Terms of Service

Last Updated: November 14, 2024

Welcome to Azure Fortune Studio. These Terms of Service ("Terms") govern your use of our website, products, and services. By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing and using our website and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

We provide various services including but not limited to:

  • Online products and digital services
  • Customer support and consultation
  • Information and content through our website
  • Other services as described on our website

3. User Account and Registration

If you create an account with us, you are responsible for:

  • Maintaining the security of your account and password
  • Providing accurate and complete registration information
  • Updating your information to keep it current
  • All activities that occur under your account

4. Acceptable Use Policy

You agree NOT to use our services to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Distribute spam, malware, or harmful content
  • Attempt to gain unauthorised access to our systems
  • Interfere with the proper functioning of our services
  • Engage in any fraudulent or deceptive practices

5. Intellectual Property Rights

All content, trademarks, and intellectual property on our website are owned by Azure Fortune Studio or our licensors. You may not:

  • Copy, modify, or distribute our content without permission
  • Use our trademarks or logos without authorisation
  • Reverse engineer or attempt to extract source code
  • Create derivative works based on our services

6. Payment and Billing

For paid services:

  • Payment is required before access to paid services
  • All prices are in New Zealand dollars (NZD) unless otherwise specified
  • GST will be added where applicable
  • Refunds are subject to our Return Policy and the Consumer Guarantees Act 1993
  • We reserve the right to change pricing with reasonable notice
  • Late payments may result in service suspension

7. Consumer Rights

Your rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 are not excluded by these Terms. Nothing in these Terms limits your rights as a consumer under New Zealand law.

8. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy and complies with the Privacy Act 2020, which is incorporated into these Terms by reference.

9. Service Availability

We strive to provide reliable service, but we cannot guarantee:

  • Uninterrupted or error-free operation
  • That defects will be corrected immediately
  • Compatibility with all devices or software
  • Complete data backup or recovery

10. Termination

We may terminate or suspend your access to our services:

  • For material breach of these Terms
  • For fraudulent or illegal activity
  • With reasonable notice, except where immediate termination is necessary
  • Upon your request to close your account

Upon termination, your right to use our services ceases immediately, subject to any continuing obligations.

11. Limitation of Liability

To the maximum extent permitted by New Zealand law, Azure Fortune Studio excludes all liability for any indirect, incidental, special, consequential, or punitive damages. Our total liability for any claim shall not exceed the amount paid by you for the specific service in question.

Note: This limitation does not apply to liability that cannot be excluded under the Consumer Guarantees Act 1993 or other applicable consumer protection laws.

12. Indemnification

You agree to indemnify and hold harmless Azure Fortune Studio from any claims, damages, or expenses arising from your unlawful use of our services or wilful breach of these Terms.

13. Governing Law and Jurisdiction

These Terms are governed by New Zealand law. Any disputes will be resolved in the courts of New Zealand. For consumer disputes, you may also have the right to take action through the Disputes Tribunal or seek assistance from the Commerce Commission.

14. Dispute Resolution

Before commencing legal proceedings, we encourage you to:

  • Contact us directly to resolve any issues
  • Consider mediation through an appropriate service
  • Use the Disputes Tribunal for eligible consumer disputes

15. Severability

If any provision of these Terms is found to be unenforceable under New Zealand law, the remaining provisions will continue to be valid and enforceable.

16. Changes to Terms

We reserve the right to modify these Terms at any time with reasonable notice. Material changes will be communicated through our website or by email. Continued use of our services after changes constitutes acceptance of the new Terms.

17. Entire Agreement

These Terms constitute the entire agreement between you and Azure Fortune Studio regarding the use of our services, subject to your rights under New Zealand consumer protection laws.

18. Contact Information

If you have any questions about these Terms of Service, please contact us:

  • Email: [email protected]
  • Phone: +64 9 555 0123
  • Address: Level 12, Sky Tower Plaza, 15 Queen Street, Auckland 1010, New Zealand
Important Note: These Terms of Service have been created in accordance with New Zealand law, including the Consumer Guarantees Act 1993, Fair Trading Act 1986, and Privacy Act 2020. For specific legal advice regarding your rights or obligations, please consult with a qualified legal professional.