Terms of Service

Effective Date: 27 December 2024

1. Overview of Services

Welcome to Celecom.co.nz (“Celecom,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Celecom website and platform, including any related event management and gift coordination services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must refrain from using Celecom.

About Our Services: Celecom provides an online platform to help users plan and manage events, coordinate gifts, and collaborate with attendees and gift givers. Our Services may include features such as event creation and scheduling, guest list management, group gift coordination, gift delivery arrangements, and related tools to facilitate memorable events. Celecom acts as an intermediary platform connecting users with event-related services and third-party gift providers. We do not directly sell or ship gifts or organize events; rather, we provide the tools and marketplace for you to coordinate these activities.

2. User Eligibility & Responsibilities

Eligibility: You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or use the core features of our Services. By registering an account, you represent and warrant that you meet this age requirement and are legally capable of entering into a binding contract. Users under 18 may only use Celecom with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on the minor’s behalf.

Account Registration: To access certain features, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately. Celecom is not liable for any loss or damage arising from your failure to secure your account.

User Conduct: By using Celecom, you agree to comply with all applicable laws and regulations of New Zealand (and your local laws if accessing from outside NZ) and to use the Services only for lawful purposes. You must NOT:

Violate Laws or Regulations: Do not use the Services to engage in any unlawful, fraudulent, or malicious activity. This includes (but is not limited to) posting content or organizing events that are defamatory, obscene, harassing, threatening, or that promote illegal activities.
Misuse the Platform: Do not interfere with or disrupt the Services or servers (for example, by transmitting viruses, spam, or any code of a destructive nature). Do not attempt to gain unauthorized access to other accounts, data, or Celecom’s systems.
Infringe Rights: Do not upload or share content that infringes anyone’s intellectual property or privacy rights. You must have the necessary rights or permissions for all content (such as photos, text, or event details) that you post or share through Celecom.
Impersonate or Misrepresent: Do not impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or organization. For example, do not create an account using someone else’s identity or create false event listings.
Use for Unauthorized Commercial Purposes: Do not use the platform to advertise or sell unrelated products or services, or to send unsolicited bulk communications (spam) to other users. Celecom is for your personal or organizational event management use – using it as a generic mailing list or for unrelated marketing is prohibited.
Circumvent Systems: Do not attempt to bypass any measures we use to secure the Services or enforce limitations. This includes attempting to use the platform in a way to avoid fees or quotas, or to probe or test the vulnerability of our system without authorization.

You are responsible for all activity conducted on your account and agree to indemnify and hold Celecom harmless from any loss, damage, or liability resulting from your violation of these Terms or misuse of the Services. Celecom reserves the right to investigate and take appropriate legal action against anyone who, in our judgment, violates these rules, including removing offending content, suspending accounts, or reporting you to law enforcement authorities.

3. Intellectual Property

Our Content: All content and materials available on Celecom, including but not limited to text, graphics, logos, button icons, images, software, and overall design (collectively, “Site Content”), are the property of Celecom Limited or our licensors and are protected by copyright, trademark, and other intellectual property laws. “Celecom” and our associated logos and taglines are trademarks or service marks of Celecom. We grant you a limited, non-exclusive, non-transferable license to access and use the Site Content for the sole purpose of using the Services as intended. You may not copy, distribute, modify, reverse engineer, or create derivative works from our Site Content without our express written permission, except as allowed by law. All rights not expressly granted to you in these Terms are reserved by Celecom and its licensors.

User-Generated Content: Celecom may allow users to create or upload content in connection with events and gifts, such as event descriptions, invitations, messages, photos, or reviews (“User Content”). You retain ownership of any intellectual property rights in the User Content that you create and share on Celecom. However, by submitting or posting User Content, you grant Celecom a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, adapt, modify, distribute, and display your User Content as necessary to operate the Services (for example, to display your event information to invitees or to process gift orders). This license is only for the purpose of providing, promoting, or improving the Celecom platform and services, and it ends when you delete your User Content from our systems. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not infringe the rights of any third party or violate any laws.

Celecom is not responsible for the content of any User Content and does not endorse any opinion contained in user postings. While we do not routinely monitor all User Content, we reserve the right (but do not assume the obligation) to review, screen, or remove any User Content at our discretion, particularly if we believe it violates these Terms or applicable law. If you believe another user’s content infringes your copyright or other rights, or violates the law, please contact us (see Contact Information & Notices below) with details, and we will investigate and take appropriate action under New Zealand law.

4. Limitations of Liability

Provided “As-Is”: Celecom strives to provide a high-quality platform, but the Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, representations, or conditions of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You use Celecom at your own risk.

Liability Exclusions: To the extent permitted by law, Celecom (including our directors, officers, employees, and agents) will not be liable for any form of loss or damage arising out of or in connection with your use of the Services, whether in contract, tort (including negligence), equity, or otherwise. This includes, without limitation:

Third-Party Services & Events: Any liability for acts, omissions, or errors of third parties. Celecom may enable you to connect with independent third-party service providers (such as event venues, caterers, delivery/courier companies, or gift vendors). However, we do not control or guarantee the services or products provided by third parties. Celecom is not responsible for any injury, loss, delay, no-shows, delivery failure, or other issues caused by third-party services or suppliers, even if booked or coordinated through our platform. Any disputes or claims regarding a third-party’s goods or services (for example, a gift that was not delivered on time or an event service provider’s failure) must be resolved with that third party, though we will reasonably assist you in contacting them if needed.
Data Loss or Site Issues: Celecom is not liable for any loss of data, loss of content, or inability to access your account or events. We recommend that you keep separate backup copies of important information (such as guest lists or event details). While we take reasonable measures to safeguard data, we cannot guarantee that your content will never be lost or corrupted.
Indirect or Consequential Damages: Celecom will not be liable for any indirect, incidental, consequential, or special damages, or for any loss of profits, revenue, goodwill, opportunity, or data, even if we have been advised of the possibility of such damages. For example, we are not liable for losses like: costs incurred due to event cancellations, loss of expected donations or gifts, damage to your reputation, or the cost of procuring substitute services.
Platform Downtime or Errors: Celecom is not responsible for technical problems or outages of our website or apps, or any bugs, errors, or inaccuracies in the Services. We do not warrant that the platform will operate uninterrupted or error-free. From time to time, maintenance or factors outside our control may cause temporary service disruptions.

In any case where we cannot by law exclude liability (for example, certain guarantees under consumer law), and to the extent liability is legally imposed, our liability to you will be limited to the amount you paid (if any) for our Services in the 6 months preceding the event giving rise to the claim, or NZ $100, whichever is greater. This limitation applies to the maximum extent permitted by law.

Consumer Law Rights: Nothing in these Terms is intended to exclude, restrict, or modify any rights you may have under the New Zealand Consumer Guarantees Act 1993 or other applicable consumer protection laws, except to the extent that you are using the Services for business purposes. If you are acquiring our Services for the purposes of a business, you agree that the guarantees and remedies provided in the Consumer Guarantees Act 1993 (and any other applicable consumer law) do not apply, to the maximum extent permitted by law. If you are using our Services as a consumer for personal, domestic, or household use, you may have certain rights under those laws, and these Terms should be read subject to those rights.

Indemnity: You agree that if a third party makes a claim against Celecom due to your breach of these Terms, your User Content, or your misuse of the Services, you will indemnify and hold Celecom (and our officers, employees, and agents) harmless from any and all losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from such claim. This means you will reimburse us for any losses we suffer or costs we incur because of your actions that violate these Terms or applicable law.

5. Refunds & Dispute Resolution

Refund Policy: Celecom’s platform may facilitate payments for event services or group gifts. All fees and charges for using Celecom (and any purchases made through our platform) are charged in accordance with the pricing and terms presented at the time of purchase. In general, all purchases are final. However, we will provide refunds in accordance with our obligations under New Zealand law or our stated refund policies for specific services. For example, if an event is cancelled by an organizer or a gift order cannot be fulfilled by a vendor, you may be entitled to a refund. If you believe you are entitled to a refund or have an issue with a transaction, please contact our support team at support@celecom.co.nz as soon as possible with the details. Refund requests will be evaluated on a case-by-case basis, consistent with consumer rights and any applicable Celecom refund guidelines. We reserve the right to refuse a refund request if it falls outside our policies or legal obligations (for instance, a change of mind or user error may not qualify for a refund). Any approved refunds will be processed via the original payment method when feasible.

Chargebacks: If you dispute a charge (for example, by filing a chargeback with your bank or credit card provider) without first contacting us to resolve the issue, we reserve the right to suspend your account and any pending services or deliveries. We take fraud and payment disputes seriously. To avoid misunderstandings, we encourage you to reach out to Celecom first to address any billing concerns or discrepancies – often we can resolve the problem faster and more amicably. Unwarranted or frivolous chargebacks may be considered a violation of these Terms. If a chargeback is received, we reserve the right to dispute it and to recover the amount of the transaction (and any associated fees) if the charge was valid. Your account may remain suspended during any such dispute.

Dispute Resolution: We are committed to working with you in good faith to resolve any disagreements arising from these Terms or your use of Celecom. If you have a concern or dispute, please contact us and provide a detailed description of the issue. We will attempt to resolve the matter through our customer support and management team within a reasonable time. In the event we cannot reach a satisfactory resolution informally, you and Celecom agree that any dispute, controversy, or claim arising out of or relating to the Services or these Terms will be governed by the laws of New Zealand and handled according to the Governing Law & Jurisdiction clause below. You retain the right to seek remedies through New Zealand’s legal processes. For example, if you are a consumer, you may be able to pursue claims through the New Zealand Disputes Tribunal or courts, as appropriate. Nothing in this section limits your rights under the Consumer Guarantees Act or other laws to seek assistance from consumer protection agencies or to use any mandated dispute resolution mechanisms. We simply request that you give us an opportunity to address your issue first.

6. Privacy & Data Protection

Your privacy is important to us. Celecom’s collection, use, storage, and disclosure of personal information is governed by the New Zealand Privacy Act 2020 and other applicable data protection laws. We operate our Services in compliance with the 13 Privacy Principles set out in the Privacy Act, as well as relevant international data handling standards (such as the European Union’s General Data Protection Regulation (GDPR) if applicable). By using the Service, you consent to the collection and use of your information as outlined in our Privacy Policy (which is available on our website). We encourage you to read the Privacy Policy to understand how we collect and safeguard your personal data.

Data Use and Sharing: We will only use your personal information for purposes related to providing our Services, improving the platform, and as otherwise permitted by law. This may include using your data to facilitate event management (e.g. sharing your name with an event organizer or gift delivery address with a courier) or to send you service-related communications. We will not sell your personal information to third parties. We may share information with third-party service providers who assist us in operating the platform (such as payment processors or email service providers) or with event vendors and partners as needed for transactions but only to the extent necessary and under obligations of confidentiality. If we ever need to send your personal data outside of New Zealand, we will ensure compliance with Privacy Principle 12 (cross-border data protections) by verifying that the recipient country or entity has comparable privacy safeguards, or we will seek your consent where required.

Data Subject Rights: Under the Privacy Act (and other applicable laws like the GDPR), you have rights regarding your personal information. This includes the right to access the personal data we hold about you and to request correction of any inaccuracies. If you wish to exercise these rights, please contact us (see Contact Information below). We will respond to requests in accordance with New Zealand law. If you are an international user, we will also strive to accommodate any additional rights you may have under your local data protection laws.

Security: We implement reasonable technical and organizational measures to protect your personal data against unauthorized access, loss, or misuse. However, no method of transmission over the internet or electronic storage is completely secure, so we cannot guarantee absolute security. In the event of a data breach that affects your personal information, we will notify you and the relevant authorities as required by New Zealand law.

By using Celecom, you acknowledge our Privacy Policy and agree that Celecom can collect, process, and store your information in accordance with that policy and these Terms. If you do not agree with our data practices, please discontinue use of the Services.

7. Modifications to Terms & Services

Changes to Terms: Celecom reserves the right to update or modify these Terms at any time. We may revise the Terms to reflect changes in our Services, legal requirements, or for other operational reasons. If we make material changes, we will post the updated Terms on our website with a new “Effective Date” and, if feasible, notify registered users via email or a prominent site notice. It is your responsibility to review these Terms periodically. By continuing to use the Services after any changes to the Terms are posted, you are deemed to accept those changes. If you do not agree to a change, you should stop using the Services and, if applicable, cancel your account.

Changes to Services: Likewise, we reserve the right to modify, suspend, or discontinue any part of the Celecom Services at any time, with or without notice. This may include adding or removing features, adjusting our platform’s user interface, or shutting down the platform entirely for maintenance or upgrades. We are constantly improving our platform, and that means some features may change over time. We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of the Services. If you are dissatisfied with any changes to the Services or these Terms, your sole remedy is to discontinue use of Celecom.

8. Governing Law & Jurisdiction

These Terms and any dispute arising out of or in connection with your use of the Services are governed by the laws of New Zealand, without regard to its conflict of laws principles. You and Celecom agree that the exclusive jurisdiction for resolving any claim or dispute between us (whether contractual or non-contractual) shall be the courts of New Zealand. You agree to submit to the personal jurisdiction of the courts of New Zealand for litigation of such disputes, and you waive any objections to the exercise of jurisdiction by those courts on grounds of venue or forum non conveniens.

If you access or use the Services from outside New Zealand, you do so on your own initiative and are responsible for compliance with any local laws. However, by using the Services, you explicitly agree that any disputes with Celecom will be resolved in New Zealand under New Zealand law.

Note: The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) shall not apply to these Terms or any services or goods provided through Celecom.

9. Termination of Accounts

By Celecom: We reserve the right to suspend, restrict, or terminate your account or access to the Services at our sole discretion, at any time, with or without notice, if we determine that:

You have violated any of these Terms or any policies referenced herein (such as our Privacy Policy or any guidelines posted on the platform).
You are engaged in or we suspect fraudulent, misleading, or illegal activities in connection with your use of Celecom (for example, fraudulently funding a gift or planning an illicit event).
You have provided false, outdated, or misleading information during account registration or thereafter.
Your use of the Services poses a security risk to the platform or other users, or may subject us or others to liability (for instance, hacking attempts, introducing malware, or other harmful activities).
We are required to do so by law or a governmental authority (e.g., if ordered by law enforcement to terminate your account).
For extended inactivity or non-use of your account. (If an account remains dormant for a very long period, we may close it to free up resources, though we will typically attempt to reach out to you first.)
For any other reason at our reasonable discretion. While we will usually provide a reason for termination, we are not obligated to do so in every case (especially if providing details might compromise security or an ongoing investigation).

If we suspend or terminate your account, we will endeavor to notify you via the email associated with your account (unless we are legally prohibited from doing so, or if we have no valid email on file). Termination or suspension may be immediate and without prior notice if the circumstances warrant (for example, egregious Terms violations or urgent security issues).

Upon termination of your account, your right to access and use the Services will immediately cease. We may disable or delete your account and all associated data, content, or information. Please note: In the event of termination, we are not liable for any loss of data or access to services, though if appropriate we may provide you a way to retrieve certain data (unless we terminated for serious cause or law prohibits it). If your account is terminated due to a breach of these Terms, you are not entitled to any refund of fees you have paid (if any), and you may also be prohibited from re-registering or using the Services in the future.

By You: You are free to stop using Celecom at any time. If you wish to terminate (close) your account, you may do so through any account settings provided, or by contacting our support team at info@celecom.co.nz with your request. Terminating your account will end your access to the Services, but the Terms will survive as applicable (for example, our rights with respect to any of your User Content posted before termination, or any obligations to pay fees or indemnify us for your past actions).

Even after termination of your account, certain provisions of these Terms will remain in effect by their nature, including Sections on Intellectual Property, Limitation of Liability, Governing Law, and Dispute Resolution.

10. Contact Information & Notices

Contacting Celecom: If you have any questions, concerns, or require assistance regarding these Terms or the Services, please contact us. We value open communication with our users. You can reach us by the following methods:

Email: info@celecom.co.nz
Mailing Address: Celecom PTY LTD, 2/11A Arcadia Road, Epsom Auckland 1023, New Zealand.

Notices to You: We may send you legally relevant communications or notices under these Terms by email to the address associated with your Celecom account, by postal mail to any physical address you have provided, or by posting a notice on our website (for example, via an in-dashboard notification or an announcement banner). You agree that such electronic communications satisfy any legal requirement that communications be in writing. It is your responsibility to keep your contact information (especially your email) current and to monitor communications from us.

Formal Notices and Legal Service: Any formal legal notices or claims to Celecom should be delivered in writing to the mailing address listed above (Attn: Legal Department) with a copy emailed to our support email. We will consider a notice received by us only when we have actually received it in writing. Likewise, any formal notice from us to you will be deemed delivered if sent to the most recent contact information you provided.

Thank you for reading our Terms of Service. By using Celecom.co.nz, you signify your understanding and agreement to these Terms. We encourage you to also review our Privacy Policy and any other guidelines or FAQs on our site for a smoother experience. If you have any questions or need clarification about these Terms, do not hesitate to reach out to us at info@celecom.co.nz. Your trust and satisfaction are important to us, and we are here to help ensure your experience with Celecom is positive and compliant with all legal requirements.