Terms of Service
These terms and conditions (the “Terms”) shall always apply to the use of the Application (as defined in section 1 below), between the user of the Application (“You”) and the provider of the Application (“Sports Kiwi”); Ones and Zeros Technology (“Ones and Zeros”), a company incorporated under the laws of New Zealand and whose registered office is located at 1092 Frankton Road, Queenstown, 9300, New Zealand. You may only use Sports Kiwi if You accept to comply with and be bound by the Terms. Please read the Terms carefully before You start using our services, as these will apply to Your use of the Application.
Sports Kiwi reserves the right to, at any time and for any reason, amend the Terms. You will be notified by all amendments, e.g. by push notification and the amended Terms will also be published in Sports Kiwi. The amended Terms shall be effective thirty (30) days after they are initially posted in Sports Kiwi.
“Application” means, in the Terms, the website, Ones and Zeros’ mobile applications named Sports Kiwi and the services provided through them.
“Information” means, in the Terms, all images, logotypes, trademarks, videos, copyright protected information and all other information and data that You or anyone else upload and/or publish or in other ways make available for others at or via the Application.
2. REGISTRATION AND USER INFORMATION
By registering a user account for the Application, or by upgrading an existing user account to a premium account, You enter into an agreement with Ones and Zeros, whereupon the Terms enter into force. By doing so, You warrant that You have the legal capacity and are at the legal age, or have the legal consent (e.g. from Your parents), to enter into an agreement that legally bind You to the obligations set forth in the Terms. If You register an organization, You also warrant that You have the legal capacity to accept the Terms on behalf of such organization, and that You have the right to register, represent and act on behalf of such organization.
When You register a user account, You warrant that all information about You and/or the organization is up to date and correct.
Your login credentials to the Application are confidential and You are responsible to keep them confidential at all times. This includes, for instance, to never reveal them to anyone else.
You agree that You will be solely responsible for any and all access or use of the Application that occurs from Your account and that Ones and Zeros is authorized to use the registered activity of Your account as conclusive evidence that You have accessed and utilized the Application.
You acknowledge and accept Ones and Zeros’ use of external payment providers to enable you to pay for the premium version of the Application, e.g. through Appstore or Google Play. If or when You purchase the premium version, You undertake to review and approve the payment providers' separate general terms for payments.
3. INTELLECTUAL PROPERTY RIGHTS
All Information, software, equipment, data and other material developed or provided by Ones and Zeros, or its suppliers or affiliates or otherwise used by Ones and Zeros to provide the Application, including all intellectual property rights connected thereto, shall remain the sole and exclusive property of Ones and Zeros or its suppliers. You agree to not, except when expressly allowed by the Terms, sell, license, rent, sublicense, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, editor or create derivative works of the content of the Application or any other way make such content available for someone else without Ones and Zeros’ written consent.
When uploading Information, You are personally responsible for acquiring all necessary rights of use, operation, reproduction, representation, adaption, disclosing and publishing to the Information. You are not allowed to import or use Information that (i) infringes third party’s intellectual property rights, trade secrets or other rights of any other person or entity, (ii) are incorrect or misleading, (iii) constitutes unauthorized or unsolicited advertising or spamming, (iv) is unlawful, threatening, abusive, harassing, fraudulent, pornographic or otherwise can be interpreted as offensive, (v) imposes an unreasonable or disproportionately (in the sole judgment of Ones and Zeros) large load on Ones and Zeros’ computing, storage or communications infrastructure or attempts to gain unauthorized access to the Application or other accounts, (vi) contains sensitive personal data, or (vii) contains software viruses or other harmful components.
By publishing Information or in other ways make Information available for others at or via the Application You give Ones and Zeros an unlimited right to, free of any charge, manage and dispose the Information by, for example, process, store or copy the Information with purpose to fulfil our commitments.
Ones and Zeros has the right to, at any time and without prior notice, delete any and all Information or other content in case it infringes third party’s intellectual property rights, trade secrets or other rights of any other person or entity or results in violation of the Terms. Ones and Zeros’ exercise of this right shall not entitle You to any remuneration.
The Application and all other services provided by Ones and Zeros shall be used with common sense, which means that You shall not spam, dishonor or be rude to other users.
You undertake to comply with the at all times applicable instructions, technical specifications and other regulations that Ones and Zeros provides for the use of the Application.
You undertake to use the Application only for its intended purpose and not in breach of the Terms or to applicable law. When You use the Application and all other services provided by Ones and Zeros You therefore warrant and accept that You:
- a) shall not demean, patronize or in other ways violate any right of anyone else, including Ones and Zeros;
- b) shall not publish or in any other way make available offensive material or other material that is inappropriate, defamatory, infringing, obscene, pornographic, racist, indecent or unlawful;
- c) shall not, in any way, assist or contribute to spreading viruses or spam or anything else that might harm the Application or another user’s property;
- d) are solely responsible for ensuring that You have the rights necessary to use, upload, publish and in other ways distribute the Information, and that You accept that it is prohibited to upload, publish or in other ways distribute Information on the Application for which You do not have the rights necessary for Your use of the Information;
- e) are not allowed to download Information that You know, or reasonably should know, is not allowed to reproduce, make available, copy, distribute or in any other way use so that Your use results in infringement of third party’s right.
5. YOUR ACCOUNT
As a registered user of the Application (a “Member”) You will have different functions and roles and in most cases connected to an organization/team (a “Group”).
- a) As an admin Member (an “Admin”) You will, for instance, control a specific Group with more possibilities to add, edit and delete Information.
- b) The account for a Member is for someone who is not an Admin but is connected to a Group.
You accept that other Members will have the right to act within the competence of their specific roles/account types.
Should someone unauthorized have the rights of an Admin or in other ways control a specific Group, which claim to represent a certain organization/team, Ones and Zeros will have the right to shut down the connectivity for the unauthorized Admin and instead give it to someone authorized by the organization/team.
In order to improve and develop the Application, Ones and Zeros has the right to, at any time and without prior notice, change the rights linked to the different types of Members or an Admin.
For Your own safety, we recommend that You never publish Your social security number, passport number, bank account number, password or other highly sensitive information (“confidential information”) in the application otherwise than explicitly requested by Ones and Zeros. In case of failure to comply to this recommendation, Ones and Zeros is not responsible for the confidential information posted in the application and shall not be liable for damages directly or indirectly caused by any confidential information that is published.
7. LIMITATION OF LIABILITY
Ones and Zeros and our affiliates, assignees, officers, employees, agents or other application users shall not, to the maximum extent permitted by law, be responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages, (including but not limited to, loss of profits, personal injuries, death, goodwill, damaged goods, limitations in use, loss of Information or data) even if a party has been advised of the possibility of such damages. Ones and Zeros and our affiliates, assignees, officers, employees, agents or other application users shall neither be responsible or liable for any compensation, reimbursement, or damages caused in connection with (i) Your use or misuse of the application, (ii) other user’s use or misuse of Your Information, (iii) the cost of procurement of substitute goods or services, (iv) damages caused by third-party systems, and (v) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of Your information or other data. In any case, Ones and Zeros and our affiliates, assignees, officers, employees, agents or other application users, aggregate liability under this agreement and for Your use of the application shall be limited to the amount You actually pay to Ones and Zeros for Your use of the application during the twelve (12) months preceding the claim.
8. NO WARRANTIES
The application, all its content and all products and services provided by Ones and Zeros, our affiliates and assignees are provided, except to the extent prohibited by the law, “as is”, “as available” and, without any warranties of any kind, expressed or implied, including but not limited to merchantability, Your expectations of the application, the information´s accuracy, trueness or correctness or non-infringements. Hence, Ones and Zeros, our affiliates and assignees do not warrant that (i) the content of the application is accurate, reliable or correct, (ii) the application will be available at any particular time or location, (iii) any content or software available at or through the application is free of viruses or other harmful components, or (iv) the result of using the application will meet Your requirements. The use of the application is solely at Your own risk.
You shall indemnify Ones and Zeros and our affiliates, assignees, officers, employees and agents with respect to all liability, losses damages, costs, lost profits or other expenses howsoever caused, arising out of or in connection with (i) Your breach of the Terms, (ii) Your gross negligence, (iii) Your uploaded or otherwise supplied information, and (iv) Your use or misuse of the application.
10. LIMITED ACCESS AND TERMINATION
If You act in conflict with the Terms or other user instructions or if Ones and Zeros, in its sole discretion, believe that You might do so, Ones and Zeros has the right to limit, restrict or stop Your access to the Application and/or Your user account.
Ones and Zeros also reserves the right to limit, restrict or stop Your access to the Application or remove Your user account and delete Your Information, without prior notice or liability, if the Information or Your continued use of the Application risks harming Sports Kiwi’s trademark or reputation.
Ones and Zeros’ exercise of the rights mentioned above shall not entitle You to any remuneration.
11. DURATION AND TERMINATION
These Terms are in effect from the registration or upgrade of Your user account and remains in effect for as long as you use the Application. You can terminate the agreement between You and Ones and Zeros by deleting Your registered account. When You delete Your registered account, You agree that Ones and Zeros will save and store Your Information and that Ones and Zeros is allowed to use and exploit the same in any manner Ones and Zeros sees fit.
Any saved Information will, when Your registered profile is deleted, be anonymized, so to have no connection with You or Your deleted profile, and will be seen as material generated from Ones and Zeros.
12. ASSIGNMENT OF THE AGREEMENT
You may not in wholly or partly assign or pledge You rights and/or obligations under the Terms to any third party without the prior written approval of Ones and Zeros.
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be limited, modified or severed to the minimum extent necessary to eliminate its invalidation or unenforceability so that the Terms otherwise remain in full force, effect and enforceability.
Ones and Zeros’ failure to exercise its rights or failure to declare that Your default shall not conclude a waiver of Ones and Zeros rights under the Terms.
15. GOVERNING LAW AND DISPUTES
This Agreement shall be construed in accordance with and governed by the laws of New Zealand.
Disputes arising out of the Terms shall be settled in New Zealand public court with the Queenstown civil court as the first instance.