Mobile Terms and Conditions
The following Terms and Conditions (the "Site Terms and Conditions") governs your use of this application (the "app"), and the various offerings on the app, which include, without limitation, the various services offered by us (collectively, the "Services", and together with the app, the "Service").
In these Terms and Conditions ‘we’, ‘us’, and ‘our’ refers to RugbyPass Limited.
Your use of the Services constitutes your acceptance of the Terms and Conditions. Your acceptance of the Terms and Conditions provides you with a limited and temporary license and permission to use the software and other resources of the Services, which license and permission we may revoke at any time, as described below. Please print a copy of this document for your records. To retain an electronic copy of these Terms and Conditions, you may save it into any word processing or portable document format program.
1. Copyright Rights
We own or license all copyright rights in the text, images, photographs, video, audio, graphics, user interface, and other content provided on the Services, and the selection, coordination, and arrangement of such content (whether by us or by you), to the full extent provided under the copyright laws of New Zealand and other countries. Except as expressly provided in these Terms and Conditions, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Services for any purposes, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
You may use the Services and the contents contained in the Services solely for your own individual, non-commercial and information purposes only. Audio-visual content may only be viewed in your private premises. Any other use, including for any commercial purposes, or for viewing in commercial or public premises, is strictly prohibited without our express prior written consent. If you wish to use the Services or the contents contained in the Services in a commercial or other publically accessible premises or place or for commercial purposes (such as in a bar or sports club) please contact us so we may discuss and agree the terms and basis of that use.
Systematic retrieval of data or other content from the Services, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited without our express prior written consent.
2. Trade and Service Mark Rights
We (or our affiliates) and our licensors and other third parties own all rights in the product names, company names, trade names, logos, product packaging and designs ("Trademarks") displayed on our app. Unauthorised use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of New Zealand. You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in these Terms and Conditions, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
3. Modification of This Site Terms and Conditions
We reserve the right to amend these Site Terms and Conditions at any time by posting an updated version. You should therefore periodically visit this page to review the then-current Terms and Conditions. Your use of the Services after our posting of amendments to these Terms and Conditions will constitute your acceptance of these Terms and Conditions, as modified. If, at any time, you do not wish to accept these Terms and Conditions, you may not use the Services.
4. Access to the Services
In order to access the Services, you must have access to the World Wide web, either directly or through devices that access web-based content, and must pay any service fees associated with such access.
Not all of the features available through the Services, including certain live streaming content or access to high-quality video, will be available to you unless your mobile device satisfies the minimum technical requirements that are presented when you first register for the Services. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your device satisfies the minimum technical requirements before you register to access the Services. Further, if we change the minimum technical requirements after you initially register to access the Services such that your device no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Services under the provisions of Section 22 of these Terms and Conditions.
5. Registration, Username, Password, Security
(a) Registration. Registration may be required for certain portions of the Site. We will not grant any user access to any registration-required portions of the Services unless he or she has completed the necessary registration.
(b) Your User Identity. Your username and password will be your identity for purposes of interacting with the Services and other users through the Services.
(c) Username, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Terms and Conditions, your username, and password for the Services. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorised use of your username or password or of the Services. In the event of such loss, theft, or unauthorised use, we may impose on you, at our sole discretion, additional security obligations.
(d) Security Breaches and Revision. If any unauthorised person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify us by e-mail at contact@rugbypass.com. You shall otherwise cooperate and assist in any investigation relating to any such unauthorised access.
7. Modular Content
We may provide certain content, which includes graphics, text, audio, video, photographs, news, scores, or other material that is capable of being incorporated, including as a module or via an RSS feed or similar technology, into a web site or other online, cable, wireless, or other service other than the Services ("Modular Content"). To the extent that we make Modular Content available, you agree to use it responsibly and consistent with these Terms of Use and any other rules or restrictions provided to you in connection with the Modular Content.
By using Modular Content or incorporating it within or associating it with a web site or other online, cable, wireless, or other service other than the Services, you agree not to: (1) obscure the Operator's branding of the Modular Content, assert or imply ownership or authorship of the Modular Content, or facilitate another party's assertion or implication of ownership or authorship of the Modular Content; (2) excerpt or edit the Modular Content, except as specifically permitted by us; or (3) publish, place, or utilise the Modular Content in a setting or manner in which it may be associated with content or other material that (i) is or may be considered unlawful, defamatory or otherwise objectionable, (ii) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of law; (iii) violates, plagiarises or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (iv) contains or may be associated with a computer virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; or (viii) in any way brings us, any of our commercial partners or licensors into disrepute or prejudices our brands or reputation..
Although we are under no obligation to do so and assume no responsibility or liability arising from any use of Modular Content, we may monitor the web sites or other online, cable, wireless, or other services with which Modular Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Modular Content from any web site or other online, cable, wireless, or other service if we or our agent request that you do so, and that you will maintain the ability to remove Modular Content from any web site or online, cable, wireless, or other service on which you cause it to be placed or with which you cause it to be affiliated. You agree that we have exclusive discretion to direct that the Modular Content be removed from web sites or other services at any time and for any reason, including, but not limited to, the prohibited uses of Modular Content described above; that we may implement and use protections to limit the web sites or other services in conjunction with which Modular Content may be used or the manner in which Modular Content may be used; and that we may not specifically advise you of the existence or nature of these protections.
We provide Modular Content, if at all, on a voluntary basis. We expressly disclaim any obligation to provide or update Modular Content, to maintain its availability, or to ensure its accuracy.
Notwithstanding any statement to the contrary by us or by you or any third party, your use of Modular Content creates no fiduciary or contractual relationship between us and you, or between us and any third party, other than pursuant to these Terms.
8. Links
The Services may contain links to other services ("Linked Services"). The Linked Services are not under our control and we are not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. The Services provide links only as a convenience, and the inclusion of any links to a Linked Service is not an endorsement by us of any company offering Internet services, products or services on the Linked Services.
You may link to the home page of the Services without obtaining our permission provided that you do so only through a plain-text link. For any other type of link to the Services, you must obtain our express written permission. If you provide a third-party web site that links to the Services, you: (a) shall not create a frame, browser or border environment around any of the content of the Services; (b) shall not imply that we endorse or sponsor your web site or any of its products or services; (c) shall not present false information about us, the Services or any of our products or services; (d) shall not use any of our trademarks without our express prior written permission; and (e) shall not include any content that could be construed by us as distasteful, offensive or controversial. Notwithstanding anything to the contrary contained in these Terms and Conditions, we reserve the right to deny or rescind permission to link to the Services from any web site, and to require termination of any link to the Services, for any reason in our sole and absolute discretion.
9. Availability of Services
The availability of the content on the Services may be affected by a variety of factors, including game delays or cancellations, application of the various broadcast policies of individual sports organisations or other requirements, technical problems or network delays, program rescheduling, or other reasons. You agree that we are not obliged to provide you with any specific content under these Terms and Conditions.
10. Compliance with Laws/Regulations
You are required to comply with all applicable laws and regulations in connection with your use of the Services, and such further limitations as may be set forth in any written or on-screen notice from us. By using the Services, you represent and warrant that you will not use the Services for any purpose that is either unlawful or prohibited by these Terms and Conditions. We reserve the right to disclose any information about you or your use of the Services in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.
11. Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Services that:
(a) is copyrighted, unless you are the copyright owner or valid licensee to such materials and you have the right to grant us the rights and licenses set forth in Section 13 of these Terms and Conditions;
(b) reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant us the rights and licenses set forth in Section 13 of these Terms and Conditions;
(c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(d) is unlawful, obscene, indecent, sexually explicit, threatening, harmful, defamatory, threatening, harassing, abusive, defamatory or embarrassing to any other person or entity or refers negatively to people or groups on the basis of their race, ethnicity, religion, sexual orientation, gender, or similar characteristics;
(e) contains false statements or misrepresentations that could damage you, us or a third party;
(f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to:
(a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Services, or for purposes of registering for any promotions offered through the Services;
(b) delete or revise any material or other information of any other user of the Services;
(c) harvest, collect, or send information about others, including e-mail addresses, without their consent;
(d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Services;
(e) use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on this app;
(f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;
(g) allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
(h) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services.
You further agree not to violate or attempt to violate the security of the Service, including, without limitation:
(a) accessing data not intended for you or logging into a server or account that you are not authorised to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
(c) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mail bombing" or "crashing", the Services;
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.
We may investigate occurrences that may involve violations of the security of the Services or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
12. User Content and Communications
The Services may allow users to communicate with others through real-time chats, message boards, video ratings and other features. In addition, you may be able to interact with other users through fantasy football features or other games that we may from time to time make available.
When your account is used to submit, post, or add content to the Services (collectively, "Your Content"), you agree to accept sole responsibility for, and assume all liability (including liability for claims of infringement, or defamation) associated with, Your Content.
We do not claim ownership of Your Content (expressly excluding your user data, which we collect in accordance with the Privacy Policy for the app and expressly excluding any content created by you based on existing content we own or license, which we retain full ownership of) . However, by submitting or posting Your Content, to or through the Services, you grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive and freely sublicenseable right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your Content anywhere, for any purpose, whether commercial or non-commercial, and in any form, media or technology now known or later developed.
No compensation will be paid with respect to any use of Your Content by us or our licensees. We are free to use any ideas, concepts, know-how, or techniques contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using Your Content. We are under no obligation to maintain any of Your Content and may remove any of Your Content at any time in its sole discretion.
By posting or submitting Your Content to the Services, you also represent and warrant that you own or otherwise control all of the rights to Your Content, and that use of Your Content by us or any of our sublicensees will not infringe or violate the rights of any third party or any applicable law.
We reserve the right (but do not have the obligation) to review, edit, refuse to post or to remove any of Your Content, in whole or in part at any time and to terminate your ability to post Your Content to the Services at any time, without notice, in our sole discretion.
Any gaming features that we make available on the Services, including fantasy gaming features, are provided exclusively for entertainment purposes. In addition, you are prohibited from gambling on the result of any gaming features provided on or through the Services, or from using the Services to gamble on the result of any game. If we believe that you have violated the prohibitions in this paragraph, we may immediately terminate your access to the Services, with or without notice to you. Notwithstanding any other provision of this agreement or of law, you will not be entitled to any refund of any fees paid to us if your access is terminated because of a violation or alleged violation of these Site Terms and Conditions.
Although we may maintain technical logs concerning your use of the Services, we do not routinely monitor Your Content. You agree that we may not be held responsible for Your Content and that we are not obliged to monitor it. Despite your agreement that we are not required to monitor Your Content, if we become aware of any of Your Content that we believe to violate these Terms and Conditions or to be obscene, violent or otherwise objectionable, we may - but are not required to - act in good faith to restrict access to or availability of Your Content. We may also take steps to terminate your access to the Services or take other appropriate steps, including, without limitation, initiating or assisting in legal action.
If you become aware of any content on the Services that you believe to be objectionable or to violate these Terms and Conditions, or that you believe may cause injury to yourself, us, or any third party, you should notify us of such content immediately. Even if you notify us of such content that you believe to be objectionable, you agree that we will not be obliged to take any particular steps, or any steps at all, in response to your notification. You agree that your notification under this paragraph will create no duty on our part to you or to any third party, and that we may not be held liable for any action that we take, or for our inaction, after you provide us with notification.
13. Notice of Copyright Infringement
If you believe that any of your work has been copied and is accessible on the Services in a way that constitutes copyright infringement, please provide us with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Services that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorised by you or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorised to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of you or someone authorised on the copyright owner's behalf, to assert infringement of copyright and to submit the statement.
14. Privacy Policy
We are committed to protecting your privacy and security and we have explained in detail the steps we take to do so in the Privacy Policy, a copy of which you should review You, in turn, agree and consent to the terms of the Privacy Policy by your use of the Services.
15. Disclaimer of Warranties
Subject to the New Zealand Consumer Guarantees Act 1993, the Services are provided "as is”. We make no representation or warranty of any kind whatsoever to you or any other person relating in any way to the Services, or any web site or other content or service that may be accessible directly or indirectly through the Services. We disclaim to the maximum extent permitted by law, any and all such representations and warranties.
16. Limitation of Liability
In no event will we or any of our affiliates, or any party involved in creating, producing or delivering the Service, or any web site linked to or from this service, be liable in any manner whatsoever for any direct or indirect damages arising out of or in any way related to the Service, your access, use or inability to use the services or any web site linked to or from the Service, any content contained therein, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure. We reserve the right to alter the content of the services in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes.
17. Applicable Law
This Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand.
18. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and us and governs your use of the Services, superseding any other communications and proposals (whether oral, written or electronic) between you and us. These Terms and Conditions may only be modified by our posting on the Services changes to these Terms and Conditions, or by a subsequent writing signed by us.
19. No Waiver
Our failure to enforce any provisions of these Terms and Conditions or to respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms and Conditions or to act with respect to similar breaches.
20. No Professional Advice
Any information supplied by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Services, and does not constitute legal, tax, accounting or other professional advice. We make no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Services.
21. Termination
We reserve the right, in our sole discretion, to terminate these Terms and Conditions and your access to all or part of the Services, with or without notice and with or without cause. Termination of your access to the Services means the revocation of the limited and temporary license and permission to use the software and other resources of the Services we are granting to you under these Site Terms and Conditions. The provisions of these Site Terms and Conditions will survive the termination of your access to the Services and of these Site Terms and Conditions. In addition, because the license you grant to us in Your Content is perpetual, termination of this agreement does not terminate our license to use Your Content as described elsewhere in these Terms of Use.
22. Notices
At our option, we may give notices to users of the Services by posting a message on the Service, by electronic or conventional mail or by any other relevant means. If you do not wish to receive notices by email you can opt out of those communications at any time.
