These Terms and Conditions ("Terms") form a legal agreement between Overland NZ Limited ("Overland NZ", "We", "Us", "Our"), and you ("You" or "Your") for Overland NZ's Navigator Application ("App"). In these Terms, "Content" means any photo, story, comment, review, track log, campsite listing, map, blog post, video and any other media type on the App.
1.1
By accessing, using, or downloading the App, You agree to follow and be bound by these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes on Our website. It is Your responsibility to check this page periodically for changes. Your continued use of, or access to, Our App following the posting of any changes constitutes acceptance of the updated Terms. If You do not agree to any updated Terms, You must cease using the App.
1.2
Any new Content which is added to the App shall also be subject to these Terms.
2.1
When using the App, You must:
2.1.1.
do so for a lawful purpose only;
2.1.2.
follow any reasonable directions given by Us;
2.1.3.
not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any aspect of the App; and
2.1.4.
not disable, avoid, or circumvent any security or access restrictions of the App.
3.1
In order to see the Content or review 4WD touring tracks, routes, campsites and interest points, You will need to create an account. When You create an account, You agree and warrant that any information You provide about yourself is complete and accurate and that You will ensure this information is kept up to date.
3.2
The App is not intended or designed for children under 13 years of age. By using the App, You represent and warrant that You are at least 18 years of age and have reviewed and consent to these Terms, or, if You are under 18 years of age (but 13 years of age or older), then You confirm that Your parent or guardian has reviewed and agrees to these Terms and consents to Your access and use of the App.
4.1
If You accessed or downloaded the App from the Apple App Store, the following additional terms and conditions apply:
4.1.1.
These Terms are solely between You and Us, and not with Apple. We (and not Apple) are solely responsible for the App and its Content (subject to these Terms). You acknowledge that Apple has no obligation to furnish any maintenance or support services to You in connection with the App.
4.1.2.
In the event of any failure of the App to conform to any warranty that might be contained or implied into these Terms, You may notify Apple, and Apple will refund the purchase price (if any) for the App. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
4.1.3.
Any claim in connection with the App related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by these Terms, and Apple is not responsible for such claims.
4.1.4.
You must comply with the Apple App Store terms of use, including the Usage Rules.
4.1.5.
Apple and its subsidiaries are third party beneficiaries to these Terms and, upon Your acceptance of them, Apple will have the right to enforce these Terms against You.
4.1.6.
All other terms and conditions of these Terms apply to Your use of the App.
4.2
If You accessed or downloaded the App from the Google Play Store, You agree:
4.2.1.
Your rights to install and use the App are subject to these Terms and the relevant terms in the Google Play Store terms of service;
4.2.2.
Google is not responsible for the App in any way, including any maintenance or support of the App; and
4.2.3.
We (and not Google) are responsible for addressing any claims by You or a third party in connection with the App (including any claims by a third party that the App breaches that persons intellectual property rights).
4.3
You represent and warrant that You are not and will not, be located in any country that is the subject of a US Government embargo or that has been designated by the US Government a “terrorist supporting” country, and that You are not listed on any US Government list of prohibited or restricted parties.
5.1
You must ensure that all usernames and passwords required to access the App are kept secure and confidential. You must immediately notify Us of any unauthorised use of Your password or any other breach of security. You are responsible for all activity using Your account.
5.2
You may log in or access the App through third party providers. By logging in or accessing the App through third party providers, You authorise us to collect, store, use and/or disclose personal information made available by these third party providers in accordance with our Privacy Policy.
6.1
Your right to use the App is conditional upon You paying the applicable fees (if any) for Your subscription to use the App. A subscription allows access to functionality or data of the App for is a defined period of time that will be clearly shown to You at the time of subscription. If You use a free version of the App, Your subscription for that version does not require payment of any fees.
6.2
If You download and install the App from:
6.2.1
Our Website, You will pay the applicable fees via Stripe New Zealand Limited, (NZBN: 9429041687628) (“Stripe”);
6.2.2
The Apple App Store, You will pay the applicable fees via the Apple App Store; and
6.2.3
The Google Play Store, You will pay the applicable fees via the Google Play Store.
6.3
If the applicable fees (if any) for Your subscription are not paid when due, We may suspend and/or Your right to use the App with or without prior notice.
6.4
If You purchase a subscription for a term, then Your subscription will be automatically renewed for the same duration as the then-current term unless You decline to renew Your subscription.
6.5
We may alter the applicable fees for use of the App either by publishing the updated fees on Our website or by giving You written notice to the email address associated with Your account.
6.6
To enable payments to be processed through Stripe, the Apple App Store and/or the Google Play Store, You authorise Us to share with Stripe any of Your information necessary to facilitate the payment through Stripe, the Apple App Store and/or the Google Play Store and any information related to Your use of Stripe, the Apple App Store and/or the Google Play Store’s services.
7.1
We may collect, store, use or disclose Content submitted, uploaded, or added by You to the App in accordance with these Terms and our Privacy Policy. Between You and Us, You remain solely responsible for Content You submit, upload, or add to the App. You grant us a worldwide, non-exclusive, royalty-free, transferable right and licence to use, store, reproduce and display any Content You upload or add to the App in any form, medium or technology as we deem appropriate.
7.2
You must not submit, upload or add Content to the App that:
7.2.1
is untrue, false, inaccurate, or likely to be misleading;
7.2.2
is illegal, offensive, or otherwise harmful to others. This includes content that is harassing, inappropriate, or abusive; or
7.2.3
violates the law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches agreements You have with others.
7.3
We reserve the right to delete any Content (including reviews) on the App that We deem, in Our sole discretion, to violate the above Content guidelines or any other provision of these Terms. We do not guarantee to You that You will have any recourse through Us to edit, delete, or recover any Content You have submitted. We have no liability to You for any Content (including reviews) submitted by other users of the App.
7.4
We are not responsible if Content made available by the App is not accurate, complete or current. We reserve the right to modify the Content at any time, but we have no obligation to update any Content.
7.5
The App, and the Content available through the App, is provided for general information only and should not be relied upon or used as the sole basis for making decisions without using Your own judgment, and consulting primary, more accurate, complete or timely sources of information, such as checking weather forecasts and information provided by the Department of Conservation. Any reliance on the Content is at Your own risk and We take no responsibility for any action You take, fail to take, due to or in reliance on any information contained in the App or referred to by Us.
8.1
While we make reasonable efforts to ensure that the App is always generally available for use, we do not accept responsibility if the App does not work at any time.
8.2
To the maximum extent permitted by law, the App is provided ‘as is’ and ‘as available’ for Your personal use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
8.3
We take no responsibility for the accuracy, accessibility, completeness, timeliness or, reliability of the information provided in connection with the App, including without limitation in respect of:
8.3.1
any errors, mistakes or inaccuracies;
8.3.2
any action You take, fail to take, due to, or in reliance on, any information contained in the App or referred to by Us;
8.3.3
Your safety, or Your vehicle’s safety due to, or in reliance on, any information contained in the App or referred to by Us;
8.3.4
personal injury or property damage of any kind resulting from Your access or use of the App;
8.3.5
any trespass notices issued to You resulting from Your access or use of the App; and
8.3.6
any interruption of Your use of the App.
8.4
You accept all risk related to following advice in the App and Content and agree to use Your own judgement and seek professional advice before undertaking any of the activities shown or described in the App.
8.5
The App may contain links to other websites or services that are not owned or controlled by Us. Those websites and services are not under Our control. We are not responsible for, make no representations or warranties in relation to, and do not endorse the content of those linked websites and services and provide them solely for Your information and convenience.
9.1
To the maximum extent permitted by law:
9.1.1
Overland NZ, and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors will not be liable to You for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from or relating to these Terms or Your use of the App, including, but not limited to, any errors or omissions in any Content, even if We have been advised of the possibility of such damages; and
9.1.2
Our total liability to You for all damages will not exceed the amount paid by You to use the App in the three months immediately preceding Your claim.
10.1
You shall indemnify and hold harmless, Us, our agents, affiliates, directors, officers and employees from and against any and all third party claims, liabilities, losses and expenses (including all associated actual legal costs), due to, arising out of or in connection with, Your:
10.1.1
use of the App;
10.1.2
violation of these Terms; or
10.1.3
violation of any law or the rights (including intellectual property rights) of a third party.
10.2
You acknowledge and accept that We may, at Our option, control the investigation, defence and settlement of legal claims arising out of or in connection with Your use of the App and You shall cooperate with us in respect of such investigation, defence and/or settlement where reasonably requested.
11.1
Nothing in these Terms gives You any ownership rights over the App, nor any aspect of the App, including Content.
11.2
Under these Terms, we grant You a non-exclusive, non-transferable, non-sub-licensable, revocable, and limited right to use the App, and the Content in accordance with these Terms, Your personal, non-commercial use.
11.3
Where You provide any suggestions or feedback to Us about the App, or submit any Content on the App, You acknowledge and agree that We may freely use and disclose all such suggestions, feedback and Content as We see fit for any purpose.
12.1
We reserve the right to modify, add, or remove parts of the App at any time. We may introduce improvements and new features from time to time into the App, some of which may be made immediately available.
12.2
We will not be liable to You or to any third party for any modification, change, suspension or discontinuance of the App or any part of it.
13.1
You may cease using the App at any time by emailing Us to deactivate Your account. You may also cancel Your subscription for the App at any time through the applicable online store (e.g. Apple App Store or Google Play Store) is You subscribed through a store.
13.2
If We reasonably consider in Our sole discretion that You have breached any of these Terms, We may immediately and without notice take all or any of the following actions:
13.2.1
issue a warning to You;
13.2.2
immediate, temporary, or permanent suspension of Your account;
13.2.3
place any restriction on Your access to the App (or part of it);
13.2.4
immediate, temporary, or permanent deactivation of Your account; and/or
13.2.5
disclose such information to law enforcement authorities as We reasonably feel is necessary.
13.3
If Your account is deactivated:
13.3.1
Your account can no longer be accessed by You; and
13.3.2
any Content You have uploaded or submitted on the App may continue to be displayed to other users.
14.1
We are committed to protecting Your privacy. By using the App, You consent to the collection, use, storage and disclosure of Your personal information as outlined in Our Privacy Policy.
15.1
These Terms will be governed by, and construed in accordance with, the laws of New Zealand.
15.2
These Terms (together with any other terms and conditions notified by Us to You) constitute the entire agreement between Us and You regarding Your use of the App and supersede all prior arrangements, agreements and understandings between You and Us.
15.3
Any delay or failure to enforce Our rights under these Terms does not mean We have waived those rights.
15.4
Questions about these Terms should be sent to Us at [email protected]