Terms & Conditions

1.0 APPLICATION OF TERMS

1.1The Trinity Network Limited (we, us or our) owns and operates a mobile application called Crayon Calculator and website (application) where users who have registered on the Application (you or your) may access our White Label & Free Version Commission Calculator Services (services).

1.2These terms and conditions (terms) apply to your use of our services. Please carefully read these terms before you use our services.

1.3By registering for and accessing our services, you agree that you have read, understood and accepted these terms and agree to be bound by them. 

1.4If you access these terms on behalf of a company (agency) or another person, you confirm that you are authorised by that agency or person to accept these terms on that agency’s or person’s behalf, and that agency or person is bound by these terms.

1.5If you do not agree to these terms, you must cease to access and use the services immediately.

1.6We may change these terms at any time by notifying you of the change by email or on our Application. Any change to these terms will take effect from the date set out in the notice. By continuing to access and use our services, you agree to be bound by the amended terms.

2.0 OUR SERVICES

2.1   Our Application is provided via our website at [www.crayoncalculator.com] and/or our mobile app.

2.2   These terms will apply (to the extent applicable) in relation to any trial that we may offer from time to time in respect of your use of our services. If you sign up for a trial, and subject to any terms expressly notified to you in relation to the trial, you will have no obligation to continue to subscribe for our services at the end of the trial period.

2.3    If you choose to continue using our services after the expiry of the trial period, you will be charged for using our services from the date immediately following the expiry of the trial period. If you choose not to continue using our services after the expiry of the trial period, then your subscription will revert to the free version of our services.

2.4   There will be no guaranteed support for our services.

 

3.0 YOUR OBLIGATIONS AND RESTRICTIONS

3.1In order to become a registered user of our service, you must:

(a)be at least 18 years old and able to enter into contracts;

(b)have provided us with complete, accurate and up-to-date information when registering for our services;

(c)complete our registration process. 

3.2If you register for our services on behalf of an agency, company or other business, you must be authorised by it to register on its behalf.

3.3You are responsible for all activity on your account.

3.4You must keep your account details up to date. If your details change, you should update your account with the new details as soon as possible.

3.5You must:

(a)not use our Application and services for any illegal or harmful purposes or in a way that could adversely affect our reputation or goodwill;

(b)not knowingly introduce viruses or other harmful code onto our Application;

(c)not permit any person to link to our Application without our prior written consent;

(d)not use our services in a way that could adversely affect the performance of the Application or the services we provide;

(e)not use our Application and services to send unsolicited communications or other spam to any other person;

(f)only use the Application and our services in accordance with these terms; and

(g)comply with applicable laws in your use of the Application and services.

3.6To the maximum extent permitted by law, you must not:

(a)copy, modify or adapt our Application or services, or create any derivative works based upon the Application or services;

(b)disrupt or interfere with our Application or services;

(c)decompile, disassemble or otherwise reverse engineer the Application or any part of it; or

(d)modify or remove our (or any other) copyright or proprietary notices on the Application or any part of it,

3.7You must not attempt to perform any of the acts described in clauses 3.5 to 3.7 above, or permit or encourage any other person to do so.

3.8Please note that, in accordance with our privacy policy [insert link], we can disclose your personal information and other relevant information such as transaction records and content to any relevant authorities or other relevant persons.

4.0 FINANCIAL

4.1In these terms:

(a)fees means the fees payable by you for our services (as notified to you when you register for our services or as otherwise payable in accordance with these terms);

(b)plan means the plan to which you subscribe at the time that payment is due; and

(c)subscription fees means the fees payable by you for subscribing to a plan.

4.2All fees, plans and subscriptions are managed through Google Play and Apple App Store (App Stores).  You are bound by their Terms & Conditions.

4.3 We offer a free version of Commission Calculator with limited functionality and Google Ads.

4.4We accept no responsibility for the content of the ads on our application.

4.5You may upgrade to the Premium Version of the Application for a Fee as advertised in the App Stores.

4.6All upgrades are on an ongoing monthly plan.

4.7There are no refunds payable for any reason other than those in the App Store terms & conditions.

4.8We may increase the subscription fees at any time in accordance with App Store Terms & Conditions.

5.0 YOUR DATA

5.1 All data is stored on your local app.  We do not have any server stored data.  We therefore do not accept any liability for any loss of data or misuse of data in relation to using our Applications.

5.2 You agree that you have:

(a)obtained all authorisations, approvals and consents required to access and use your data in accordance with these terms & your local laws (authorisations).

5.3 To the maximum extent applicable by law, if you are an agency or other business customer you will indemnify us against any loss, damages, costs or expenses arising from any claim or alleged claim by a third party that your data infringes the rights (including the intellectual property rights) of that third party, or arising from any failure by you to obtain any authorisations or from any mis-entered data.

 

6.0 YOUR CONTENT

6.1You confirm that, if you use any content and information (including word, images, formulas) on our Application, including any content such as competitors commission rates (content):

(a)you have the right to publish the content;

(b)to the best of your knowledge, the content is accurate, complete or up-to-date;

(c)the publication of the content will not infringe the intellectual property rights or other proprietary rights of any other person; and

(d)the publication of the content will not breach any of these terms.

6.2You acknowledge and agree that:

(a)we are not responsible for reviewing any content or the accuracy of any formulas or calculations; and

(b)we do not warrant or guarantee that any content, formulas or calculations advertised by any users is accurate, complete or up-to-date.

6.3You, or the person who has given you permission to use the content, owns the content. So, to be clear, we do not claim ownership of the content or any part of it.

6.4You must keep copies of all your data.  We do not warrant or guarantee that there will be no loss of your data from the use of our Application and our services. We exclude all liability for any loss of your data however this is caused.

 

7.0INTELLECTUAL PROPERTY RIGHTS

7.1We or our licensors own all intellectual property rights in relation to our Application and services, and in any improvements, modifications, additions and enhancements to our Application and services.

7.2We grant to you a non-exclusive, non-transferable, revocable licence to use our Application and services during the period in which you have a subscription in accordance with these terms.

7.3Nothing in these terms limits our right to use any ideas, concepts, methodologies, processes and know-how that are used, developed or created in the course of providing the Application and services to you.

7.4You will not do anything to invalidate or adversely affect our intellectual property rights in and to our Application and services.

 

8.0LIABILITY

8.1We will not be liable to you under the law of tort (including negligence), contract or otherwise for any loss of profits or savings or for any indirect or consequential loss or damage, arising out of or in connection with these terms, including:

(a)the performance or non-performance of any of our obligations under these terms; or

(b)your use of our Application or our services.

8.2Notwithstanding any other provision set out in these terms, our total aggregate liability for all claims relating to these terms is limited to the greater of $2 and the amount you have paid for our services in the 6 months preceding the event or circumstance giving rise to the claim.

8.3The limitations and exclusions of liability under this clause do not apply to limit our liability under or in connection with these terms for:

(a)personal injury or death; or

(b)fraud or wilful misconduct.

8.4We are not liable to you for any failure to provide our Application or our service or to meet any of our obligations under these terms where that failure is caused by an event or circumstance outside of our reasonable control. This includes any act of God, strike, lockout, work stoppage or other labour hindrance, confiscation or expropriation, embargo, blockade, insurrections, public mains electrical supply failure, fire, floods, storm explosion, sabotage, revolution, riot, act of war whether declared or not, warlike operations, requirement or restriction of governmental authorities, order of the Court, earthquake, slide, epidemic, quarantine restriction, software failure or server failure or inability to access or connect to the internet for any reason.

We are not liable to you (whether in contract, tort or otherwise) for your or any other user’s content, formulas or calculation.,

8.5Our liability for any claim relating to these terms will be reduced to the extent that you or any other entity or person associated with you contributed to the loss arising from the claim.

9.0WARRANTIES

9.1You warrant to us that you are using use our Application and services for your business purposes and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation that protect non-business consumers in any jurisdiction does not apply to the supply of our Application and services or these terms.

9.2We do not warrant or guarantee that your use of our Application and our service will be uninterrupted, error-free or will meet your purposes or expectations. To the maximum extent permitted by law, we exclude all such warranties or guarantees.

9.3You acknowledge and agree that our services rely on the accuracy, completeness and currency of information from or posted by users and third parties, and that such information may not always be accurate, complete or up-to-date. We do not give any warranties or representations regarding the accuracy, completeness or currency of such information, or any information which incorporates such information or is based on or derived from such information.

9.4Other than as expressly stated in these terms and to the maximum extent permitted by law, we do not give any warranties or guarantees in relation to our Application and services or otherwise in connection with these terms.

10.0 TERMINATION

10.1 You may terminate your subscription at any time provided that you have paid any outstanding sums owing to us under your plan or otherwise. We will not provide any refunds for any prepaid subscriptions.

10.2 To terminate your subscription, please unsubscribe on our Application.

10.3 We may at any time suspend or terminate your subscription if we consider that you are not eligible to use our services, if you have breached any of these terms or if you have infringed our or any other person’s proprietary or intellectual property rights. We may also terminate your subscription if you become bankrupt or make an arrangement with your creditors, or if your agency or business become insolvent, goes into liquidation or has a receiver or manager appointed to any of its assets. We do not have to provide to you any reasons for the suspension or termination.

10.4 f your subscription is terminated, then without prejudice to any other rights or remedies available:

(a)we and you are immediately released from our respective obligations to each other under these terms except for any obligations that, by their nature, survive termination;

(b)we and you retain any claims that each may have against the other; and

(c)the licence granted to you under clause 7.2 to use our Application and services in accordance with these terms immediately terminates.

 

DISPUTES

11.1 If you have a complaint relating to our Application or services then you should contact us at [crayoncalculator@trinitynetwork.co.nz]. We aim to provide a written response to all complaints within 30 days.

Notices

11.2 You may send a notice to us under or in connection with these terms by emailing us at crayoncalculator@trinitynetwork.co.nz

11.3 We may send a notice to you under or in connection with these terms by emailing you at the last email address you have provided to us.

11.4 You or we will be deemed to have received a notice sent by email at the time that you or we sent it, unless we know or ought reasonably to know that the email was not delivered.

 

GENERAL 

12.1 These terms (including any terms or policies explicitly incorporated by reference) constitute the entire agreement between you and us relating to your use of our Application or our services. These terms replace any previous related agreements and understandings between you and us.

12.2 We may assign our rights and obligations under these terms at any time to any other person.

12.3 We may subcontract all or any of our obligations under these terms to a third party. If we do this, we will remain liable to you for the performance of the subcontractor’s obligations.

12.4 You must keep confidential any information you receive from us which you would expect to be confidential or commercially sensitive. 

12.5 No delay, neglect or forbearance in taking enforcement action in relation to any provision of these terms by a party will be a waiver, or in any way prejudice any right, of that party.

12.6 If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of these terms will remain in full force and have full effect.

12.7 These terms will be governed by the exclusive law of New Zealand and any legal action against us or you must be taken in a court in New Zealand.