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Beyond Binary Code
Terms of Use

These Terms and Conditions are an agreement between you and Spark New Zealand Trading Limited ("us" or "we"). Please read them carefully. They apply when you visit or use the Beyond Binary Code website (Website), accessing any materials made available on or through the Website (Resources) or download and/or use Beyond Binary Code.

We may change these Terms and Conditions. We'll post the changes on our website so it is worth checking in and reviewing them from time to time. You accept our updated Terms and Conditions if you continue to visit our Beyond Binary Website or download/use the Beyond Binary Code website or resources after they have changed.

We also have a Privacy Policy further down that sets out our privacy practices in respect of personal information we collect in connection with the Beyond Binary Code, Website and Resources. We strongly recommend that you read this as it is important that you are familiar with our practices including that you don't need to provide personal information and that you have rights to request access to, or correction of, your personal information. Read Privacy Policy

1) We may terminate your rights to use Beyond Binary Code at any time if you breach these Terms and Conditions or we consider it appropriate to do so.

2) Your obligations

a) You must not use the Beyond Binary Code, Website or Resources:

b) to violate, or encourage the violation of, the legal rights of others;

c) to engage in, promote or encourage illegal activity;

d) for any harmful, unlawful, invasive, infringing, defamatory or fraudulent purpose;

e) to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes or other items of a destructive or deceptive nature; or

f) to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations ("spam").

You must not:

a) interfere with the Beyond Binary Code, Website or Resources, or try to disable it;

b) reverse engineer, decompile, or disassemble Beyond Binary Code or otherwise attempt to extract it;

c) copy, modify, create a derivative work of the Beyond Binary Code, Website or Resources;

d) sublicence, resell, or distribute any or all of the Beyond Binary Code, to a third party; or

e) use the Beyond Binary Code, website or its resources in a way that we deem inappropriate or that brings us into disrepute.

3) Our Disclaimer

Beyond Binary Code, the Website and Resources are available to you as a service. They are intended to provide general information to you. While we attempt to be as accurate as possible with the information displayed, we do not warrant that the information or other content is accurate, complete, reliable, current, or error-free. The information is not intended to, and does not, constitute advice or any statement on which reliance should be placed. Use of information and content is at your own risk. You agree that we will not be liable for:

  • your reliance on any information on Beyond Binary Code even if negligently provided; or
  • any damages resulting from your use of, or inability to use, Beyond Binary Code.

Beyond Binary Code may not always be available including, for example, during maintenance or repair.

4) Limitation of liability

To the extent permitted by law, we, including our officers, employees, contractors and agents, exclude:

a) all warranties and representations in relation to the Beyond Binary Code, Website and Resources whether express, implied, statutory or otherwise and we will not be responsible for any errors or misstatements; and

(b) all liability in relation to the Beyond Binary Code, Website and Resources whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, loss of profits, loss of data, loss of savings and loss of opportunity).

No other third party provider of services used in the production of Beyond Binary Code, its Website or Resources including (without limitation) OutLine, or their officers, employees, contractors and agents, will be liable to you or will be required to compensate you for any loss or damage of any kind that you suffer in connection with Beyond Binary Code.

5) Third Party Disclaimer

Links to third party materials may be included. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators. We are not responsible for the contents of any linked sites or be liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties.

6) Intellectual Property

We (and other service providers who work with us) own or are licensed to use intellectual property rights in the Beyond Binary Code, Website and Resources (together "Materials").

These rights include, for example, all copyright, trade mark and design rights. All title, interest and rights (including but not limited to ownership and intellectual property rights) in these Materials will remain with us and/or our providers. You acknowledge such title, interest and rights in these Materials and will not take any action to jeopardise, limit or interfere in any manner with our or our providers' title, interests or rights in these Materials.

We grant you:

  • a non-exclusive, non-transferrable, revocable licence to use the Beyond Binary Code in relation to your organisation to incorporate it into your website for the purposes of facilitating gender inclusive practices in your business provided; and
  • a non-exclusive, non-transferrable, revocable licence to access and view the Beyond Binary Code Website and Resources, and to download the Resources for use in your organisation;

provided such use is in accordance with our Terms and Conditions. All other use is banned unless expressly authorised by us/third party licensors in advance.

7) General

These Terms and Conditions are governed by the laws of New Zealand. We reserve the right to restrict or terminate your access to the Beyond Binary Code, Website or Resources at any time.