Legal Stuff
ThinkGo Limited Acceptable Use Policy
Last Modified: 16 April 2024
This ThinkGo Acceptable Use Policy ("AUP") applies to the use of any product, service or website provided by us (we), ThinkGo, directly or whether we use another party to provide it to you, all are considered part of the "ThinkGo Service". This AUP is designed to ensure compliance with the laws and regulations that apply to the ThinkGo Service. This AUP also protects the interests of all of our clients and their customers, as well as our goodwill and reputation. These terms are so important that we cannot provide the ThinkGo Service unless you agree to them. By using the ThinkGo Service, you are agreeing to these terms.
Reporting Suspected Violations
Prohibited Email Actions
Email Opt-Out Requirements
Telephone, Texting, and Messaging
No Disruption
Proper Usage of the ThinkGo Service
Restricted Industries
ThinkGo Trademark Use
General Terms
If you are using any ThinkGo Service, this AUP applies to you. Every one of our clients agrees to abide by this AUP and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate, such as complaint and email failure monitoring. We may also suspend or terminate your use of ThinkGo Services pursuant to our Customer Terms of Service for violations of this AUP.
We periodically update these terms and we will let you know when we do through by posting a revised copy on our website. You agree to review the AUP on a regular basis and always remain in compliance.
1. Reporting Suspected Violations
We encourage recipients of email messages sent using the ThinkGo Service to report suspected violations of this AUP to us by forwarding a copy of the received email to ThinkGo@ThinkGo.co.nz, attention: ABUSE in the subject line. We have a policy to investigate all of these reports and to respond in the way we consider appropriate.
If you know of or suspect a violation of this AUP, you will promptly notify us in writing of the known or suspected violation of this AUP.
2. Prohibited Email Actions
a. You may not use ThinkGo to send spam. Spam has been defined by the New Zealand Unsolicited Electronic Messages Act (2007). Spam can be in the form of bulk email or one to one commercial emails.
Bulk email is spam when it is unsolicited. Unsolicited means the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages that have substantively similar content.
One-to-one commercial emails are spam when they violate the New Zealand Unsolicited Electronic Messages Act (2007). One-to-one commercial emails are also considered Spam if the data processed for purposes of sending that email is in scope of the General Data Protection Regulation (‘GDPR’) and you fail to provide notice to individuals and establish a lawful basis of processing.
You may not use the ThinkGo Service in any way (directly or indirectly) to send, transmit, handle, distribute or deliver:
(i) spam in violation of the New Zealand Unsolicited Electronic Messages Act (referenced below) or any other law;
(ii) email to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting);
(iii) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry,
(iv) commercial electronic messages in violation of Canada’s Anti-Spam Legislation (referenced below), or
(v) in violation of the General Data Protection Regulation (GDPR).
b. You may not use any misleading or false names, addresses, email address, or subject line.
Email sent, or caused to be sent to or through the ThinkGo Service may not:
(i) use or contain invalid or forged headers;
(ii) use or contain invalid or non-existent domain names;
(iii) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
(iv) use other means of deceptive addressing;
(v) use a third party's internet domain name without their consent, or be relayed from or through a third party's equipment without the third party’s permission;
(vi) contain false or misleading information in the subject line or otherwise contain false or misleading content; or
(vii) use our trademark(s), tagline(s), or logo(s) without our prior written consent and only then pursuant to our trademark usage guidelines.
If you use email, we recommend that you adopt the Messaging, Malware and Mobile Anti-Abuse Working Group (M3AAWG) Sender Best Communications Practices (BCP), which were created and agreed upon with collaborative input from both volume email senders and Internet Service Providers. The Sender Best Communications Practices document is available here. You will use commercially reasonable efforts to follow these practices.
c. You may not email purchased lists.
You are prohibited from using the ThinkGo Service to email:
(i) purchased, rented, or borrowed lists, and
(ii) lists that are likely to result in an excessive number of unsubscribe requests or Spam complaints or notices, as determined by acceptable industry practices.
3. Email Opt-out Requirements
You warrant that each email you send or is sent for you using the ThinkGo Service will contain:
a. header information that is not false or misleading; and
b. an advisement that the recipient may unsubscribe, opt-out or otherwise demand that use of its information for unsolicited, impermissible and/or inappropriate communication(s) as described in this AUP be stopped (and how the recipient can notify you that it wants to unsubscribe, opt-out, or stop this use of its information).
These requirements may not apply if the email sent is a transactional email and these requirements are not otherwise required by law. You warrant that you will promptly comply with all opt-out, unsubscribe, "do not call" and "do not send" requests.
4. Telephone, Texting, and Messaging
ThinkGo Services does not provide telephone, texting or messaging capabilities at this time. If any future ThinkGo Services do provide these capabilities, and you use the ThinkGo Service to place telephone calls, text messages, or other supported messaging, you must comply with all applicable.
(i) laws relating to telephone calling, texting, and any other message marketing, including applicable local, state, national or international laws;
(ii) laws related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording;
(iii) policies and guidelines of third party service providers, such as network operators and carriers; and
(iv) industry standards, including those applicable guidelines published by the New Zealand Marketing Association Code of Practice for Direct Marketing, the USA based Cellular Telephone Industries Association - The Wireless Association (CTIA), the USA based Mobile Marketing Association.
You are prohibited from using or permitting access to use the ThinkGo Service to make emergency calls or to provide or seek emergency services.
You are solely responsible for any penalties or fines incurred as a result of your non-compliance with third party service providers’ policies and guidelines. In addition to the other termination and suspension rights in this AUP, ThinkGo may suspend or terminate your access to the Telephone and Texting services if
(i) ThinkGo receives repetitive complaints from your recipients or third party service providers; or
(ii) ThinkGo receives an instruction from a third party service provider to suspend or terminate your access to the service.
5. No Disruption
You agree not to:
a. use the ThinkGo Service in a way that impacts the normal operation, privacy, integrity or security of another's property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations;
b. use or launch any automated system, including, "robots," "spiders," or "offline readers," that sends more request messages to our servers or the services of our Third Party partners in a given period of time than a human can reasonably produce in the same period by using a conventional browser (also for example, scraping or harvesting);
c. use the ThinkGo Service in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party's use of the ThinkGo Service;
d. attempt to gain unauthorised access to the ThinkGo Service;
e. access the ThinkGo Service using another User's unique login credentials, including reusing or sharing unique login credentials among multiple users;
f. allow any Users to access the ThinkGo Service from a New Zealand embargoed or sanctioned country, or allow access to the ThinkGo Service to anyone included in the embargoed or sanctions list as issued by the New Zealand Foreign Affairs and Trade Ministry (Mō mātou);
g. access the ThinkGo Service other than through our interface;
h. use the ThinkGo Service to gain unauthorised access to, use, monitor, make an unauthorised reference to, another’s property, unless you have the appropriate express prior consent to do so; or
i. use the ThinkGo Service in a way that causes or may cause any ThinkGo IP addresses, ThinkGo domains, or ThinkGo customer domains to be blacklisted.
Examples of prohibited actions include (without limitation) include hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program.
These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.
6. Proper Usage of the ThinkGo Service
You will respect the limits that apply to your use of the ThinkGo Service as specified in the Product and Services Catalog available at http://thinkgo.co.nz/legal-stuff (the “Service Limits”). We may update or change these Service Limits by updating http://thinkgo.co.nz/legal-stuff, so we encourage you to review this page periodically.
In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use the ThinkGo Service with content, or in a manner that:
is threatening, abusive, harassing, stalking, or defamatory;
is deceptive, false, misleading or fraudulent;
is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
contains vulgar, obscene, indecent or unlawful material;
infringes a third party's intellectual property right(s);
publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;
downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
restricts or inhibits any other user of the ThinkGo Service from using and enjoying our website and/or the ThinkGo Service;
harvests or otherwise collects information about others, including e-mail addresses, without their consent;
violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
is legally actionable between private parties;
is not a good faith use of the service, such as uploading Contacts in excess of your Contact tier, emailing those Contacts and then purging them shortly thereafter; and/or
is in violation of any applicable New Zealand or international law or regulation, including all export laws and regulations and without limitation the New Zealand Unsolicited Electronic Messages Act (2007) and the General Data Protection Regulation (2016/679) any rules of national or other securities exchange, including without limitation, the New Zealand Stock Exchange (NZX), and any regulations having the force of law or laws in force in your or your email recipient's country of residence;
encourages, promotes, facilitates or instructs others to engage in illegal activity;
promotes, encourages, or facilitates: hate speech, violence, discrimination based on race, colour, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law.
Organisations or individuals who promote, encourage, or facilitate hate speech, violence, discrimination, either through their own content or through distribution of user generated content, are prohibited from using the ThinkGo Service, regardless of whether the ThinkGo Service is used specifically for the prohibited activities. Violation of these standards may result in termination of your use of the ThinkGo Service.
You are responsible for moderating user generated content or user activity on your platform or service. User generated content that violates these standards may result in termination of your use of the ThinkGo Service.
You will use the ThinkGo Service for your internal business purposes and will not:
(i) wilfully tamper with the security of the ThinkGo Service or tamper with our customer accounts;
(ii) access data on the ThinkGo Service not intended for you;
(iii) log into a server or account on the ThinkGo Service that you are not authorised to access;
(iv) attempt to probe, scan or test the vulnerability of any ThinkGo Service or to breach the security or authentication measures without proper authorisation;
(v) wilfully render any part of the ThinkGo Service unusable;
(vi) lease, distribute, licence, sell or otherwise commercially exploit the ThinkGo Service or make the ThinkGo Service available to a third party other than as contemplated in your subscription to the ThinkGo Service;
(vii) use the ThinkGo Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or
(viii) provide to third parties any evaluation version of the ThinkGo Service without our prior written consent.
7. Restricted Industries
Some industries have higher than average abuse complaints, which can directly impact our ability to provide the ThinkGo Service to other customers. To protect our customers, we reserve the right to discontinue your use of the ThinkGo Services if you are in one of these industries. Some examples include:
Cryptocurrency
Non-fungible tokens (NFTs)
Escort and dating services
Pharmaceutical products
Pornography
Gambling services or products
Work from home, make money online, and lead generating opportunities
Multi-level marketing or affiliate marketing
Selling ‘Likes’ or followers for a social media platform
8. ThinkGo Trademark Use
Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or the ThinkGo Service, or any identifier or tag generated by the ThinkGo Service, including without limitation:
(a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); or
(b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.
9. General Terms
a. Suspension. We may immediately suspend your access to the ThinkGo Service if you breach this AUP or don’t respond to us in a reasonable period after we’ve contacted you about a potential violation of this AUP. We may also suspend your access as we explain in our Customer Terms of Service and, if you violate this AUP, we may terminate your subscription agreement for cause.
b. Content. We may choose to remove any prohibited materials and deny access to any person who violates this AUP, and we further reserve all other rights.
c. Updates. We may update and change any part or all of this AUP. If we update or change this AUP, the updated AUP will be posted at http://thinkgo.co.nz/legal-stuff. When we change this AUP, the "Last Modified" date above will be updated to reflect the date of the most recent version. We encourage you to review this AUP periodically.