Terms & Conditions

By using the Flingah (“Service”), all services of Flingah Group Limited (“Flingah”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Flingah reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: www.flingah.co.nz/terms and Privacy Policy here Account Terms

1. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

2. You must provide and maintain a valid email address.

3. You must be legally able to enter into a contract relationship in New Zealand.

4. You are responsible for maintaining the security of your account and password. Flingah cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).

6. You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

7. Reselling or distributing the Service is not permitted without express permission granted by Flingah. Violation of any of these agreements will result in the termination or suspension of your Account. While Flingah prohibits such conduct and Content on the Service, you understand and agree that Flingah cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.  

Your Rights & Obligations As A User

1. You agree to use the services of Flingah on an ‘opt-in’ basis. Specifically, SMS messages, emails or other messages must not be sent to people who have not requested them.

2. You agree to not register a Keyword for a Company name, brand or Trademark that does not belong to you. Flingah reserves the right to transfer keywords in such cases of abuse. 

3. Any contact information gained through the use of Flingah must be treated with respect and any messages sent must comply with The Unsolicited Electronic Messages Act 2007.

Fees

1. Flingah operates by the payment by Users for its services. These fees can be viewed on the pricing page of this website. Flingah reserves the right to alter these fees at any time by giving 30 days notice on the website. You agree to pay the current fee for the service you have subscribed to.

2. Fees are collected by monthly charge to a current New Zealand credit or debit card through DPS payment system on the 25th day of every month.

3. Fees can also be collected on demand when renewing keywords or paying for advanced reporting.

4. You are responsible for there being sufficient funds in your chosen account.

5. Payment is on a month by month basis. You may cancel your account and keyword(s) and its associated payment at anytime. The keyword(s) will then be released immediately.

6. Should a payment not be completed then your keyword(s) associated to that account will be suspended from active use. You will have 7 days to make payment on the account. After that time your keyword(s) will be released and may be used by any other paying account user.

7. All fees are exclusive of GST unless otherwise stated Cancellation and Termination 

Termination

1. If you cancel your account you will only have access to the number of default txts in the previous month. The user is responsible to export all important data to excel before month is up if you choose not to continue to make payments for a keyword(s).

2. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your keyword(s) or account at any time. Your account information includes a no questions asked “cancel package” link.

3. Flingah, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Flingah service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or access to your Account, and the forfeiture and relinquishment of all Content in your Account. Flingah reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service 

1. Flingah reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

2. Flingah shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Copyright and Content Ownership 

1. By uploading Content you are assigning Flingah legal right to modify, display, distribute and use the Content.

2. You agree to allow others to view and share your Content inclusive of distribution by RSS or other means of Content syndication by the Service.

3. Flingah and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

2. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Flingah.

3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Flingah.

4. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Flingah customer, employee, member, or officer will result in immediate account termination.

6. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

8. You must not transmit any worms or viruses or any code of a destructive nature.

9. Flingah does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

10. You expressly understand and agree that Flingah shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Flingah has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

11. The failure of Flingah to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Flingah and govern your use of the Service, superseding any prior agreements between you and Flingah (including, but not limited to, any prior versions of the Terms of Service).

12. Questions about the Terms of Service should be sent to support at Flingah dot co dot nz.