Terms of Use
Introduction
Welcome to Buzzly, a digital platform designed to engage New Zealand youth by sharing insights on important topics and rewarding contributions ('Platform' includes its website, mobile applications, and any related services or features that facilitate engagement, interaction, and rewards for Users). These Terms of Use ('Terms') govern your access to and use of Buzzly, including any content, functionality, and services offered on or through our Platform.
Buzzly's platform is operated by Auckland Council in partnership with Mission Impact Foundation.
By using Buzzly, you accept and agree to be bound by these Terms and Buzzly's Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you should not access or use this website and the Platform.
Eligibility
Buzzly is available to individuals who are 13-24 years old living in New Zealand. All Users ('Users' are individuals who have registered on the Platform, are providing insights and participating in Challenges (defined below)) must reside in New Zealand.
Users aged 13 to 17 may use the Platform only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
Users must:
- Register a Buzzly account to earn points on the Platform. It is free to register.
- Provide complete and accurate information when they register. If Users do not provide current, complete and accurate information, this may impact a User's ability to use the Platform.
- Have one account per User.
- Keep their account details, including their account password, confidential.
- Delete their account when they no longer wish to be earning points.
Points and Payment
Buzzly operates a merit-based incentive system where Users are awarded points for their contributions to Buzzly's Challenges ('Challenges' are the specific activities or tasks posted on the Platform by Clients ('Clients' are organisations who submit Challenges on the Platform), designed to solicit insights, ideas, and creative contributions from Users), as explained further below. While most contributions will allow users to collect points, some specific Challenges are not eligible for points.
Buzzly decides at its sole discretion the nature, quantity, availability and award of points for Challenges.
Points will automatically be converted to New Zealand dollars on accrual. One point will equal NZ$[1].
Buzzly will make any cash payment via bank transfer as soon as practicable after accrual. Users must provide correct and updated payment details. All payments are made in New Zealand dollars into a New Zealand bank account. Buzzly will not take any responsibility in the event of incorrect payment made.
From time to time, Buzzly may increase or decrease the point accrual rates for contributions. There may be limits on the number of points Users can receive, or other conditions. Subject to law, and including Buzzly's obligations under the Consumer Guarantees Act 1993, these conditions are subject to change without notice.
Users must redeem their points within 12 months from accrual, otherwise they will expire. Points may also be forfeited where a User's account is:
- Inactive for a period of 12 months (an account is inactive where the relevant User does not log into it);
- Suspended or terminated by Buzzly;
- Associated with any fraudulent activity or any breach of these Terms; or
- Used for the benefit of a third party.
Points cannot be sold, transferred, assigned or otherwise dealt with. Points are not replaceable if lost or stolen. Points will be void if stolen, forged, mutilated or tampered with in any way.
Non-Employee-Employer Relationship:
There is no employer-employee relationship between Buzzly and its Users. Participation on the Platform is voluntary, and there is no obligation for Users to engage with Challenges. This is a key distinction to ensure Users understand the casual and voluntary nature of their interactions with Buzzly.
Tax Implications and Obligations
Users are responsible for the reporting and payment of any applicable taxes associated with rewards received from Buzzly. Rewards may be subject to income tax under New Zealand law, and it is the responsibility of each User to comply with their tax obligations. Buzzly will provide Users with the necessary documentation for their tax records if required by law. While Buzzly does not expect to withhold taxes from the rewards paid, if Buzzly is required by law to withhold taxes from any payments to Users, Buzzly will make that withholding and pay it to the appropriate government agency. All payments to Users will be treated as being inclusive of GST, if any.
Account Responsibilities
Account Creation:
Users are responsible for providing accurate, current information during account creation and keeping this information up-to-date. Buzzly is not responsible for any change of account information or payment by someone other than the User who uses the User's username and password. To the extent permitted by law, Buzzly is not responsible for any losses or liabilities incurred through the use of a User's account by an authorized or unauthorized third party.
Account Security:
Users are responsible for maintaining the confidentiality of their account login information and are fully responsible for all activities that occur under their account.
Prohibited Activities:
Users of Buzzly are prohibited from engaging in the following activities, including, but not limited to:
- Bullying, harassment, or intimidation of any kind;
- Use of profane, derogatory, or violent language;
- Posting or sharing content that promotes violence or hatred against individuals or groups;
- Piracy or unauthorized sharing of copyrighted materials;
- Infringement of intellectual property rights; and
- Any illegal activities or conduct that violates New Zealand law.
Buzzly reserves the right to suspend or terminate any User's access to the Platform, or parts of it if, in its reasonable view, the relevant User is or is likely to be in breach of any provision of these Terms.
Intellectual Property
Ownership of intellectual property submitted via the Platform:
Users who create and share ideas, submissions, or other content on the Platform retain ownership of any associated intellectual property (IP). This means that while Users are rewarded for their contributions, the underlying IP rights to the ideas themselves remain with the creator of the original work.
Clients that are interested in using the ideas submitted by Users for purposes beyond the scope of the relevant Challenge must directly negotiate with the creators. Buzzly facilitates these discussions but does not participate in any compensation agreement. Users should seek their own independent legal advice if required.
Consent for Use by Buzzly
By participating in Buzzly and contributing ideas, submissions, other content and otherwise interacting with the Platform ('Contribution'), Users grant the Platform a non-exclusive, royalty-free licence to use all the intellectual property in the Contribution for promotional activities, marketing and User stories. This may also include presenting Contributions in Client presentations to demonstrate the value and capabilities of the Platform, as well as featuring User work in social media advertisements aimed at increasing engagement and participation among other Users. Rest assured, Buzzly will always give appropriate credit to the original creators and ensure that your work is presented in a manner that respects your creative vision and IP rights.
This includes the right for Buzzly to:
- Feature User ideas on social media platforms and in press releases to highlight User contributions and the impact of their engagement.
- Create and publish case studies or stories that showcase the benefits and outcomes of User participation, providing inspiration and insights to both current and prospective Users.
- Create anonymised reports to inform and benefit our Clients.
Ensuring Respect for IP
Buzzly is committed to respecting the IP rights of its Users. When using personal insights in ways that make them identifiable to a specific User, Buzzly will obtain explicit consent from the User. This ensures that Users maintain control over their creative outputs and that their IP and privacy is handled with integrity and transparency.
Each time a User makes a Contribution, they warrant that:
- The Contribution is the User's original creation;
- The User has the right to make the Contribution and to grant the licence above;
- Information in the Contribution is accurate and not misleading or deceptive;
- The Contribution does not infringe the rights of any third party; and
- The Contribution does not contain any viruses or malicious code. Buzzly (or its licensors) is the owner of all IP rights in its website and the Platform.
By submitting a Contribution, Users release Buzzly, its respective employees, directors and officers from any and all liability for use and publication of the Contribution, including any such liability that may arise under patent, trade mark, copyright, or any other applicable law. Users warrant that the Contribution is their original work, that they are the sole author, and that they are able to provide the licence and releases required under these Terms.
Users are liable for any harm caused to people or property, illegal conduct, or breach of other people’s rights arising from their Contributions. Users will co-operate with Buzzly in any legal action relating to their Contribution when Buzzly reasonably requests it.
Disclaimers and Limitation of Liability
To the extent permitted by law, the Platform is provided on an "as is" and "as available" basis without any warranties of any kind either express or implied. Buzzly does not guarantee the accuracy, completeness, or usefulness of any information on the Platform and disclaims all liability, to the maximum permitted by law, arising from reliance placed on such materials by Users or any other visitor to the Platform.
To the fullest extent provided by law, Buzzly hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The Platform may contain links to external websites operated by third parties. Buzzly does not have any control over the nature, content and availability of those sites, and accepts no responsibility for the contents or any loss or damages that may result from using these external websites.
Governing Law and Dispute Resolution
These Terms and any disputes arising out of or related to the Platform shall be governed by and construed in accordance with the laws of New Zealand Users submit to the jurisdiction of the courts having jurisdiction in New Zealand.
Changes to these Terms
Buzzly may revise these Terms from time to time. Revised terms and conditions will apply to the use of the Platform from the date of the publication of the revised Terms on this website. Users should check this page regularly to ensure they are familiar with the current version.
Contact us
If a User needs any help related to these Terms, please contact us at hello@buzzly.nz