Terms & Conditions | The Good Source

Terms and Conditions

1. APPLICATION OF TERMS

1.1 These Terms apply to your use of The Good Source (as that term is defined below). By clicking I agree:

you agree to these Terms; and
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 Good Source, and you must immediately stop doing so.

2. CHANGES

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 The Good Source 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 15/11/2022.

3. INTERPRETATION

In these Terms:
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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 The Good Source. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the The Good Source Software. Your Confidential Information includes the Data.

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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 The Good Source.

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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.

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Force Majeure means an event that is beyond the reasonable control of a party, excluding:

an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; or
a lack of funds for any reason.

Hardware means any hardware purchased by you from us. Hardware Services means The Good Source Web Services that assist you to configure and manage Hardware.

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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.

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Permitted Users means any person (e.g. your personnel, family members or household members) who have installed The Good Source application on their device that is managed under your account or that you authorise to access and use The Good Source Web Services under your account or manage The Good Source account on your behalf.

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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.

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Personnel includes officers, employees, contractors, and agents, but a reference to your personnel does not include us.
The Good Source means the services and applications having the core functionality described on the Websites, as the Websites are updated from time to time, including the The Good Source Web Services, our DNS, our DNS over HTTPS services, and our mobile and desktop apps.

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The Good Source Software means the mobile and desktop applications and software owned by us (and our licensors) that is used to provide The Good Source either on the device or on the servers providing The Good Source internet.

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The Good Source Web Services means the websites at dashboard.thegoodsource.net, 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.

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Start Date means the date that you set up an account to use The Good Source or first access or use The Good Source, whichever is the earlier.
Subscription Fees means the applicable subscription fees set out on our pricing page on the Website at https://www.thegoodsource.net/#plans or as agreed otherwise in writing between you and us, as may be updated from time to time in accordance with clause 6.6.

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Subscription Version means a version of The Good Source for which Subscription Fees are payable.
Terms means these terms titled The Good Source terms of use, including if applicable, the CCPA Service Provider Addendum.
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 The Good Source Software and the IT solutions, systems, and networks (including software and hardware) used to provide The Good Source Web Services, including any third party solutions, systems, and networks.
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We, us, or our means Family ISP Ltd Trading as The Good Source, a New Zealand company, company number 8215676.
Websites means the internet sites at thegoodsource.net, including all subdomains or such other site notified to you by us.
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Year means a 12-month period starting on the Start Date or the anniversary of that date.
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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.
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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 The Good Source

4.1 We must use reasonable efforts to provide The Good Source:

in accordance with these Terms and applicable law;
exercising reasonable care, skill and diligence; and
using suitably skilled, experienced, and qualified personnel.

4.2 Our provision of The Good Source to you is non-exclusive. Nothing in these Terms prevents us from providing The Good Source to any other person.

4.3 We must use reasonable efforts to ensure The Good Source Web Services are available on a 24/7 basis. However, it is possible that on occasion The Good Source 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.

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6. SUBSCRIPTION FEES

6.1 This clause 6 applies if you have subscribed to the Subscription Version of The Good Source.

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 14.1a, 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 The Good Source 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 14.1a. If you do not terminate these Terms in accordance with clause 14.1a, 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:

you confirm that: (i) you are aged 18 years or over; (ii) you are legally entitled to purchase that Hardware; and (iii) you are bound by these Terms in relation to that order, subject to our acceptance of that order;
you are making an offer to buy the Hardware, and we are not bound by that order until we have accepted it;
our acceptance of your order occurs when we issue you a confirmation email of receipt of your order or ship the Hardware to you; and
you may not cancel or alter any order that we have accepted, in whole or in part, without our prior written consent.

7.4 On placing an order for the Hardware, you must pay via a valid credit card:

the price including shipping and handling charges for the Hardware stated on the Website;
Sales Tax (if applicable); and
any applicable Third Party Charges.

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 support@thegoodsource.net. 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:

if we have received payment from you for an order (or part of an order) that we do not accept or that we cancel;
as set out in clause 7.13; or
as required by applicable law.

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:

from which the serial number has been removed or defaced;
where the seals have been broken, tampered with or installed incorrectly (other than by us); or
that has become defective as a result of: (i) accident, misuse, abuse, damage cause by sand, dirt, water, liquid, impact or battery corrosion or other external causes; (ii) failure to follow the usage instructions for the Hardware in the Documentation (including by being operated outside the usage parameters stated in the Documentation); (iii) failure to follow the servicing guidelines for the Hardware in the Documentation; (iv) use with parts not manufactured or sold by us; or (v) modification or service by anyone other than us or our authorised service agents.

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 support@thegoodsource.net.

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:

use The Good Source and any Hardware in accordance with these Terms solely for: (i) your own personal or internal business purposes; and (ii) lawful purposes; and
not resell or make available The Good Source or any Hardware to any third party for commercial purposes, or otherwise commercially exploit The Good Source.

8.2 When accessing The Good Source Web Services, you and your Permitted Users must:

not impersonate another person or misrepresent authorisation to act on behalf of others or us;
correctly identify the sender of all electronic transmissions;
not attempt to undermine the security or integrity of the Underlying Systems;
not use, or misuse, the The Good Source Web Services in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the The Good Source Web Services; and
not attempt to view, access, or copy any material or data other than: (i) that which you are authorised to access; and (ii) to the extent necessary for you to use The Good Source Web Services in accordance with these Terms.

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. DATA

9.1 You acknowledge that:

we may require access to the Data to exercise our rights and perform our obligations under these Terms; and
to the extent that this is necessary but subject to clause 11, we may authorise a member or members of our personnel to access the Data for this purpose.

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:

we may: (i) use Data and information about your and your Permitted Users’ use of The Good Source to generate anonymised and aggregated statistical and analytical data (Analytical Data); and (ii) use Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights;
our rights under clause 9.3a above will survive termination of expiry of the Agreement; and
title to, and all Intellectual Property Rights in, Analytical Data is and remains our property.

9.4 You acknowledge and agree that to the extent Data contains personal information and that:

we will comply with our privacy policy at http://thegoodsource.net/privacy-policy; and
in collecting, holding, and processing that information through The Good Source, we are acting as your agent for the purposes of the New Zealand Privacy Act 2020 (Act) and as an agent, service provider, or data processor (as applicable) under any other applicable privacy law. You must obtain all necessary consents from the relevant individual to enable us to collect, use, hold, and process that information in accordance with these Terms;
if you enable, cause, or allow any child under the age of 16 to use The Good Source, you consent to our collection of personal information from that child in accordance with our privacy policy or if you cannot provide such consent, you agree to provide us with verifiable parental consent before you allow or enable such child to use The Good Source.

9.5 You agree that we may store Data (including any personal information) in secure servers in the United States of America, Australia, and New Zealand, and may access that Data (including any personal information) in those countries and New Zealand from time to time.

10. INTELLECTUAL PROPERTY

10.1 Title to, and all Intellectual Property Rights in, The Good Source, 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.

10.2 If you provide us with ideas, comments, or suggestions relating to The Good Source, the Hardware or the Underlying Systems (together feedback):

all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
we may use or disclose the feedback for any purpose.

11. CONFIDENTIALITY

11.1 Each party must, unless it has the prior written consent of the other party:

keep confidential at all times the Confidential Information of the other party;
effect and maintain adequate security measures to safeguard the other party’s Confidential Information from unauthorised access or use; and
disclose the other party’s Confidential Information to its personnel or professional advisors on a need to know basis only and, in that case, ensure that any personnel or professional advisor to whom it discloses the other party’s Confidential Information is aware of, and complies with, clauses 11.1a and 11.1b.

11.2 The obligation of confidentiality in clause 11.1 does not apply to any disclosure or use of Confidential Information:

for the purpose of performing a party’s obligations, or exercising a party’s rights, under these Terms;
required by law (including under the rules of any stock exchange);
which is publicly available through no fault of the recipient of the Confidential Information or its personnel;
which was rightfully received by a party from a third party without restriction and without breach of any obligation of confidentiality; or
by us if required as part of a bona fide sale of our business (assets or shares, whether in whole or in part) to a third party, provided that we enter into a confidentiality agreement with the third party on terms no less restrictive than this clause 11.

12. WARRANTIES

12.1 Each party warrants that it has full power and authority to enter into, and perform its obligations under, these Terms.

12.2 To the maximum extent permitted by law:

our warranties are limited to those set out in these Terms, and all other conditions, guarantees, or warranties, whether expressed or implied by statute or otherwise (including any warranty of merchantability or fitness for purpose), are expressly excluded; and
we make no representation concerning the quality of The Good Source or the Hardware and do not promise that The Good Source or the Hardware will: (i) meet your requirements or be suitable for a particular purpose; or (ii) be secure, free of viruses or other harmful code, uninterrupted or error free.

12.3 If you acquire, or hold yourself out as acquiring, The Good Source or the Hardware for the purpose of a business, you agree that:

to the maximum extent permissible by law, no consumer protection laws apply to the supply of The Good Source or the Hardware; and
it is fair and reasonable that the parties are bound by this clause 12.3.

12.4 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:

for The Good Source, to: (i) supplying The Good Source again; (ii) paying the costs of having The Good Source supplied again; and/or (iii) refunding the applicable Subscription Fees; and
for Hardware, the remedies set out in clause 7.13.

13. LIABILITY

13.1 To the maximum extent permitted by law and except as set out in clause 7.11:

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

13.2 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 The Good Source 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.

13.3 To the maximum extent permitted by law and only to the extent clauses 13.1 and 13.2 of these Terms do not apply:

our total liability to you in connection with these Terms, The Good Source and the Hardware will not exceed one month’s Subscription Fees plus, if you have purchased Hardware, the purchase price of the Hardware; and
we will not be liable to you under or in connection with these Terms, The Good Source or the Hardware for any (i) loss of profit, revenue, savings, business, data and/or goodwill; or (ii) consequential, indirect, incidental or special damage or loss of any kind.

13.4 Clauses 13.1 to 13.3 do not apply to limit:

our liability under or in connection with these Terms: (i) for personal injury or death; (ii) for fraud or wilful misconduct; or (iii) for breach of clause 12; or
any liability that cannot be excluded by law.

13.5 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.

13.6 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, The Good Source, or the Hardware.

14. TERM, TERMINATION, AND SUSPENSION

14.1 Unless terminated under this clause 14.1, these Terms and your right to access and use The Good Source starts on the Start Date and continues:

for the Free Version, until: (i) you cancel your subscription to the Free Version; or (ii) we terminate your access to the Free Version under clause 5.5;
for the Subscription Version, for successive monthly billing periods until a party gives at least 10 days’ notice that these Terms and your access to and use of The Good Source will terminate at the end of the then-current monthly billing period; and
for the Hardware Services, until: (i) you cancel your account for the Hardware Services; or (ii) we discontinue or terminate your rights to access and use the Hardware Services under clause 7.2.

14.2 Either party may, by notice to the other party, immediately terminate these Terms and your right to access and use The Good Source if the other party:

breaches any material provision of these Terms and the breach is not: (i) remedied within 10 days of the receipt of a notice from the first party requiring it to remedy the breach; or (ii) capable of being remedied; or
becomes insolvent, liquidated or bankrupt, has an administrator, receiver, liquidator, statutory manager, mortgagee’s or chargee’s agent appointed, becomes subject to any form of insolvency action or external administration, or ceases to continue business for any reason.

14.3 Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.

14.4 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.

14.5 Without limiting any other right or remedy available to us, we may restrict or suspend your access to and use of The Good Source and/or delete, edit or remove the relevant Data if we consider that you or any of your Permitted Users have:

undermined, or attempted to undermine, the security or integrity of The Good Source or any Underlying Systems;
used, or attempted to use, The Good Source: (i) for improper purposes; or (ii) in a manner, other than for normal operational purposes, that materially reduces the operational performance of The Good Source; or
otherwise materially breached these Terms.

15. GENERAL

15.1 Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure.

15.2 No person other than you and us has any right to a benefit under, or to enforce, these Terms.

15.3 For us to waive a right under these Terms, that waiver must be in writing and signed by us.

15.4 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.

15.5 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 support@thegoodsource.net.

15.6 These Terms, and any dispute relating to these Terms or The Good Source, 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 The Good Source.

15.7 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 10, 11, 13, 14.3 to 14.4 and 15.6, continue in force.

15.8 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.

15.9 Subject to clauses 2.1 and 1.1, any variation to these Terms must be in writing and signed by both parties.

15.10 These Terms set out everything agreed by the parties relating to The Good Source, 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 The Good Source that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date.

15.11 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.

TERMS OF USE

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Family ISP Ltd, doing business as The Good Source ("The Good Source," “we," “us," or “our”), concerning your access to and use of the thegoodsource.net website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in New Zealand and have our registered office in Tauranga, Bay of Plenty, 3110. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

By using our website, you hereby consent to our Privacy Policy and agree to its terms.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Use the Site to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.

USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITE AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: thegoodsource.net/privacy-policy.
By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in New Zealand. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in New Zealand, then through your continued use of the Site, you are transferring your data to New Zealand, and you agree to have your data transferred to and processed in New Zealand.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms shall be governed by and defined following the laws of New Zealand. Family ISP Ltd and yourself irrevocably consent that the courts of New Zealand shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

DISPUTE RESOLUTION

Informal Negotiations

‍To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

‍Binding Arbitration

‍Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, of arbitration shall be any city, New Zealand. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of New Zealand.

‍Restrictions

‍The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

‍Exceptions to Informal Negotiations and Arbitration

‍The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Family ISP Ltd
Tauranga, Bay of Plenty 3110
New Zealand
info@thegoodsource.net