2degrees Data Clock Terms of use

Last updated: 03 April 2017

These Terms of Use (Terms) are the terms and conditions on which Two Degrees Mobile Limited (2degrees) offers you access to the “2degrees Data Clock” mobile application (the App). Please read these Terms carefully before using the App. By using this App, you accept these Terms.

2degrees reserves the right to change or update the Terms at any time with or without notice. If you continue to use the App after amended Terms have been posted, you will be deemed to have accepted the amended Terms.

1. Definitions

App” means the 2degrees Data Clock mobile application developed for use on wireless mobile devices and owned and operated by 2degrees, including any updates to it which are made available by 2degrees from time to time. 

App Intellectual Property” means all Intellectual Property inherent in the 2degrees Data Clock mobile application, software and system.

Intellectual Property” means all intellectual property including copyright, trade marks, patents, designs, colour schemes, insignia, logos, layouts, proprietary works, information (including Confidential Information), documents, research and development, guidelines, precedents,  drawings, manuals, know-how, specifications, systems, processes, schemes, data, updates and enhancements, or other material, whether (in the case of information) in written or electronic form, and whether registered or unregistered.

User” means a user of the App.

2degrees”, “we”, “us” and “our” is a reference to Two Degrees Mobile Limited.

you”and “your” is a reference to you, the User of the App. 

2. License 

1.1 Subject to your compliance with these Terms, 2degrees grants you a limited, non-exclusive, revocable, non-transferrable license to:

   (a) access and use the App on your personal device solely in connection with your use of the 2degrees Data Clock; and

   (b) access and use any content, information and related materials that may be made available through the App, in each case solely for your personal use.

1.2  Any rights not expressly granted herein are reserved by 2degrees and 2degrees’ licensors. Any mobile app licence is also subject to any limitations or restrictions on the permitted use of the App contained in the online store terms where you downloaded the App. 

1.3 You agree not to: 

   (a)  reproduce, copy, publish, display, disclose, sell, rent, lease, sub-license, modify, loan, distribute or create derivative works based on the App, or any part thereof; or

   (b)  translate, reverse engineer, decompile, disassemble, re-engineer or otherwise attempt to discover the source code or the structural framework of the App, or any portion thereof.

1.4 Nothing in these Terms shall operate so as to vest any rights to the App Intellectual Property in a User. You acknowledge that all right, title and interest in the App Intellectual Property is owned by 2degrees or its licensors. 2degrees reserves the right to change any and all content, software and any other part of the App Intellectual Property including any information contained on the App without notice at our sole discretion.

3. Use and support of the App

3.1 You must provide your own internet access and mobile device in order to download, install and use the App. You are responsible for any and all network charges arising from your downloading, installation or use of the App and you acknowledge and agree that 2degrees has no responsibility or liability for those charges.

3.2 In downloading and/or using the App, you must grant the App the required permissions and access, including location services. If you do not grant these permissions and access, you may be unable to use the App or some of its features.

3.3 The App is made available ‘as is’. While we do our best to ensure the App is secure, we provide no warranty or guarantee that the App is free of viruses, malicious computer code or other forms of interference that may damage your computer or any other device, or that the App will be available at any time for your use, or that it will be compatible with other applications or programs.

3.4 You agree that your use of the App is entirely at your own risk.

3.5 While under no obligation to do so, from time to time 2degrees may identify issues with the App and make available updates to help rectify any issues. You agree that you will use the most up-to-date version of the App and will check regularly for updates to the Apps.

3.6 In using the App you agree you must not use it (or attempt to use it) in the following manner:

   (a) for any unlawful or dishonest activity;

   (b) to access, transmit, publish or communicate material which is defamatory, offensive, unsuitable for minors, abusive, indecent, menacing, or otherwise unlawful, or which contains a virus or other harmful code;

   (c) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;

   (d) to transmit, publish or communicate bulk and/or unsolicited messages; or

   (e) in any way that may cause 2degrees, its suppliers, licensors, or other users of the App to incur liability to a third party.

4. Term and Termination

4.1 These Terms will apply to your use of the App. You may terminate your use of the App at any time, for any reason.  We may terminate your use of the App at any time at our sole discretion, and at such time you will have no right to use the App. Certain provisions by their nature will survive termination.

5. Exclusion of Liability

5.1 Except to the extent it cannot lawfully do so, 2degrees excludes all liability it may otherwise have to you or anyone else for any for any direct, indirect, incidental, punitive, and/or consequential damages, including, but not limited to, loss of profits, business interruption and/or loss of information or data or personal injury arising out of your use of the App.

6. Indemnity

6.1 You, as the User, agree to indemnify and hold harmless 2degrees (and any employee, officer, director or affiliate of 2degrees) (including for costs and lawyers’ fees) from any claim or demand made by any third party due to or arising out of your access to or use of the App, the violation of these Terms by you, the infringement by you, or any third party using your account, of any Intellectual Property right or other right of any person or entity, or for any content posted through the App by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Your obligations under the foregoing indemnity may not be offset against any other claim you the User may have against 2degrees. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the App.

7. Privacy

7.1 2degrees and its licensors collect personal information about you through your use of the App in accordance with the 2degrees Privacy Policy found at https://www.2degreesmobile.co.nz/privacy).

7.2 If you permit the App to access location services through the permission system used by your mobile operating system, we may collect the precise location of your device when the app is running in the foreground or background.

8. Data Clock Terms and Conditions

8.1 By purchasing a data clock session through the App, you are deemed to have accepted the Data Clock Terms and Conditions.

9. Suspension and Termination of the App

9.1 2degrees may temporarily suspend or terminate the operation of the App at any time and for any reason.

10. No Reliance

10.1 You acknowledge that you:
   (a) have not been induced to enter into these Terms by any representation or statement of fact or opinion made by or on behalf of 2degrees; and

   (b) enter into these Terms solely in reliance on your own skill and judgment and not in reliance on any statement, representation or warranty made by or on behalf of 2degrees.

11. Jurisdiction

11.1 These Terms are governed by, and construed in accordance with, the laws of New Zealand. You submit to the exclusive jurisdiction of the New Zealand courts.

12. Waiver

12.1 No delay, failure or forbearance by 2degrees to exercise (in whole or in part) any right, power or remedy under, or in connection with these Terms shall operate as a waiver of such right, power or remedy, nor shall any single or partial exercise of any such right, power or remedy preclude any other or future exercise of the same, or any other right, power or remedy under these terms and conditions.

12.2 A waiver of any breach of these Terms shall not be effective unless that waiver is in writing and is signed by 2degrees. A waiver of any breach shall not be, or be deemed to be, a waiver of any other or subsequent breach.