Welcome to Puddle Co.
These terms and conditions outline the rules and regulations for the use of Puddle Co.'s Website (https://puddleco.com, https://www.puddleco.com) and Web Application (https://app.puddleco.com, https://www.app.puddleco.com).
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Puddle Co.'s website or web application if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company, "Puddle Co.". "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. "Website" referers to puddleco.com and any sub domains of puddleco.com. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of New Zealand. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1. Cookies, and Local Storage
Unless otherwise stated, Puddle Co. and/or it's licensors own the intellectual property rights for all material on the Puddle Co. website, web application, and servers/ cloud SaaS provider accounts. All intellectual property rights are reserved. You may view and/or print pages from http://PuddleCo.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from http://www.PuddleCo.com, http://PuddleCo.com, http://www.app.PuddleCo.com, or http://app.PuddleCo.com
- Sell, rent or sub-license material from http://www.PuddleCo.com, http://PuddleCo.com, http://www.app.PuddleCo.com, or http://app.PuddleCo.com
- Reproduce, duplicate or copy material from http://www.PuddleCo.com, http://PuddleCo.com, http://www.app.PuddleCo.com, or http://app.PuddleCo.com
- Redistribute content from Puddle Co. Website or Web Application (unless content is specifically made for redistribution).
- Hyperlinking to our Content
The following organizations may link to our Web site or web application without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our website home page (https://puddleco.com), to publications or to other Web site information so long as the link:
- (a) is not in any way misleading;
- (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
- (c) fits within the context of the linking party's site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
- associations or other groups representing charities, including charity giving sites, online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that:
- (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);
- (b)the organization does not have an unsatisfactory record with us;
- (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Puddle Co.; and
- (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link:
- (a) is not in any way misleading;
- (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and
- (c) fits within the context of the linking party's site.
If you are among the organizations listed above and are interested in linking to our website, you must notify us by sending an e-mail to firstname.lastname@example.org. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.
No use of Puddle Co.'s logo or other artwork will be allowed for linking absent a trademark license agreement.3. Iframes
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.4. Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.5. Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.6. Content Liability
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of our based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.7. Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website and our web application (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
- (a) are subject to the preceding paragraphs; and
- (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website, our web application and the information and services on the website and our web application are provided free of charge, we will not be liable for any loss or damage of any nature.8. Puddle Co.'s Messaging
A Pro may allow you to submit a paid message, document, and/or video or other form of message through our Puddle Co. platform.
After submitting information related to a Pro’s service, the Pro may but has no obligation to respond to your submission or message.
If during or after you would like to continue the conversation or ask for another service, you must pay for an additional service separately.
If the Pro accepts the service you have paid for and completes the review/message/service (included but not limited to by messaging you back or sending you feedback), you cannot apply for a refund or exchange. All purchases are final unless the Pro you contacted does not accept or respond to your message/Submission.9. Acknowledgement
By using, viewing, and participating in Puddle Co.’s services, you acknowledge and agree that:
- Puddle Co. is not liable or responsible for any Submissions (including but not limited to videos, messages, or documents)
- Every message from a Pro is owned by the Pro. You may not sell the information, messages, etc. in any way. You have the right to use any and all information from the Pro solely for your own personal, non-commercial, and non-promotional use subject to these Terms: a non-exclusive, royalty-free, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that Message, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised
You understand and accept that:
10. Pro agreements and acknowledgements
- you will not use a false identity or provide any false or misleading information;
- you will not create an account if you have previously been removed or banned from our Site
As a Pro on Puddle Co. you have the right to set your own Service Fees (with a minimum of US$5); however, you acknowledge that the additional fees associated with Puddle Co. cannot be changed. You can see the full breakdown of fees for each Service. You will receive 20% of the Service Fee as outlined in the breakdown of costs on our Site.
By becoming a Pro on our Site, you agree to
- You agree to register with the third party payment provider selected by Puddle Co., which we may change at our sole discretion.
- Puddle Co. will not be responsible for any damages, delays, losses, costs, expenses, or liabilities arising out of or in connection with your inability to receive payments as a result of your failure to provide such information.
- You acknowledge and agree that you are solely responsible for any other fees, costs, and expenses, including with respect to your bank account and foreign exchange fees.
- Payments via the payment provider are in U.S. dollars unless the payment provider allows you to select another currency and you choose to do that.
- Although we hope you fulfill your Service requests as soon as possible, we understand some requests take longer than others which is why you have fourteen days to respond (at Puddle Co.’s sole discretion). If you have not responded by the fourteenth day, the User will be refunded and the request will be Expired. You will no longer be able to respond and the amount of money will show as Expired in your account.
- Puddle Co. retains the right, in its sole discretion, to cancel any request from a User. No payment will be made to you for any declined, cancelled, or unfulfilled Puddle Co. Service requests.
- In order to create and be approved for an account, you must provide to Puddle Co. (at no cost), a minimum of two high resolution profile pictures, one video (a minimum of :15 long), a bio, and one social media profile (using the options provided). You must also provide at least one Service - which has its own requirements. All images and videos, per our requirements, must show your face. You must mention Puddle Co. and your username in the video for authenticity purposes. Options are on our sign-up form.
- From time to time we may request additional Promotional Materials from you for Puddle Co.’s use to promote you on or in connection with our Site or on any social media platform or third party website.
- A management company, manager, agency, agent, publicist, or other individual or organization may Register a Pro and/or accept/decline messages; however, all messages and direct communication with our Users must be from the Pro themselves.
- By registering, the Organization agrees that it is authorized to act on behalf of the Pro.
- When you choose to upload, submit, store, send, transmit approve, or receive Submissions to or through our Site, you grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable, perpetual, and irrevocable license in any and all manner and media, whether known or hereinafter invented or devised (including social media channels and third party websites and platforms), to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of, and to use your Submissions for the purposes of operating and providing our Site, to develop and improve our products and services, and to advertise, market, and promote our Site, products, and services, and you agree that such Submissions may, in Puddle Co.’s sole discretion, be used, including performed or displayed, in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials.