SOUNDMONKEY TERMS OF USE

1.  APPLICATION OF TERMS

1.1 The National Foundation for the Deaf Incorporated (we, us or our) owns and operates the Sound Monkey application (app) where users who have registered on the app (you or your) may obtain reports regarding sound levels as recorded by their Sound Monkey device (services).

 

1.2 These terms and conditions (terms) apply to your use of the app and services. Please carefully read these terms before you use the app and services.

 

1.3 By registering on the app and accessing our services, you agree that you have read, understood and accepted these terms and agree to be bound by them. 

 

1.4 If you access these terms on behalf of a company or another person, you confirm that you are authorised by that company or person to accept these terms on that company’s or person’s behalf, and that company or person is bound by these terms.

 

1.5 If you do not agree to these terms, you must cease to access and use the services immediately.

 

1.6 We may change these terms at any time by notifying you of the change by email or on the app. Any change to these terms will take effect from the date set out in the notice. By continuing to access and use our app or services, you agree to be bound by the amended terms.

 

2. OUR SERVICES

2.1 In providing our app and services to you, we will act with due care and skill and in accordance with applicable laws.

 

3. OBLIGATIONS AND RESTRICTIONS

3.1 In order to become a registered user of our services, you must:

(a) be at least 18 years old;

(b) have provided us with complete, accurate and up-to-date information when registering for our services;

(c) only register once (unless we agree in writing otherwise); and

(d) complete our registration process. 

3.2 You must keep your user name and password details secure and will ensure that only you (and nobody else) accesses and uses our app and services. You are responsible for all activity on your account so if you think that someone else is accessing your account then please contact us immediately at enquiries@nfd.org.nz.

3.3 You must keep your account details up to date. If your details change, you should update your account with the new details as soon as possible.

 

3.4 You must:

(a) not use the app or services for any illegal or harmful purposes or in a way that could adversely affect our reputation or goodwill;

(b) not knowingly introduce viruses or other harmful code into our app;

(c) not use our app or services in a way that could adversely affect the performance of the app or the services we provide;

(d) only use the app and our services in accordance with these terms; and

(e) comply with applicable laws in your use of the app and services.

3.5 To the maximum extent permitted by law, you must not:

(a) copy, modify or adapt the app or services, or create any derivative works based upon the app or services;

(b) disrupt or interfere with the app or services;

(c) decompile, disassemble or otherwise reverse engineer the app or any part of it; or

(d) modify or remove our (or any other) copyright or proprietary notices on the app or any part of it,

and you must not attempt to perform any of the acts described in this clause, or permit or encourage any other person to do so.

 

4. INTELLECTUAL PROPERTY RIGHTS

4.1  We or our licensors own all intellectual property rights (including copyright, trade marks, design rights, know-how and other intellectual property rights) in relation to the app and services.

4.2  We grant to you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the app during the period in which you have an account with us in accordance with these terms.

4.3  You will not do anything to invalidate or adversely affect our intellectual property rights in and to the app and services.

 

5. FEES AND PAYMENT

5.1  While we do not charge for your use of the app and services, we reserve the right to introduce a charge for you to use them (or either of them).

5.2  If we introduce a charge for your use of the app and services, we will provide reasonable notice to you of the charge before we introduce it. In this case, we will give you the opportunity to terminate your account so you are not required to pay the charge.  

 

6. PRIVACY

6.1  You consent to the collection, use and disclosure of your personal information on the terms set out in our privacy policy

 

7. LIABILITY

7.1 We will not be liable to you under the law of tort (including negligence), contract or otherwise for any loss of profits or savings or for any indirect or consequential loss or damage, arising out of or in connection with these terms, including:

(a) the performance or non-performance of any of our obligations under these terms; or

(b) your use of our app or our services.

7.2 Our liability under or in connection with these terms is limited, at our option, to:

(a) supplying our services again; or

(b) paying of the cost of having the services supplied again.

7.3 Notwithstanding any other provision set out in these terms, our total aggregate liability for all claims relating to these terms is limited to the greater of $100 and the amount you have paid for the app and services (if any) in the 6 months preceding the event or circumstance giving rise to the claim.

 

7.4 You acknowledge and agree that the app and services are only provided to you to assist as a guide to sound levels. Accordingly we are not liable to you for any loss, injury, damage, cost or expense caused to you (or any other person) arising from any errors or faults in any sound readings that have been reported to you through the app or services.

 

7.5 We are not liable to you for any failure to provide the app or services or to meet any of our obligations under this agreement where that failure is caused by an event or circumstance outside of our reasonable control.

 

7.6 Our liability for any claim relating to these terms will be reduced to the extent that you or any other entity or person associated with you contributed to the loss arising from the claim.

 

7.7 If you are obtaining the app or services for business purposes, you agree that the consumer guarantees provided for in the Consumer Guarantees Act 1993 will not apply to the supply of the app or services.

8. WARRANTIES

8.1 We do not warrant or guarantee that your use of the app and services will be uninterrupted, error-free or will meet your purposes or expectations. To the maximum extent permitted by law, we exclude all such warranties or guarantees.

 

8.2 We do not warrant or guarantee that the sound level readings produced by the Sound Monkey device and reported on the app and services will be accurate or error-free.  

 

8.3 Other than as expressly stated in these terms and to the maximum extent permitted by law, we do not give any warranties or guarantees in relation to the app and services.

9. CLOSING YOUR ACCOUNT

 

9.1 If you do not agree to these terms or any changes made to the terms or the services, you must immediately cease to use the app and services.

 

9.2 You may close your account at any time. To do so, please email us at enquiries@nfd.org.nz and ask us to close your account. We will endeavour to do so promptly.

 

9.3 You may only close your account once you have paid any outstanding sums owing to us (if applicable).

 

9.4 We may at any time suspend or close your account if we think that you are not eligible to use the app or services or if you have breached any of these terms. We will give you written notice that your account has been suspended or closed but do not have to provide to you any reasons for the suspension or termination.

9.5 If your account is closed, then without prejudice to any other rights or remedies available:

(a)you and we are immediately released from our respective obligations to each other under these terms except for any obligations that, by their nature, survive termination;

(b)we and you retain any claims that we and you may have against the other; and

(c)the licence granted to you under clause 4.2 to use the app and services in accordance with these terms immediately terminates.

 

10. DISPUTES

10.1 If you have a complaint relating to the app or services or these terms, you should contact us by email at enquiries@nfd.co.nz. If you are dissatisfied with our response, we will consider reasonable requests to resolve the complaint through alternative dispute resolution procedures, including mediation or arbitration.

11. NOTICES

11.1 You may send a notice to us under or in connection with these terms by emailing us at enquiries@nfd.co.nz.

11.2 We may send a notice to you under or in connection with these terms by emailing you at the last email address you have provided to us.

11.3 You or we will be deemed to have received a notice sent by email at the time that you or we sent it, unless we know or ought reasonably to know that the email was not delivered.

12. GENERAL

12.1 These terms constitute the entire agreement between you and us relating to your use of the app or services. These terms replace any previous related agreements and understandings between you and us.

12.2 We may assign our rights and obligations under these terms at any time to any other person.

12.3 We may subcontract all or any of our obligations under these terms to a third party. If we do this, we will remain liable to you for the performance of the subcontractor’s obligations.

12.4 No delay, neglect or forbearance in taking enforcement action in relation to any provision of these terms by a party will be a waiver, or in any way prejudice any right, of that party.

12.5 If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of these terms will remain in full force and have full effect.

12.6 These terms will be exclusively governed by the law of New Zealand and any legal action against us or you must be taken in a court in New Zealand.

Address: Level 1, 149-155 Parnell Road,

Parnell, Auckland, 1152

PO Box 37729 Parnell, Auckland 1151, New Zealand

Phone: 09 307 2922 or 0800 867 446 

Email: enquiries@nfd.org.nz

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© 2020 The National Foundation for the Deaf Inc.