Terms of service

Welcome

Thanks for taking the time to read our Terms of Service. By using Responsinator you are agreeing to be bound by these Terms. If the Terms change we’ll update this page; if it’s a material change and you’re an account holder we’ll email you at the address you provided as a login.

Make sure you read our Privacy Policy as well.

If you have any questions or concerns get in touch with us: us@responsinator.com.

Definitions

• “Responsinator” and “the Service” - refer to the service provided by Batch Trading Company Limited through the website responsinator.com.
• “We”, “us” and “our” - refer to Batch Trading Company Limited, the company that operates the Responsinator service and website.
• “Account holder” - a customer of Responsinator who pays for a modified version of the service.
• “You” and “your” - refer to users and account holders, you personally or the legal entity that you are authorised to represent.
• “Terms of Service” and “the Terms” - refer to the binding Terms of Service set out on this page.

The Basics

1. By using Responsinator you are agreeing to be bound by these Terms of Service.

2. We might add new features to Responsinator, and any additional features are also covered by the Terms.

3. We provide Responsinator on an as-is, as-available basis. We don’t guarantee or warrant that the Service will be available, uninterrupted or error-free. You use the Service at your own risk.

4. We rely on third party suppliers (like hosting companies and credit card gateways) to provide Responsinator. The actions of third party suppliers are outside our control, we do not accept any liability for any loss or damage resulting from their actions.

5. If the Terms change we’ll update this page; if it’s a material change and you’re an account holder we’ll email you at the address you provided as a login.

6. If you don’t comply with these Terms of Service then we may, at our discretion (with or without notice) cancel or suspend your account.

7. We reserve the right to modify or terminate the Service for any reason (with or without notice) at any time.

Payment, prices and deleting your account

8. A valid credit card is required to pay for your account. The name that will appear on your statement will be Batch Trading Company.

9. Your credit card details will be encrypted and securely stored by Chargify or another suitable third party so we can automatically bill you on a monthly or annual basis (depending on which you selected when you signed up). Batch Trading Company will not store or have access to your credit card details.

10. All our prices are exclusive of all taxes except New Zealand GST (where applicable). You are responsible for any claims by any tax authority for any underpayment of any tax or levy.

11. The prices of our plans are subject to change. We’ll give you 30 days notice of any change.

12. You can delete your Responsinator account at any time on the Account page.

13. If you delete your account we will not charge you again, and we’ll remove your details from our credit card system. We will NOT refund you for the current month.

Warranty, liability and indemnity

14. All implied conditions, guarantees and warranties are expressly excluded to the maximum extent permitted by law.

15. Of course nothing in these Terms of Service is intended to limit or exclude any liability that cannot be excluded by law. Liabilities that cannot be excluded will be limited to the cost of supply the Services for 12 months.

16. Batch Trading Company won’t be liable for any loss or damage of any nature whatsoever (whether direct, indirect, incidental, special, consequential, exemplary or otherwise) related to your use or inability to use Responsinator.

17. You agree to fully indemnify Batch Trading Company, its related companies and their directors, agents and employees for all losses, costs, liabilities and damages (including all legal fees and expenses) claimed by any third party as a consequence of any act or omission by you, any unauthorised access or use of the Responsinator website or Services by you, any breach of these Terms by you, or your violation of any law or the rights of any third party.

More legal nitty gritty

18. These Terms of Service are governed by New Zealand law and any matter related to these Terms will fall under the exclusive jurisdiction of the New Zealand courts.

19. If we don’t exercise or enforce any of the Terms it’s not a waiver of that Term. If it turns out that any of these Terms are illegal or unenforceable then that does not affect the legality or enforceability of any other Term.

20. These Terms of Service are the entire agreement between you and us and govern your use of Responsinator. They supersede any prior agreements between you and us (including any prior versions of the Terms of Service).

You made it! Congratulations! Again, if you have any questions or concerns get in touch with us: us@responsinator.com.

Effective: 1 November 2013