Terms of Use
Introduction
Welcome to My Real Safety, a digital health and safety provider based in New Zealand. These terms of service govern your use of our services, so please read them carefully before using our website or mobile application (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these terms and our privacy policy.
Eligibility and Registration
To use the Platform, you must have the legal capacity to enter into a contract. You may need to create an account with us to access certain features of the Platform. When you register, you must provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your account information and for any activities that occur under your account.
License and Restrictions
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal or business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Platform. You may not use the Platform for any illegal or unauthorized purpose, or in any way that violates these terms.
Content
The Platform may contain user-generated content, such as comments, reviews, or ratings. We do not endorse, verify, or guarantee the accuracy, completeness, or quality of any user-generated content. You are solely responsible for any content you post or upload to the Platform, and you grant us a non-exclusive, perpetual, royalty-free, transferable, and sublicensable license to use, copy, modify, create derivative works from, distribute, and display your content in any form or media.
Fees and Payment
Some features of the Platform may be subject to fees, which we will disclose to you before you use them. You are responsible for paying all fees in a timely manner and for keeping your payment information up-to-date. If you dispute any charges, you must notify us within 30 days.
Intellectual Property
The Platform and its contents, including but not limited to text, graphics, images, logos, button icons, software, and audio clips, are the property of My Real Safety or its licensors and are protected by New Zealand and international copyright, trademark, and other intellectual property laws. You may not use our trademarks, service marks, or logos without our prior written consent.
Disclaimers and Limitations of Liability
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THESE TERMS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.
Indemnification
You agree to indemnify and hold us and our affiliates, officers, directors, employees, and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Platform, your violation of these terms, or your violation of any law or the rights of a third party.
Termination
We may terminate your access to the Platform at any time, with or without cause, without notice or liability to you. You may also terminate these terms at any time by ceasing to use the Platform. Upon termination, you must immediately cease all use of the Platform and any content obtained from the Platform.
Governing Law and Dispute Resolution
These terms and your use of the Platform shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflicts of law. Any dispute arising out of or relating to these terms or your use of the Platform shall be resolved exclusively in the courts of New Zealand.
Changes to Terms of Service
We may revise these terms of service at any time, with or without notice to you. The most current version of these terms will be posted on the Platform. By continuing to use the Platform after any changes to these terms, you agree to be bound by the revised terms.
Confidentiality
To the extent that any confidential information is passed by a party to the other, the other party must keep that information confidential.
Errors or Omissions
Clerical errors or omissions, whether in the compilation or otherwise in any order, quotation, acknowledgment, invoice, or other such documentation, are subject to correction by Seller.
Privacy Act
Customer authorizes Seller to contact any credit agency, referee, or any other source to check, exchange, or provide information in relation to Customer, and Customer authorizes each such source to provide to Seller any information about Customer. If Customer is a natural person, the Privacy Act 1993 entitles Customer to have access to personal information held by Seller about Customer and to request correction of that personal information.
Relationships
Nothing in the making or performance of a Contract creates the relationship of partnership, joint venture, or agent and principal between the parties. The relationship between the parties is the relationship of independent parties contracting for goods and services.
Miscellaneous
These terms of service constitute the entire agreement between you and My Real Safety, regarding the use of the Platform. If any provision of these terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to enforce any right or provision of these terms shall not be deemed a waiver of such right or provision. You may not assign these Terms or your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. We may assign these terms or any rights hereunder without your consent.
If you have any questions or concerns about these terms of service, please contact us at info@myrealsafety.com