Terms & Conditions


Please read this Agreement carefully before accessing or using the Website.

Terms of Service

The following terms and conditions govern all use of the Mogul website and all content, services and products available at or through the website. The Website is owned and operated by Mogul Limited (“Mogul”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Mogul’s Privacy Policy) and procedures that may be published from time to time on this Site by Mogul (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. The Website is available only to individuals who are at least 13 years old.

  1. Your Mogul Account and Site. If you create a Mogul website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe your website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Mogul may change or remove any description that it considers inappropriate or unlawful, or otherwise likely to cause Mogul liability. You must immediately notify Mogul of any unauthorised uses of your account or any other breaches of security. Mogul will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. By making a website available, you represent and warrant that:
    • Your website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
    • Your website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website’s name is not the name of a person other than yourself or company other than your own; and
    • Without limiting any of those representations or warranties, Mogul has the right (though not the obligation) to, in Mogul’s sole discretion (i) refuse or remove any content that, in Mogul’s reasonable opinion, violates any Mogul policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Mogul’s sole discretion. Mogul will have no obligation to provide a refund of any amounts previously paid.
  3. Third Party Services
    • The Website integrates or interoperates with various third party products and services, which may include the social-networking services available at www.facebook.com, twitter.com, Instagram, and Pinterest. We are not affiliated with or endorsed by the providers of such third party services.
    • Your use of Third Party Services through the Website is subject to the terms and conditions, privacy policies, and other policies and agreements applicable to such Third Party Services.
    • We have no control over any aspect of the Third Party Services, any modification, suspension, or termination of Third Party Services, or the use of any information shared with any Third Party Service. You use or rely on Third Party Services solely at your own risk.
  4. Responsibility of Website Visitors. Mogul may displays material from third party services. Mogul has not reviewed, and cannot review, all of the third party material displayed on the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Mogul does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Mogul disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Mogul links, and that link to Mogul. Mogul does not have any control over those non-Mogul websites and webpages, and is not responsible for their contents or their use. By linking to a non-Mogul website or webpage, Mogul does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Mogul disclaims any responsibility for any harm resulting from your use of non-Mogul websites and webpages.
  6. Copyright Infringement. As Mogul asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Mogul violates your copyright, you are encouraged to notify Mogul. Mogul will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Mogul will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Mogul or others. In the case of such termination, Mogul will have no obligation to provide a refund of any amounts previously paid to Mogul.
  7. Intellectual Property. This Agreement does not transfer from Mogul to you any Mogul or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Mogul. Mogul logo, and all other trademarks, service marks, graphics and logos used in connection with Mogul, or the Website are trademarks or registered trademarks of Mogul or Mogul’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Mogul or third-party trademarks.
  8. Changes. Mogul reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Mogul may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  9. Termination. Mogul may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Mogul account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  10. Disclaimer of Warranties. The Website is provided “as is”. Mogul and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mogul nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  11. Limitation of Liability. In no event will Mogul, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Mogul under this agreement during the twelve (12) month period prior to the cause of action. Mogul shall have no liability for any failure or delay due to matters beyond their reasonable control.
  12. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Mogul Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from New Zealand or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights or copyright of any third party.
  13. Indemnification. You agree to indemnify and hold harmless Mogul, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  14. Miscellaneous. This Agreement constitutes the entire agreement between Mogul and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Mogul, or by the posting by Mogul of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of New Zealand, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in New Zealand. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Mogul may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Mogul Privacy Policy

Introduction

Any information that you provide through the Mogul site may be collected and used by Mogul.

This statement sets out Mogul's policies relating to the collection and use of your personal information. It applies to your conduct on Mogul’s website (the "Website"). These policies are in addition to the general Terms of Use governing the website and should be read in conjunction with such Terms of Use.

We take your privacy seriously

We recognise that your privacy is very important and that you have a right to control personal information. We know that providing personal information is an act of trust and we take that seriously. The following sections set out how we handle and protect your personal information and safeguard your privacy.

Your usage of the website

Whenever you visit the Website, our servers automatically record information about your usage of the Website, such as the time of the visit, its duration and the pages you visit. This is to help us understand what parts of the Website our users enjoy the most and to help us to improve the Website. The information we collect about you is anonymous.

Cookies

Cookies are pieces of information that a website transfers to your computer's hard disk for record-keeping purposes. Most web browsers are set to accept cookies. However, if you do not wish to receive any cookies, you may set your browser to refuse them. In some instances this may mean you will not be able to take full advantage of parts of the Website. Cookies provide us with aggregated information on how users interact on our Website and help us improve your experience of the Website. Cookies do not personally identify you, but your browser.

Information disclosure

We will not disclose any information about you without your consent unless it is:

  • Required by law or to enforce our rights;
  • We believe it necessary in order to provide you with a service which you have requested;
  • We suspect that your use of the Website is in breach of the Terms of Use
  • To protect the rights or property of Mogul, any Mogul user or any member of the public; or
  • To lessen a serious threat to a person's health or safety.

Sharing with third parties

We will never share your personal information with a third party or allow a third party to promote its products and services directly to you without your explicit consent.

In order to operate the Website or deliver a service you have explicitly requested, we sometimes share your personal information with an affiliate or with a service partner.

How we will communicate with you

From time to time we may send you service emails which contain important information about updates, changes and developments on the Website, such as if we take down a service which we know you are currently using, or, if we have improved a service and want to communicate its new functionality to you. For you to continue to make the most of what’s available on the Website, it is essential that we send these communications.

From time to time, we may send you email newsletters to which you have subscribed, and tell you about new competitions.

You can manage the type of information you receive from us by:

  • unsubscribing from the message you receive; or
  • emailing us at support@mogul.co.nz. Please allow seven days for this request to be processed.

Keeping your information secure

We will take all reasonable steps to keep secure any information we hold about you and to keep this information accurate and up to date. Your information is stored on secure servers that are protected in controlled facilities.

In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.

You can also play an important role in keeping your personal information secure by maintaining the confidentiality of any password and accounts used on the Mogul website. Please notify us immediately if there is any unauthorised use of your account by any other Internet user or any other breach of security.

If you want to access your information

If you wish to access and/or correct information held about you, you can request this information by emailing us at support@mogul.co.nz. We will endeavour to respond to your request within 10 working days.

Links to other websites

The Mogul website provides links to websites outside the control of Mogul and we do not accept responsibility for the conduct of companies linked to the Mogul website. Before disclosing your personal information on any other website, we advise you to read the terms and conditions and privacy policy of that website.

If you have any concerns

If you make us aware of any ongoing concerns or problems with our website, we will take these issues seriously and work to address these concerns. You can contact us by emailing support@mogul.co.nz

Changes to the Privacy Policy

We continuously review our Privacy Policy to ensure that it protects your privacy while supporting your user experience on the Website. We encourage you to keep visiting our Privacy Policy to see if any updates have been made.

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