Terms Of Use

Briephly terms of use

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with Briephly mobile & web application (the "Service") operated by Briephly Private Ltd ("us", "we", or "our").

Please read these Terms and Conditions carefully before using our Briephly mobile and web application (the "Service").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, writers and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Account

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

What you see on Briephly may be protected by one or more laws regarding intellectual property and copyrights. You’ll find a few different types of material on our service, so let’s break it down.

Briephly’s Service, Products, and Brand

Briephly gives you a personal, worldwide, non-assignable license to use the application(mobile, web) we provide you for your own personal, non-commercial use only. This license lets you use Briephly solely as permitted by these Terms.

Unauthorized use of any of Briephly’s trademarks, logos, domain names or other distinctive brand features is prohibited.

Service Use Guidelines

You promise to use Briephly’s services only for lawful purposes, and to not violate the rights of third parties. Any unacceptable use, including posting or collecting content that is obscene, pornographic, gory, illegal, threatening or harassing, excessively violent or promoting the harm of self or others, may result in immediate termination of your account, suspension of service access in the future, and could possibly lead to legal action as well. 

Your Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

You’re responsible for the content you publish through Briephly and assume all risk associated with it, including anyone else’s reliance on its accuracy or legal claims that might stem from publication. By posting content on Briephly, you represent that you have the necessary rights to publish that material, that doing so doesn’t conflict with any licenses or copyright you may have granted to others and that to the best of your knowledge the content you publish is not intentionally misleading.

We have the right to review and remove or disable access to any content through Briephly for any reason. We assume no liability for anything that you or anyone else publishes through Briephly.

You—and you alone—own the rights to the content you create and publish through Briephly. By posting it, you give us permission to use your content to do what we reasonably believe necessary to provide our service both now and in the future including storing, displaying, reproducing and distributing your content. This might also include promoting your content with partner companies or services for broader broadcast, distribution or publication via Briephly.

Briephly also contains links to websites, services, content and advertisements that we don’t own or control. We don’t necessarily endorse or assume responsibility for that stuff, either.

 
Privacy

Our Privacy Policy explains our collection and use of information on the service, including information you may consider personal. You consent to the information practices described in that policy as it may be updated from time to time.

Information security

We take the security of Briephly very seriously. We use reasonable practices to protect the security of your account and data associated with it, but we can’t guarantee that someone won’t be able to defeat our security measures. Please let us know immediately if you discover any compromise of your account.

We are always on the lookout for security loopholes in Briephly. If you discover a vulnerability in our service, we would be grateful for your report and encourage you to let us know immediately.

To report a vulnerability, please email info@briephly.co.nz

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of info@briephly.co.nz and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

 
Changes to our service

Briephly is a dynamic product, always evolving and getting better. As a result, we may change, eliminate or restrict access to our products or any part of our service at any time, for any reason, with or without advance notice. And we may do so with respect to one, some or all of our users.

Disclaimers

Briephly is provided “as is” without any warranties, express or implied.

Briephly disclaims all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

Limitation of liability 

To the fullest extent allowed by law, Briephly shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses resulting from (A) your access to, use of, inability to access or inability to use Briephly; (B) any third party conduct or content on Briephly, including any defamatory, offensive or illegal conduct of third parties; or (C) any unauthorized access, use or alteration of your content.

Arbitration

If you become disgruntled with Briephly for any reason, we’d like the opportunity to work out our differences informally. We strongly encourage you to visit our Help Center, and we’ll do our best to resolve the dispute in good faith. We’re reasonable people, really.

If we aren’t able to solve the problem that way, we both agree that we will resolve any claims arising from these Terms or the Briepbhly service by final and binding arbitration through the New Zealand’s Government Centre for Dispute Resolution (GCDR).

The arbitration will take place in the New Zealand county where you live or work, or another location we both agree upon. Either of us may file a lawsuit in court solely for injunctive relief against the other to stop misuse of Briephly or intellectual property infringement without first going through arbitration.

You agree to resolve any dispute you have with us on an individual basis in arbitration, and not as a class arbitration, class action or consolidated proceeding of any kind.

Governing law and jurisdiction

These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Entire agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Briephly. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be in full force and effect.

Modification

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make changes that we believe will substantially alter your rights, we will notify you by posting a notice on our website. You agree to accept any changes or revisions to these Terms by continuing to use Briephly.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Contact

If you have any questions about these Terms, please contact us.