Terms and Conditions
Introduction
1.1 Welcome to iknowit Ltd. These Terms and Conditions (“Terms”) govern your use of the services provided by iknowit Ltd (“Company,” “we,” “us,” or “our”), including but not limited to the livestreaming and filming of events such as weddings, funerals, corporate events, birthdays, and other special occasions (“Services”). By engaging our Services, you agree to be bound by these Terms.
Definitions
Services
2.1 The Internet and service to the internet are not owned or controlled by iknowit Ltd. We will use all reasonable endeavours to make our Services available. However, our Services rely on us using networks and Services owned by other companies. As a result, we cannot promise that our Services will always be online or fully functioning.
2.2 We do not take responsibility for any issues that affect an otherwise reasonable standard of service from CDN (content delivery network) platforms like YouTube, Facebook, Vimeo, Zoom, Teams, etc. As iknowit Ltd does not own or control any of these service providers, we will endeavour to restore normal service as soon as possible.
2.3 If our Services are unavailable for any reason, we will endeavour to restore them as soon as possible. Internet outages are outside our control. This may affect live-streaming, but on the rare occasion this happens, we will make efforts to provide the Client with a backup copy to the best of our ability under the circumstances.
2.4 iknowit Ltd will store all related data/material to a service/event for 30 days post service/event completion. Thereafter, content is deleted and unrecoverable. Please ensure you store a copy "personally" somewhere safe, as iknowit Ltd takes no responsibility if this is lost.
2.5 All prices on this site and/or quotations are exclusive of goods and services tax (GST) unless stated otherwise.
2.6 iknowit Ltd reserves the right to refuse service at its discretion.
Limitation of Liability
3.1 Limitation: iknowit Ltd is not liable for any indirect, consequential, or punitive damages arising from the Services.
3.2 Force Majeure: We are not liable for any failure to perform our obligations under these Terms if such failure is due to events beyond our control, including but not limited to natural disasters, power failures, or other emergencies.
Quotations
4.1 Quotes are valid for 14 days unless stated otherwise. All prices and/or quotes are in New Zealand Dollars. All prices and/or quotes do not include GST or freight. GST will be calculated based on the invoice date. Should iknowit Ltd incur additional costs due to exchange rate fluctuations after the date of this quotation, iknowit Ltd may alter its price accordingly.
4.2 All products and services supplied by iknowit Ltd under this quotation are provided in accordance with the iknowit Ltd Standard Terms and Conditions, which are available upon request (unless otherwise expressly agreed in writing), and products are provided with the manufacturer's standard warranty unless otherwise specified. The Consumer Guarantees Act 1993 will not apply to any goods or services contained in this quote.
4.3 All goods and services will be payable on receipt, unless agreed by an authorised iknowit Ltd representative in writing. iknowit Ltd is required to comply with its obligations under New Zealand privacy legislation. In the event that the hardware manufacturer requires any personal information about the Customer, iknowit Ltd will provide such information to the hardware manufacturer for the purposes of ensuring compliance with its reseller obligations.
Payment Terms
5.1 You must pay each invoice by the Due Date. If you do not pay any invoice by the Due Date, we may:
5.2 Method of payment: You may pay by online banking, credit card, debit card, or direct debit (2.7%+$0.30 NZ-cards or 3.7%+$0.30 Intl-cards fees apply). If you wish to pay by another method, there may be an associated charge as notified by us.
5.3 If you wish to raise a genuine dispute regarding an invoice, you must do so in writing within 30 days of the date of the invoice. We will consider any issues raised in good faith and will promptly advise you of any resolution.
5.4 If you have authorised iknowit Ltd to debit your account or credit card in connection with charges and other amounts owing on an ongoing or recurring basis, you acknowledge and agree that iknowit Ltd may, without further notice, debit from the account or credit card, on the due date, all charges or other amounts owing until fourteen (14) days from the date that you revoke that authority.
5.5 All approved Returns & Refunds incur a restocking fee:
Digital Copyright and Intellectual Property
6.1 Ownership of Content:
All Materials produced by iknowit Ltd, including but not limited to video recordings, livestreams, digital media, images, graphics, designs, and other materials produced during the course of delivering the Services, are the exclusive intellectual property of iknowit Ltd and are protected under New Zealand's Copyright Act 1994.
6.2 Grant of License to Client:
Upon full payment for the Services, the Client is granted a non-exclusive, non-transferable, revocable license to use the Content for personal or internal business purposes only. This license does not include the right to modify, distribute, or create derivative works from the Content without prior written consent from iknowit Ltd.
6.3 Digital Rights:
The Content produced by iknowit Ltd may be subject to Digital Rights Management (DRM) technologies or other protections. The Client agrees not to circumvent, disable, or bypass such DRM protections.
6.4 Client’s Content:
The Client is solely responsible for ensuring that any content provided to iknowit Ltd (e.g., personal media, logos, or other intellectual property) does not infringe on any third-party rights. By submitting content to iknowit Ltd, the Client grants iknowit Ltd a non-exclusive, worldwide, royalty-free license to use, modify, and incorporate such content as needed to provide the Services.
6.5 Copyright Infringement:
In the event that any Content provided by the Client or produced by iknowit Ltd infringes upon the copyright or other intellectual property rights of third parties, the Client agrees to indemnify and hold harmless iknowit Ltd from any legal claims, damages, or costs arising from such infringement.
6.6 Moral Rights:
To the extent permitted by New Zealand law, the Client waives any moral rights in the content produced by iknowit Ltd during the course of the Services.
Third-Party Materials
7.1 iknowit Ltd is not responsible or liable for third-party materials included within or linked from the Content or the Services.
Right to Refuse Service
8.1 Discretionary Right: iknowit Ltd reserves the right to refuse service at its sole discretion. This includes but is not limited to situations where we believe that providing the Services would be inappropriate, unsafe, or not in line with our company policies.
8.2 Refunds for Refusal: If service is refused under this clause, any payments made will be refunded in full, excluding the non-refundable deposit, if applicable.
Client Responsibilities
9.1 Access and Cooperation: The Client agrees to provide iknowit Ltd with necessary access to the event location and cooperate with our staff to facilitate the Services.
9.2 Compliance: The Client is responsible for ensuring that all necessary permissions, licenses, or consents are obtained for filming or livestreaming at the event location.
Confidentiality
10.1 Confidential Information: Both parties agree to keep confidential any proprietary information disclosed during the course of the Services, except as required by law.
10.2 Data Protection: We comply with applicable New Zealand privacy laws regarding the handling of personal data.
Dispute Resolution
11.1 Governing Law: These Terms are governed by and construed in accordance with the laws of New Zealand.
11.2 Dispute Resolution: Any disputes arising under these Terms will be resolved through negotiation. If negotiation fails, disputes will be referred to mediation before any legal proceedings are initiated.