Terms & Conditions

1. Introduction

1.1 This is the website of Trust Codes Limited (“Trust Codes®”), a company incorporated in New Zealand.

1.2 By using this website and/or Trust Codes®’ smartphone application (the “App”), you acknowledge you have read, and agree to comply with, these Terms of Use and Trust Codes®’ Privacy Policy (which can also be accessed through this website).

2. Trust Codes®’ services

2.1 The services made available to you through this website and/or the App are referred to in these Terms of Use as the “Services”. The Services may be changed, or access to one or more of the Services limited, at any time at Trust Codes®’ sole discretion and without notice to you.

2.2 Before you can use the Services, you will need to download the App, or another smartphone application, that enables you to read Trust Codes®’ QR Codes.

2.3 Trust Codes® provides encrypted QR Codes to manufacturers who stick, attach, append or otherwise affix those QR Codes to their products before they are distributed for sale. These QR Codes may be scanned using a smartphone.

2.4 When you scan a QR Code with your smartphone, you will be provided with information in respect of the product you have scanned. This information will assist you to verify whether the product is genuine or fake. If you are at all concerned with the information provided, you should not purchase or consume the product.

2.5 By scanning QR Codes, you may assist the manufacturer to:

(a) identify counterfeit products (for example, if the QR Code is for a product that has previously been sold); and

(b) identify the location of where its products are being sold.

3. Your log in

3.1 You can register to use the Services through this website.

3.2 The website provides you with the opportunity to establish a log in account. You must keep your log in information (including your password) secure at all times. If your log in information is lost or stolen, you must notify Trust Codes® immediately.

3.3 It is free to establish a log in and use the Services.

4. Your covenants

4.1 You agree not to:

(a) use the Services for any unlawful purpose;

(b) use this website, any of Trust Codes®’ systems, in any manner which:

(i) does, or may, damage, disable, overburden or otherwise impair this website or interfere with any other person's use and enjoyment of the Services and/or this website;

(ii) is intended to find, collect or store information about users of the Services and/or this website;

(c) access, search, download from or use, or attempt to access, search, download from or use, this website other than by using the software and search agents provided by Trust Codes®;

(d) introduce materials to this website, including software, which includes any spyware, viruses, worms, trojan horses, harmful scripts or codes or any other damaging items which could interfere with the website.

5. Smartphone application

5.1 Trust Codes® makes access to this website and the Services available via the App and grants you, a non-exclusive and non-transferable, licence to use the App for any mobile device owned or leased solely by you for your personal use. This licence may be revoked at any time by Trust Codes® and without notice. Trust Codes® retains all right, title, and interest in and to the App. You may be charged by any provider of services to your smartphone for using the App.

5.2 If you use the App, you will be deemed to have read, and agreed to, these Terms of Use.

5.3 You may not modify, disassemble, decompile or reverse engineer the App, sublicense or otherwise transfer the App, make any copies of the App or remove, circumvent, disable or otherwise interfere with security-related features of the App.

5.4 Trust Codes® may from time to time issue upgraded versions of the App, and/or may automatically upgrade the version of the App that you are using, without notice to you. If you use the App, you will be deemed to have consented to any such upgrades.

5.5 Trust Codes® makes no representations or warranties as to the compatibility of its App with any particular mobile device.

6. Intellectual Property

6.1 For the purposes of these Terms of Use, “Intellectual Property” means all rights to, and interests in, any copyright, trade mark, patent, design, know-how, trade secret, domain name, rights in software, rights in inventions, and any other proprietary right or form of intellectual property (whether protectable by registration or not).

6.2 All Intellectual Property in the Services and this website is owned by Trust Codes® and none of the contents of this website may be used, reproduced, copied or distributed, in any way whatsoever, other than for the purpose of using the Services.

7. Limitation of liability and indemnity

7.1 Trust Codes® has no responsibility or liability whatsoever for any product you purchase and/or consume with one of Trust Codes®’ QR Codes. All claims and other issues with the product you have purchased and/or consumed should be directed to the relevant manufacturer.

7.2 To the maximum extent permitted by law, any and all liability and responsibility of Trust Codes® to you or any other person under or connection with these Terms of Use, your access to, or use of, the Services or this website, your inability to use the Services or this website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Trust Codes®’ liability and responsibility is excluded for any indirect or consequential loss or for any loss of revenue, profits, goodwill, business or anticipated business, anticipated savings or for any business interruption, loss of data, or other indirect or consequential loss or damage and whether or not Trust Codes® has been informed of the possibility of such damage.

7.3 Without limiting Trust Codes®’ rights and remedies, you agree to indemnify Trust Codes®, as a continuing indemnity, against all costs, losses, liabilities (including legal and other professional expenses on a full indemnity basis), claims, demands, damages, fines and penalties (including any consequential or indirect losses, economic losses or loss of profits) of Trust Codes® arising directly or indirectly out of, or in connection with, your access to or use of the Services and/or this website.

8. Disclaimers

8.1 If you scan a genuine QR Code, this only means that the QR Code is one which Trust Codes® has supplied to a manufacturer. Trust Codes® provides no assurance that the contents of the packaging on which the QR Code is located, or the product inside, is genuine.

8.2 Manufacturers to whom Trust Codes® provides QR Codes are solely responsible for the QR Codes once Trust Codes® has created, and delivered, them to the manufacturer. Trust Codes® has no responsibility or liability whatsoever for any QR Code that you scan that may have been lost, stolen or misplaced by the manufacturer.

8.3 Trust Codes® gives no guarantee that a product you scan which has one of Trust Codes®’ QR Codes will not be a counterfeit or otherwise fake.

8.4 The manufacturer determines the rules for determining when one or more scans of a QR Code should be deemed to be suspicious and/or whether any particular action should be taken on the part of the manufacturer in respect of the QR Code scanned. Those rules will vary from time to time and from manufacturer to manufacturer.

8.5 This website is provided on a “as is” basis without representations or warranties of any kind either express or implied.

8.6 Trust Codes® is not responsible for any:

(a) corruption or loss of data or other content which you or any other person may experience; or

(b) software, network, computer system, hardware, devices or other equipment that may be harmed, after, or as a result of, using this website.

8.7 Trust Codes® does not represent or warrant that this website will function uninterrupted, that it will be error-free, that defects will be corrected or that this website or the server that makes it available will be free of any virus or other harmful elements.

9. Privacy

9.1 By using the Services you consent to Trust Codes®, or its agents, collecting and using information about you and the products you scan (including aggregating that information with the information of other users of this website and/or persons who scan Trust Codes®’ QR Codes) in accordance with the terms of Trust Codes®’ Privacy Policy.

9.2 You provide information to Trust Codes® at your own risk and, to the extent permitted by law, Trust Codes® does not warrant or guarantee that personal information will be protected against misuse, loss or alterations.

10. Termination

10.1 Trust Codes® may terminate your log in at any time without notice or liability to you.

10.2 Trust Codes® reserves the right to alter, suspend or terminate this website temporarily or permanently at any time without notice or liability to you.

11. Links

11.1 This website may contain links to the websites of manufacturers to whom Trust Codes® has supplied QR Codes or to the websites of other persons (“Linked Sites”). The Linked Sites are not under the control of Trust Codes® and Trust Codes® is not responsible for, and does not recommend or otherwise endorse, the contents of any Linked Site. Trust Codes® has no liability whatsoever in respect of your use of, or access to, any Linked Site.

12. Amendments

12.1 Trust Codes® reserves the right to amend these Terms of Use, in whole or in part, without notice to you. Amendments will be effective immediately upon posting of the amended Terms of Use on this website. The date at the beginning of these Terms of Use will be updated to the date such amendments take effect. You are responsible for ensuring you are familiar with the latest Terms of Use. Your continued use of this website after any amendments are made will be confirmation of your acceptance of these Terms of Use as amended.

13. General

13.1 The provisions of clauses 2, 6, 8 and 10, and any other clauses that are, by their nature, intended to survive termination, will survive the termination of your use of the Services.

13.2 Trust Codes® may, directly or indirectly, assign, transfer or otherwise dispose of its rights or interests in, or obligations or liabilities under, these Terms of Use to any person at any time.

13.3 No waiver of any breach, or failure to enforce any provision, of these Terms of Use at any time by Trust Codes® will in any way affect, limit or waive Trust Codes®’ right to enforce and compel strict compliance with the provisions of these Terms of Use.

13.4 If any part of these Terms of Use is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable such determination will not impair the enforceability of the remaining parts of these Terms of Use, which will remain in full force and effect.

13.5 These Terms of Use, and any amendments may be made by Trust Codes®, constitute the entire agreement and understanding (express and implied) between you and Trust Codes® in connection with your access and use of the Services and/or this website.

13.6 This website is operated from within New Zealand. Trust Codes® makes no representation that the Services and/or this website are appropriate for use by persons in any other jurisdiction. If you access this website from another jurisdiction you are entirely responsible for all laws of that jurisdiction. You should not construe anything on this website as a promotion or solicitation for any product or service, or for the use of any product or service, that is not authorised by the laws of your country of residence.

13.7 This website is governed by, and will be construed in accordance with, the laws of New Zealand.