Dog Friendly New Zealand

Terms & Conditions

Last updated February 18, 2021

 

Dog Friendly New Zealand is licensed to You (End-User) by Dog Friendly New Zealand Limited, located at Unit 35, 210 Victoria Street West, Auckland 1010, New Zealand (hereinafter: Licensor), for us only under the terms of this License Agreement.

 

By downloading the Application from the Apple AppStore or Google Play Store and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all the terms and conditions of this License Agreement, and that You accept this License Agreement.

 

The parties of this License Agreement acknowledge that Apple and Google are not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Dog Friendly New Zealand Limited is solely responsible for the licensed Application and the content thereof.

 

All rights not expressly granted to You are reserved.

 

  1. THE APPLICATION

Dog Friendly New Zealand (hereinafter: Application) is a piece of software created to inform New Zealand dog owners of dog friendly locations and businesses – and customised for Apple and Android mobile devices. It is used to find dog friendly locations and businesses.

 

  1. SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded or Android products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store and Google Play Store Terms of Service.

2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple and Google Play Terms and Conditions, and with Dog Friendly New Zealand Limited’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Dog Friendly New Zealand Limited’s prior written consent).

2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this license should be interpreted to restricted third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

 

  1. TECHNICAL REQUIREMENTS

3.1 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Applications satisfies the technical specifications mentioned.

3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

 

  1. MAINTENANCE AND SUPPORT

4.1 Dog Friendly New Zealand Limited is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.

4.2 Dog Friendly New Zealand Limited and the End-User acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

 

  1. USER GENERATED CONTRIBUTION

The Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you may transmit may be treated in accordance with the Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and the other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
  4. Your Contributions are not false, inaccurate or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  7. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person.
  8. Your Contributions do not violate any applicable law, regulation or rule.
  9. Your Contributions do not violate the privacy or publicity rights of any third party.
  10. Your Contributions do not include any offense comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  11. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

 

Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.

 

  1. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

  1. LIABILITY

7.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to the licensed Application.

 

  1. WARRANTY

8.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.

8.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Dog Friendly New Zealand Limited’s sphere of influence that affect the executability of the Application.

8.3 You are required to inspect the Application immediately after installing it and notify Dog Friendly New Zealand Limited about issues discovered without delay by e-mail, provided in Section 10 of this agreement. The defect report will be taken into consideration and further investigated if it has been mailed within a period of 14 days after discovery.

8.4 If we confirm that the Application is defective, Dog Friendly New Zealand Limited reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

8.5 In the event of any failure of the Application to conform to any applicable warranty or partnership agreement, You may notify Dog Friendly New Zealand and Your Application purchase price or partnership fee will be refunded to You. To the maximum extent permitted by applicable law, Dog Friendly New Zealand will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

8.6 If the user is a business partnered with Dog Friendly New Zealand, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

 

  1. PRODUCT CLAIMS

Dog Friendly New Zealand Limited and the End-User acknowledges that Dog Friendly New Zealand Limited is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

 

(i) product liability claims;

(ii) any claim that licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation.

 

  1. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

Dog Friendly New Zealand

Unit 35, 210 Victoria Street West

Auckland CBD

Auckland 1010

New Zealand

 

  1. TERMINATION

The license is valid until terminated by Dog Friendly New Zealand Limited or by You. Your rights under this license will terminate automatically without notice from Dog Friendly New Zealand Limited if You fail to adhere to any term(s) of this license. Upon termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

 

  1. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Dog Friendly New Zealand Limited represents and warrants that Dog Friendly New Zealand Limited will comply with applicable third-party terms of agreement when using licensed Application.

 

  1. APPLICABLE LAW

The license agreement is governed by the laws of New Zealand.

 

  1. MISCELLANEOUS

15.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

15.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

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