Terms and Conditions

1. General

These Terms and Conditions of Service form a legal agreement between Overland NZ Limited (“Overland NZ”, "We"), and the consumer (“You”) for Overland NZ's services ("Services"). The "Content" is any original photo, story, track log, map, blog post, video and any other media type that The Publisher may publish now or in the future. "Terms" is this document. “Services” includes but is not limited to the Overland Navigator mobile application and Overland Navigator web application and any other application or service Overland NZ offers or may offer in the future.

By accessing, using, or downloading any of the Services, you agree to follow and be bound by the Terms. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Any new features or tools which are added to the Service shall also be subject to the Terms of Service.

A breach or violation of any of the Terms will result in an immediate termination of your Services without notice.

2. No liability accepted

All Content is provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. The Publisher take no responsibility for it's accuracy, accessibility, your safety, your vehicles safety or the Services or Contents usefulness. You accept all risk related to following advice in the Service and Content and agree to seek professional advice before undertaking any of the actives shown or described in the Content.

In no case shall Overland NZ, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, 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 your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

3. All original Content remains property of Overland NZ Limited

You are free to share simple links (urls to the Service) of the Content published by The Publisher but you cannot claim the Content as your own or otherwise. You may not reproduce the Content in any other publication or form without the written permission of The Publisher.

4. Eligibility

The Services are not intended or designed for children under 13 years of age. By using the Services, you represent and warrant that you are at least 18 years of age and have reviewed and now consent to the Terms, or, if you are under 18 years of age (but 13 years of age or older), then you affirm that you possess the legal consent of your parent or guardian to access and use the Services.

5. Termination of Service or You

We reserve the right to modify or discontinue, temporarily or permanently and at any time, the Services or any portion of them with or without notice. You agree that We are not liable to you or to any third party in any way for any modification, suspension, or discontinuance of all or some of the Services.

You agree to provide a valid email address for the Service and that an invalid email address or an email address with excessive bounces may result in account termination.

6. Modification fo the Terms and Conditions of use

We reserve the right, at our discretion, to revise, modify, add, or remove portions of the Terms at any time. By your use of the Services, you obligate yourself to periodically check the Terms for any changes. Your continued use of the Services after the posting of any revisions or modifications to the Terms constitutes your binding acceptance of such changes.

7. Accuracy, Completeness And Timeliness Of Information

We are not responsible if Content made available by the Service is not accurate, complete or current. The Content provided by the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Content of this Service is at your own risk.

This Service may contain certain historical Content. Historical Content, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Content of the Service at any time, but we have no obligation to update any information provided by the Service.

8. Personal information

Your submission of personal information through the Service is governed by our Privacy Policy.

9. Email communication

By creating an account you agree to be automatically subscribed to our updates and marketing emails. You can unsubscribe at any point. You cannot unsubscribe from certain account emails such as, but not limited to, password resets, Overland NZ Ltd comment notifications and important application updates.

10. Subscription terms

A “Subscription” is defined as per-term (A defined period of time that will be clearly shown to you) access to any functionality or data as defined by the Service and Overland NZ. You agree that the functionality can be changed at any time without notice. A “Store” is provided by Apple or Google depending on where you purchase a Subscription.

If you purchase a Subscription to the Services for a term then your subscription will be automatically renewed for the same duration as the current term unless you decline to renew your subscription.

Payment processing is performed by one of Overland NZ’s third-party payment processors (such processors collectively, “Payment Processor”). Your use of the payment processing provided by the Payment Processor may be subject to additional terms, as provided by the Payment Processor processing your respective transaction and as may be modified by such Payment Processor from time to time (collectively, the “Payment Processor Agreement”).

You are responsible for managing your subscription using the tools provided by the Service or the Store where you purchased the Subscription, Overland NZ takes no responsibility beyond what is required by law to refund mistaken purchases.

10.1 Refunds

We do not have to give a refund if you change your mind about a purchasing a subscription after a payment is made. If you have serious technical issues preventing you from accessing the service or cancelling your subscription before your billing period is up we will work to remedy the issue as required by law - please be sure to contact us as soon as possible.

10.2 Free trials and other promotion offers

Certain Subscription offerings may be available with a free trial or other promotion basis known as a “Promotional Offer”, the period of which will be communicated with you via the Service. Unless otherwise explicitly specified, your access to the subscription functionality or data is prohibited unless you purchase a Subscription to the Service after the completion of your Promotional Offer. To the extent expressly indicated at the time of signing up for a Promotional Offer, your Promotional Offer may automatically convert to a paid Subscription and your Payment Method will be charged for the applicable Subscription at the expiration of your Promotional Offer unless you cancel the Subscription before the Promotional Offer ends.

10.3 Changing fees

We may at any time and from time to time, in our sole discretion change the fees and charges, or add new fees and charges in relation to the Service or offerings. We will notify you at least 30 calendar days in advance of any such change. Your continued use of the Service after these price changes become effective constitutes your agreement to pay the changed amount. If you do not agree to the change you must cancel your Subscription before your next billing period.

11. Device requirements

The Service includes certain elements that are available by mobile device including, but not limited to, the ability to browse the Service website from a mobile device and the ability to install an application through the relevant App Store. Not all devices are compatible with the Service you and you agree to take all necessary steps to ensure compatibility. Wireless carrier charges may apply to access the Service, you accept all responsibility to cover any arising costs or limitations that may come from using the Service.

12. Availability of the Service

Although we aim to provide the best Service possible, we make no promises that the Service will meet your requirements and we cannot guarantee that the Service or Apps will be fault free. If a fault occurs please get in touch ([email protected]) and we will review your complaint and determine the appropriate response. Your access to the Service may be interrupted from time to time to allow for repairs, maintenance or the introduction of new features or Products. We will restore any access to the Service as soon as we reasonably can.

13. Personal use only

The Service and its content are intended solely for the personal, non-commercial use of individual users. Users are prohibited from using the Service or any of its content for commercial purposes without obtaining a prior written agreement from Overland NZ Limited. Any unauthorized commercial use of the Service, its content, or any part thereof may result in the immediate termination of your account and may subject you to legal action. To inquire about obtaining permission for commercial use, please contact us at [email protected].

14. Prohibited Uses

You may not use the Service or its content for any unlawful purpose, to solicit others to perform or participate in unlawful acts, to infringe upon our intellectual property rights or those of others, or to engage in any conduct that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Service.

15. Intellectual Property Rights

All original content, features, and functionality of the Service, including but not limited to, text, graphics, logos, icons, images, and software, are the exclusive property of Overland NZ Limited and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Service for your personal, non-commercial use, subject to these Terms and Conditions.

16. Third-Party Links

The Service or its content may contain links to third-party websites or services that are not owned or controlled by Overland NZ Limited. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Overland NZ Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

17. Waiver

No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision, and Overland NZ Limited's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

18. Questions

Questions about the Terms of Service should be sent to us at [email protected].