The Spinoff Members Terms and Conditions

The Spinoff Member Terms

1. These are the terms (“Terms”) which apply when you agree to become a Spinoff Member and when you make Contributions to Hex Work Limited (“us” / “we” / “our”) to support the development of our website content.

1.2 By signing up to become a Spinoff Member, or making Contributions to us, you accept and agree to be bound by these Terms.  

1.3 These Terms were last updated: 28 May 2020.

1.4 Please see The Spinoff’s Privacy Policy for information about how we collect, process, and store personal information.  

2. Changes to these Terms

2.1 We may change these Terms at any time, effective upon publishing these Terms on this page, so we encourage you to check this page from time to time.  By continuing to make Contributions to us after that notification, you agree to be bound by the Terms as amended.

3. Payments and Contributions

3.1 By becoming a Spinoff Member you can use a payment card, like a credit card, to make Contributions to us.  Once processed, all Contributions are unconditional and non-refundable.  

3.2 You can choose whether to make one-off, monthly or annual Contributions to us.  If you choose to make monthly or annual Contributions, you agree to a recurring payment plan that automatically charges your nominated sum to your designated credit card each month or year.  You may cancel your monthly or annual Contributions by contacting us in writing at members@thespinoff.co.nz.  You may also cancel or suspend your monthly or annual Contributions yourself, by logging in to your Spinoff Member account. 

3.3 We are not required to apply your Contributions in any particular way, or for any particular purpose.  

4. Your card transactions

4.1 Your payment card transactions will be securely processed by Stripe Inc, a third party payment processor, and are subject to Stripe’s Terms of Service (available at stripe.com/us/legal).  Stripe maintains procedures to protect information stored on their servers, as outlined in Stripe’s own privacy policy at stripe.com/us/privacy.  We do not store your payment card details.

4.2 Stripe alone is responsible for processing your payment card transactions.  To the extent legally possible, we exclude all liability for, and assume no responsibility for, such transactions.

5. Tax

5.1  Any Contributions that you kindly make to us are koha.  They will not be tax deductible.  

6. Your information

6.1 It is your responsibility to:

(a) make sure all information you provide to us is complete, accurate and current when you register to become a Spinoff Member (including maintaining and updating that information to ensure it remains accurate); and

(b) Safeguard your login and password details.  You agree not to share your password with anyone else.

6.2 We will take reasonable steps to keep your account secure and protect it from unauthorised access.  However, if someone else uses your Spinoff Member account, we will not be liable in any circumstances for any loss or damage incurred.  You agree that both we and Stripe are entitled to rely on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process your Contributions or action requests made through your Spinoff Member account.  

6.3 You agree to let us know immediately if you suspect or become aware of unauthorised access to your Spinoff Member account.

7. Account cancellation

7.1 You can request the cancellation of your Spinoff Member account at any time by emailing us at members@thespinoff.co.nz from the email address associated with your Spinoff Member account.  Please use the subject line “Account Cancellation”.  It may take 5-10 working days for your request to be actioned.  You may also cancel your Spinoff Member account yourself, by logging in to your Spinoff Member account. 

7.2 We may suspend or cancel your Spinoff Member account (including any aliases) without notice at any time in our sole discretion.  If we suspend or cancel your Spinoff Member account, you must not create another one without our prior approval. 

7.3 If your Spinoff Member account is cancelled or deleted, you will not be able to make any further one off, monthly or annual Contributions.  In addition, your data may be deleted immediately.  Your data cannot be recovered once deleted and we are not liable for any loss or damage as a result of the cancellation of your account.

8. Intellectual Property

8.1 We own (or have obtained the rights to use) all data and all intellectual property rights existing in or created through The Spinoff website and your Spinoff Member account, including all underlying software code, and any improvements, enhancements, modifications or adaptations of it.

8.2 Subject to these Terms, we grant you a limited licence to access your Spinoff Member account.  You agree not to make use of any data mining, robots or similar data gathering or extraction methods or to copy material from or otherwise make use of materials on the Spinoff Website other than for its intended purpose.

9. Liability

9.1 Your use of The Spinoff website and your making of Contributions is at your sole risk.    

9.2 You agree that, to the maximum extent permitted by law, our total aggregate liability to you will not exceed the sum of NZ$50, or two times your most recent Contribution amount, whichever is the lesser, in any circumstances.  

9.3 Nothing in these terms restricts any rights that you may have under the Consumer Guarantees Act 1993.

10. General

10.1 These Terms are governed by New Zealand law.  You submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms. 

10.2 These Terms and our Privacy Policy constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us and you, in relation to your use of The Spinoff Website or your Spinoff Member account.

10.3 If any provision of these Terms is declared invalid, unenforceable or in conflict with law, that provision is restricted or deleted to the minimum extent, so that these Terms otherwise remain in full effect.

10.4 If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.

10.5 The headings used throughout these Terms are provided for convenience and do not affect the meaning of these Terms.

11. Definitions

11.1 Within these Terms, the following definitions apply:

(a) “Contribution” and “Contributions” means the one-time and/or monthly or annual payments that you make to us;

(b) “Spinoff Member account” means an account that you create, so as to make Contributions to us.

(b) “User”, “you” and “your” means anyone who creates a Spinoff Member account;

(c) “We”, “us” and “our” means Hex Work Limited, together with any directors, agents or employees of Hex Work Limited, any associated entities of Hex Work Limited and any assignees upon the event of a reorganisation, merger, acquisition or sale of the business of Hex Work Limited.