Terms of use

Last modified: 4 April 2020

 

1.Terms


1.1 By accessing any websites, mobile sites, mobile applications, products or services offered by MUTU Limited (MUTU) (including the website at http://www.mutu.co.nz or the MUTU mobile app) (System), you are agreeing to be bound by these terms of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms of use, you are prohibited from using or accessing the System. These terms of use should be read in conjunction with MUTU’s privacy policy.


1.2 MUTU reserves the right, at any time, to update and change any or all of these terms of use, in our sole discretion, including but not limited to the fees and charges associated with the use of the System. If MUTU does so, MUTU will post the modified terms of use on its websites, though you will be notified of any changes that, in MUTU’s sole discretion, materially impact these terms of use. Continued use of the System after any changes have been made will constitute your consent to such changes.  


1.3 The System is not intended to be used by anyone under the age of 18. We will not allow anyone under 18 to register to use the System and if we discover someone under the age of 18 is using the System we will immediately remove access to the System for that person. If you are a parent or guardian and you are aware that your child has registered to use the System, please contact us so we can remove access to the System for your child.


1.4 You are responsible for regularly reviewing the most current version of these terms of use, which are currently available at: http://www.mutu.co.nz/terms. When we change these terms of use, we will modify the "Last Modified" date at that page.

 

2 User License


2.1 Permission is granted to use the System for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:


2.1.1modify or copy the materials on the System;


2.1.2 use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

 

2.1.3 attempt to decompile or reverse engineer any software contained on the System;


2.1.4 remove any copyright or other proprietary notations from the materials on the System; or

 

2.1.5 transfer the materials on the System to another person or "mirror" the materials on any other server. 

 

This license will automatically terminate if you violate any of these restrictions and may be terminated by MUTU at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials from the System in your possession whether in electronic or printed format and uninstall the System from any of your devices. 

3 Your Obligations 

 

3.1 You must provide true, current and complete information in your dealings with MUTU (including when setting up an account on the System) and must promptly update that information as required so that the information remains true, current and complete.

 

3.2 You must:

 

3.2.1 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 System, or otherwise attempt to damage or interfere with the System; and 

 

3.2.2 unless with MUTU’s written agreement, access the System via standard web browsers or the MUTU mobile app 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.

 

3.3 You indemnify MUTU against all Loss that MUTU suffer or incur as a direct or indirect result of your failure to comply with these terms of use, including any failure of a person who accesses and uses the System by using the log in details supplied to you by MUTU.

4 Disclaimer

 

4.1 The materials on the System are provided on an 'as is' basis. MUTU makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.


4.2 Further, MUTU does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the System or otherwise relating to such materials or on any sites linked to this site.


4.3 MUTU has not reviewed the sites linked to the System and is not responsible for the contents of any such linked site. Visiting or using any such linked website is at your own risk.


4.4 To the extent permitted by law, MUTU and its licensors have no liability or responsibility to you or any other person for any Loss suffered by you in connection with:

 

4.4.1 the System being unavailable (in whole or in part) or performing slowly; any error in, or omission from, any information made available through the System;


4.4.2 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 System. To avoid doubt, you are responsible for ensuring the process by which you access and use the System protects you from this; and


4.4.3 any site linked from the System. Any link on the System to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators. 


4.5 MUTU makes no representation or warranty that the System 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 System is not illegal or prohibited, and for your own compliance with applicable local laws.


5 Content on System


5.1 You undertake to adhere to the terms and conditions of each Social Media Platform, except where such terms may require you to act contrary to these terms of use.


5.2 You warrant that you are at least the minimum age required to access a Social Media Platform. You acknowledge and agree that you will access any age-restricted content on a Social Media Platform available via the System at your own risk.


5.3 The materials appearing on, or accessed via, the System could include technical, typographical, or photographic errors. MUTU does not warrant that any of the materials on, or accessed via, the System are accurate, complete or current. You agree that MUTU has no responsibility or liability for any materials accessed on a Social Media Platform via the System.


5.4 MUTU may delete, or make changes to, the materials on the System at any time without notice. However, MUTU does not make any commitment to remove, update or correct such materials.


6 Limitations


6.1 In no event will MUTU or its suppliers be liable for any Loss arising out of the use or inability to use the materials on, or accessed via, the System, even if MUTU or a MUTU authorized representative has been notified orally or in writing of the possibility of such damage.


6.2 To the maximum extent permitted by law:
6.2.1 you access and use the System at your own risk; and 
6.2.2 we are not liable or responsible to you or any other person for any Loss under or in connection with these terms of use, the System, or your access and use of (or inability to access or use) the System.  This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise. 


7 Suspension and Termination


7.1 Without prejudice to any other right or remedy available to MUTU, if MUTU considers that you have breached these terms of use or MUTU otherwise considers it appropriate, MUTU may immediately, and without notice, suspend or terminate your access to the System (or any part of it).


7.2 MUTU may at any time. by written notice to you. immediately terminate these terms of uses and stop your access to the System.

 

7.3 On suspension or termination, you must immediately cease using the System and must not attempt to gain further access.

 

8 General

 

8.1 If MUTU needs to contact you, MUTU may do so by email or by posting a notice on the System or by sending a message to you via your profile on a Social Media Platform. You agree that this satisfies all legal requirements in relation to written communications. 


8.2 These terms of use, and any dispute relating to these terms of use or the System, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these terms of use or the System.


8.3 For us to waive a right under these terms of use, the waiver must be in writing.


8.4 Clauses which, by their nature, are intended to survive termination of these terms of use continue in force.


8.5 If any part or provision of these terms of use 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 of use. The remainder of these terms of use will be binding on you.

 

8.6 These terms of use set out everything agreed by the parties relating to your use of the System and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these terms of use. You acknowledge you have not relied on any representation, warranty or agreement relating to the System that is not expressly set out in the terms of use, and no such representation, warranty or agreement has any effect from the date you agreed to these terms of use.  

 

9 Defined Terms

 

9.1 Unless the context otherwise requires, in these terms of use:

 

Loss includes loss of profits, loss of business, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.

 

Social Media Platform means Facebook, Instagram, YouTube, Twitter or any other social media platform later accessible via the System.
 

All rights reserved

Mutu Limited

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