Terms of Use

Welcome to Niesh! The following Terms of Use (“Terms”, “Terms of Use”) constitute an agreement made between you, the website user, (“you”, “your,”) and us, Niesh Limited, (“Niesh”, “we”, “us”, “our”). By accessing and using this website www.niesh.co.nz, the Business Platform – business.niesh.co.nz, and our services (“Services”), including the Niesh mobile application (“Niesh App”) and printing services, you are agreeing that you have read, understood, and accepted all of the Terms, as may be updated time to time, and agree to be bound by them. If you disagree with any part of the Terms then you may not access the Services.

By using our Services, and subsequently agreeing to the Terms, you are stating that you are a student at either a registered New Zealand High School, or Tertiary Education Provider. If it is found that you are not a student of such institutes, then Niesh reserves the right to remove your account.

You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

General

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend our Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website may contain links to other third-party websites (“Third Party Sites”), which are not operated by us. We have no control over the Third Party Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Third Party Sites will be subject to the terms of use and service contained within each such site. Our Services may also contain logos, content or advertisements of third parties who sponsor our Services to you (“Niesh Advertisers”). We will not be liable for any content of and any representations made by Niesh Advertisers. A breach of any of the Terms may result in us immediately terminating your access to the Services, including your account. You agree not to copy, reproduce, sell, resell or exploit any portion of the Services, use of the Services or access to the Services without our express written permission.

Access and Use

You are responsible for obtaining access to the Services which may involve third party fees, such as internet access fees. You must not misuse the Services. You will not: use the website or any other part of the Services for any illegal or unauthorised purpose; commit or encourage a criminal offense; violate any laws in New Zealand(including copyright laws); transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of our Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. When you register as a user of the Services, you must not impersonate any person or entity or provide false information. You will be totally responsible for any activity that takes place under your name, email and password. Please notify us immediately if you become aware of any unauthorised use of your email and password. You consent to Niesh providing you with communications related to the Services such as announcements and administrative notices. You may opt out of such communications when we send these emails to you. You consent to Niesh gathering and storing your location data, when your device’s location feature is set to active, for the purpose of Niesh to utilise this data in order to provide you with accurate and relevant information associated with your proximity. Niesh’s use of emails and location data has the sole intention of providing the user with tailored and advantageous information. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this Website and Services remain the property of Niesh, its licensors or Niesh Advertisers (depending on the material). All such rights are reserved by Niesh, its licensors or Niesh Advertisers as the case may be. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website or our Services nor may you use any such content in connection with any business or commercial enterprise. You must not upload or publish as part of your use of the Services, any material that infringes a third-party’s intellectual property rights. Niesh will not be liable for any infringement of third party intellectual property rights that may occur as part of your use of our Services.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy, completeness or timeliness. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure, error-free, nor that the results that may be obtained from the use of the Services will be accurate or reliable. Unless expressly stated to the contrary to the fullest extent permitted by law Niesh and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Third Party Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Niesh’s liability for any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of intellectual property

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website or Services are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.

Indemnity

You agree to indemnify, defend and hold harmless Niesh, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms.

Variation

Niesh shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Deals

The Niesh App permits its users to redeem the following Deals: Normal Deal, Stashable Deal, and Instant Deal, provided the required conditions are met. The following deals exist on the Niesh App:

Normal Deal
A ‘Normal Deal’ is a deal which is live on the Niesh platform that can be redeemed via scanning an in-store QR-code from the associated partner, or by submitting a promo code to the website of the associated partner.

Stashable Deal
A ‘Stashable Deal’ (“Stashable Deal”, “Super Deal”) is a deal which is live on the Niesh platform that can be obtained via scanning one of the dedicated Stashable QR-codes, stored until the related expiry date, and redeemed via scanning an in-store QR-code from the associated partner, or by submitting a promo code to the website of the associated partner.

Instant Deal
An ‘Instant Deal’ is a Deal which is live on the Niesh platform and is only available until: the specified time is extinguished (e.g. ‘for the next hour’ and the hour has passed), the quantity depleted (e.g. the Niesh Advertiser has no more of the specified Instant Deal), or maximum customer limit reached (e.g. ‘the next 20 students’ and 20 have come and redeemed the Instant Deal). The aforementioned are instances in which the Instant Deal becomes unavailable. In such a circumstance Niesh holds no responsibility for any loss or damage that may arise from this situation. An Instant Deal is redeemed via scanning an in-store QR-code from the associated partner, or by submitting a promo code to the website of the associated partner.

Treasure Hunt

Niesh occasionally holds the ‘Niesh Treasure Hunt’ event which contains two key terms: ‘Super Deals’ and ‘Epic Prizes’.

Super Deals are treated as Stashable Deals (please see above for an explanation of how they work).

Epic Prizes (“Prizes”) are won via a lottery style draw. Entrants collect raffle tickets (“Tickets”) which are obtained via scanning specific QR-Codes associated with the event (e.g. the Wellington Treasure Hunt’s Prizes can only be won by scanning QR-Codes within the vicinity of the ‘Wellington Treasure Hunt’ i.e. Auckland QR-Codes will not generate Tickets for users).

At the end of the event, a lottery style draw will be held and the entrants who have the Ticket with the correct sequence of numbers/letters on their device pertaining to the Prize drawn, will be awarded that Prize.

Please note:

• If a Prize (or part of a Prize) becomes unavailable, for any reason beyond the Prize Contributor’s (and Niesh’s) reasonable control, then a comparable prize (or part of a prize) of equal or greater value may be awarded in lieu at the Prize Contributor’s and Niesh’s discretion.
• Prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). Prizes must be taken as offered and cannot be varied. Prizes cannot be used or redeemed in conjunction with any other offer. Niesh accepts no responsibility for any tax implications that may arise from any Prize winnings. Independent financial advice should be sought.
• Niesh reserves the right to verify the validity of any and all Tickets and reserves the right to disqualify any Entrant for: (a) tampering with Tickets, tampering with Niesh software, or Prize verification process; (b) submitting a Ticket which is not in accordance with their Conditions of Entry; (c) creating more than one (1) account under their name; or (d) engaging in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of Niesh. Niesh’s legal rights to recover damages or other compensation from such an offender are reserved.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know at if you have any complaints or comments.

Please note that Niesh does not take any responsibility for a Niesh Advertiser’s ability to provide the good or service stated in the Normal Deal/Stashable Deal/Instant Deal. If the Normal Deal/Stashable Deal/Instant Deal is unavailable, for whatever reason, the Niesh Advertiser reserves the right to substitute the Normal Deal/Stashable Deal/Instant Deal for a deal of equal or greater value, subject to New Zealand legislation. This means that if the Niesh Advertiser does not have the good or service displayed in the Normal Deal/Stashable Deal/Instant Deal then the dispute must be resolved between the two parties of the customer and the Niesh Advertiser – Niesh will not be held liable for any loss or damage that may arise from this situation.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Use constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Niesh.

Last revised on 20 September 2018