Legal

Terms of Trade

Last updated: 25 July 2026. Bound By Moments Limited.

These terms of trade ("Terms") set out below govern all supply of goods and services from Bound By Moments Limited ("BOUND", "we", "us") to the customer ("you"). They replace any terms and conditions contained in any document used by you and purporting to have contractual effect, and your access and use of the BOUND services indicates your acceptance of these Terms. These Terms are effective from the date above and replace all earlier terms of trade between you and BOUND.

1. Risk and responsibility

1. 1.1 Bound by Moments is a mobile and website app that turns a customer's own photos into a custom printed colouring book. You are responsible at all times for the content you upload in using the BOUND services.
2. 1.2 We do not guarantee, and cannot provide any warranty as to, the quality, safety or legality of information derived from the use of the BOUND services. You are responsible for verifying the existence, quality, safety and legality of that information.
3. 1.3 You are responsible for accurately entering all data required for the use of the BOUND services and for otherwise complying with these Terms and the applicable law and regulations in the jurisdiction in which you access the services.
4. 1.4 We will make every effort to ensure performance of the services is on time but will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance.

2. Quotations, orders and prices

1. 2.1 All prices are subject to alteration without notice prior to submission of an order.
2. 2.2 Quoted prices are the New Zealand dollar price on the date of quotation only, and may be subject to change.
3. 2.3 You agree to pay GST (where applicable) and any other applicable government duties, levies or taxes in respect of the goods or services.
4. 2.4 Orders may be cancelled by you only if BOUND agrees in writing to the cancellation and the order has not been processed. BOUND may charge you a cancellation fee.

3. Payments and property

1. 3.1 Unless we have agreed in writing to extend credit to you in another manner, you must pay for all goods and services in full before delivery or collection.

4. Our warranties

1. 4.1 Where the New Zealand Consumer Guarantees Act applies to the supply of goods or services under these Terms, you may have additional rights under that Act.
2. 4.2 BOUND warrants a performance standard to use reasonable care and skill in the supply of its services to you.
3. 4.3 Goods and software are subject to the manufacturers' warranties only. BOUND will pass on the benefit of those warranties to you, without itself being directly liable to you under any warranty.
4. 4.4 BOUND does not issue refunds for change of mind.
5. 4.5 You are responsible for ensuring the quality and configuration of the end product is acceptable to you prior to submitting the order via the BOUND platform. BOUND will not issue any refund for unsatisfactory printing resulting from your input.
6. 4.6 Where goods are subject to a return-to-base warranty, you are responsible for returning them to the manufacturer or to BOUND, and you may be responsible for additional costs including (but not limited to) freight.
7. 4.7 Any warranty may be voided by customer damage or misuse of the services supplied by BOUND.
8. 4.8 Where the goods or services you acquire from BOUND are not of a kind ordinarily acquired for personal, household or domestic use or consumption, or where you acquire, or hold yourself out as acquiring, the goods or services for the purposes of a business, the Consumer Guarantees Act 1993 and the conditions, warranties and guarantees set out in the Contract and Commercial Law Act 2017 or the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980), or implied by common law, do not apply and are excluded from these Terms.

5. Your warranties

1. 5.1 You are responsible for maintaining the confidentiality and security of all access credentials (including username, password, authentication tokens or similar). You must notify BOUND immediately in writing of any unauthorised use or security breach.
2. 5.2 You may not transfer your account to any other user or maintain more than one account with BOUND without BOUND's prior written consent. BOUND may suspend or terminate an account for breach of these Terms or as required by law.
3. 5.3 If you are entering into these Terms on behalf of a customer, you represent and warrant that you have the full legal right, authority, and power to bind that customer to these Terms.
4. 5.4 You further warrant that you have taken all necessary corporate or other actions to authorise the execution, delivery, and performance of these Terms, and that these Terms constitute valid and binding obligations enforceable against you.
5. 5.5 You represent and warrant that you have full legal ownership, right, and title to any content you upload to the BOUND platform. You further represent and warrant that:
6. 5.6(a) You are 18 or older.
7. 5.6(b) The photos are your own, or you have permission to use them.
8. 5.6(c) Everyone in the photo is happy to be included, and for any child, you're their parent or guardian (or have the guardian's okay).
9. 5.6(d) The photos don't feature copyrighted characters, logos or brands (e.g. cartoon characters, mascots, sports/brand logos) that you do not have the right to use.
10. 5.7 If you acquire any goods for re-supply outside New Zealand, you warrant that, to the maximum extent allowable by law, you have excluded BOUND's liability to any other person, and that you have taken out public liability insurance with an insurer acceptable to BOUND's insurer, and will supply BOUND or its insurer with proof of that insurance on demand.
11. 5.8 You agree to indemnify BOUND against any failure by you, your customers or any person in your distribution chain to properly contract out of liability to business end users or consumers under the Consumer Guarantees Act 1993.

6. Limitation of liability

1. 6.1 BOUND will not be responsible for any loss or costs incurred through your failure to back up data.
2. 6.2 BOUND will not be liable for any losses of any kind, or any delay in supplying goods or services, caused in whole or in part by force majeure — including (but not limited to) any act of God, natural disaster, flood or earthquake, strike, lockout, fire, major power failure, telecommunications or satellite systems failure, mechanical failure, war, civil commotion, network service failure, inability to obtain products or supplies including the imposition of any export or import bans, or any other cause beyond its reasonable control. BOUND is not required to settle a strike, lockout or other industrial disturbance against its wishes in order to benefit from this clause.
3. 6.3 Subject to clause 6.1, BOUND's liability is limited to the value of any goods, software or services supplied, and none of BOUND, its employees, contractors and agents, any manufacturer or developer of the goods, software or any of their materials or components, or any suppliers of services, will be liable to you for loss or damage of any kind however that loss or damage is caused or arises. This limitation includes, but is not limited to, costs (including costs of returning goods to BOUND or to any manufacturer), loss of data, consequential loss, loss of contracts, loss of profits, damage caused by or arising from delays in manufacturing or delivery, faulty or delayed installation, unreasonable use, negligence (including a failure to do something which should have been done or to prevent something from happening), faulty specifications and design, faulty materials or components of the goods, special or indirect damages, and liquidated damages.

7. Intellectual property rights

1. 7.1 Neither BOUND nor its suppliers transfers any right, title or interest in any copyright, trademarks, or other intellectual property relating to the goods or software to you. BOUND grants you a personal, non-exclusive, non-transferable, revocable licence to access and use the BOUND platform and services during the term of these Terms and in accordance with them.
2. 7.2 You will not cause or permit anything which may interfere with, damage or endanger the trade marks or intellectual property of BOUND or its suppliers, or assist or allow others to do so.
3. 7.3 You undertake to advise BOUND immediately when you become aware of any unauthorised use or attempted use by any person of the trademarks or intellectual property of BOUND or its suppliers.
4. 7.4 You retain all rights in your submitted content and data, but grant BOUND a non-exclusive, royalty-free, worldwide licence to use it as necessary to provide the services and perform its obligations under these Terms.
5. 7.5 You will not copy, distribute, modify, reverse engineer, or incorporate any part of the platform or its content in any other work or publication except as expressly permitted by BOUND in writing.
6. 7.6 You warrant to BOUND that any data you submit to the BOUND platform does not contain the copyright, trademark or other intellectual property of a third party. BOUND will cancel any orders identified, following submission, as containing the intellectual property of a third party.

8. Photo processing (OpenAI)

1. 8.1 You acknowledge that the photos you upload to the services are processed by OpenAI. Under our agreement with OpenAI, photos are processed transiently and are not retained by OpenAI, except that every image is automatically screened for child safety on submission, and an image flagged by that screening may be retained by OpenAI for manual review. Unflagged images are not retained. OpenAI does not use the photos you upload to train AI models.

9. Personal information

1. 9.1 BOUND may use any personal information in the materials you supply in accordance with the Privacy Act 2020 solely to supply the services to you. You have the right of access to, and to ask for correction of, your personal information.
2. 9.2 You must obtain all necessary consents from, and provide all required notices to, the relevant individual to enable BOUND to use personal information as described in these Terms.
3. 9.3 You authorise any person or company to provide BOUND with any information it may require in order to supply the services.
4. 9.4 You acknowledge that in collecting, holding and processing any personal information you supply in connection with the services, BOUND is acting as your agent and/or data processor, or the equivalent under applicable privacy and data protection laws.
5. 9.5 Solely with your express consent, BOUND may use your photos in its marketing materials. If you have given such consent, you may revoke it at any time and BOUND will stop using your photos in its marketing materials.
6. 9.6 Upon your written request, BOUND will provide a copy of your personal information held by BOUND, or delete it, in accordance with the Privacy Act 2020 and our Privacy Policy, except as required by law or regulatory requirement.
7. 9.7 You acknowledge that BOUND's platform runs data retention sweeps that delete drafts after 90 days of inactivity and delete order content 90 days after delivery, except where retention is required by law or you have given consent to further use. BOUND is unable to provide a copy of any data you input outside of that window.
8. 9.8 You agree that BOUND may store the materials you provide (including personal information) on secure servers located in Australia and the United States, and may access those materials from Australia, the United States and New Zealand from time to time.
9. 9.9 If you are based in, or provide personal information about individuals from, the European Union or United Kingdom, BOUND will comply with its obligations as a data processor under the General Data Protection Regulation (EU 2016/679) and the equivalent UK law, as applicable. BOUND may request further documentation or evidence from you to ensure compliance.

10. Suspension and termination

1. 10.1 BOUND may suspend or restrict your access to the platform or services at any time if: fees are unpaid by you; you are in breach of these Terms; BOUND identifies any third-party intellectual property you have submitted; BOUND is required to do so by law or any regulatory authority; or BOUND, acting reasonably, considers that your conduct puts the platform, BOUND, or other users at material risk.
2. 10.2 BOUND may terminate these Terms at any time by providing 30 days' written notice to you, or immediately in the event of material breach by you or insolvency.
3. 10.3 On termination: your access to the platform and services immediately ceases; all fees incurred to the date of termination remain payable and due by you; the provisions on confidentiality, indemnity, intellectual property, privacy, and dispute resolution survive termination; and both parties will take all reasonable steps to effect a smooth transition and fulfil any outstanding obligations.

11. General conditions

1. 11.1 BOUND reserves the right to change these Terms from time to time by notice to you in writing. Changes apply from the date the updated Terms are uploaded to the website.
2. 11.2 If BOUND fails to enforce any term or to exercise its rights under these Terms at any time, BOUND has not waived those rights.
3. 11.3 Any agreement between you and BOUND is governed by the laws of New Zealand. You agree that any dispute is subject to the exclusive jurisdiction of the New Zealand courts, although BOUND reserves the right to commence proceedings against you in any other court.
4. 11.4 No waiver of any right, obligation, or term in these Terms is effective unless in writing and signed by the party granting the waiver. No delay or failure by either party in exercising any right constitutes a waiver of that right.
5. 11.5 All notices under these Terms must be in writing: to you, sent to the email address you enter in the platform; to us, sent to [email protected]. Notices are deemed received on the date of transmission if sent by email, provided the sender did not receive a notification that the email was undeliverable.

12. Data backup and antivirus updates

1. 12.1 You acknowledge that BOUND cannot keep your data secure under all circumstances, that you are responsible for data backup and antivirus software updates, and that you cannot make a claim based on loss of data against BOUND, its employees, agents or sub-contractors if you have failed to back up your data or have not kept your antivirus software up to date.

13. Cyber liability

1. 13.1 You acknowledge and agree that neither BOUND, nor any of its employees, officers, directors, agents or other service providers, has or will have any liability to you whatsoever (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages that arise out of or are connected in any way with your use of the product.

14. Indemnity

1. 14.1 You will indemnify BOUND against all claims in respect of any loss or damage, including consequential loss, sustained by a third party howsoever caused after your receipt of goods or services.

15. Confidentiality

1. 15.1 You agree not to disclose to any person any information relating to the services (including any user ID number, password, or PIN). This restriction does not apply to information which is or becomes publicly available otherwise than through a breach of your obligation.

16. Dispute resolution

1. 16.1 If any dispute arises under or in connection with these Terms, the parties will use good faith efforts to resolve it by negotiation.
2. 16.2 If negotiation fails within 30 days after the dispute was first notified in writing, either party may refer it to mediation administered by the Arbitrators' and Mediators' Institute of New Zealand (AMINZ).
3. 16.3 If mediation fails to resolve the dispute, it will be referred to arbitration in New Zealand under the Arbitration Act 1996, conducted by an arbitrator appointed by AMINZ.
4. 16.4 Nothing in this clause prevents a party from seeking urgent injunctive or interlocutory relief from the courts.

17. Severability

1. 17.1 If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions remain in full force and effect, and the parties will adjust their respective rights and obligations in accordance with the intention of the parties as shown by these Terms.

18. Definitions and interpretation

In these Terms, unless the context indicates otherwise:

1. Platform means the digital service operated by BOUND, including all web-based and app-based applications and related services described in these Terms.
2. Customer means any registered user of the platform.
3. Services means the creation of a customer's own photos into a custom printed colouring book.
4. Data means any information submitted, displayed, transmitted, or processed via the platform.
5. Intellectual Property Rights means all intellectual property rights, including copyright, patents, trademarks, design rights, trade secrets, domain names, know-how, and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
6. Personal Information means information about an identified individual as defined in section 7 of the Privacy Act 2020.
7. Fees means the charges payable for services, as displayed in the platform at the time you place an order, or as otherwise agreed in writing.
8. GST means goods and services tax payable under the Goods and Services Tax Act 1985 at the prevailing rate.
9. Privacy Policy means BOUND's privacy policy.
10. Notice means any formal correspondence under these Terms.