Any User (as defined below) must agree to the following terms (“Agreement”) ahead of receiving any Services from Storbie or engaging with Storbie in any way. “Storbie”, “we”, “our” or “us” means Storbie Limited of Wellington, New Zealand. In these terms, “you” means you. However, if you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that company or entity to this Agreement, in which case references to “you” are references to that company or entity. If you do not agree to the terms of this Agreement, or do not have the authority mentioned above, you are not permitted to be a User of any type (as defined below) or otherwise engage with Storbie and/or the Service supplied by Storbie.
A User is any of the following:
You are an Anonymous User if you are browsing a Storbie Website or Storbie Customer Website without logging in with a Storbie Login.
You are an Authenticated User if you are browsing a Storbie Website or Storbie Customer Website after logging in with a Storbie Login.
Someone who has back-office administrator access to a Storbie Customer Website through a Storbie Login.
Anyone who accesses a Storbie Customer Website who does not have back-office administrator access.
The person who is configured as the owner of a Storbie Customer Website. Unless specified otherwise, this is likely to be the person who initially created the website.
A 3rd party organisation that supports Storbie Customers with their Storbie Customer Website, such as:
A website hosted by Storbie that represents a Storbie Customer business, such as:
A type of Storbie Customer Website which displays products, services and other information and optionally offers those products or services for sale over the internet. This includes Storbie Aggregation Website Listings which are mini Storbie Customer Websites that are sometimes created by Storbie Aggregation Websites.
A type of Storbie Customer Website, such as an online marketplace, which aggregates products and other information from multiple Storbie Customer Websites into a unified experience.
A type of Storbie Customer Website which supplies product metadata and other content to Storbie Shop Websites and sometimes fulfils orders on behalf of those shops.
Services means all services provided by Storbie to Users from time to time, including but not limited to the services provided by Storbie to grant you the right to access and use a Storbie Website or Storbie Customer Website or the right to be a User.
Storbie IP means all rights, title and interest, including intellectual property rights (for example, copyright, patents, trademarks and designs, whether registered or not) on or in a Storbie Customer Website or Storbie Website (including but not limited to in the user interface, design, and look-and-feel of these websites) and in any ideas, concepts, know-how, processes, software, stock imagery, documentation or materials underlying these websites or that Storbie otherwise supplies or makes available to you; and as they are created, any improvements or changes to any of the above, including any improvements or changes made after the date of this Agreement.
A username and password used to identify yourself when using a Storbie Website or Storbie Customer Website.
A website on the storbie.com or mystorbie.com domains such as www.storbie.com, secure.storbie.com, account.storbie.com and my.storbie.com.
As long as you comply with the terms of this Agreement and pay all relevant fees Storbie will allow you to be a User. This right is not exclusive to you and cannot be transferred by you to anyone else. This right is limited by these terms (including our rights to end this Agreement) and any other limitations that we may inform you of from time to time. You acknowledge that this Agreement (as applicable) will apply to you while you receive any Service from Storbie including in the event that you become a User in a different form or forms during the term of your Agreement with Storbie. You will only be bound by those terms that apply to the type of User you are at any particular time. For example, a Storbie Customer Shopper will not be bound by the provisions relating only to a Storbie Customer. However, should you become a Storbie Customer after first being a Storbie Customer Shopper then you will become bound by such provisions. Storbie will use its reasonable efforts to ensure that the Services are properly provided to you. However, we do not guarantee or represent that these Services will be error-free, uninterrupted, continuously available, secure, private, or free from viruses or malicious programs or compatible with any hardware or software you might use. Storbie is not responsible for any delay or failure caused by anything beyond its reasonable control. From time to time, Storbie may need to carry out maintenance that will interrupt access to the Services provided by Storbie. Storbie reserves the right to make changes over time to the provision of Services to you or the Storbie Websites, including to the format, layout, look-and-feel, and functionality of websites. Storbie reserves the right to view any aspect of the Service provided to you including any part of a Storbie Customer Website owned by you and details of any orders. You acknowledge that, if applicable, you are acquiring a website for the purposes of a business and accordingly the provisions of the Consumer Guarantees Act 1993 (“CGA”) do not apply. Where the provision of Services to you, other than the acquisition of a Storbie Customer Website, is for the purposes of a business you also acknowledge that the provisions of the CGA do not apply.
As a Storbie Customer Shopper you acknowledge that you have no rights as against Storbie whatsoever for any purchase made from a Storbie Customer Website, including but not limited to, any claim under the CGA or Fair Trading Act 1986 (“FTA”).
Storbie provides no guarantee to any User that that the provision of Services to that User will have any material effect on their business including, without limitation, increasing sales or search engine ratings.
You must pay all applicable fees for the provision of Services to you (plus all applicable taxes) in accordance with the then current fee and payment terms as are notified to you from time to time either via the backend of a Storbie Customer Website or otherwise. We may require you to set up an automatic payment to Storbie or provide us with your credit card details so that we can debit your account for the applicable fees.You hereby authorise Storbie to debit your account in this way. If you provide a refund to a third party for any reason, we are not liable to refund any transaction fees we may have charged you.
The fees charged by Storbie for the provision of Services are exclusive of taxes. We will charge taxes (including GST) when required to do so. A tax invoice will be issued to you upon request or if otherwise required to do so.
You may choose to include your Storbie Customer Website in a Storbie Aggregation Website. A Storbie Aggregation Website displays products and content from multiple Storbie Customer Websites. By including your Storbie Customer Website in a Storbie Aggregation Website you agree:
As a Storbie Customer you acknowledge that Storbie cannot be held responsible in any way for where your website(s) appear in any search results on a Storbie Aggregation Website or otherwise.
Services provided by Storbie integrate with Storbie Partners, including payment gateways, suppliers
and other third-party service providers. Where you wish to set-up and/or configure third party services with
Storbie Partners, such as payment gateways, we may require you to send certain information to Storbie.
If you do not send Storbie such information, Storbie may not be able to provide you with certain Services
and we are entitled, at our sole discretion, to suspend the provision of Services to you or terminate this
Agreement or your access to the Storbie Websites. We have no responsibility or liability for
any act or omission of any
Websites may generate financial and other information, including invoices for Storbie Customer Shoppers. Storbie accepts no responsibility for the content or accuracy of any such information generated, including as to whether it meets any legal requirements for tax or otherwise. Storbie may display certain statistics from time to time. Storbie does not guarantee the accuracy of these statistics.
Storbie may add or amend content, including product pricing, on your site, for example when setting up your Storbie Customer Website or when providing support services to you. Storbie does not guarantee that these amendments will be error free and it is your responsibility to review these changes.
Where you are a Storbie Customer, you agree that we may include a by-line and logo on your website(s) and may feature your website(s) on the Storbie website or in our advertising. For the avoidance of doubt, this is not to be taken as conferring on you any authority or licence to use Storbie’s trademarks or logos in any manner that we have not expressly authorised from time to time.
Storbie (and/or our providers as applicable) owns and shall retain all rights, title and interest in the Storbie IP. Your rights to use Storbie IP are limited to the right to be a User in accordance with the terms of this Agreement and a non-exclusive and non-transferable right to use any of the Storbie IP including any documentation that we supply to you for the purpose of receiving the Services. Your rights to use Storbie IP in this way will automatically terminate upon termination of this Agreement. You are not granted any other rights to Storbie IP. You may not copy, distribute, or modify any Storbie IP, nor are you allowed to alter, modify, tamper with, reverse-engineer or attempt to reverse-engineer any aspect of the Storbie IP including for the avoidance of doubt any Storbie Website, Storbie Customer Website or the way we provide Services to you.
You grant to Storbie a perpetual, royalty-free licence to use, display, adapt, modify, reproduce, copy, transmit, store, analyse and back up all data submitted to your Storbie Website or a Storbie Customer Website or any other data provided to Storbie, including personal data, to enable Storbie to provide and analyse the Services, to contact you in relation to the Services, to create new services and to improve, develop and protect the Services.
You agree to fully indemnify and keep indemnified Storbie, and our suppliers, directors, employees, and agents against all claims, proceedings, actions, liabilities, damages, losses, costs (both direct and indirect) and expenses (including full legal costs) arising:
The Services provided by Storbie are provided on an “as is”, “with all faults” and “as available” basis to the fullest extent permitted by law. Except as expressly stated in this Agreement, Storbie and its suppliers make no warranty of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use or non-infringement. Storbie does not guarantee that the provision of or access to your Storbie Customer Website, a Storbie Website or any other Service will be uninterrupted, error-free or free of harmful components or that any data uploaded to your Storbie Customer Website or a Storbie Website will be secure or not otherwise lost or damaged. You agree to bear the risks of conducting your business on this basis. That means, for example (but without limitation), we are not liable to you or anyone else if your Storbie Customer Website or a Storbie Website cannot be accessed for any reason, if your order or the order of a Storbie Customer Shopper is not fulfilled or is recorded incorrectly in a website, if we make changes to the content on your site, or if the Services cannot be provided to you for any reason.
Storbie shall have no liability whatsoever for checking or verifying the content or nature of any information supplied to them or to any Storbie Customer by a Storbie Partner.
To the fullest extent permitted by law, Storbie and our suppliers, directors, employees, contractors and agents (“Related Parties”) will not be liable to you, or any third party, for any loss arising out of or in connection with this Agreement or the use of, or reliance on, the Services or Storbie Websites, including but not limited to: loss or damage to information or data from any cause; breach of security or privacy; loss of profit, opportunity, or saving; or incidental, indirect, special or consequential loss or damage. If Storbie or our Related Parties are liable to you for any reason, and for any reason we have not been able to exclude that liability under this Agreement, then the maximum aggregate liability of Storbie and our Related Parties (together) to you for anything we or Related Parties have done or not done (including any breach of this Agreement) will under no circumstances exceed NZD$35. The maximum aggregate liability above, and any exclusions or disclaimers of liability in this Agreement, shall apply however liability arises, whether in contract, in tort (including negligence), for breach of statutory duty, or otherwise. Except as expressly set out in this Agreement, all representations and warranties, express or implied, are excluded to the maximum extent allowed by law.
From time to time, Storbie may change the terms of this Agreement (including the fees and payment terms) or issue additional terms. We will take all reasonable steps to give you at least 5 days’ notice in writing before any material changes take effect. Your continued acceptance of the provision of Services to you after such notice confirms you accept the amended terms.
Storbie may suspend the provision of Services to you at any time, for any reason. Where you are a Storbie Customer, we may require you to amend any aspect of a website, for example (but without limitation) we may require you to change a product description or remove an image. If you fail to amend your website in accordance with our request, we reserve the right to (but are not required to) amend your website to satisfy such a request. During the period of any suspension of Services you must still pay all applicable Storbie’s fees. However, we may at our sole discretion choose to credit you with a portion of the fees that were subject to the suspension or limitation
Storbie may terminate this Agreement with immediate effect if you are in breach of this Agreement or if you have entered into receivership, liquidation, bankruptcy, or have entered into a compromise or composition with your creditors. Storbie may also terminate this Agreement for any reason on one month’s written notice to you. Users, other than Storbie Partners, may terminate this Agreement at any time by providing Storbie with one month’s written notice. Storbie Partners may terminate this Agreement by providing Storbie with 60 days’ written notice.
If this Agreement is terminated, you agree that Storbie may collect any fees that are owed by you to us that have accrued as at the date of termination. If you have paid any fees in advance prior to termination Storbie will not refund these to you.
If we terminate or suspend access to any website that you own or manage, we will use our reasonable endeavours to supply you with information relating to any unfilled orders.
Termination or cancellation of this Agreement shall not: relieve either Storbie or you from any right, liability, or claim that has accrued before the date of termination or cancellation; or affect the provisions of this Agreement which expressly, or by their nature, survive termination or cancellation, including as are set out in the sections headed Intellectual Property, Indemnity, Limitation of liability, Terminating this Agreement and General.
Where there is any inconsistency between these terms and any additional terms we may notify you of, these terms shall take priority unless expressly stated otherwise in writing by Storbie. Any variation to this Agreement will only be effective if it is issued in writing by Storbie, in accordance with the notice provision below. Other than as expressly agreed between the parties, this Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all previous agreements, arrangements, understandings or representations relating to that subject matter. If at any time any provision of this Agreement is or becomes illegal or unenforceable the remaining provisions will continue to be binding. A waiver of any of the terms of this Agreement must be in writing and signed by the Chief Executive Officer, or equivalent, of Storbie. No delay or failure to exercise a right under this Agreement prevents the exercise of that or any other right on that or any other occasion. You may not subcontract or assign any of your rights or obligations under this Agreement. Storbie may subcontract or assign any of its rights or obligations under this Agreement. Nothing expressed or implied in this Agreement will be deemed to constitute either party as the partner or agent of the other party or in a joint venture with the other party. Any sums owing by Storbie to you can be set-off against any sums owing by you to Storbie. Any sums owing shall be paid by Storbie within 30 days of written request from you. Payments of less than NZD$100 will be deferred to the following month. In this Agreement, words in the singular number include the plural, and vice versa. Any examples in this Agreement, and references to “including” and similar words, do not imply any limitations. Any notices that you send to us must be sent by pre-paid post, fax or email to the contact details then listed on Storbie’s website. Storbie may post, fax, or email notices to you. Storbie may also give you notice upon access to any one or more of the Services. From time to time Storbie may send you information about offers that Storbie believes you may be interested in. You agree that you’re happy to receive this information electronically (for example, by email). This Agreement is governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand courts.
A User is any of the following:
You are an Authenticated User if you are browsing a Storbie Website or Storbie Customer Website without logging in with a Storbie Login.
Anyone who accesses a Storbie Customer Website who does not have back-office administrator access.
A website hosted by Storbie that represents a Storbie Customer business, such as:
Storbie collects anonymous and anonymised information about which pages you are visiting on a Storbie Website. This information is stored in Google Analytics and our own back end systems.
In addition, if you fill in a form on a Storbie Website or contact us in another way such as via a phone call or email, then you may provide us with your personal data. We may store this in our back-end systems, such as our Customer Relationship Management and Support systems.
One way we collect information is by using cookies.
Most modern browsers allow you to accept or reject cookies in the browser’s settings, however if you reject cookies our websites and Services may not work correctly under certain circumstances.
Here are some links that might assist you to change the cookie settings in your browser:
Storbie collects the same information from Storbie Customers as an Anonymous User of Storbie Sites. In addition, we collect the following information:
Storbie uses various 3rd party organisations who act as Storbie’s sub-processors to provide our Services to you such as payment, point of sale and shipping providers. Storbie will share your personal data with those providers to provide these services to you.
Storbie works with Storbie Partners who provide and support Storbie Customer Websites on our behalf. If you indicate to us that you would like to work with one of these 3rd parties (either via a Storbie Website, by email or on a phone call) we will pass your name, email and phone number on to them.
In addition, if you enable any integration services in your Storbie Customer Website, such as via an API, then any 3rd party organisation that you provide an access key to will be able to use that service to retrieve you and your shopper’s personal data.
When you request for your Storbie Customer Website to connect with a Storbie Supplier Website or Storbie Aggregation Website, then a notification is sent to that site which contains the name and email address of the Storbie Customer Website owner.
When you connect with a Storbie Supplier Website, Storbie will share with the owner of the relevant Storbie Supplier Website which specific products you have chosen to connect with.
When you connect with a Storbie Aggregation Website, Storbie will share with the owner of the relevant Storbie Aggregation Website the details of products that your Storbie Customer Website is displaying in that Storbie Aggregation Website.
Storbie will share statistics about your Storbie Customer Website with Storbie Aggregation Website and Storbie Supplier Websites such as total page hits, order counts and purchase value. These statistics will be filtered to only those that are relevant to the products and other assets, such as images, that are from or displayed in their site and will not contain any of your Storbie Customer Shopper’s personal data unless you have configured for them to receive this information in order to assist with the fulfilment of the order.
A Storbie Customer Shopper is anyone who accesses a Storbie Customer Website who does not have back-office administrator access (e.g. to view the website and buy products or services).
When you browse a Storbie Customer’s Website, Storbie collects anonymous and anonymised information about the pages you are accessing and the products you are viewing and purchasing and stores this in an anonymous or anonymised format that doesn’t contain your personal data. This information may be displayed to Storbie Customers.
In addition, if you make a purchase, Storbie collects and stores non-anonymous personal data during the checkout process such as your name, phone number, email address and contact and delivery address.
When you pay for an order using a 3rd party payment provider, you share with them your payment details such as your credit card number. Under this circumstance, Storbie collects and stores information about the transaction, such as the amount of payment and the transaction number, however your complete credit card number is never stored in Storbie’s systems. Some payment providers require Storbie to pass on your checkout details such as your name, email address and contact and delivery address information and, in these cases, we pass this information to them.
A Storbie Aggregation Website displays products and other information aggregated across a number of other Storbie Customer Websites. When you click through to a Storbie Customer Website from a Storbie Aggregation Website:
Storbie Aggregation Website are provided with aggregated information on the time and value of page views and orders across Storbie Customer Websites that you interact with after clicking through from that Storbie Aggregation Website.
Storbie Aggregation Website are never provided with information that can identify you, your personal data or the details of your individual orders unless you specifically provide it to them, for example by filling in a form on their site.
Some Storbie Customer Websites work with 3rd party sub-processors and suppliers when fulfilling your order and may configure Storbie’s system to pass some or all your information that you enter during the checkout process from that Storbie Customer Website on to those 3rd parties for the purpose of fulfilling your order.
We collect this information to:
Storbie provides aggregated page view and purchase information to 3rd parties such as its customers, on its blog, in its newsletters and press releases. This information is anonymous, aggregated, and will never contain your personal data or a way for anyone to identify your personal activity.
We will never share your personal details to 3rd parties except specified in this document unless:
The laws of some jurisdictions require that we tell you if our systems conduct any processing, including profiling, which produces a decision that is completely automated and produces legal effects concerning you or similarly significantly affects you. We do not consider that any of the automated decision-making that our system conducts fits this criteria.
Like all online services, we do undertake necessary automated decision-making and profiling in our system to make setting up and providing our Services efficient and accurate, such as pricing (if you elect certain Storbie functionality the system will automatically decide to price and bill you), payment, debt tracking, debt recovery, website hosting, goods tracking, inventory management, invoicing & ordering. If you wish our staff to review a decision taken by our system we are prepared to do so. See below under the heading ‘Who Is Your Data Controller?’ for details of how to contact us to request this.
We also conduct profiling for our general business purposes such as customer churn prediction and lead analysis. Under some circumstances we may take automated action based on this analysis. You can choose to object to this. See below under the heading ‘Who Is Your Data Controller?’ for details of how to contact us regarding this.
In general, we will continue to use and store archived copies of personal data for legitimate business purposes and to comply with the law, except when we receive a valid erasure request.
If you are a Storbie Customer and you fully delete a Storbie Customer Website that you own, or cease the required payments for that site, then that site will be purged pursuant to our standard processes. We will continue to store anonymous or anonymised information, such as usage statistics and other information about deleted Storbie Customer Websites, without identifiers, in order to improve our Services.
You can exercise any of these rights by contacting us as set out below under ‘Who Is Your Data Controller?’ below.
If you are located in the EEA, you have certain additional rights under European law regarding your personal data, including the right to request deletion, the right to data portability, and rights to object to or limit its use. To exercise these rights, see ‘Who Is Your Data Controller?’, below.
In addition, if you are located in the EEA we must ensure that any international transfers of data comply with European laws. Our infrastructure providers are both Privacy Shield certified, and transfers to and from New Zealand are legal due to the adequacy decision that New Zealand holds from the European Commission. See below under the heading ‘Where does Storbie store data?’.
Under European law we are also required to tell you the legal grounds we rely on to process your information. We generally process your personal data in order to fulfil contracts we might have with you (for example if you set up a Storbie Customer Website), or otherwise to pursue our legitimate business interests, unless we are required by law to obtain your consent (such as to contact you with marketing material).
Storbie’s hosting providers, including the database systems that store your personal data are Microsoft Azure and Amazon Web Services in Australia & the USA. Storbie is headquartered in New Zealand and your personal data may be transferred there from time to time for legitimate business purposes necessary for providing the Services to you.
If you check this box you will receive email from Storbie relating to:
If you choose to 'Include ecommerce related offers from 3rd parties' then you will also receive
If you check this box you will receive email from Storbie relating to:
After opting in to receive the above information, you will be able to easily opt out again by clicking on the unsubscribe link that will be included at the bottom of all marketing emails sent to you. You will also be able to opt out at any time by emailing email@example.com.