Terms and Conditions

1.1 Acceptance of terms and conditions

These terms and conditions are the terms on which WAVY GROUP offers you access to the Crush Corner services, website and/ or application. By registering as a member you accept these terms and conditions, as modified by us from time to time. If you do not accept these terms and conditions, you must not use the Crush Corner services.

1.2 Alterations of Terms and Conditions

These terms and conditions may be altered, in whole or in part by WAVY GROUP LIMITED from time to time. These alterations will be effective immediately upon posting of the altered terms and conditions on the this website and/or application. You are responsible for ensuring that you are familiar with the latest terms and conditions made available. Your use of Crush Corner services or this website represents your agreement to be bound by the modified terms and conditions.

1.3 Terminology

• ‘member’ means any registered member of Crush Corner including premium members.
• ‘WAVY GROUP’, ‘we’, ‘us’, and ‘our’ are references to WAVY GROUP LIMITED.
• ‘profile’ means the profile details that you submit to Crush Corner from time to time.
• ‘services’ means any one or more of the services offered by WAVY GROUP from time to time, including Crush Corner, message boards, and any other services that WAVY GROUP may offer.
• ‘you’ and ‘your’ are references to you the member.
• ‘Crush Corner’, ‘website’, ‘site’, ‘application’, and ‘app’ means crushcorner.nz website and/or application and any other related website and application through which the Crush Corner services are offered.

2.1 You may not be a member of this website and/ or application if:

a. You cannot form a legally binding contract. By registering as a member, you warrant to us that you can form a legally binding contract. In any case, you must be at least 18 years old to become a member.

b. You have ever been convicted of breaching a protection order, of a violent or sexually related criminal offence or any dishonesty offence.

c. You are directly or indirectly involved (in any capacity) in the operations of a service that competes with the services.

d. You are currently in a marriage or long term relationship.

e. You are not currently living in New Zealand.

2.2 Liability and Removal

WAVY GROUP employs staff to monitor profiles and photos. Without limiting any other remedies available to us, we reserve the right at any time to suspend or remove you, your access to any services, your profile and any content you submit, from the website at our sole discretion. When exercising this discretion, we may consider any on-site or off-site conduct that puts our community or systems at risk. If we do remove your profile or any content you submit we will not be liable to you in any way.

3.1 You are solely and legally responsible for:

a. The content and legality of all information contained in your profile.

b. The content and legality of any material, including photos and messages, you post to or enter on the website and/or application.

c. All of your communications with and behaviour towards other members.

d. Compliance with all applicable laws at all times when using the services and/or the website or in circumstances arising out of your use of the services and/or the website.

WAVY GROUP is not responsible for any profile or other content posted or entered on the website and/or applicaiton.

You should not include any identifying information or illegal or unlawful information in your profile details.

Information you provide in your profile may be published through on the website and/or application.

We reserve the right to store any information you enter, even if deleted from tools provided on the website and/or application.

3.2 Contact with Other Members

You make contact with other members entirely at your own risk. You are legally responsible for your own actions. You agree that WAVY GROUP has no responsibility or liability for any actions of you or other members including, without limitation, members that have registered under false pretences or who attempt to defraud or harm you. WAVY GROUP is not responsible for ensuring members comply with these terms and conditions.

3.3 Communication Protocol

You must not communicate with, or attempt to communicate with, any person who has indicated that he or she does not wish to communicate with you or to continue to communicate with you.

3.4 Assistance Request

WAVY GROUP may be requested to assist in any prosecutions or other proceedings brought by members or third parties against other members and will do so if required by law or if we believe a member has breached our terms and conditions. You agree to us providing such assistance, including the release of any relevant information we may hold about you.

3.5 Misrepresentation Caution

Members may not be who they say they are. Although we employ technology and staff to protect members, WAVY GROUP is unable to confirm that any member on this website is who they say they are. You must therefore exercise caution when dealing with other members. As an internet-based service, there are risks of members misrepresenting themselves or presenting themselves under false pretences. This includes misrepresentations about age, gender, marital status or any other attribute which we ask the member to provide. It is also possible that members from other countries will access this service. It may not be practically possible for WAVY GROUP to enforce these terms and conditions against such members.

3.6 Account Modifications

Without limiting any right that we may have, we may, at our sole discretion, edit, modify, or delete content from your profile details, delete any other content or material you have posted to the website, and/or application or suspend or cancel your membership if we believe that content entered creates, or may create, liability for WAVY GROUP or if we believe the information to be inappropriate or if we believe you have breached these terms and conditions. We are not liable to you if we exercise any of these rights, including cancellation of any type of membership.

3.7 Breach of Terms and Conditions

WAVY GROUP reserves the right to decline to register or to suspend or terminate your membership without entering into further discussions with you. Without limiting the foregoing, WAVY GROUP may terminate your membership if:

a. a serious complaint or multiple complaints are received about you from other members,

b. you breach these terms and conditions,

c. you impersonate another member, or

d. you have previously been banned from using this or any other service offered by WAVY GROUP, or

e. if we, in our sole discretion, deem your behaviour to be unacceptable.

Members who have registered under multiple aliases will have all of their aliases disabled.

4.1 Personal Information

You will provide complete and accurate personal information when registering to use the service including your first names and surname. You will maintain your personal information as supplied to us to keep it true, accurate and complete at all times. WAVY GROUP reserves the right to contact you from time to time to verify your details.

4.2 Compliance with All Applicable Laws

You agree to comply with all applicable laws when using the services and dealing with other members.

4.3 Account Disclosure

You are responsible for keeping your password secret and secure. Without limiting the foregoing, you agree:

a. not to permit any other person to use your user name and password; and

b. not to disclose, or provide to any other person, your password.

4.4 Website / Application Damage and Harm

You will not attempt to damage or harm the website and/or application or the services. This includes and is not limited to any part of the website and/or application, any equipment or network which is our data is stored, any data, any other software used in the provision of our website and/or application.

4.5 Commercial Purposes

You will not use the website and/or application for commercial purposes or for the promotion of any business.

4.6 Website / Application Usage

You will only interface with this website manually and through a web browser or through the application (if applicable). You are not permitted to programmatically or otherwise automatically interface with this website and/or application. This includes interfacing for the purposes of harvesting information from this website and/or application.

4.7 Information Provided

You will not enter obscene, abusive, defamatory, threatening, harassing, illegal or objectionable material on the website and/or application. This includes messages, images, the information in your profile or any other form of information that can be entered on the website and/or application (including communications with other members). WAVY GROUP will be the sole judge of what is considered a breach of this obligation. WAVY GROUP reserves the right to refer such material to the relevant authorities to consider prosecution, or to assist other members in the prosecution of members.

4.8 Non-transferable

Members' accounts, including premium members' accounts, are not transferable.

4.9 Discussion Restrictions

You must not use the Crush Corner messaging system for the discussion of competing services or any illegal or unlawful activity.

4.10 Personal Information

You must not enter any contact or identifying information in your profile details. This includes, but is not limited to, your email address, phone number, or physical address.

4.11 Information Disclosure

You must not disclose any details of any other members or disclose personal information of others through the Crush Corner message boards, and/or otherwise.

5.1 Paid Memberships

WAVY GROUP offers paid memberships. The fees specified on the website and/or application are payable in advance and are non-refundable. Fees paid will not attract credit interest or other financial charges. In the event that you are removed from a website and/or applicaiton for breach of our terms and conditions or for any other reason, your remaining subscription will be lost and is not refundable.

5.2 GST

The fees specified on the website and/or application include all applicable taxes, including sales tax and consumption taxes such as goods and services tax (GST).

5.3 Fee Structure

WAVY GROUP reserves the right to change the fees charged or introduce fees for any of the services at any time. If we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.

You expressly understand and agree that:

a. Your use of the website and/or application and the services is at your sole risk. WAVY GROUP expressly disclaims, to the maximum extent permitted by law, all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.

b. WAVY GROUP makes no warranty, to the maximum extent permitted by law, that i) the services provided will be uninterrupted, timely, secure, or error free, ii) the information provided on the website and/or application is error-free or reliable, iii) the quality of any products or services obtained through the website and/or application will meet your requirements, or iv) members are who they say they are.

c. No advice or information that is obtained by you from WAVY GROUP or otherwise shall create any warranty not expressly stated in the Terms and Conditions.

d. Responsibility for the content of advertisements appearing on the website and/or application (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the website does not constitute WAVY GROUP’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

You expressly understand and agree that:

a. WAVY GROUP shall not be liable under any circumstances for any direct, indirect, incidental, special, consequential or exemplary loss or damages, including but not limited to damages for loss of profit, goodwill, use, data, or other intangible losses that result from the service, or the inability to access the service.

b. WAVY GROUP shall not be liable for the cost of procurement of substitute goods or services resulting from services provided by WAVY GROUP.

c. WAVY GROUP shall not be liable for the conduct or statements of members or third parties in relation to the service.

You agree to indemnify fully WAVY GROUP from and against all claims, liability, loss, costs and expenses (including the full amount of legal costs) incurred or suffered by WAVY GROUP in respect of or in connection with:

1. information contained in your profile;

2. any material, including (without limitation) photos and messages, you post to or enter on the website and/or application;

3. your communications with or behaviour towards other members;

4. any death, personal injury or damage to property you may cause;

5. your breach of these terms and conditions or any applicable laws.

9.1 System Integrity

WAVY GROUP will use its reasonable endeavours to ensure the availability of the website and/or application and services, subject to any downtime required for maintenance. However, WAVY GROUP takes no responsibility for any system unavailability, or for any loss that is incurred as a result of website and/or application or services being unavailable. Further, WAVY GROUP assumes no responsibility for the corruption of any data or information held by WAVY GROUP.

9.2 Resolution of Disputes

As WAVY GROUP is not a party to any dispute between you and another member, you agree:

1. not to involve, or attempt to involve, WAVY GROUP in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided; and

2. not to use the services or website and/or application to engage in or attempt to resolve the dispute.

9.3 Unavoidable Occurrence

WAVY GROUP has no liability for any lack of performance, unavailability or failure of the services or the website and/or application, or for any failure of WAVY GROUP to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of WAVY GROUP.

9.4 No Waiver

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

9.5 Partial Invalidity

If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

9.6 Governing Law

These terms and conditions and your membership are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

9.7 Intellectual Property Rights

WAVY GROUP (and its licensors or suppliers, as the case may be) owns all intellectual property rights and other proprietary rights in the website and/or application (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the website and/or application. You may not without our prior written permission, in any form or by any means:

1. adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the website; or

2. commercialise, copy or on-sell any information or items obtained from any part of the website and/or application.

9.8 Entire Agreement

These terms and conditions, our privacy policy and the code of ethics supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written and constitute the entire agreement between the parties relating to the subject matter of these terms and conditions.

9.9 Privacy Policy

Please refer to our privacy policy. WAVY GROUP collects personal information about you through your use of Crush Corner services and the website and/or application, including:

1. your registration details; and

2. information relating to your use of Crush Corner and the content you post and access.

You agree that WAVY GROUP may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other WAVY GROUP products and services to you, and for any other use that you authorise.

We will never sell or rent your personal information to third parties.

We release personal information only with your permission (including as outlined in our Privacy Policy), or when we believe release is appropriate for legal compliance and law enforcement (such as to government agencies with statutory law enforcement responsibilities); to facilitate court proceedings; enforce or apply our terms and conditions; or to protect the rights or safety of our users or others.

9.10 Emails and Newsletters

WAVY GROUP will send you emails relating to your membership, transactions and other activities on the website and/or application, and for promoting and marketing other WAVY GROUP products and services to you. WAVY GROUP may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our site must not be framed, nor may you create a link to any part of our website other than the home page.

12.1 Photo Guidelines.
All photos uploaded must meet our photo guidelines as set out below:

• not contain nudity (or suggestive partial nudity).
• not portray hate or hate crimes.
• not contain violence.
• not contain offensive gestures or language (English Only).
• not contain drugs, drug paraphernalia, or drug use.
• not appear blank or broken.
• contain at least a single full human recognisable face.