Android app terms of use

Revision Date: 01/06/2017

1. About these Terms of Use

These Terms of Use (the “Terms“) set out the terms and conditions that apply to your use of the Snapper Android App (the “App“), made available by Snapper Services Limited (“we” or “us“).

These Terms are a legally binding contract and form part of the Snapper Services Terms of Use.

By downloading and using the App on your device, you agree to be bound by these Terms and the Snapper Services Terms of Use.  Please read them carefully, and if you do not agree to any terms, you should remove the App from your device.

We may change these Terms from time to time.  If you continue to use the App, your use will be governed by the updated Terms.  You are responsible for ensuring that you are familiar with the latest Terms.

From time to time, we may add, make changes to or remove altogether features or functionality of the App.  You will need to install a new or updated version of the App to receive the benefit of those changes.  We may also decide to cease providing the App at any time, and nothing in these Terms is to be taken as a guarantee that the App will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the App or any version of it.

2. Licence

We grant you a non-transferable, non-exclusive licence to install and use the App on your mobile devices for your personal or business use, subject to these Terms.

You must not: (a) copy the App (or any data or content within it), except where permitted by law or where necessary for genuine back-up purposes; (b) rent, lease, sub-license, transfer, merge, adapt, disassemble, decompile, reverse-engineer, vary, modify or create derivative works of the App or any of its data or content; (c) rent, sell or transfer for commercial gain any data, information, results or output which are generated by use or operation of the App; (d) interfere with or obscure these Terms or any other copyright notice we might include on the App; or (e) provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us.

You must not: (a) use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system; (b) infringe our intellectual property rights or those of any third party in relation to your use of the App; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App; (d) use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or (e) collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App or any services within it.

3. Our Intellectual Property Rights

You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in or to the App or any content or data within it other than the right to use them in accordance with these Terms.  You acknowledge that you have no right to have access to the App in source code form. All rights to the name  and trade mark(s) “Snapper” and the “Snapper logo” remain our property.

4. Your Information

Ownership of any information or data input into the App by you remains with you.  You grant us and our licensors a licence to use that information or data for the purposes of operating the App and making related services available to you.  We will treat all such information and data securely and in accordance with our Privacy Policy.

We use Google Analytics to help us monitor App usage and to enhance and improve the services we provide you.  Google Analytics may collect and store information and data you input into the App.  To find out more about how Google Analytics works, click here.

If you choose to input your credit card or debit card details into the App, those details will be handled using a secure protocol managed by a third party secure payment gateway.  We will not have access to your credit card details, even if you choose to store those details via the secure protocol.

5. Disclaimer

The App, and all services, features, content and data contained within it (including offers and suggestions), are provided on an “as is” and “as available” basis.  To the maximum extent permitted by law, we (and all of our affiliates, agents, employees or contractors) expressly disclaim any and all warranties, express or implied,  including without limitation warranties of merchantability, fitness for a particular purpose, reliability, accuracy, availability, or completeness of the App or its features or content, support, and non-infringement of the rights of third parties.  You agree that any reliance on or use of the App or any services, features, content or data of it, or any information, results, data or output produced by it, is entirely at your own risk.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act, omission or event beyond our reasonable control, including acts or omissions of a third party, or failure of public or private telecommunications networks or third party platforms or services.

6. Limitation of liability

To the maximum extent permitted by law, we shall not be liable, whether in contract, tort (including negligence) or otherwise, for any direct, indirect, consequential, special, exemplary or incidental damages, or for any lost profits, savings, revenue or data, legal fees or court costs in relation to any claim arising out of or in connection with these Terms, the App or any services, features or content of the App.  If for any reason the foregoing limitation is not valid or enforceable, then our maximum aggregate liability to you in connection with these Terms or the App will be NZ$1.00.

7. Indemnity for breach

You will indemnify us (and our related companies) against any allegation, claim, loss, cost or damage suffered or incurred by us in connection with any breach by you of these Terms or any use of the App or its features which is unlawful or infringes any third party’s rights.

8. Termination

We may terminate these Terms immediately by written notice to you if you commit a material or persistent breach of these Terms (including any breach of the licence terms).  On termination for any reason, all rights granted under these Terms will immediately come to an end and you must immediately delete or remove the App from all your devices.

You may terminate these Terms at any time by deleting the App from your mobile device.

9. General

If we don’t insist that you perform any of your obligations under these Terms, or if we do not immediately enforce our rights against you, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

Each of the conditions of these Terms operates separately.  If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These Terms are governed by New Zealand law.  You agree that the courts of New Zealand will have non-exclusive jurisdiction.