you must provide accurate, current, and complete information, and if that information changes after registration, you must provide Silverleaf with updated information, on line if possible. If you are registering on behalf of a company, you warrant to Silverleaf that you have that company'''s authority to register and to enter into the resulting contract on its''' behalf. In that case, the word "you''" when used in this Site will be deemed to include the company.

3.3 Upon registration, you will be given an access code and password ("User Data''"). On first access, you must change the password to a password known only to you. You must not disclose your User Data to third parties, and you are liable for any transactions and other activities carried out using the User Data.

3.4 At the end of each on line session, you must log off from all password protected parts of this Site.

3.5 If you become aware that third parties are misusing the User Data, you must immediately notify Silverleaf in writing of the details of the misuse. Silverleaf may immediately deny access to the password protected areas of this Site if it becomes aware of any misuse of the data, and access by you will only become possible again on application to Silverleaf or upon new registration.
 
3.6 You may at any time request in writing termination of your registration. On receipt of a request, Silverleaf will remove all User Data and other stored personal information about you as soon as they are no longer needed.

4. Right to use information, Services and Apps

4.1 Silverleaf grants you a limited non-exclusive and non-transferable licence to use the Apps and to access the Services in accordance with these Terms and the instructions and guidelines posted on this Site, as updated by Silverleaf from time to time.

4.2 Silverleaf reserves the right to terminate your licence to use the Apps and Services at any time and for any reason.

4.3 You are only entitled to use the Services within your own business, and not for the benefit of a third party. You may not distribute, lease, or otherwise make available the Services or Apps to any third party. You may not sublicense the use of the Apps or Services.

4.4 You must not modify the Services or Apps, nor disassemble, reverse engineer, or decompile the software or any part of it, nor attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or in the Services. 

4.5 Except as permitted by these Terms, you must not modify, publish, transmit, replicate, transfer, sell, display, or create derivative works based on, any of the contents of this Site, the Apps, Services or other Silverleaf products.

4.6 You may make one back up copy of the software where necessary to secure it for further use by you in accordance with these Terms.

4.7 You are not entitled to receive any copy of the software, code, data or documentation related to the Services or Apps.

4.8 You must not use the Silverleaf products to send unsolicited electronic messages in breach of any applicable law, including without limitation the Unsolicited Electronic Messages Act 2007, or to transmit illegal or prohibited content.

4.9 You must not remove any proprietary marks or labels from the Services or Apps, or from any software used in the Services or Apps.

4.10 Silverleaf reserves the right to terminate or suspend your access to or right to use the Apps or Services if Silverleaf considers that your use of those Apps or Services is for any reason compromises or causes, or is likely to compromise or cause, legal or operating issues to Silverleaf or Silverleaf'''s systems

5. Intellectual Property

5.1 Silverleaf'''s name, logo and design are the property of Silverleaf and may not be used without Silverleaf'''s express permission, other than for attribution.

5.2 All content included on this Site, such as text, graphics, logos, software and the compilation of all content on the Site, is the property of Silverleaf and its''' affiliates and licensors and are protected by New Zealand and international copyright laws, treaties, and other laws and conventions related to intellectual property and copyright. You must observe all such laws.

5.3 Except as set out in these Terms, the reproduction of any content is not permitted without written permission from Silverleaf.

6. Fees

6.1 If you use the Apps or Services, you must pay Silverleaf a subscription fee in accordance with the attached fees schedule. Silverleaf retains the right to alter the fees charged at any time, and to charge the subscription fee as either as a monthly or an annual fee, and to alter any discounts offered, but any changes will not apply to services or products that you have already ordered.

6.2 If you use any other offerings or services, you must pay Silverleaf the fee for the offering or service which you use as set out in the attached fees schedule.

6.3 You are responsible for reviewing the fees schedule periodically so that you are aware of the fees charged, and any changes in the fees charged, and any discounts that may apply.

6.4 Payment of fees is to be made by a valid credit card accepted by Silverleaf. If you have previously provided Silverleaf with your credit card details, then you authorise Silverleaf to charge your credit card for any payments owing by you. The name that will appear on your statement will be ListBoom.

6.5 If for any reason Silverleaf is unable to charge payments to your credit card, your account will be disabled until payment is received.

6.6 No refunds are available.

7. Your Duties

7.1 In accessing the Site or using the Services or Apps, you must not:
 

  • Harm other persons or infringe their personal rights;
  • Breach any intellectual property rights or any other proprietary rights;
  • Upload or introduce any content containing any malicious software or malicious computer programme, a computer virus, a computer worm, a so-called Trojan Horse, or any other program which could damage data;
  • Transmit, store, or upload hyperlinks or contents to which you are not entitled, particularly where such hyperlinks or contents are in breach of confidentiality agreements or are unlawful;
  • Distribute advertising or unsolicited e mails (commonly referred to as "spam") or inaccurate warnings of viruses, defects, or similar material, and you must not solicit or request participation in any lottery, financial scheme, pyramid scheme, chain letter, or similar activity;
  • Transmit any e mails using the Apps or other Silverleaf products unless you have the prior written consent of the recipient of those e mails.

 
7.2 By registering, you authorise Silverleaf to remotely access your systems from time to time to assist and remedy issues that may arise in your use of the Apps or Services. You hereby waive any claim for damages or loss that may arise from such remote access.

7.3 You shall indemnify Silverleaf against any losses, costs (including solicitor and client costs), expenses, demands or liability, whether direct, indirect, consequential, or otherwise, and whether arising in contract, tort (including in each case negligence), or equity or otherwise, incurred by Silverleaf and arising out of any breach of your duties.

8. Prohibited Users

8.1 Silverleaf prohibits the use of the Services, the Apps and Site by any person or entity that:
 

  • Produces, sells, displays or distributes any product, material or content that is pornographic, illegal, or is terrorist related, including by way of example and without limitation, pornographic videos, software and magazines, illegal drugs, pirated films music and computer material, or instructions on how to make explosive devices or weapons;
  • Produces, displays or distributes material that is grossly offensive, racist, or denigrates or promotes hatred of any religion or group, or which contains excessive profanity, or is excessively violent, or otherwise contains objectionable content;
  • Posts or discloses any information which contains any personal information about children, or displays or markets material that exploits children;
  • Promotes, solicits , or participates in any business model commonly known as a pyramid scheme or in any multi-level channel and/or network marketing business;
  • Engages in any libellous, defamatory, threatening or harassing activity;
  • Provides content, including images, of authors, artists, photographers or other individuals without the express written consent of the content owner;
  • Displays or distributes any content that advocates, promotes, or otherwise encourages violence against any governments, organisations, groups or individuals, or which provides instruction, information, or assistance in causing or carrying out such violence;
  • Is a minor, or otherwise not legally able to enter into a binding contract.

 
9. No warranty and limitation of liability

9.1 Subject to the terms of the Consumer Guarantees Act 1993, Silverleaf provides the Site, Apps and Services without any warranty, whether express or implied by statute. 

9.2 Any liability of Silverleaf for defects as to quality or title of the Apps and Services and other information, software and documents, including in relation to the correctness or absence of defects or the absence of claims or third part rights or in relation to completeness and/or fitness for purpose, are excluded unless required by law, except for cases involving wilful misconduct or fraud.

9.3 You understand and agree that you use this Site, Apps and Services at your own discretion and also that you will be solely responsible for any indemnities that arise from such use.

9.4 Under no circumstances shall Silverleaf be liable for any direct, indirect, incidental, consequential, punitive damages of any kind, or any other damages whatsoever or howsoever arising, including (without limitation) damages related to the use, misuse, reliance on , and the ability to use, any interruption, suspension or termination of this Site, Apps, Services, or damages incurred through any links provided on the Site, or the non-performance thereof, or any damages resulting from loss of use, sales, data, good will or profits, whether or not Silverleaf has been advised of such possibilities.

9.5 Silverleaf will endeavour to keep the Site free from computer viruses, but cannot guarantee that it will be virus-free. You must, for your own protection, take any necessary steps to use appropriate security measures and must use a virus scanner before downloading any Apps, information, software or documents.

9.6 This Site may contain hyperlinks to the web pages of third parties. Silverleaf makes no representations about those web pages and does not endorse such web pages or their contents. Silverleaf does not control the contents of those pages and has no liability for the contents of such web pages and is not responsible for the information or contents of them. Your use of such web pages shall be at your sole risk.

9.7 One of the Apps comprises an e mail template that is populated by you, and includes a system that generates e mails to your customers. Silverleaf does not warrant that those e mails will be sent, or will be able to be downloaded by the intended recipients so as to generate a read receipt, or will not be sent to the intended recipient'''s junk e mail folder. Silverleaf will not be liable for any for any direct, indirect, incidental, consequential, punitive damages of any kind if any of those circumstances occur.

10. Other

10.1 Silverleaf is entitled, but not obligated, to monitor or record any of your telephone conversations with Silverleaf for the purposes of quality control, training its''' employees, or for its''' own protection. Not all telephone conversations may be recorded, and recordings of any particular telephone conversations may not necessarily be recorded or the recordings retained.

10.2 In no case shall any reference to any third party or to the products or services of any third party be construed as an endorsement by Silverleaf of that third party or any product or service provided by that third party.

10.3 Silverleaf and you are independent entities, and nothing in these terms or the use of this Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relation between Silverleaf and you.

10.4 These Terms supersede any previous agreement and represent the entire agreement between Silverleaf and you.

10.5 These Terms are governed by the laws of New Zealand without reference to conflict of laws principles.

10.6 If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation and full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provisions of the Terms shall be severed accordingly.

10.7 Any notices or communications must be sent to Silverleaf in English at support@listboom.com
 
10.8 Service will be available upon sign up and email verification. Ongoing access will be available through login with user name and password.

 

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