Terms and Condnitions

This is a legally binding agreement between:

  • Pegasus Electronics (NZ) Limited, having is registered office at Tristram Street, Hamilton, New Zealand - and operating from 2291 Maungatautari Road , Cambridge , New Zealand ("Offer2Go").
  • The party who has registered their Account details with Offer2Go, agreed to this agreement and has been provided with an Account ("Client").
  • In consideration of the setup fee, and subscription payments, Offer2Go grants the Client a non-exclusive right to access and use of the Service.
  • The Service is offered to the Client, subject to acceptance of this Agreement without modification. Pegasus Electronics (NZ) Limited reserves the right to change the Terms and Conditions of Use under which the Service is offered. Offer2Go will advise the Client of any changes to this agreement, or other policy changes. Such advice will be by email - or publication of the changes on the Offer2Go website. The Client is responsible for regularly reviewing this agreement. The Client's initial and continuing use of the Service constitutes agreement to all such terms and conditions of use.

Section 1: Definitions and Interpretations:

  1. "Account" means the Client's account with Offer2Go.
  2. "Account Details" means the information provided by the Client in the Registration Form.
  3. "Agreement" means this agreement.
  4. "Privacy Policy" means the Offer2Go Privacy Policy as published on the Offer2Go website at www.offer2go.com/privacy.php.
  5. "Recipient" means the persons listed within a mailing list.
  6. "Registration Form" means the online form at Offer2Go's web site that the Client is required to complete.
  7. "Send" includes, but is not limited to email, send, upload, distribute, publish, broadcast, transmit, stream.
  8. "Services" means the software provided by Offer2Go from it's Web Site, and other support, help and contact between Offer2Go and the Client.
  9. "Setup Fee" means the payment to create an Account for the Client, and to allow access to the Service by the Client.
  10. "Subscription fee" means the payment for the Service provided.
  11. "Usage Rules" means the rules outlined in Section 7.

Section 2: Ownership

  1. In consideration of payment by you of the Subscription fee, or other consideration, that is part of the payment for the use of the Service, and your agreement to abide by this Agreement, Offer2Go grants you a non-exclusive right to use the Service.
  2. This subscription is not a sale of the Service. Offer2Go retains ownership of the Service. The Client does not own any of the Service.

Section 3: Transfer restrictions

  1. The Client's subscription to the Service may not be transferred to any other party without the prior written consent of Offer2Go.
  2. Any authorised transferee of the Service shall be bound by this agreement.

Section 4: Account access, accuracy and security

  1. Subscription to use the Service requires the Client to open an Account, and to provide us with complete and accurate information on the Registration Form.
  2. On Payment of the Setup Fee the Client will be provided with a password and logon id.
  3. The Client is responsible for maintaining the confidentiality of your password and Account details.
  4. The Client is responsible for maintaining the accuracy of its Account details.
  5. The Client is responsible for all and any activities that occur under the account.
  6. The Client agrees to notify Offer2Go immediately of any unauthorised use of the account or any other breach of security.
  7. Offer2Go will not be liable for any for any loss that may result of someone else using the Clients password or logon id, either with or without the Client's knowledge.
  8. The Client could be held liable for losses incurred by Offer2Go or another party due to someone else using the Client's password and logon id.
  9. The Client may not use anyone else's account at any time, without the permission of the account holder.

Section 5: No unlawful or Prohibited Use of the Service

  1. As a condition of the use of the Service, the Client will not use the service for any purpose that is unlawful, or prohibited by this agreement.

Section 6: Privacy Policy

  1. The Client acknowledges that it has read the Privacy Policy of Offer2Go, as published in its website at www.offer2go.com/privacy.php.
  2. The Client acknowledges and agrees that the Privacy Policy forms part of this agreement and they accept and agree with the terms of the Privacy Policy.
  3. The Client acknowledges that the Privacy Policy of Offer2Go may be changed at any time. The Client is responsible for regularly reviewing this Policy. The Client's initial and continuing use of the Service constitutes agreement with the terms of the Privacy policy.

Section 7: Use of Service

  1. The Client agrees to use the Service only to send messages and material that are proper. By way of example, and not as a limitation, the Client agrees that when using the service it will not:
    • Use the service in connection with pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited bulk messages (commercial or otherwise).
    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
    • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
    • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion, or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
    • Upload or otherwise make available, files that contain images, photographs, software or other material protected in intellectual property laws, including (but not as a limitation) copyright or trademark laws.
    • Use any material or information, including images or photographs which is made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party.
    • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, or any similar software pr programs that may damage the operation of another's computer or property of another.
    • Violate any applicable laws or regulations.
    • Create a false identity for the purposes of misleading others.
    • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the service or other user or usage information or any portion thereof.
    • Offer2Go has no obligation to monitor content. However, Offer2Go reserves the right to review content and to remove any content at its sole discretion.
    • Offer2Go reserves the right to terminate access by the Client at any time without notice, for any reason whatever.
    • Offer2Go reserves the right at all times to disclose any information that Offer2Go deems necessary to satisfy any applicable law, regulation, legal process or Government request, or to edit, refuse to post or to remove any information or materials, in whole or part, at Offer2Go's sole discretion.

Section 8: Updates and Upgrades to the Service

  1. Changes are made periodically to the Service, either to correct inaccuracies, or to make improvements to the Service.
  2. Offer2Go may make such changes at any time.
  3. The Client agrees to allow Offer2Go to email the Client advising of such changes.

Section 9: Disclaimer of Liability

  1. This agreement is in addition to, and not in substitution to the Consumer Guarantees Act. Where the Service is used for a business, the Consumer Guarantees Act does not apply.
  2. Offer2Go makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Service for any purpose. The Service is provides on an "as is" without warranty of any kind.
  3. Offer2Go hereby disclaims all warranties and conditions with regard to this Service, including all implied warranties, fitness for a particular purpose, workmanlike effort, title and non-infringment.
  4. The Client acknowledges that no promise, representation or warranty or undertaking has been made or given by Offer2Go in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the Service or as to its fitness for any purpose or purposes and the Client has relied on it's own skill and judgement in deciding to use the Service.
  5. Under no circumstances will Offer2Go be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in anyway connecting with the use of the Service, the provision of or failure to provide the Service, whether based on contract, tort, negligence, strict liability or otherwise, even if Offer2Go has been advised of the possibility of damages. If the Client is dissatisfied with any portion of the Services, or with this agreement, the sole and exclusive remedy is to discontinue using the service.
  6. Offer2Go will not be liable for the inadvertent disclosure of or corruption or erasure of data transmitted or retrieved, or stored on our system.
  7. You specifically agree that Offer2Go shall not be responsible or liable for:
    • Unauthorised access to or alteration of your transmission or data, any material or data sent or received or not sent or received through the Service;
    • Any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights;
    • Any content sent using and/or included in the Service by any third party.

Section 10: Spam Damages

  1. Offer2Go will immediately terminate any account that it believes, at it's sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, the Client agrees to pay Offer2Go actual damages, to the extent that such actual damages can be reasonably calculated. Where actual damages cannot be reasonably calculated, the Client agrees to pay Offer2Go liquidated damages of NZ$10 for each piece of spam or unsolicited bulk email transmitted from, or otherwise connected to the Clients account.

Section 11: General

  1. The Client agrees that no joint venture, partnership, employment, or agency relationship exists between the Client and Offer2Go, as a result of the agreement or use of the Service.
  2. The Client agrees to indemnify and hold Offer2Go harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of the Clients use of the Service.
  3. Offer2Go reserves the right to disclose information bout the Client or the Clients use of the Service, without your prior permission, where Offer2Go has a good faith belief that such action is necessary to:
    • Conform to legal requirements or comply with legal process.
    • Protect and defend the rights of Offer2Go.
    • Act to protect the interests of it's members or others.
    • Offer2Go's performance to this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Offer2Go's right to comply with Governmental, court and law enforcement requests or requirements relating to the Clients use of the Service.
    • Offer2Go makes no warranty that the Service will be uninterrupted, timely, secure, or error free.
    • The Client agrees that any dispute involving the Service shall be adjudicated in any court located in Hamilton , New Zealand . The Client also agrees to the jurisdiction of such a court.

Section 12: Termination and payment of Subscription Fees

  1. Subscription fees are due in advance. The Client can choose to pay per calendar month, in advance, or per calendar year, in advance.
  2. This agreement is effective until terminated by either party.
  3. The Client may terminate this agreement by giving written notice to Offer2Go.
  4. Offer2Go may terminate the agreement without notice from Offer2Go, if, in Offer2Go's sole discretion you fail to comply with all terms and conditions of this agreement.
  5. No refunds will be given for Services not yet supplied.

Section 13: Promotion

  1. The Client authorises Offer2Go to place the following on the Client's email campaigns:
    • Hyperlink to Offer2Go's website.
    • An acknowledgement that the Client's email campaign is "Powered by Offer2Go" or such other form of accreditation determined by Offer2Go.
    • The Offer2Go logo or other such trademark (registered or not) that it determines.

Section 14: Operative date of this Agreement, and term

  1. This agreement will become operative on the date on which an Account is activated by Offer2Go
  2. This agreement will continue until otherwise terminated by the Client or Offer2Go.

Section 15: Trademarks

  1. The logo, trademarks, and look and feel, of the Offer2Go Service are owned exclusively by Offer2Go. All other trademarks, product names and company names or logos cited in the Service are the property of their respective owners.

Section 16: Copyright

  1. All contents of the Service are copyright of Offer2Go.
  2. All rights are reserved.
  3. All rights not expressively granted herein are reserved.