Terms of Use

1.1 This Site is operated by Massey University | Te Kunenga Ki Purehuroa (the Account Owner) using the Brandkit Platform, which is provided by Brandkit Limited (Brandkit), a New Zealand registered company.

1.2 These Terms of Use (also called the User License Agreement) form a contract between you and both the Account Owner and Brandkit. They apply to your use of this Site and any Brand Assets or other content you access, download or share from it.

1.3 These Terms apply to everyone who uses this Site. You accept them when you register for a User Account, when you download Brand Assets, or by continuing to use this Site. If you do not agree to these Terms, you must not use this Site.

1.4 Brandkit and the Account Owner can each enforce these Terms separately, to protect their own rights.

2.1 Account Owner means - Massey University | Te Kunenga Ki Purehuroa, the organisation that operates this Site through its Brandkit account, under a separate subscription agreement with Brandkit.

2.2 AI Features means - any part of this Site that uses artificial intelligence or machine learning, including automated tagging, descriptions, summaries, search and chatbots.

2.3 AI Output means - any tag, description, summary, search result, chatbot response or other content generated by AI Features.

2.4 AI Provider means - a third party that provides AI models or services used by AI Features. An AI Provider may be engaged by Brandkit, or engaged directly by the Account Owner using its own account with that provider.

2.5 Brand Asset means - any brand or marketing content made available on this Site, including files such as logos, images, photographs, documents, templates, videos and audio recordings, and text-based knowledge such as posts, FAQs and brand guidelines.

2.6 Brandkit means - Brandkit Limited, a New Zealand registered company, the provider of the Brandkit Platform.

2.7 Brandkit API means - the official application programming interface provided and authorised by Brandkit.

2.8 Brandkit Content means - any content on this Site provided by or relating to Brandkit, including the Brandkit name, logos and trade marks, descriptions of Brandkit features and tools, Brandkit help and technical documents, Brandkit knowledge used by chatbots or other AI Features, and links to Brandkit.

2.9 Brandkit MCP means - Brandkit's Model Context Protocol server, an interface designed for access by AI assistants and agents.

2.10 Brandkit Platform means - the Brandkit software, infrastructure, designs, processes and Intellectual Property that this Site runs on, including the Brandkit API and Brandkit MCP.

2.11 Intellectual Property means - any trade marks, trade names, copyrights, patents, designs, ideas, know-how, techniques, inventions or improvements.

2.12 Licence Terms means - the terms of use set by the Account Owner for a Brand Asset, shown with that Brand Asset or on the download form.

2.13 Metadata means - information that describes Brand Assets, such as names, descriptions and tags.

2.14 Site means - this website and any related portal, app or interface operated by the Account Owner using the Brandkit Platform.

2.15 Site Content means - the Brand Assets, Metadata and other content held on this Site, including User Content and AI Output, but not including Brandkit Content.

2.16 Software Agent means - any software or AI agent that accesses this Site through the Brandkit API, the Brandkit MCP or by any other means.

2.17 User Account means - the personal login account a registered user creates on this Site. A User Account is separate from the Account Owner's Brandkit account.

2.18 User Content means - any content you upload, submit or provide to this Site, such as files, comments and feedback. User Content does not include your personal information, such as your User Account profile details or the details you give in a download form, which are covered by section 9.

2.19 User or you means - any person who uses this Site, whether a registered user or an unregistered member of the public.

3.1 Brandkit Platform and Brandkit Content - Brandkit owns all Intellectual Property in the Brandkit Platform, including the software, source code, design and layout of this Site, and in all Brandkit Content.

3.2 Site Content - The Account Owner, or its licensors, owns all Intellectual Property in the Site Content, including the Brand Assets and the Account Owner's trade marks shown on this Site.

3.3 No Transfer - Nothing in these Terms transfers ownership of any Intellectual Property to you. You only receive the limited rights set out in these Terms and the Licence Terms.

3.4 Trade Marks - The trade marks shown on this Site belong to Brandkit, the Account Owner, or third parties such as their suppliers and licensors. You must not use or reproduce any of these trade marks, or allow anyone else to, except as allowed by the Licence Terms or with the written permission of the owner.

3.5 Legal Protection - This Site and its content are protected by copyright and other laws of New Zealand, and by similar laws and international conventions in other countries.

4.1 Licence Terms - You may only use a Brand Asset as allowed by its Licence Terms. If no Licence Terms are shown, you must get the Account Owner's written permission before using it outside this Site. If there is a conflict between these Terms and the Licence Terms for a Brand Asset, the Licence Terms apply to your use of that Brand Asset.

4.2 Download Form - The Account Owner may require you to complete a download form, including your intended use, before you download a Brand Asset. The details you give must be complete and accurate.

4.3 Restrictions - Unless the Licence Terms or the Account Owner's written permission allow it, you must not: (i) modify, adapt, sell, sublicense, commercialise or redistribute any Brand Asset; (ii) commercialise any information, products or services obtained from any part of this Site; (iii) use any Brand Asset in a way that is misleading or unlawful, or that may damage the reputation of the Account Owner; or (iv) use any Brand Asset or other content from this Site to train, fine-tune or test any AI model.

4.4 Changes to Licence Terms - The Licence Terms that apply to a Brand Asset are those shown when you downloaded it, unless the Account Owner notifies you of a change, for example when the rights to use a Brand Asset expire. You must stop using a Brand Asset if the Account Owner asks you to.

4.5 Availability of Content - The Account Owner decides which Brand Assets are available, to whom and on what Licence Terms. Brandkit or the Account Owner may change or remove any content on this Site at any time. Neither Brandkit nor the Account Owner has any obligation to make this Site, or any Brand Asset or other content, available to you.

5.1 Registration - Some content and features are only available to users with a User Account. When you register, you must give complete and accurate details and keep them up to date.

5.2 Login Details and Security - Your login details, such as your email address, password or login links, are personal to you. You must keep your password confidential and not share your login details with anyone. You are responsible for any use of this Site by anyone using your login details, and you indemnify Brandkit and the Account Owner against any claims arising from your failure to keep them confidential. Neither Brandkit nor the Account Owner is liable for any loss you suffer because someone else uses your login details or User Account, whether or not you know about it. You must tell the Account Owner or Brandkit immediately if you become aware of any unauthorised use of your User Account or any other security breach.

5.3 Honesty - You must not impersonate any person or misrepresent your connection with any person or organisation.

5.4 Suspension - Brandkit or the Account Owner may suspend or close your User Account, or restrict your access to all or part of this Site, at any time and without notice.

6.1 General - You must not use this Site for any unlawful purpose, or do anything that may damage or impair this Site, including by introducing viruses or corrupted files. You must not alter, modify, reproduce, communicate to the public or otherwise deal with any content, text, graphics, layout or design of this Site, except as allowed by these Terms or the Licence Terms.

6.2 No Reverse Engineering or Copying - You must not copy, reproduce, reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive or access the source code, underlying ideas, algorithms, structure, or organisation of the Brandkit Platform or any part of it. The same applies to creating derivative works based on the Brandkit Platform, scraping or systematically extracting data or content from this Site, or using automated tools (including bots, crawlers, or AI agents) to access or replicate the Brandkit Platform's functionality or design, except where expressly permitted under these Terms or required by applicable New Zealand law.

6.3 API and AI Agent Access - You may use the Brandkit API, the Brandkit MCP, or AI assistants and other Software Agents to find, browse, search, preview, share and download Brand Assets, within the access permissions set by the Account Owner. You must not use this access to build or operate any website, app, database or other service that stores, indexes or organises Brand Assets or Metadata outside this Site in order to provide search, browsing, downloading or sharing of them, without the prior written permission of both Brandkit and the Account Owner. This does not stop AI tools retrieving individual Brand Assets for an immediate request, as long as they do not persistently store or index them outside this Site.

6.4 Download Only What You Need Now - You may only download Brand Assets that you intend to use now or in the near future. Unless the Account Owner gives you written permission, you must not bulk download Brand Assets, or store them on a hard drive, server, database or other system, to build your own collection for possible future use. If you need a Brand Asset later, come back to this Site and download it then, so that you are using the latest approved version under its current Licence Terms.

7.1 AI on this Site - This Site may include AI Features, such as automated tagging, descriptions, AI-powered search and chatbots.

7.2 Accuracy - AI Output may be incomplete or wrong. You should not rely on AI Output without checking it. In particular, always check the Licence Terms for a Brand Asset rather than relying on AI Output about how it may be used.

7.3 Chatbots - You should not enter sensitive personal information or confidential information into any chatbot on this Site.

7.4 Processing of Your Content - User Content and questions you submit may be processed by AI Features using AI Providers, in order to provide this Site. Where an AI Provider is engaged by Brandkit, your User Content is not used to train AI models that are shared with other organisations. Where an AI Provider is engaged directly by the Account Owner, the Account Owner's agreement with that AI Provider applies.

7.5 Images of People - If you upload images that show identifiable people, you must have any permissions or consents required by law. Some AI Features may identify people in images where the Account Owner has enabled them.

8.1 Your Responsibility - You must have all rights and consents needed to submit your User Content. Your User Content must not infringe anyone's copyright, privacy or other rights, and must not be unlawful, defamatory or offensive, or likely to damage the reputation of Brandkit, the Account Owner, or the owners or creators of any Brand Assets.

8.2 Licence to the Account Owner - Unless you have a separate agreement with the Account Owner that says otherwise, you grant the Account Owner a non-exclusive, royalty-free, worldwide, perpetual and irrevocable licence to use, publicly display, communicate to the public and make your User Content available, by any means and in any media now known or developed later, on this Site and for its own purposes. This licence does not cover your personal information, which is dealt with under section 9.

8.3 Licence to Brandkit - You grant Brandkit a non-exclusive, royalty-free, worldwide licence to store, process and display your User Content, only as needed to provide the Brandkit Platform to the Account Owner.

8.4 No Payment - No royalties or other payment are owed to you for your User Content or the licences above.

8.5 Removal - Brandkit or the Account Owner may edit, refuse to display or remove any User Content at any time.

8.6 Feedback and Unsolicited Ideas - If you give feedback about this Site, its services or Brand Assets, Brandkit or the Account Owner may use it to improve this Site, their services or Brand Assets, or for any other purpose, without paying you. Any unsolicited ideas you send: (i) are treated as User Content under these Terms; (ii) are not confidential; and (iii) may be used without acknowledging you as the source.

9.1 Personal Information - Personal information you provide on this Site, such as your User Account profile and download form details, is handled under this Site's Privacy Policy. Personal information may also be processed by AI Providers in order to provide AI Features.

9.2 Security - Brandkit and the Account Owner take reasonable steps to protect this Site and your information. However, no internet service is completely secure, and there is a risk that your information or transmissions could be accessed or changed without authorisation. Information you send to or receive from this Site is sent at your own risk. To the extent permitted by law, neither Brandkit nor the Account Owner is responsible for any loss caused by such unauthorised access, or for any damage to your own devices or systems from using this Site or any external link.

9.3 Electronic Communications - You agree to receive communications about this Site electronically, that electronic communications satisfy any legal requirement for communications to be in writing, and that you are bound by any agreement made electronically, including by accepting these Terms online.

10.1 No Warranties - To the maximum extent permitted by law, and unless you have a separate agreement with Brandkit or the Account Owner that says otherwise, this Site, Brand Assets, AI Output and all other content are provided "as is", without any warranty of any kind, including as to accuracy, completeness, quality or fitness for a particular purpose. If you rely on this Site or any content on it, you do so at your own risk.

10.2 Availability - This Site may sometimes be unavailable, interrupted, restricted or delayed. Neither Brandkit nor the Account Owner guarantees that it will be error free or available at all times, and neither is liable to you if this Site is unavailable, interrupted, restricted or delayed for any reason.

10.3 Third-Party Content - Views expressed in third-party content or User Content on this Site are not necessarily those of Brandkit or the Account Owner, and neither is responsible for them.

10.4 Hyperlinks - This Site may contain links to third-party websites. These links are provided for your convenience only and may not be kept current. Neither Brandkit nor the Account Owner endorses or is responsible for any content on third-party websites, and neither is liable for any loss arising from information or services provided by a third party. You are responsible for complying with the terms of any third-party website you visit.

10.5 Malicious Code - Brandkit and the Account Owner take reasonable steps to prevent viruses and other malicious code on this Site, but cannot guarantee that this Site or its content is free of them. Neither Brandkit nor the Account Owner is liable for any damage caused by malicious code. You are responsible for protecting your own devices and systems.

10.6 Consumer Guarantees Act - Nothing in these Terms limits any rights you have under the Consumer Guarantees Act 1993, where it applies. If you use this Site for business purposes, the Consumer Guarantees Act 1993 does not apply, to the extent permitted by law.

11.1 Excluded Losses - To the maximum extent permitted by law, neither Brandkit, the Account Owner nor their suppliers (including AI Providers) is liable to you, whether in contract, tort or otherwise, for any loss of profits, or any indirect, incidental or consequential loss, arising from: (i) your use of, or inability to use, this Site or any content on it, including AI Output; or (ii) any action or decision you take as a result of using this Site or any content on it.

11.2 Liability Cap - If any exclusion of liability in these Terms is found to be invalid, the total combined liability of Brandkit, the Account Owner and their suppliers to you is limited to NZ$100, except for any liability that cannot be limited by law.

11.3 Your Indemnity - You indemnify, defend and hold harmless Brandkit and the Account Owner, and their officers, directors, shareholders, employees, contractors, licensors, agents and related companies, against any third-party claims, losses and costs (including reasonable legal costs) arising from your use of or reliance on this Site or any content on it, your User Content, your breach of these Terms or any Licence Terms, or your breach of any law.

12.1 Changes to this Site - Brandkit or the Account Owner may add to, change, suspend or remove this Site, or any part of it, at any time and without notice.

12.2 Changes to these Terms - Brandkit or the Account Owner may update these Terms from time to time. The current version is always shown on this Site, and you should review it periodically. By continuing to use this Site after a change, you agree to the updated Terms.

13.1 These Terms are governed by New Zealand law, and the courts of New Zealand have exclusive jurisdiction over any dispute about them.

13.2 The Brandkit Platform is operated from New Zealand, and these Terms are prepared under New Zealand law. Neither Brandkit nor the Account Owner promises that this Site or its content is appropriate or lawful in other countries. If you access this Site from outside New Zealand, you are responsible for complying with the laws that apply where you are.

14.1 Relationship to Other Agreements - These Terms do not change the agreement between Brandkit and the Account Owner.

14.2 Severability - If any part of these Terms is found to be invalid or unenforceable, the rest of these Terms continues to apply.

14.3 No Waiver - If Brandkit or the Account Owner does not enforce a right under these Terms straight away, it does not lose that right.