Terms of Use
Last Updated 23 May 2023
1 APPLICATION OF TERMS
1.1 These Terms apply to your use of the Normal app (App) and the website at www.normal.nz (Website).
1.2 By setting up an account to use the App:
a) you agree to these Terms; and
b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.3 If you do not agree to these Terms, you are not authorised to access and use the App, and you must immediately stop doing so.
1.4 By using and accessing the Website:
a) you agree to these Terms so far as they relate to your use of the Website (Website Terms); and
b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to the Website Terms on that person’s behalf and that, by agreeing to the Website Terms on that person’s behalf, that person is bound by the Website Terms.
2 CHANGES
2.1 Moak Media Limited (company number 6425020) (we, us, or our), may change these Terms at any time by notifying you of the change in accordance with clause 15. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website or the App from the date on which the Terms are changed, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website or the App without notice or liability.
2.3 These Terms were last updated on May 23rd, 2023.
3 PROVISION OF THE APP AND THE WEBSITE
3.1 We agree to provide the App and the Website to you on a non-exclusive basis. Nothing in these Terms prevents us from providing the App and the Website to any other person.
3.2 The App and the Website may interoperate with a range of third party service features through the use of web services and APIs. We do not make any warranty or representation on the availability of those features (Interoperation). Without limiting the previous sentence, if any Interoperation occurs and a third party feature provider ceases to provide a certain feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any compensation.
4 YOUR OBLIGATIONS
4.1 You must provide true, current, and complete information in your dealings with us (including when setting up an account) and must promptly update that information as required so that the information remains true, current, and complete.
4.2 If you are given a unique name and/or password that is allocated to you for your use of the Normal App (User ID), you must keep your User ID secure and:
a) not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b) immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to hello@normal.nz.
4.3 You must use the App and the Website:
a) in accordance with all applicable laws
b) for lawful purposes only and must not copy, reproduce, translate, decompile, reverse-engineer, resell, modify, vary, sub-licence, or otherwise deal in the App except to the extent expressly permitted by applicable law; and
c) in accordance with these Terms, our privacy policy (Privacy Policy) made available on our Website at https://www.normal.nz/privacy-policy (Website), and the Community Guidelines made available on our Website at https://www.normal.nz/community-guidelines.
4.4 You must not:
a 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 Website, the App or the software owned by us (and our licensors) that is used to provide the Website or the App (Normal Software), or otherwise attempt to damage or interfere with the Website, the App or the Normal Software; and
b use the Website or the App in a manner, nor transmit, input or store any Data, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is objectionable, incorrect, abusive or misleading
4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses the App by using your User ID.
5 CONTRIBUTIONS
5.1 By using the App, you may have the opportunity to create, submit, post, display, perform and/or publish content and materials on the App (Contributions). Contributions may be viewable by other users of the App and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
5.2 When you create or make available any Contributions, you represent and warrant that:
a) your Contributions are not false, inaccurate, or misleading;
b) your Contributions do not violate any applicable law, regulation, or rule;
c) the creation, distribution or performance, and the accessing or copying of your Contributions do not and will not infringe the Intellectual Property Rights of any third party;
d) you are the creator and owner of or have the necessary rights or consents to use and authorise us and other users of the App to use your Contributions in any manner contemplated by us and these Terms; and
e) you have the permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual in your Contributions in any manner contemplated by use and these Terms.
5.3 You agree that to the maximum extent permissible under law we have the right, in our sole and absolute discretion, to:
a) edit, redact, or otherwise change any Contributions;
b) re-categorize any Contributions to place them in more appropriate locations on Normal; and
c) pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
6 THIRD PARTY CONTENT
6.1 On the App, we will and/or may make available information:
a) uploaded by other users of the App;
b) about third parties and links to third party websites,(Third Party Content) but the making available of that information and links does not imply any endorsement, approval or recommendation of, or responsibility for, that Third Party Information.
6.2 To the extent permitted by law, we make no warranty or representation about the accuracy, completeness, or appropriateness of any information posted on the App by a third party, or the content of any website or app linked to or from the App, nor do we undertake to keep any information available on the App updated and current.
7 DATA
7.1 In these Terms:
a) Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the App; and
b) personal information means information about an identifiable, living person.
7.2 In order to exercise our rights and perform our obligations under these Terms:
a) you acknowledge that we will require access to the Data; and
b) to the extent permissible under law, you authorise and approve us and members of our personnel to access, use, copy and publish the Data.
7.3 You acknowledge and agree that:
a) we may:
i use Data to generate anonymised and aggregated statistical and analytical data (Analytical Data);
ii use Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights; and
iii supply Analytical Data to third parties;
b) our rights under clause 7.3a above will survive termination of expiry of the Agreement; and
c) title to, and all Intellectual Property Rights in, Analytical Data is and remains our property.
7.4 You acknowledge and agree that to the extent Data contains personal information, in collecting, holding and processing that information through the App or the Website, we are acting as your agent for the purposes of the Privacy Act 2020 and any other applicable privacy law. You must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process that information in accordance with these Terms.
7.5 You agree that we may store Data (including any personal information) in secure servers in Australia and New Zealand and may access that Data (including any personal information) throughout the world from time to time.
7.6 You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is objectionable, incorrect or misleading.
8 INTELLECTUAL PROPERTY
8.1 In these Terms:
a) Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property; and
b) Underlying Systems means the Normal Software, IT solutions, systems and networks (including software and hardware) used to provide the App and the Website, including any third party solutions, systems and networks.
8.2 We (and our licensors) own all proprietary and Intellectual Property Rights in the Website, the App and the Underlying Systems.
8.3 Subject to clause 8.4, title to, and all Intellectual Property Rights in, the Website, the App and the Underlying Systems, is and remains our property (and our licensors’ property). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
8.4 Title to, and all Intellectual Property Rights in, the Data (as between the parties) and your Contributions remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate your Contributions and the Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.
8.5 To the extent not owned by us, you grant us a royalty-free, transferable, irrevocable and perpetual licence to use for our own business purposes any know-how, techniques, ideas, methodologies, and similar Intellectual Property used by us in the provision of the Website and the App.
8.6 If you provide us with ideas, comments or suggestions relating to the Website or the App or Underlying Systems (together feedback):
a) all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
b) we may use or disclose the feedback for any purpose.
8.7 You acknowledge that the Website or the App may link to third party websites or feeds that are connected or relevant to the Website or the App. Any link from the Website or the App does not imply that we endorse, approve or recommend, or have responsibility for, those websites or feeds or their content or operators. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites or feeds.
9 DONATIONS
This clause applies if you make a donation to us through either the Website or the App. By confirming on the Website or the App that you would like to make a donation you acknowledge and agree that you are not obliged to make a donation and that donation is final.
10 APPLE AND ANDROID DEVICES
10.1 This clause 10 applies in the event that you use or access the App from either the Apple Store or Google Play (each an App Store).
10.2 Any licence granted to you under these Terms to use the App is limited to a non-transferable license to use the App on the device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Store’s terms of service.
10.3 We are responsible for providing any maintenance and support services with respect to the App as specified in these Terms or otherwise required under applicable law and you acknowledge that each App Store has no obligation to furnish any maintenance and support services with respect to the App.
10.4 The App Stores have no warranty obligation whatsoever with respect to the App.
10.5 You represent and warrant that:
a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country;
b) you are not listed on any U.S. government list of prohibited or restricted parties; and
c) you must comply with all applicable third-party terms of agreement when using the App.
10.6 You acknowledge and agree that the App Stores are third party beneficiaries of the Terms and that each App Store will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
11 DISCLAIMERS
11.1 In these Terms, Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
11.2 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a) the Website or the App being unavailable (in whole or in part) or performing slowly;
b) any error in, or omission from, any information made available through the Website or the App;
c) 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 App or the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d) any Third Party Content.
11.3 We make no representation or warranty that the Website or the App 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 Website or the App is not illegal or prohibited, and for your own compliance with applicable local laws.
12 LIABILITY
12.1 To the maximum extent permitted by law:
a) you access and use the Website and the App (including to make any donations under clause 9) at your own risk; and
b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, the App, or your access and use of (or inability to access or use) the Website or the App. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
12.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
13 PRIVACY POLICY
To the extent that we collect, use, and share any of your personal information under these Terms, we will do so in accordance with our Privacy Policy and the Privacy Act 2020.
14 TERMINATION AND SUSPENSION
14.1 Without limiting any other right or remedy available to us, we may restrict, suspend or terminate your access to and use of the Website or the App and/or delete, edit or remove the relevant Data if we consider that you have breached these Terms.
14.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
15 GENERAL
15.1 If we need to contact you or notify you, we may do so by email or by posting a notice on the App or the Website. You agree that this satisfies all legal requirements in relation to written communications.
15.2 Subject to clause 9, no person other than you and us has any right to a benefit under, or to enforce, these Terms.
15.3 These Terms, and any dispute relating to these Terms, the Website or the App, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the App.
15.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 7, 8, 10, 11, 12 and 15.3, continue in force.
15.5 If any part or provision of these Terms 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 modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
15.6 These Terms set out everything agreed by the parties relating to your use of the App or the Website, and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the App or the Website that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.