Last updated: 6th November 2011
Thanks for subscribing with us!
Just so that we can ensure optimal functionality of the subscription service, protect you, our other EntertainMe users and our suppliers, we do need to share some important information with you about subscribing to emails with EntertainMe.
- Subscriptions to receive EntertainMe email notifications, email newsletters and to Our Website are free.
- To subscribe to EntertainMe email notifications, email newsletters and Our Website, you need to provide a valid email address. This cannot include a generic email address such as "email@example.com" or "firstname.lastname@example.org", as our systems will not recognise you and you will miss out on the notifications or newsletters.
- Depending on your email reader, you may need to expressly allow the images to be displayed in order to view the full email content.
- By registering and subscribing to Our Website, you:
- Agree to these Subscriber Terms;
- Agree to keep your email address up to date, current and accurate;
- Agree you will only create one account for your personal use;
- Confirm that you are an individual person at least 18 years of age;
- Confirm that you will not share your subscription although you can recommend others to subscribe too;
- Agree to receive email communications from us about Deals or Promotions including those advertised on Our Website and relevant email updates about your account or subscription such as changes to these Terms; and
- May share EntertainMe specific promotions under the rules EntertainMe General Terms & Conditions. When sharing, redistributing or publication of copyright material is permitted, you agree to make no changes in or deletion of any content, author attribution, trademark legend or copyright notice.
- Your subscription will not expire but you can opt-out of receiving email communications from us at any time by clicking the unsubscribe link in the email.
- You or we may terminate this agreement at any time. Without limiting the foregoing, we have the right to immediately terminate any subscriptions in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of a failure by you to comply with any of these Subscriber Terms or other Website Terms.
- You agree that we may disclose your personal information (including but not limited to your name and contact details) to the relevant authorities, any internet service provider that you use to access Our Website, and/or the applicable intellectual property rights holders (or their representatives) if we consider you are infringing the intellectual property rights of any person. We may also disclose any information we consider in our absolute discretion we are required to in order to satisfy any applicable law, regulation, legal process or government request.
- EntertainMe reserves the right to change, alter or modify these Subscriber Terms at any time provided we inform you of this through an email or notification on Our Website.
- These Subscriber Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.
Last updated: 2nd April 2012
The following lays out the Terms & Conditions for EntertainMe Facebook and Website general competitions and giveaways (“Competitions”).
Entry to the Competition is deemed as acceptance of the following terms and conditions.
EntertainMe Limited is the promoter of its Competition(s) (the “Promoter”) and may conduct its Competition(s) with one or more promotion partner(s).
EntertainMe is based at 93 Dominion Rd, Mt Eden, Auckland, New Zealand.
EntertainMe’s Competition(s) are not in any way sponsored, endorsed, administered by, or associated with Facebook.
Any person who registers with an EntertainMe Competition agrees to release Facebook from any and all claims and demand arising out of or in connection with your participation in this Competition or with any of the prizes offered. FACEBOOK is a trade mark of Facebook, Inc.
How to Enter the General Competition(s):
- All participants must select the Competition they wish to enter by marking the box and registering with the EntertainMe Facebook registration page.
- Entrants can only enter each Competition a single time but can blog about it through social media as many times as they wish.
- Entry is only open to entrants who have completed the Competition registration information and who are NZ residents aged 18 years or older.
- The winner of the prize (the “Winner”) will be announced on the EntertainMe Facebook page and, depending on the Competition, the EntertainMe email newsletter, website or the website or newsletters of its partner(s).
- Unless otherwise notified or arranged the Winner will need to pick up the prize at EntertainMe, Suite 1, Level 1, 93 Dominion Road, Mt Eden, Auckland 1024, New Zealand.
- Where specifically arranged, shipments of a prize sent offsite will be sent to the address provided by the Winner.
- The promoter and the partner will not be responsible for any damage, loss or issues whatsoever linked to the shipping, the provision of an incorrect shipping address and what may happen after reception of the prize.
All entrants agree to receive EntertainMe emails, promotional information and or Facebook notifications.
Winning a prize (The “Prize”):
- The Promoter will select the Winner by random draw from all eligible entries submitted through the Competition registration page on the date specified in the Competition registration page.
- The Promoter’s determination of the Winner will be final and no correspondence will be entered into.
- The Winner will be contacted by EntertainMe to arrange pick up or shipping.
- Where attempts to contact the Winner fail (E.g., when the Winner cannot be contacted by phone after three attempts or mail sent is returned) the Judge will select another Winner. If, after successful notification, the Winner does not confirm pick up or shipping details within 7 working days, the Prize will be regarded as forfeit. (Note: 3 attempts to contact will include individual calls to any numbers provided at the time of entry.) If, despite successful notification and confirmation of pick up details, the Prize remains unclaimed for three weeks, the Prize will be regarded as forfeit.
- The Promoter is not responsible for loss or damage of a Prize through shipping and assumes no responsibility for any injury, damage or losses to participants or any other person resulting from this Competition or the Prize.
- Prize components cannot be transferred or exchanged and must be redeemed as a whole package.
- The Prize, or any unused portion of the Prize, is not transferable or exchangeable and cannot be taken as cash. The Prize cannot be used in conjunction with any other discounts or special offers.
- The Winner takes the Prize entirely at his/her own risk and indemnifies the Promoter or its partner(s) in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the Prize.
- EntertainMe and its partner(s) reserve the right to amend, vary, extend or discontinue a Promotion or Competition at any stage, for any reason.
- EntertainMe or its partner(s) take no responsibility for any inability to enter, complete, continue or conclude the Promotion or Competition due to equipment or technical malfunction, network errors, busy lines, inadvertent disconnection, Acts of God or otherwise.
- To the fullest extent permitted by law the Promoter and its partner(s) will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for personal injury as a result of Promotion entry or winning the Promotion prize.
- Where the prize is to be supplied by an entity outside EntertainMe’s control, and that entity fails, for whatever reason, to supply the prize, EntertainMe has no responsibility for the provision of the prize and is not obliged to provide an alternative prize or to take legal action to require the prize supplier to provide the prize.
- Participation in a Promotion or Competition is deemed acceptance of these Terms and Conditions.
Last updated: 6th November 2011
Thanks for visiting and hanging out with us at www.entertainme.co.nz (Our Website). We are glad you are here!
Thanks too for checking out all these legal documents. We know they can seem long and wordy, but so that we can protect you, all our other EntertainMe users and our suppliers, we do need to share some important legal information with you. Bear with us – it’s worth it!
In this section, we explain the following Terms & Conditions:
- Acceptance of Terms and Conditions
By using or visiting Our Website, you must agree to our Terms & Conditions. This includes:
- These General Terms and Conditions;
- The Subscriber Terms.
These four Terms and Conditions are hereby referred to collectively as the Terms of Service. Please read these Terms carefully. If you do not accept these Terms, please do not use Our Website.
Although we may attempt to notify you via email when major changes are made to the Terms of Service, you should periodically review the most up-to-date version at Our Website.
By using Our Website, it means you accept these General Terms and Conditions. EntertainMe Limited reserves the right to amend these Terms at its discretion.
The following items are agreed in these Supplier Terms & Conditions:
- "Content" means any software, data, information, pictures, graphics and other materials published or made available on Our Website, including Third Party and User Generated Content;
- “Coupon” means coupons that allow Registered Users (or their nominees) to be identified as purchasers of the Supplier's goods or services in a Confirmed Deal or Promotion. The Coupon includes the contact details of the Supplier, a description of the Confirmed Deal or Promotion, the Expiry Date, a unique code identifying the Registered User, the Confirmed Deal or Promotion, and the Specific Fine Print. These Coupons are also referred to as “Boarding Pass”;
- “Deal or Promotion” means a Deal or Promotion offered by the Supplier to Registered Users and advertised on Our Website, whereby the Supplier's goods and/or services will be sold at a discounted rate if the relevant Deal or Promotion Criteria are met, as set out in the Supplier Agreement;
- "Discussion Board" means an online forum where information can be viewed and shared by Registrants through facilities available on Our Website;
- “Expiry Date” means the expiry date of the relevant Coupon, as specified in the Deal or Promotion Criteria set out in the Supplier Agreement and to be displayed on the coupon;
- "Goods" means any goods that are offered by a Supplier;
- "Redemption Level" means the minimum number of Registered Users that are required to have made an offer to buy Goods or Services before a Deal or Promotion can be confirmed and a Coupon can be redeemed;
- "Services" means any services that are offered by a Supplier;
- “Social Media” means email, instant messaging, social networking sites, Internet forums, weblogs, social blogs, wikis, podcasts and/or content communities;
- “Social Media Promotions” means any Deal or Promotion information including text, photographs, pictures, video or sound distributed via email, instant messaging, social networking sites, Internet forums, weblogs, social blogs, wikis, podcasts and/or content communities;
- “Specific Fine Print” means the specific terms and conditions applicable to the Confirmed Deal or Promotion as set out by the Supplier and displayed on Coupons;
- "Subscriber" means a user that has signed up to receive email communications about Deals or Promotions;
- "Supplier" means any participating seller, vendor, trader or dealer that has agreed to make Goods or Services available to Registered Users at a discounted rate;
- “Third Party Content” means any Content transmitted or posted on Our Website by Third Party Users;
- "User" means any user of Our Website;
- “User Generated Content” means Content that is created, contributed and distributed by Users of Our Website;
- "We", "Us" and "Our" are a reference to EntertainMe Ltd;
- “Working Day” means a day other than Saturday, Sunday or a public holiday.
- Operation of Our Website
EntertainMe operates an online purchasing and social media promotions service through Our Website and through Social Media. Our Website and Social Media channels provide the Supplier with a channel to promote its goods or services to Registered Users.
This service consists of us identifying Suppliers who are willing to offer discounted prices for goods or services or specific promotions if certain volumes of goods or services are purchased.
We work with the Suppliers to agree on a promotion and a price, which may be linked to volume, that we think will appeal to Subscribers and Registrants. We then promote these Deals or Promotions to our Subscribers and Registered Users. If a Deal or Promotion is confirmed, we then co-ordinate the collection of money for the Suppliers and issue Coupons, which can be exchanged for the Goods or Services, to Registrants who have offered to purchase the Goods or Services. Our Website is a tool through which we deliver this service.
- Website Content
EntertainMe is a distributor and publisher of Third Party Content supplied by third parties including Suppliers and other Users of Our Website.
As a result,
- We take no responsibility for the Third Party Content or for any inaccuracy or omission contained in it.
- We do not control and therefore are not responsible for any communication between you and any other user of Our Website (including Suppliers) that may have resulted from the use of Our Website.
- We do not endorse, warrant or make any representation about any Third Party Content transmitted via or posted on Our Website and we expressly disclaim any and all liability in connection with Third Party Content.
- You acknowledge that we have not independently verified any of the information contained in the Third Party Content.
- While we endeavour to monitor Third Party Content and exercise editorial control where possible, you acknowledge that you use and rely on the Third Party Content obtained through Our Website at your own risk.
- You are solely responsible for any Third Party Content you have submitted and you understand that EntertainMe does not guarantee any confidentiality with respect to Third Party Content you submit.
- You affirm, represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Third Party Content you submit.
- You agree that any Third Party Content you submit does not contain any third party copyrighted material, or material subject to another proprietary right, without permission from the rightful owner.
- EntertainMe may at any time:
- Refuse to post any Content that we in our absolute discretion consider will breach the Terms or is otherwise inappropriate for Our Website; or
- Edit or remove Content where we determine (acting reasonably) that the Content breaches these Terms of Service or is otherwise inappropriate for Our Website.
- EntertainMe owns any material produced by us, including all Media generated by EntertainMe. Those materials are not to be disseminated without our expressed approval under any circumstance.
- You understand and agree that any Content downloaded or otherwise obtained through the use of Our Website is done at your own discretion and risk and that you will be solely responsible for any and all damage to your computer system or loss of data.
- Websites of Others
- Our Website may contain links to third party websites. These websites have not been prepared by and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites Our Website links to.
- If you visit a linked website you will be subject to the terms of that website and any dealing will be solely between you and that other website.
- By using Our Website you expressly relieve EntertainMe from any an all liability arising from your use of other websites linked on Our Website.
- User Conduct
Our Website is the property of EntertainMe. While we encourage your use and engagement, all interactions on this Website must be lawful and comply with the General Terms and Conditions
As a User of Our Website:
- You will ensure that you use or share any part of Our Website in good faith.
- You may share EntertainMe specific promotions under the rules EntertainMe General Terms & Conditions. When sharing, redistributing or publication of copyright material is permitted you agree to make no changes in or deletion of any content, author attribution, trademark legend or copyright notice.
- You agree not post or transmit any Content on Our Website that:
- Is defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we consider to be in any way objectionable;
- Is or is reasonably likely to be unsuitable for persons under the age of 18 years;
- Infringes the intellectual property rights of any person;
- You know or suspect to be false or misleading;
- Contains any virus or other destructive component;
- Is prohibited by or violates any applicable law or regulation; or
- Otherwise breaches the Terms.
- You agree not to:
- Commit or encourage a criminal offence or breach any applicable law or regulation;
- Disrupt an exchange of information between users or otherwise act in a manner that EntertainMe deems would negatively affect other users;
- Hack into any part of Our Website;
- Modify or alter any part of Our Website or our service;
- Share any information from Our Website that infringes the intellectual property rights of any person, entity or organisation;
- Use Our Website or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with EntertainMe unless expressly authorised by us;
- Use any End User or Supplier information from Our Website for any commercial purpose;
- Engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches the Terms or is otherwise inappropriate for Our Website.
Please refer to the Subscriber Terms
for further information on prohibited User conduct.
In the event that your conduct (as judged by us in our sole discretion) restricts or inhibits any other user from enjoying any part of Our Website, then we reserve the right to limit your access to our site, terminate your account and seek other remedies.
- Intellectual Property
- "EntertainMe" is our registered trade mark. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Our Website are the property of their respective owners.
- Any content displayed or made available through Our Website is the exclusive property of EntertainMe Limited or used with the express permission of the copyright and/or trademark owner. No content may be reproduced, published or transmitted by any means without our prior written consent. Copyright, trade mark or other intellectual property right infringement may result in civil and/or criminal penalties.
- Changes to Our Website or Terms
- EntertainMe reserves the right to change, alter or modify these Terms at any time provided we inform you of this through an email or notification on Our Website.
- By continuing to access Our Website after we have made any changes, alterations or modifications to the Terms you agree to be bound by the amended Terms. You should check from time to time to see if these Terms have changed.
- We reserve the right at any time and without notice to remove, amend and/or vary any of the Content which appears on Our Website or cease operating Our Website in whole or in part.
- Privacy and Personal Information
- You agree that we may disclose your personal information (including but not limited to your name and contact details) to the relevant authorities, any internet search provider that you use to access Our Website, and/or the applicable intellectual property rights holders (or their representatives) if we consider you are infringing the intellectual property rights of any person.
- We may also disclose any information we consider in our absolute discretion we are required to in order to satisfy any applicable law, regulation, legal process or government request.
- The New Zealand Consumer Guarantees Act 1993 sets out the rights of consumers and the responsibilities of those who serve them. If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above. If you are using Our Website or its content for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply.
- Subject to the Clause above you expressly understand and agree that we make no warranties that:
- Our Website will meet your requirements; or
- Our Website will operate uninterrupted, secure or error–free.
- To the fullest extent permitted by law, we exclude all responsibility and liability in relation to Our Website and we will not be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special or loss of profits).
- We exclude all responsibility in relation to the Goods or Services supplied under a Deal or Promotion. If any issue does arise, you will have recourse directly against the Supplier. Additional information is supplied in the Registration Terms.
- Dispute Resolution
Where any dispute arises between you and another user of Our Website (including any Supplier) you agree in good faith to use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action. You acknowledge that we will not be a party to any such dispute.
If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
- Governing Law
These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.
If you have any questions or concerns in relation to Our Website or these Terms and please contact us.