Terms and Conditions

SCHISTROCKMEDIA LIMITED – WĀNAKA APP TERMS OF USE

By visiting or using this Wanaka App You agree to be bound by these Terms. We may change these Terms at any time and will post the changes on the Wanaka App. If You disagree with the changes then You must stop visiting and using this Wanaka App.

DEFINITIONS

In these Terms, the following words have the following meanings:

Wanaka App: means the Mobile Application (The Wānaka App) and the Web Application (https://wanakaapp.nz) owned and operated by Us.

including: means including without limitation.

Our IP: means intellectual property owned or licensed by Us relating to Our Wanaka App, Products or Services, including the text, graphics, logos, icons, the software and any other material underlying or forming part of this Wanaka App or Our Products or Services and includes any rights to that intellectual property, including any copyright, trade or service mark, trade or business name, logos and any other distinctive brand features, design, patent, semiconductor or circuit layout right, computer code (including source, library, object, and executable code), inventions and logical sequences, in all cases whether registered or unregistered and anywhere in the world.

Privacy Statement: means Our Privacy Statement available at https://wanakaapp.nz/privacy-statement.

Products: means any products provided to You by Us via the Wanaka App.

Services: means any services, features or functionalities provided to You by Us via the Wanaka App.

Website: means this website.

We, Us and Our: means Schistrockmedia Limited.

You: means you as an individual and Your has a corresponding meaning.

ACCESS AND USE

You agree to access and use the Wanaka App and any Products and Services in accordance with these Terms and all applicable laws. You may:

temporarily download one copy of the Wanaka App content for personal, non-commercial transitory viewing only.

You may not:

Archive, copy, reproduce, distribute, modify, display, publish, licence, create adaptations or derivative works from, offer for sale or use (except as expressly authorised under these Terms) any of the Wanaka App content;
Circumvent, remove, alter, disable, deactivate or otherwise interfere with any security-related features of the Wanaka App;
Use any automated tools or mechanisms including any robot, spider or scraper to access the Wanaka App or insert any code or manipulate the Wanaka App;
Reverse engineer, disassemble or decompile any software or software processes in relation to the Wanaka App;
use the Wanaka App content for any commercial purpose, or for any public display (commercial or non-commercial);
remove any copyright or other proprietary notices on the Wanaka App;
Install any viruses, worms, malware or other harmful or destructive software or thing that may impair the functionality of the Website or the ability of others to access and use the Wanaka App, Products or Services.

OUR OPTIONS

Under these Terms, We may:

Edit or remove any content, features or functionality of the Wanaka App;
If you are a Member, monitor Your account and activities on the Wanaka App;
If You are not a Member, monitor Your use of the Wanaka App;

If You breach these Terms, We may:

Suspend or terminate Your account (if You are a Member); and/or
Take legal action against You.

INTELLECTUAL PROPERTY

Unless expressly provided for in these Terms (or separately agreed between us in writing), Your use of this Wanaka App or Our Products or Services do not transfer the ownership or grant any right or title in or to any of Our IP to You or any third party. You agree and acknowledge that:

We retain all right, title and interest in and to the Our IP and You agree to not attack, dispute or contest the validity, or the ownership, of Our IP; and
no ownership rights in any of Our IP are vested or created by the limited rights of use granted to You under these Terms and that all use of Our IP under these Terms, continues for Our benefit.

PRIVACY AND COMMUNICATION

By using the Wanaka App, You agree to abide by and comply with Our Privacy Statement located at https://wanakaapp.nz/privacy-statement. You agree that We can send You information relating to Our Products and Services by using electronic messages or other means. You may unsubscribe from the electronic messaging services at any time by emailing Us here.

MEMBER’S AREA

If you are a Member of the Wanaka App, You agree to comply with the following when posting feedback and/or other content in the Member’s discussion area.

You may not:

post defamatory statements;
post retaliatory feedback;
post content that contains swear words or other offensive or inappropriate material;
post content that discloses personal information about a Member or any other person (without their consent);

We may remove and/or edit Your content if:

It breaches these Terms and/or any other agreement You have with Us;
We receive a Court order to remove the content;
in Our sole discretion, We consider it appropriate for whatever reason to remove the content.

NO WARRANTY

To the maximum extent permitted by law, We expressly disclaim and exclude all representations, warranties, conditions and guarantees, including (without limitation) in respect of quality, merchantability, fitness for purpose, condition, description, manufacture, design or performance whether express, implied by common law, law merchant, trade usage, custom or otherwise or statutory in relation to the Wanaka App.

You acknowledge that:

Your use of the Wanaka App is at Your sole risk;
The Wanaka App are provided “as is” and “with all faults”; and
the Wanaka App may not be secure, timely, uninterrupted, error-free or otherwise reliable;
We may cease to make available any of the Wanaka App content;
the transmission of information via the internet is not secure and We cannot guarantee the security of Your data in transmission to or from our Wanaka App.

LINKED SITES

This Wanaka App may contain links to other websites of which We do not have control and are not governed by these Terms or Our policies. Any link to other websites is not an endorsement of those websites by Us and We are not responsible for the content, accuracy and/or availability on those websites.

INDEMNITY

You agree to indemnify us against all liabilities, costs (including full costs between solicitor and client), losses, claims, expenses and demands incurred by us which arise from or in connection with your access or use of the Wanaka App, including but not limited to any breach by You of warranties under these Terms, and from any third party claims arising out of or incidental to Your use of this Wanaka App.

LIMITATION OF LIABILITY

Despite anything else contained in these Terms, any liability to You by Us in respect of anything arising from or concerning these Terms or the Wanaka App or any of the Products or Services, whether arising in tort (including negligence), contract, breach of statutory duty, equity or otherwise arising from any relationship with You (Our liability) is excluded to the fullest extent permitted by law. To the extent that Our liability cannot be excluded by law, or to the extent that the exclusion of Our liability would render these Terms unenforceable, You agree that the maximum amount that You will claim against Us (in total) and the maximum amount that We (in total) are liable to You for is one New Zealand dollar or the next largest amount that would be needed to render these Terms (including these exclusion and limitation provisions) enforceable for Our benefit.

Despite anything else contained in these Terms, You agree that We are not liable to You (or to anyone else) for any failure or delay in the performance of Our obligations under these Terms to the extent that the failure or delay is caused, directly or indirectly, by an event outside Our reasonable control.

GENERAL PROVISIONS

Severability: If any part or provision of these Terms are held to be invalid, illegal or unenforceable that part or provision will be deemed deleted from these Terms and the remainder of these Terms will continue to apply.

Relationship: These Terms do not create any relationship of partnership, agency, employment or joint venture between You and Us.

No waiver: Any failure or delay by either You or Us in exercising (or in partially exercising) any right, power or remedy arising from a breach of these Terms (Right) does not operate as a waiver of that Right unless that waiver is provided in writing and signed by the party granting the waiver. The existence of any Right of Ours expressly set out in these Terms, or the exercise of such, does not limit or prejudice any other rights, powers or remedies available to Us in contract, at law or in equity, including any rights, powers or remedies that would be available to Us if the right, power, or remedy was not set out in these Terms.

Assignment: You may not assign or transfer Your rights or obligations under these Terms without Our prior written consent. We may assign, transfer or novate any of Our rights and obligations under these Terms without Your consent.

NZ law: These Terms shall be interpreted in accordance with, and governed by, the laws of New Zealand. Your Use of this Wanaka App and the supply of any Products and/or Services to You by Us and any other matter arising from these Terms are subject to the laws of New Zealand. You agree that any dispute arising from or relating to these Terms is governed by the non-exclusive jurisdiction of the courts of New Zealand.

Entire Agreement: Unless We otherwise agree in writing, these Terms constitute the entire agreement between Us and You in relation to their subject matter.

Wānaka Lake Swimmers