Flow On the Road

Creativity Co.

Website Terms of Use

1 Application of terms

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

  1. you agree to these Terms; and
  2. 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 Please read these Terms carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website.

2 Changes

2.1 You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. Unless stated otherwise, any change takes effect immediately. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

2.3 These Terms were last updated on 8 August 2023.

3 Definitions

In these Terms:

Content means text, images, information and other material uploaded or otherwise made available by a User via the Website

GST means goods and services tax as set out in the New Zealand Goods and Services Tax Act 1985

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.

Including and similar words do not imply any limit

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, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way

Personal information means information about an identifiable, living person

Service means online courses, classes, programmes, workshops, and digital products available to purchase via the Website

Terms means these terms and conditions titled Website Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink

Underlying System means any network, system, software, data or material that underlies or is connected to the Website

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website

We, us or our means Ailene Cuthbertson trading as Flow On The Road Creativity Co.

Website means www.flowontheroad.com, including the MemberVault website where the Service can be accessed and used

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

4 Your obligations

4.1 You must provide true, current and complete information in your dealings with us, and must promptly update that information as required so that the information remains true, current and complete.

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

  1. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
  2. immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to ailene@flowontheroad.com.

4.3 You must:

  1. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
  2. unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

4.4 When accessing and using the Service, you must:

  1. use the Service in accordance with these Terms solely for:
    1. your own personal, non-commercial purposes; and
    2. lawful purposes;
  2. not impersonate another person or misrepresent authorisation to act on behalf of others or us;
  3. not attempt to undermine the security or integrity of the Underlying Systems;
  4. not use, or misuse, the Service in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Service;
  5. not attempt to view, access or copy any material other than that which you are authorised to access; and
  6. not use the site for commercial activities without prior written consent from Flow On The Road;
  7. neither use the Service in a manner, nor upload, post or otherwise make available any Content that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable.

4.5 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to ailene@flowontheroad.com.

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

5 Intellectual property

5.1 We (and our licensors) own all proprietary and Intellectual Property Rights in:

  1. the Service (including without limitation, all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos, downloadable assets, interactive features, and look and feel), and the Underlying Systems; and
  2. any ideas, comments or suggestions provided by you to us relating to the Service or the Underlying Systems (together, Feedback) and anything created as a result of that Feedback ((including new material, enhancements, modifications or derivative works) by us or our licensors.

5.2. Subject to clause 5.1, you own all Content submitted by you to the Service. You grant us a worldwide, non-exclusive, perpetual, royalty-free, transferable, irrevocable licence to use and make available Content submitted by you for any purpose reasonably connected with the safe and proper operation of the Service (subject to our obligations under the New Zealand Privacy Act 2020).

5.3. You are responsible for ensuring that you have all necessary consents to upload your Content.

5.4 You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Content infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Content is Objectionable, incorrect or misleading.

5.5 You acknowledge that the Service may link to third party websites and resources that are connected or relevant to the Service. Any link from the Service does not imply that we endorse, approve or recommend, or have responsibility for, those websites and resources or their content or operators. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites and resources.

6 Disclaimers

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

  1. the Website being unavailable (in whole or in part) or performing slowly;
  2. any error in, or omission from, or failure to remove any information from, any information or Content made available through the Website;
  3. any inappropriate Content posted to the Website;
  4. any failure of a person who accesses and uses the Service by using your User ID;
  5. any inappropriate activity by any User or other person, including use of the Service by any User or other person for an improper purpose;
  6. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
  7. any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

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

6.3 To the maximum extent permitted by law:

  1. 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 are expressly excluded; and
  2. we make no representation concerning the quality of the Service and do not promise that the Service will:
    1. meet your requirements or be suitable for a particular purpose; or
    2. be uninterrupted or error free.

7 Liability

7.1 To the maximum extent permitted by law:

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

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

7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed the total purchase price of the Service you have purchased, and if no purchase has been made by you, must not exceed NZD100.

8 Privacy policy

8.1 When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020.

8.2 Our Website’s Privacy Policy sets out how we will collect, use, disclose and protect your personal information.

8.3 We may also collect technical information whenever you visit the public version of our Website. This may include information about the way users arrive at, browse through and interact with our Website. We may collect this type of technical information through the use of cookies and other means. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser. However, if you do so, you may not be able to use all of the functions on the Website. We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs. We may also use this information to assist in making any advertising we display on the Website more personalised and applicable to your interests.

8.4 Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:

  1. to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
  2. where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.

8.5 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.

8.6 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at ailene@flowontheroad.com.

9 Suspension and termination

9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

9.2 Without limiting any other right or remedy available to us, we may restrict or suspend your access to and use of the Service and/or delete, edit or remove the relevant Content if we consider that you have:

  1. undermined, or attempted to undermine, the security or integrity of the Service or any Underlying Systems;
  2. used, or attempted to use, the Service:
    1. for improper purposes; or
    2. in a manner, other than for normal operational purposes, that materially reduces the operational performance of the Service;
  3. uploaded, posted or otherwise made available any Content that breaches or may breach these Terms or any third party right (including Intellectual Property Rights and privacy rights), or that is or may be Objectionable, incorrect or misleading; or
  4. otherwise materially breached these Terms.

9.3 On suspension or termination, you must immediately cease using the Website and Service and must not attempt to gain further access.

10 General

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

10.2 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.

10.3 These Terms, and any dispute relating to these Terms or the Website or the Service, 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 Website.

10.4 For us to waive a right under these Terms, the waiver must be in writing.

10.5 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.6, 5, 6, 7, 10.2, continue in force.

10.6 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 a 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.

10.7 These Terms set out everything agreed by the parties relating to your use of the Website and Service and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.