ACCEPTANCE OF TERMS & CONDITIONS

FREEMO LIMITED ("FREEMO" or "us" or "our") owns and operates this website, www.freemo.co.nz, the mobile version and any individual sites or related sites we have now or in the future.

The website and all links contained within or available through external hyperlinks within our Site, will be collectively be referred to as the "Site" in these Terms & Conditions.

By using our Site and FREEMO's services through the Site, you ("you" or "End User" or "Advertiser") agree to these Terms & Conditions, our Privacy Policy and Advertiser Code of Conduct.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY FREEMO RELATED SERVICES OFFERED THROUGH THE SITE.

1.Permitted Uses

The Site provides an interactive online service operated by FREEMO LIMITED, consisting primarily of marketing services on behalf of certain Advertisers ("Advertisers") promoting offers of free goods and services ("offers") to registered consumers("Registered Users").

Advertisers use the site to register a special promotional offer to one or more recipients. The promotional offer must be for something free of charge. The promotional offer is displayed for Registered Users to review.

Registered Users use the site to register their interest in an Advertiser's offer(s). One or more Registered Users will benefit from the offer and receive an incentive in the form or a free product, service or experience.

As a condition of the use of this Site, you agree that:

  • You are at least 18 years of age;
  • You agree to use this Site according to the terms of this Terms & Conditions;
  • If you elect to create an account, you agree to:
    • Safeguard your password
    • Provide information that is accurate, true, current and complete.
    • Only register interest in an Advertiser's offer, that complies with the spirit of the terms of the respective offers;
    • Only register interest in an Advertiser's offer for your own use, or, only when offered, as a gift for another;
    • Accept full responsibility for your own use and the use of your account by anyone you allow to access it.

2.Availability of the Site

You accept and acknowledge that there may be interruptions in service or events that are beyond our control. We use reasonable efforts to keep the Site accessible; however the Site may be unavailable from time to time, including and without limitation, routine maintenance. FREEMO retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

3.Ownership of the Site

All content on this Site, is proprietary to us and/or our Advertisers. Under these Terms & Conditions you agree not to display, create derivative works from, reproduce, modify, transmit, distribute, copy, perform, publish, license, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.

4.Transmission of Information

We do not control internet security or the networks you use to access the Site or communicate with us, we are not responsible for the security or loss of information that you choose to communicate with us while it is being transmitted.

5.Your Conduct on our Site

Our Site is private property, and we reserve the right to restrict at our discretion any use of this site. All interactions on this Site must be lawful and must comply with these Terms & Conditions.

If you wish to receive email communications about offers you will need to agree to the Subscriber Terms:

SUBSCRIBER TERMS

  1. You are required to provide an email address in order to become a registered member of www.freemo.co.nz. By ticking "Continue" and registering to this Website, you agree:
    1. to be bound by these Subscriber Terms and,
    2. to receive communications from us via email or SMS about Offers including those advertised on the Website.
  2. You can opt-out of receiving email or SMS communications from us at any time by clicking the unsubscribe link found a the bottom of the email
  3. 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
  4. 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 the 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.
  5. 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.
  6. We reserve the right to change, alter or modify these Subscriber Terms at any time.

PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES;

  • Knowingly submit inaccurate information or committing fraud in connection with your FREEMO account or in order to create multiple accounts;
  • Attempting to, or accessing data not intended for you;
  • Attempting to breach security or authentication measures;
  • Tampering or interfering with the proper functioning of the Site;
  • Attempting to interfere with service through; overloading, "flooding", "spamming", "mail bombing" or "crashing" the Site;
  • Using the Site or any part to advertise or solicit for religious or, political purpose; or to compete, directly or indirectly with FREEMO;
  • Reselling or repurposing your access to the Site
  • Soliciting Site End Users, Advertisers or other business partners of FREEMO to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with FREEMO.
  • Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
  • Attempting to exceed quantity limits when registering interest or otherwise using any FREEMO account to register interest.
  • Using measures to prevent or limit access to this Site;
  • Any action that places excessive demand on our services
  • Aggregating any content or other information from the Site without our express written permission.
  • Deep-linking to any portion of this Site without our express written permission;
  • Acting illegally or maliciously against the business interests or reputation of FREEMO, our Advertisers or our services; or
  • Hyper linking to the Site from any other website without our initial and ongoing consent.

6.Creating a Personal Account on our Site

If you create a personal account on our Site, you may only create and hold one account that you are solely responsible for managing.

If you violate any of these limitations we may terminate your account. Any pending, current, or future un-redeemed offers will be forfeit.

If we terminate your account, you may not re-join unless we formally invite you.

If you commit fraud or falsify information in connection with your use of the Site or in connection with your FREEMO account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer.

7.Creating an Advertiser Account on our Site

Any account created must be for the express interest of advertising a Freemo offer. You must not post any content on the Site, that is or contains any material that is threatening, defamatory, obscene, harassing or offensive, that infringes the rights of any third party (including but not limited to intellectual property rights, or rights to privacy), or that otherwise facilitates any crime.

For any advertisement posted on the Site, you must ensure:

  • The information contained in the advertisement is true, accurate and correct at the time it is posted and for the period it remains on the Website.
  • Only register an offer, which complies with the spirit of Freemo brand &service offer.
  • Is not any, or related to, of the following: guns & weapons, cigarettes& tobacco, illicit or illegal drugs, adult items, illegal products/services, animals.
  • Adhere to our Advertiser Code of Conduct

Advertisers must ensure that their advertisement complies with the Advertising Codes of Practice issued by the Advertising Standards Authority, and every other code or industry relating to advertising in New Zealand.

By supplying or placing an advertisement for publication the advertiser grants us an on-going royalty free license to reproduce the advertisement in any print or electronic advertisement media now or in the future.

All accounts must not be sold, transferred, combined or otherwise shared with any other person. Freemo has the right to cancel any offer and close any account, at its discretion.

8.Fees

Freemo charges fee for advertising and related services. Fee's include GST. Listing fees are generally collected during the listing confirmation process, however in some instances invoices for payment may be issued. Payment is required immediately, unless stated on the invoice. Listings removed in breach of this Agreement or the Advertisers Code of Conduct will not be refunded. In the event of non-payment, if we are forced to hand your account over to our debt collection agency for collection you will be liable for these collection costs. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other reversal of payment by You in connection with the Service, Your Service may be suspended without notice. A charge back fee of $NZ25 may apply.

Freemo Limited reserves the right to alter the fees charged for any of the services at any time. In the event that a new service is introduced, the fees for that service are effective at the launch of the service, unless otherwise stated.

9.Terms of Promotion Engagement - Registered Users

Offers that you register interest for, and subsequently are successful with through our Site as a FREEMO personal account holder are offered from participating Advertisers through our service. The promotional offers are for certain free goods, services or experiences offered by, or facilitated through, the Merchant identified on the offer.

The Merchant is solely responsible for provision of the indicated product, service or experience. The Merchant is the issuer of the promotional offer and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs ("Liabilities") it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a offer or not.

You waive and release FREEMO and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your receipt of services/goods or experiences, the offer provides in connection with it.

By accepting an Advertisers offer, you agree to the terms of this Agreement and these Terms of Promotion Engagement. By registering interest, viewing a mobile version, printing, accepting, using or attempting to use any offer, you agree to these Terms of Promotion Engagement specifically ("rules") the terms on the offer itself and any additional, deal specific terms advertising the offer at the time of purchase (collectively, the "fine print" regardless of how labelled).

These rules apply to all promotional offers that we make available, unless a particular offer's fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and an offer's fine print, the offer's fine print will control.

FREEMO is a service provider for the Merchant identified on the offer and the Merchant is the sole issuer of the offer.

If a Merchant or venue refuses to honour any offer, FREEMO will do it's best to resolve any dissatisfaction, but makes no guarantees as to the outcome.

Offers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of offers is prohibited.

10.Modification of this Agreement

We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. At our discretion we will notify you by email or other medium. Your use of the Site after we update these Terms & Conditions will constitute acceptance of the modified Terms & Conditions.

We reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.

11.Copyright and Trademarks.

ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF FREEMO IS PROHIBITED.

You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only.

12.Websites of Others

The Site may contain links to websites maintained by other parties. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites.

13.Prohibited Content

Posting content that is or may generally be considered to be pornographic, obscene, discriminatory, abusive, indecent or offensive; is known to be false or misleading; Post content you do not either own, control all of the rights to, or have the owner's permission to submit; infringes or may infringe the intellectual property rights or privacy rights of any other person or infringes on a duty of non-disclosure to another person; Defaming, disgracing or libelling Freemo and/or others; Uploading files that contain viruses or other malicious software or programming files that may cause damage; Infringing the legal rights (including the rights of privacy and publicity) of Freemo and/or others; Uploading false information including, but not limited to, other's IP address and password; Any other activities that are unlawful or prohibited by any applicable laws; Using this environment to promote inappropriate commercial products and/or services; Any other activities that Freemo deems inappropriate.

14.Termination

FREEMO may terminate these Terms & Conditions at any time.