1 Application of terms
1.1 These Terms apply to your use of the Road Trip Pal App and Website. By accessing and using the App and Website:
a) you agree to these Terms; and
b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the App and Website, and you must immediately stop doing so.
1.3 Users of our App and Website must be 13 or above. If you are between the ages of 13 and 18 years of age please have a parent read and agree to these Terms. If you are under the age of 13 please stop using our App and Website immediately.
2.1 We may change these Terms at any time by updating them on the App and Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the App and Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the App and Website without notice or liability. We reserve the right to alter, update, or remove our App from your system at any time, or demand that you do so. We may conduct such modifications to our App for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the App for security, legal or other purposes.
2.3 These Terms were last updated on December 1st 2018.
In these Terms: including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis personal information means information about an identifiable, living person
Underlying System means any network, system, software, data or material that underlies or is connected to the App or Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us or our means Jonathan Povey, acting as sole trader for Road Trip Pal.
Website means www.roadtrippal.co.nz
App means the Apple IOS Road Trip Pal app or the Google Play Store Android Road Trip Pal app You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4 Your obligations
4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure and: a not permit any other person to use your User ID, including not disclosing or providing it to any other person; and b immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to email@example.com.
4.3 You must: a not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the App or Website or any Underlying System; and b unless with our agreement, access the App or Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.4 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our App or Website by using your User ID.
4.5 You are solely responsible to provide, maintain and manage the equipment necessary for the use or access to the App or Website, including, but not limited to your mobile devices, tablet devices, computers, ear plugs, ear phones, head phones, chargers, auxiliary jack, bluetooth devices, USB cords and any other hardware or software needed to use and access the App or Website.In addition, you further agree that you are solely responsible for providing and managing the Internet connection and data, and all their related fees incurred as the result of your use or access to the App or Website. Although the App can be used offline, you hereby acknowledge that the App may access the Internet data on your device during your access or use to the App, or while the App are in the background state of your mobile device. You further acknowledge that if you do not wish to use any Internet connection or Internet data, you may turn off your mobile device’s access to the Internet or data by managing it under setting provided on your device. For specific instruction on how to turn off your device’s Internet and data usage, please consult your device’s manufacturer. You assume all responsibility for all data fees during your use, or related to your use or access to the App.
5 Intellectual property
We (and our licensors) own all proprietary and intellectual property rights in the App and Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with: a the App or Website being unavailable (in whole or in part) or performing slowly; b any error in, or omission from, any information made available through the App or Website; c any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the App or Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the App or Website protects you from this; and d any site linked from the App or Website. Any link on the App or Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
6.2 We make no representation or warranty that the App or Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the App or Website is not illegal or prohibited, and for your own compliance with applicable local laws.
6.3 Our App or Website are to be used for general purposes. We cannot guarantee that any use of our App or Website will result in any desired results for you. We cannot guarantee that all locations are accurate on our maps. In some instances we may use third party data, although their data is generally accurate, errors may occur. Please do not rely on our App or Website at the risk of your safety or the safety of others. You understand that our App does not show what is actually taking place in front of you and is only approximate. You agree that any information or Content found on our App or Website is “as-is” and with all faults. Any alerts are merely visualizations of data from our App or Website, they may not reflect actual circumstances. Predicted locations, routes and points of interests are all estimates.
7.1 To the maximum extent permitted by law: a you access and use the App or Website at your own risk; and b we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the App or Website, or your access and use of (or inability to access or use) the App or Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the App or Website, or your access and use of (or inability to access or use) the App or Website, must not exceed NZD100.
8.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
8.2 When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.
8.3 The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you and research and development.
8.5 Location Data: The App uses your location data to display relevant maps and tours to you.
•(a) Your location data is neither transmitted to My Tours or Road Trip Pal or stored on the My Tours or Road Trip Pal servers.
•(b) You may turn off the location features under the settings page of the app.
8.6 Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
a) to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website). Road Trip Pal uses a number of third party tools to run the Road Trip Pal App or Website. These tools may store personal information and/or aggregate data to help us provide the Road Trip Pal App or Website to you and to communicate with you.
• MyTours (https://www.mytoursapp.com/privacy-policy/)
b) in relation to the proposed purchase or acquisition of our business or assets; or c where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
8.7 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
8.8 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at firstname.lastname@example.org
9 Suspension and termination
9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the App or Website (or any part of it).
9.2 On suspension or termination, you must immediately cease using the App or Website and must not attempt to gain further access.
10.1 If we need to contact you, we may do so by email or by posting a notice on the App or Website. You agree that this satisfies all legal requirements in relation to written communications.
10.2 These Terms, and any dispute relating to these Terms or the App or Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the App or Website.
10.3 For us to waive a right under these Terms, the waiver must be in writing.
10.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
10.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
10.6 These Terms set out everything agreed by the parties relating to your use of the App or Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the App or Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
10.7 We make an App available for downloading on our Website or elsewhere, such as a third party store dedicated to the promotion and sale of apps. When you download our App, you are given the right to download one copy of the App at the price listed, if any.We grant you a non-commercial personal, non-exclusive, revocable, limited license to use our Website and download our App. You acknowledge that we maintain all right, title, and interest in our App and Website. This means you cannot sell our App anywhere else, share your license to use our App and Website with anyone else, reverse engineer or otherwise attempt to copy our App and Website, or try and make money off of it without our express written permission. Even if we offer our App for free, you must still abide by these provisions, you must not copy or otherwise use our App in a manner prohibited by this section. You obtain no ownership rights when you purchase and download our App, but are instead buying (or, in the case of a free download, being given) a license to install and use the App within the confines of these Terms.
10.8 The App may either be downloaded, for free or for a fee, through a third party applications marketplace. Any refunds or disputes with payment must be processed through the third party applications marketplace.