These Terms and Conditions (the “Terms”) set out the terms and conditions that apply to your use of the MESBG Tracker App (the “App”), made available by THROWN DICE LIMITED, New Zealand company number 8283513, 3 Treffers Avenue, Rangiora 7400, New Zealand (“we” or “us”).
These Terms are a legally binding contract. By downloading and using the App on your device, you agree to be bound by them. Please read them carefully, and if you do not agree to any terms, you should remove the App from your device.
The App operates on devices running iOS version 15.0 or above. We can’t guarantee that the App will be compatible with 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.
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.
All rights not expressly granted to you are reserved.
We grant you a non-transferable, non-exclusive licence to install and use the App on your mobile devices for your personal use, subject to these Terms.
You may 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.
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 as may be expressly set out in these Terms or in the Privacy Policy. You acknowledge that you have no right to have access to the App in source code form. All rights to our trade marks and logos remain our property.
Ownership of any information or data input into the App by you remains with you. You grant us a licence to use that information or data for the purposes of operating the App and making related services available to you.
Anything you provide to us, including feedback, ideas or suggestions that you give us, in relation to the App may be used by us free of any obligations to you (including payment).
The way in which we use personal information is explained in, and governed by, the Privacy Policy for the App. By using the App, you accept, without limitation or qualification, the terms outlined in the Privacy Policy.
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, are 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.
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.
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.
Clauses 5 and 6 will survive termination of these Terms.
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 High Court of New Zealand will have exclusive jurisdiction.
If you wish to contact us in relation to the App, you can send us an email at info@throwndice.co.nz.
If you have downloaded the App from the Apple App Store, the following additional terms and conditions in this paragraph apply:
(a) This Agreement is solely between us and you, and not with Apple. We (and not Apple) are solely responsible for the App and its content (subject to these Terms). You acknowledge that Apple has no obligation to furnish any maintenance or support services to you in connection with the App.
(b) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be your sole responsibility.
(c) Any claim in connection with the App related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by these Terms, and Apple is not responsible for such claims.
(d) You must comply with the App Store Terms of Service, including the Usage Rules. You must also comply with all other applicable third party terms of agreement when using the App.
(e) You represent and warrant that you are not located in any U.S. embargoed countries or that has been designated by the U.S. Government as a “terrorist supporting” country, and you are not on a U.S. Government list of prohibited or restricted parties.
(f) Apple and its subsidiaries are third party beneficiaries to these Terms and, upon your acceptance of them, Apple will have the right to enforce these Terms against you.
(g) All other terms and conditions of these Terms apply to your use of the App.