Almighty List App End User Licence Agreement

Version 1.0

 

1. Application

1.1.  Almighty List Limited (Almighty, we, us or our) located in Christchurch, New Zealand has developed a [Almighty List - New Zealand] mobile application software (App) which is available for download and use by users (you) via the App Store.

1.2. We licence you to use:

(a) the App and any updates or supplements to it; and

(b) the service you connect to via the App and the content we provide to you through the App (Service),(the Licence).

1.3. By downloading the App you agree to these terms (the Terms).

2. Your privacy

2.1. We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy [https://www.almightylist.co.nz/privacy-policy].

2.2. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

3. Apple's terms also apply

3.1. This Licence is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control.

3.2. The ways in which you can use the App is also controlled by the Usage Rules set out in the Apple Mediation Services Terms and Conditions: https://www.apple.com/legal/internet-services/itunes/.

3.3. Apple's rules and policies will apply instead of these Terms where there are differences between the two.

3.4. You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms in accordance with clause 1.3, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.

4. Support for the App and how to tell us about problems

4.1. We, not Apple, are responsible for addressing any of your claims relating to the App, your possession and / or use of the App and the Service.

4.2. If you want to learn more about the App or the Service or have any problems using them please refer to our website: https://www.almightylist.co.nz/.

4.3. If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at info@almightylist.co.nz or post in our feedback forum: https://www.almightylist.co.nz/forum.

4.4. If we have to contact you we will do so by email or by text message, using the contact details you have provided to us.

 

5. How you may use the App

5.1. In return for your agreeing to comply with these Terms you may download or stream a copy of the App onto your device and view, use and display the App and the Service on such devices for your personal purposes only.

6. Your acknowledgements

6.1.You warrant and represent that:

(a)You are over the age of 18 years.

(b)You have the express or implied authority of a New Zealand based business to download and use the App.

(c)Your use of the App will be in your capacity as a director (or such other authorised person) of a New Zealand based business.

7. You may not transfer the App to someone else

7.1. We are giving you personally the right to use the App and the Service as set out above.

 

7.2. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free.

7.3. If you sell any device on which the App is installed, you must remove the App from it.

8. Changes to these Terms

8.1. We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.

8.2. We will give you at least 14 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.

8.3. If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing Terms but certain new features may not be available to you.

9. Updates to the App and changes to the Service

9.1. From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

 

9.2. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

9.3. The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.

10. If someone else owns the phone or device you are using

10.1. If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so.  You will be responsible for complying with these Terms, whether or not you own the phone or other device.

11. We may collect technical data about your device

 

11.1 By using the App or the Service, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

12. We may collect location data

12.1. Certain Services may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device.

12.2. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.

13. We are not responsible for other websites you link to

13.1. The App or any Service may contain links to other independent websites which are not provided by us.  Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).  By using our App, you expressly relieve us from any and all liability arising from your use of any third-party website.

13.2. Any links to other websites should not be construed as an endorsement, approval or recommendation of the businesses or organisations associated with those websites or anything referred to or contained on those websites, unless and to the extent that we have specified to the contrary.

13.3 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

14. Licence restrictions

14.1. You agree that you will:

(a) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

 

(b) not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these Terms;

(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services.

15. Acceptable use restrictions

 

15.1. You must not:​

(a) use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;

(b) infringe our intellectual property rights or those of any third party (including other users of the App) in relation to your use of the App or any Service (to the extent that such use is not licensed by these Terms);

(c) post, share or otherwise transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

(d) use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(e) collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

16. Intellectual property rights

16.1.  We own all intellectual property rights in the App.

16.2. All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you.

16.3. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these Terms.

16.4. In the event of any third party claim that the App or in the event your possession and use of the App infringes a third party’s intellectual property rights, Apple has no responsibility for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

17. Disclaimer

17.1. To the extent permitted by law, we do not warrant that:​

(a) any information provided on our App is free from errors, reliable, accurate or complete;

(b) our App, or any content on it, will always be available or uninterrupted.  Access to our App is permitted on a temporary basis.  We may suspend, withdraw, discontinue, or change all or any part of our website without notice; or

(c) our App will be secure or free from bugs or viruses.

17.2. We warrant and represent that:

(a) we are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.

(b) in the event of any failure of the App to conform to any applicable warranty, we may notify Apple and Apple will refund the purchase price for the App to you.

 

(c) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty will be our sole responsibility.

18. Liability

18.1. If we fail to comply with these Terms we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.

18.2. If defective digital content that we have supplied damages a device or digital content belonging to you, we will use all reasonable endeavours to repair the damage or pay you compensation.

18.3. We will not be liable:​

(a) if our App is unavailable at any time;

(b) for any corruption of data or information held by us;

(c) for damage to your device or digital content that:

(i)you could have avoided by following our advice to apply an update offered to you free of charge; or

(ii) was caused by you failing to correctly follow installation instructions or failing to have in place the minimum system requirements advised by us; or

(d) for any consequential loss (including, without limitation, loss of profits or loss of data), suffered or incurred in connection with your use of our App, including (without limitation) any action taken or reliance made by you on any information or material provided by us.

18.4. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

19. Your responsibilities when using the App

19.1. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

19.2 The App and the Services have not been developed to meet your individual requirements.  Please check that the facilities and functions of the App and the Services (as described on the App Store) meet your requirements.

19.3 If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.  Provided we do this we will not be liable for delays caused by the event.  If there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

20. We may end your rights to use the App and the Services if you break these Terms

20.1 Your failure to comply with these Terms may result in any of the following:​

(a) our immediate, temporary or permanent withdrawal of your right to use the App;

(b) our issuing of a warning to you;

(c) legal proceedings or other legal action against you; and / or

(d) disclosure of information to the Police (or other applicable law enforcement authorities) as we reasonably consider to be necessary or as required by law.

 

20.2. If your failure to comply with these Terms can be remedied, we may give you a reasonable opportunity to remedy your breach.

 

20.3 If we end your rights to use the App and Services:

(a) You must stop all activities authorised by these terms, including your use of the App and any Services.

(b) You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

(c) We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

21. We may transfer this agreement to someone else

 

21.1. We may transfer our rights and obligations under these Terms to another organisation.

21.2. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

22. You need our consent to transfer your rights

22.1 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

 

23. General provisions

23.1. If any provision in these Terms is held to be invalid, illegal or unenforceable, this will not affect any other provision in these Terms.

23.2. The law of New Zealand applies to these Terms and the Services.  The New Zealand courts have jurisdiction in respect of these Terms and the Services.