1. About Us
1.1 Traverse Services Ltd (NZBN 9429042048510) (Traverse) provides the ShareBike Reporter Smartphone Application (App) with a facility to report to local government authorities and sharebike providers issues, problems or defects in requiring repair or attention (Service). ShareBike Reporter also provides services and the App to local councils, sharebike providers and other authorities (Local Entities) under commercial licence arrangements.
Using the App
3.1 When using the App and the Service, You promise that You will: (a) use them for personal use only and not use it in connection with any commercial or business purpose except in accordance with any commercial licence agreement (see 3.2); (b) not criticise or damage the reputation of any person or entity; (c) not infringe any third party rights; and (d) not carry out any illegal or criminal purpose on or via the App or the Services.
3.2 You agree that if You are an employee, contractor, service provider, agent or representative of a Local Entity (Your Principal) You must only use the App and the Service in accordance with the terms of a commercial licence agreement between Traverse and Your Principal. Unless the terms of the relevant commercial licence agreement provide otherwise, You must not use the Service to transmit information to your Principal. 3.3 If You are not the owner of the device on which the App or Services are accessed, You promise that You have the informed consent of the owner.
3.4 By using Traverse’s App and Services, You grant to Traverse a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information and content You post, upload, display or otherwise make available on the App and Services (collectively, “Content”), for the purpose of operating, developing, providing, and improving the Service and researching and developing new ones. 3.5 You acknowledge and agree that Your right to use the App or the Services may be revoked if You breach any of these Terms.
4.1 To the extent permitted by law, the App and the Services are provided to You on an "as is" basis and may contain errors, faults and inaccuracies and may not be complete or current.
4.2 Traverse makes no representations or warranties, express or implied with respect to the operation or suitability of the App or the Services for any particular purpose; the availability, performance, security, characteristics or operation of the App or the Services; or the truthfulness or reliability of content provided by any third party, and, to the extent permitted by law, will not be responsible for breach of any such express or implied term.
5.1 The text, images, designs, graphics, pictures, applications, software, music, sound files, animation files, video files and their arrangement on the App (including third party content) (App Content) are all subject to copyright and other intellectual property protection laws in New Zealand.
5.2 Traverse is the owner or licensee of all App Content. Apart from any use that is permitted under the Copyright Act all rights are reserved.
5.3 App Content may not be copied, reproduced, adapted, transmitted or distributed, nor may these objects be modified or reposted to other Internet sites, without Traverse’s consent. Some content is subject to the copyright rights of third party content providers.
5.4 You acknowledge that: all intellectual property rights in the App Content throughout the world belong to Traverse or its related entities, or its suppliers or affiliates; and these Terms do not transfer title to any intellectual property in the App Content to You.
Limitations of Liability
6.1 You agree that Your access to and use of the App and the Services, is subject to these Terms and is at Your sole risk.
6.2 To the extent permitted by law, You agree that Traverse will not be responsible or liable for any damages, economic loss or other loss whatsoever arising out of, or in any way related to the modification, interruption, suspension or discontinuation of the App; any technical faults which impact on the availability or use of the App or the Services; or Your use of the App, the Services or any App Content.
6.3 You acknowledge that the Services are not an emergency reporting tool, nor are they intended to be used for emergency reporting purposes, and Traverse makes no guarantees as to the availability of the App or the Services.
6.4 Certain legislation (including the Australian Consumer Law) may impose consumer guarantees or obligations upon Traverse which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to these statutory provisions.
7.1 Traverse may, in its sole discretion, temporarily or permanently suspend or terminate the rights granted to You under these Terms if Traverse suspects in its sole discretion that You are not complying with the Terms or that You pose a threat to the App or the Services or their users or that Your conduct is inconsistent with Traverse’s brand values.
7.2 Traverse will not be liable for any cost, expense or damages whatsoever for suspension or termination of Your use.
General Provisions and Interpretation
8.1 These Terms are governed by the laws of New Zealand
8.2 These Terms, and documents incorporated by reference into these Terms, represent the entire agreement of the parties in relation to the use of the App and the Services. These Terms supersede all other representations, negotiations, arrangements, communications, understandings or agreements.
8.3 All rights not expressly stated in these Terms are reserved.
Contact and Violations
9.1 Traverse is responsible for addressing any questions, comments or claims relating to the App or the Services and Your use of them. If You have any comments, questions, complaints relating to the App or the Services, or would like to report a violation of any these Terms, please contact firstname.lastname@example.org.