Terms & Conditions

1. Acceptance

This website is operated by Cool Points Club trading as Cool Gram (WE, OUR or US). It is available at: www.coolgram.club and may be available through other addresses or channels (collectively the SITE).

By accessing and/or using the Site you:

  • agree that you have reviewed these Terms and Conditions (TERMS) and our Privacy Policy (available on the Site);
  • confirm to us that you are over 18 years of age and you have the legal capacity to enter into a legally binding agreement with us; and
  • agree to use the Site in accordance with the Terms.

2. Account

You are required to create an account in order to purchase products from us. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

When you create an account, you will be asked to input basic contact information such as your name, email address, and Instagram handle. You will also be asked to choose a username and password.

It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including any purchases made using your account details.

3. Orders

You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including any other charges and taxes) at the time you place your order.

You may make an order for:

  • a one-off purchase (ONE-OFF PURCHASE);
  • a one-month or one-year subscription, as described on the Site (SUBSCRIPTION).

We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.

It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.

When you order and pay on the Site and your payment has been validated, we will provide you with order details, which may include an order number, an order ID, the billing address, and a description of what was ordered.

4. Subscription

When you place an order for a Subscription you must choose a time period (either 1 month or 1 year).

Your Subscription will automatically renew each billing cycle based on your chosen Subscription. You will be charged for each order on the calendar day corresponding to when you first placed your order for your Subscription (BILLING DAY).

Varying and cancelling your Subscription

You may change the frequency of your Subscription at any time by cancelling your Subscription on the Site, and repurchasing a new Subscription plan.

Your Subscription automatically continues until cancelled in accordance with the ‘Cancellation’ clause.

Price & Payments

One-Off Purchase

You must pay us the purchase price of each product you order as set out on the Site (the PRICE) in accordance with this clause.

In the event of a One-Off Purchase, you must pay the Price via credit card or any other payment methods set out on the Site such as Stripe.

Subscription

In the event of a Subscription:

  • you must pay us the fee for your Subscription and any other amount payable to us under these Terms (SUBSCRIPTION FEE), without set off or delay via credit card or any other payment methods set out on the Site;
  • you must pay us the Subscription Fee in advance of the next billing cycle on your Billing Day.
  • you are responsible for reviewing the pricing schedule, inclusions, and exclusions associated with your Subscription.

General

All amounts are stated in US dollars and are inclusive of GST (where applicable).

You must not pay, or attempt to pay, the Price or Subscription Fee by fraudulent or unlawful means.

To the extent permitted by law, the Price and/or Subscription Fee are non-refundable and non-cancellable once paid.

If any payment in relation to a Subscription Fee has not been made as set out on the Site or in the Terms, we may (at our absolute discretion) immediately cease supplying the products.

We may modify our Subscription Fee from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. The notice may be provided at any time via email. If you do not agree to the price change, you may cancel your Subscription in accordance with the ‘Cancellation’ clause.

6. Promotional Discount Codes

We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued.

7. Cool Art

On completing an order on the Site, you gain access to our Cool Art gallery.

Cool Art is available for all live subscribers to reshare on their own Instagram accounts. We ask that as part of the usage that the artist is ‘tagged’, and the hashtag “#🆒gram” is used.

8. Cancellation

You can cancel your Subscription and terminate these Terms at any time by notifying us in writing and/or updating your account on the Site. You must notify us in writing and/or update your account at least 2 business days prior to the next Billing Date. If you cancel your Subscription less than 2 business days prior to the next Billing Date, you will be charged the Subscription Fee on the next Billing Date and your cancellation of the Subscription will be effective for the following period.

We may immediately suspend, terminate, or limit your access to and use of the Site and terminate these Terms, if you breach the Terms (including your obligation to pay the Subscription Fee) and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach.

If your Subscription is cancelled and you later decide to re-subscribe, you will be charged at the then-current Subscription Fee.

9. Intellectual Property

All intellectual property (including copyright) developed, adapted, modified, or created by us or our personnel (including in connection with the Terms and the Site) will at all times vest, or remain vested, in us.

In consideration for the payment of the Subscription Fee we grant you a non-exclusive, non-transferrable (except with our written permission) non-sublicensable, personal and revocable licence to access and use the ‘Account features’ described above and as further described on the Site.

You must not, without our prior written consent:

  • copy or use, in whole or in part, any of our intellectual property;
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party;
  • breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property;
  • causing any of any of our intellectual property to be framed or embedded in another website;
  • or creating derivative works from any of our intellectual property.

10. User Content

You may be permitted to post, create, upload, publicise, or otherwise submit content (SUBMIT), such as pictures and videos (Cool Art) (USER CONTENT). You must Submit User Content in accordance with the Terms.

We reserve the right to remove any Cool Art which we, in our sole discretion, deem to be in breach of these terms and deem to be inappropriate including content that:

  • defame, harass, threaten, stalk, menace, track, monitor, hurt, mistreat, offend or otherwise hurt any person;
  • use obscene or foul language;
  • include link(s) to inappropriate, offensive or illegal material on the forum;
    could be considered intolerant of a person’s race, culture, appearance, gender, sexual preference, religion or age; and
  • interfere with another user.

We are not responsible for the conduct of any user of our Site. You agree and acknowledge that you participate on the Site including by Submitting User Content at your own risk.

By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

  • you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms);
  • neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

11. Exclusions

You must not access or use the Site except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights on the Site. Without limiting the foregoing provisions, you must not and must not permit any other person to:

  • resell, assign, transfer, distribute or provide others with access to the Site;
  • use the Site to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;
  • use the Site in any way that damages, interferes with or interrupts the supply of the Site;
  • introduce malicious programs into our hardware and software or our hardware, software and services which are integrated and operate together, including our networks (SYSTEMS), including viruses, worms, trojan horses and e-mail bombs;
  • reveal your account password to others or allow others to use your account;
  • use the Site to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);
  • use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Site or any training resources from the Site;
  • send any unsolicited messages through or to users of the Site in breach of the Spam Act 2003 (Cth) or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Site in breach of any person’s privacy (such as by way of identity theft or “phishing”);
  • use the Site to circumvent user authentication or security of any of your networks, accounts or hosts or those of your customers or suppliers.

12. Collection Notice

We collect personal information about you in order to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries, and for other purposes set out in our Privacy Policy.

We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators, and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside New Zealand.

Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

13. General

DISPUTES: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

NOTICES: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when setting up or updating your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

WAIVER: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

RELATIONSHIP OF PARTIES: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.

IMAGERY & CREATIVE CONTENT: If you provide us with imagery of the products via email, or by tagging us on social media networks, you consent to us publishing such imagery and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.

SEVERANCE: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

ASSIGNMENT: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

AMENDMENT: We may, at any time and at our discretion, vary these Terms by providing you with 30 days’ written notice. If you have a Subscription and you do not agree with the variation, you may cancel your Subscription and terminate these Terms in accordance with the ‘Cancellation’ clause. For One-Off Purchases, prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any One-Off Purchase order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

GOVERNING LAW: These Terms are governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in New Zealand and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of New Zealand. If you access the Site from outside New Zealand, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.

FOR ANY QUESTIONS OR NOTICES, PLEASE CONTACT US AT:
Cool Points Club Limited trading as Cool Gram
Email: team@coolpoints.com
LAST UPDATE: 02 October 2021