TERMS OF USE AND PRIVACY POLICY (the "Terms")

Profile Technology Limited, and for the purposes of the Privacy Policy Christopher L Claydon, ("we", "us", or "our") are a Platform Developer committed to creating and developing new Platform Applications for Facebook ("Platform Applications") (both terms which are defined in the Facebook Privacy Policy). Where we collect personally identifiable information from you ("Personal Information") we will deal with that information in accordance with these Terms and in particular our Privacy Policy set out below.

Use of Our Platform Applications
We have created various Platform Applications and this document (together with the documents referred to on it and the Platform Application Terms of Use (which you agreed to via Facebook)) sets out the Terms on which you may make use of our Platform Applications. Please read these Terms and the associated documentation carefully before you start to use the Platform Applications. By using any of our Platform Applications, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using our Platform Applications.
Please note that where there is a conflict between these Terms and the Platform Application Terms of Use, these Terms shall apply.
We have endeavoured to be honest and accurate about what our Platform Applications do and how we use your Personal Information but, if you have any queries after reading this document, the FAQ pages and the help links in the top right corner of our Platform Application that you have a query about, please contact us using the address at the bottom of this page.

Information submitted by you
We process your Personal Information in accordance with our Privacy Policy. By using any of our Platform Applications, you consent to such processing and you warrant that all information provided by you is accurate.
The Facebook Platform does not give us access to your e-mail address, personal website, instant messenger ID, telephone number or street address ("Contact Information") and Facebook will only disclose your other profile information to us in accordance with the Facebook Privacy Policy.
Some of our Platform Applications ask you to submit Contact Information. If you choose to complete and submit forms via our Platform Applications, we will collect your Contact Information in accordance with these Terms and our Privacy Policy. If you do not want us to use your Contact Information, either do not use the relevant Platform Application or do not enter that information or submit the relevant form.

Accessing our Platform Applications
Access to Platform Applications is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice. We will not be liable if for any reason any of our Platform Applications are unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Platform Applications. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
You are responsible for making all arrangements necessary for you to have access to our Platform Applications. Please do not allow anyone else to use or access our Platform Applications through your Facebook Account - this is against Facebook‟s policy. If you do so, you are also responsible for ensuring that all persons who access our Platform Applications through your Facebook Account are aware of these Terms, and that they comply with them.

Reliance on information posted
Discussions, chats, postings, transmissions, dialogue, commentary or any other material available on our Platform Applications are not intended to amount to advice on which reliance should be placed. You should seek independent advice before making a decision based on any of the information on our Platform Applications or on any website linked to or from our Platform Applications. We disclaim all liability and responsibility arising from any reliance placed on that information by any user of our Platform Applications, or by anyone who may be informed of any of its contents.

Prohibited uses
You may use our Platform Applications only for lawful purposes. You may not use our Platform Applications:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our Platform Applications in contravention of these Terms.
Not to use page scraping or other automated techniques to capture data made available or displayed via our Platform Applications.
Not to use any aspect of our Platform Applications other than via the standard user interface as provided.
Not to access without authority, interfere with, damage or disrupt:
any part of our Platform Applications;
any equipment or network on which our Platform Applications are stored;
any software used in the provision of our Platform Applications; or
any equipment or network or software owned or used by any third party.

Interactive services
We may from time to time provide interactive services on our Platform Applications ("Interactive Services"), including, without limitation:
Chat rooms.
Bulletin boards.
Where we do provide any Interactive Services, the Interactive Services are not moderated. We will not be responsible as author, editor or publisher of any contribution submitted to the interactive services and we expressly exclude our liability for any loss or damage arising from the use of the Interactive Services by any person in contravention of these Terms. We reserve the right to promptly remove, or to disable access to, any contribution which we deem to be potentially defamatory of any person, unlawful or in violation of any third party rights.
We are under no obligation to oversee, monitor or moderate any Interactive Services we provide on our Platform Applications, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Services by a user in contravention of these Terms, whether the service is moderated or not.
The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any interactive service should be made aware of the potential risks to them.

Content standards
These content standards apply to any and all material which you contribute to our Platform Applications ("contributions"), and to any Interactive Services associated with them.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contributions as well as to its whole.
Contributions must:
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in New Zealand and in any country from which they are posted.

Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right, trade mark or any other intellectual property right of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Platform Applications.
Failure to comply with these Terms may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our Platform Applications.
Immediate, temporary or permanent removal of any contribution made by you to our Platform Applications.

Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.

Our Platform Applications change regularly
We aim to update the Platform Applications regularly, and may change the content at any time. If the need arises, we may suspend access to Platform Applications, or close them down indefinitely. Any of the material on the Platform Applications may be out of date at any given time, and we are under no obligation to update such material.
You are reminded to update the information you have supplied via the Platform Application known as Advanced Search each time you update your Facebook profile by using the edit profile option in that Platform Application.

Our liability
The material displayed on or through our Platform Applications is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with our Platform Applications or in connection with the use, inability to use, or results of the use of any of our Platform Applications, any websites linked to it and any materials posted on it, including, without limitation any liability for:
o loss of income or revenue;
o loss of business;
o loss of profits or contracts;
o loss of anticipated savings;
o loss of data;
o loss of goodwill;
o wasted management or office time; and
o any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Uploading material
Whenever you make use of a feature that allows you to upload material to our Platform Applications, or to make contact with other users of our Platform Applications, you must comply with these Terms and you indemnify us for any breach of these Terms.
Any material you upload to our Platform Applications will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Platform Applications constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any contribution posted by you or any other user of Platform Applications.
We have the right to remove any contribution you make on our Platform Applications if, in our opinion, such contribution does not comply with these Terms or where there are multiple postings made of the same or similar content.

Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Platform Applications (save those underlying rights in the Facebook Platform and Facebook Site together with any derivative works and associated intellectual property rights that are retained by Facebook in accordance with their Developer Terms of Service). These works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials created by our Platform Applications for commercial purposes (whether or not for commercial gain) without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Platform Applications in breach of these Terms, your right to use our Platform Applications will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
By submitting a contribution, you agree to grant us a non-exclusive licence to use that contribution. Although you will still own the copyright in your contribution, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your contribution. This licence will be free of charge, perpetual and capable of sub-licence. We may exercise all copyright and publicity rights in the material contained in your contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. If you are not in a position to grant such a licence to us, please do not submit the contribution.
Please also note that, you must ensure that your contribution does not infringe any copyright, trade mark or any other intellectual property right of any other person. By submitting your contribution, you are warranting that you have the right to grant us the non-exclusive copyright licence described above.
We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Platform Applications constitutes a violation of their intellectual property rights, or any other right.

Complaints
If you wish to complain about any contribution which is posted to our interactive services, please contact us using the address at the bottom of this page. We will then review the contribution and decide whether it complies with these Terms. We will deal with any contribution which, in our opinion, violates these Terms. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.

Viruses, hacking and other offences
You must not misuse any of our Platform Applications by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform Applications, the server on which our Platform Applications are stored or any server, computer or database connected to the Platform Applications. You must not attack the Platform Applications in any way.
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 our Platform Applications or to your downloading of any material posted on them, or on any website linked to them.

Linking to Platform Applications
You may link to our Platform Applications, 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.
Our Platform Applications must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with these Terms.
If you wish to make any use of material on the Platform Applications other than that set out above, please contact us using the address at the bottom of this page.

Links from Platform Applications
Where our Platform Applications contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Payments and Points
Any payments which are taken within our Platform Applications are made exclusive of any taxes which may be payable on them and are processed by PayPal.com. Any dispute or error regarding payment should be resolved through the channels provided on www.paypal.com or contact us using the address at the bottom of this page. „Points‟ which have been purchased by you (or on your behalf) in respect of any of the Platform Applications are:
non-transferrable
non-refundable
non-exchangeable
and may only be used for the purposes set out in our Platform Applications. We reserve the right to change the number of points required for using aspects of our Platform Applications from time to time and will post any changes in the relevant part of our Platform Applications.

Jurisdiction and applicable law
The New Zealand courts will have non-exclusive jurisdiction over any claim arising from, or related to, your use of the Platform Applications although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by New Zealand law.

Variations
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Platform Applications.

Your concerns
If you have any concerns about material which appears on or is used by our Platform Applications, please contact us using the address at the bottom of this page. with specific details of your concerns and direct link to the relevant content (where appropriate). Thank you for using our Platform Applications.

Privacy Policy
This Privacy Policy sets out the basis on which we will deal with any Personal Information we collect from you, or that you provide to us. We have adopted our Privacy Policy so that our collection, storage, use and disclosure of your Personal Information complies with the Privacy Act 1993. By using our Platform Applications, you agree to this Privacy Policy. Information we may collect from you

We may collect and process the following information about you:
Information that you provide by filling in forms on the Platform Applications. This includes information provided at the time of registering to use Platform Applications, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with any of our Platform Applications.
If you contact us, we may keep a record of that correspondence.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of your use of the Platform Applications including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access.
Any other information which you submit to Facebook and which is made available by Facebook for use by Platform Developers in accordance with the Facebook Developer Terms of Service, including but not limited to the Facebook Site Information as defined in the Platform Application Terms of Use.

IP addresses and cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual. Please note that we may use geolocation software which may identify your IP address as belonging to a particular area. This is not 100% accurate but may lead to the disclosure of the region in which you live. For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our Platform Applications and to deliver a better and more personalised service. They enable us:
To estimate our audience size and usage pattern.
To store information about your preferences, and so allow us to customise Platform Applications according to your individual interests.
To speed up your searches.
To recognise you when you return to Platform Applications.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of Platform Applications. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to Platform Applications.

Where we store your personal data
The information that we collect from you may be transferred to, and stored at, a destination outside New Zealand. It may also be processed by staff operating outside New Zealand who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing and processing.

All information you provide to us is stored on our secure servers. Any payment transactions will be dealt with by PayPal. Where we have given you (or where you have chosen) a password which enables you to access certain parts of Platform Applications, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not necessarily secure. Although we will do our best to protect your personal data, we cannot guarantee the security of information about you when it is transmitted to and from our Platform Applications; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

We also regularly backup information and data that we hold to improve the integrity of our Platform Applications in the event of a system failure. Please note that these backups may be stored indefinitely and will hold a snapshot of the information we held about you at that time. Therefore, any changes that you make to the information you supplied to us after the date of the backup will not change the information contained in that backup. Where it is necessary to restore data from a backup copy, recent changes may be lost and old or deleted content may reappear on the system. We will use our reasonable endeavours to alert you to this fact where it is deemed necessary but are under no obligation to do so. It is up to you to ensure your details are up to date.

Use of your information
We may use your Personal Information held about you in the following ways:
To be used in conjunction with any of our Platform Applications.
To ensure that content from our Platform Applications is presented in the most effective manner for you and for your computer.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To allow you to participate in interactive features of our service, when you choose to do so.
To notify you about changes to our service.
For any other purpose related to, or arising from, the above purposes.

If you do not want us to use your information in this way, or to pass your details on to third parties for these purposes, please do not tick the relevant box situated on the form on which we collect your information or do not enter your e-mail address (the "Registration Form").

We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the Personal Information we collect from you to enable us to comply with our advertisers' wishes by displaying their advertisement to you. Disclosure of your information
If we incorporate, you agree that your information can be passed to the new company and we may disclose your Personal Information to any member of our group. We may disclose any Personal Information you provide us to any third parties for any purposes, including (without limitation):
In the event that we sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business or assets and they will be able to use such information in accordance with the Terms.
If disclosure is required for the ordinary operation of the Platform Application, our business, or any third party's.
If we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or in order to enforce or apply our Terms and other agreements; or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Your rights
You have the right to ask us not to process your Personal Information for marketing purposes. We will usually inform you (before collecting your Personal Information) if we intend to use your Personal Information for such purposes or if we intend to disclose your Personal Information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your Personal Information. You can also exercise the right at any time by contacting us using the address at the bottom of this page, or by using the unsubscribe link on marketing e-mails we have sent to you.

Our Platform Applications may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Your Access to your Personal Information
If we hold Personal Information about you, you may request access for amendments to Personal Information at any time. If you wish to do so, please contact us.

Changes to our Privacy Policy
We may revise this Privacy Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.

Contact
Questions, comments and requests regarding the Privacy Policy or these Terms generally are welcomed and should be addressed by email to help (AT) profiletechnology.net or by post to: Profile Technology Ltd, PO Box 97140, Manukau 2104, Auckland, New Zealand.