Terms + Privacy

Terms of Service

1.1 These Terms apply to your use of the Website. By accessing and using the Website:

a you agree to these Terms; and

b where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

2.1 - We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.

2.2 - These Terms were last updated on 28/06/2022 

2.3 - If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

In these terms:
In these Terms:

- Including and similar words do not imply any limit
- Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
- Terms means these terms and conditions titled Website Terms of Use
- Underlying System means any network, system, software, data or material that underlies or is connected to the Website
- We, us or our means Notebook and its respective employees
- Website means www.notebook.faradayhq.com 
- You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

4.2 If you are given a User ID, you must keep your User ID secure and:

a not permit any other person to use your User ID, including not disclosing or providing it to any other person; and

b immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to support@faradayhq.com 

4.3 You Must:

a not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and

b unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

4.3 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to support@faradayhq.com 

4.4 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

Intellectual Property

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

Disclaimers

6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

a the Website being unavailable (in whole or in part) or performing slowly;

b any error in, or omission from, any information made available through the Website;

c any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and

d any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

6.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

7.1 To the maximum extent permitted by law:

a you access and use the Website at your own risk; and

b we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.

7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.

Privacy (Notebook)

Notebook (we, us, our) complies with the New Zealand Privacy Act 2020 (the Act) when dealing with personal information. Personal information is information about an identifiable individual (a natural person).

This policy sets out how we will collect, use, disclose and protect your personal information.

This policy does not limit or exclude any of your rights under the Act. If you wish to seek further information on the Act, see privacy.org.nz

We may change this policy by uploading a revised policy onto the website. The change will apply from the date that we upload the revised policy.

This policy was last updated on 28/06/2022.

Who do we Collect your Personal Information From?
We do not collect personal information about you when using our app, but we may collect information from:

▲ you, when you provide that personal information to us, including via the website and any related service (like Instagram DM, email, buymeacoffee), through any contact with us (e.g. telephone call or email), or when you buy or use our services and products. Notebook the App does not ask for, collect, use, or distribute any of your personal information.

▲ third parties where you have authorised this or the information is publicly available.

If possible, we will collect personal information from you directly. 

How do we use your Personal Information?
We will use your personal information (when you provide that information):

- To verify your identity
- To provide services and products to you
- To market our services and products to you, including contacting you electronically (e.g. by email for this purpose)
- To improve the services and products that we provide to you
- To bill you and to collect money that you owe us, including authorising and processing credit card transactions
- To respond to communications from you, including a complaint
- To conduct research and statistical analysis (on an anonymised basis)
- To protect and/or enforce our legal rights and interests, including defending any claim for any other purpose authorised by you or the Act.

Who may we disclose your personal information to?
We may disclose your personal information to: 

▲ Another company within our group
▲ A person who can require us to supply your personal information (e.g. a regulatory authority)
▲ Any other person authorised by the Act or another law (e.g. a law enforcement agency)
▲ Any other person authorised by you.

A business that supports our services and products may be located outside New Zealand. This may mean your personal information is held and processed outside New Zealand.

Protecting your Personal Information

We will take reasonable steps to keep your personal information safe from loss, unauthorised activity, or other misuse.

Accessing and Correcting Your Personal Information

Subject to certain grounds for refusal set out in the Act, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information. Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.

In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.

If you want to exercise either of the above rights, email us at support@faradayhq.com. Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information, or the correction, that you are requesting).

We may charge you our reasonable costs of providing to you copies of your personal information or correcting that information. 

While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.

If you follow a link on our website to another site, the owner of that site will have its own privacy policy relating to your personal information. We suggest you review that site’s privacy policy before you provide personal information.

Cookies
 
We use cookies (an alphanumeric identifier that we transfer to your computer’s hard drive so that we can recognise your browser) to monitor your use of the website. You may disable cookies by changing the settings on your browser, although this may mean that you cannot use all of the features  of the website. Our App, Notebook does not use cookies.

CONTACTING US
If you have any questions about this privacy policy, our privacy practices, or if you would like to request access to, or correction of, your personal information, you can contact us at support@faradayhq.com