GJ Gardner Homes NZ App – Terms of Use
These Terms of Use form the contract between you (you) and Deacon Holdings Limited, New Zealand Master Franchisee for G.J. Gardner Homes (us, we, our) relating to the use of the GJ Gardner Homes NZ App, as may amended and updated from time to time (App).
By downloading the App, you agree to these Terms of Use together with our associated privacy policy at [https://www.gjgardner.co.nz/app-privacy-policy]. If you do not agree to these Terms of Use and privacy policy, do not download or use the App.
You agree as follows:
(a) You are granted a non-exclusive, personal, non-transferable licence to use the App on a mobile or other handheld device or tablet (Device).
(b) You must not:
(i) adapt, modify, copy or alter any part of the App;
(ii) reverse-engineer, decompile or disassemble the App;
(iii) alter or remove any copyright or intellectual property notices included with the App;
(iv) assign, transfer, sub-licence, sub-contract, charge, encumber or otherwise deal with any rights or obligations under these Terms of Use;
(v) use the App in any unlawful manner, for any unlawful purpose, or act fraudulently or maliciously, for example by hacking into or including malicious code, viruses or data into the App;
(vi) transmit any material that is defamatory, offensive or otherwise objectionable or unlawful in relation to your use of the App;
(vii) use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of the App.
(c) You warrant you own or have obtained permission from the owners of the Device to download the App onto the Device. All costs associated with the downloading and use the App on the Device or any other costs arising out of or in connection with the use of the App shall be borne by you and shall not at any time be our liability.
(d) You hereby acknowledge our ownership of all intellectual property in or relating to the App including the content of the App. You must not at any time do anything to prejudice, challenge or impair our rights in such intellectual property or any other intellectual property owned or used by us.
(e) You are solely responsible for the use of the App and any decisions you make based on the App (including all the information made available through the App) are at your sole risk. We do not make any representations or warranties as to the operational performance of the App or the information included in the App and the App and all related information and services are provided on an “as is” basis. All warranties, express or implied, including without limitation in the implied warranties of merchantability, fitness for a particular purpose or otherwise are hereby disclaimed to the maximum extent permitted by law.
(f) In the event there is applicable law, any change or introduction of applicable law or any complaint or objection received under applicable law which affects the access and use of the App or any change in the regulatory position governing access and the use of the App, then we may at our sole and absolute discretion notify you and immediately terminate the use of the App or modify the App without notice to you.
(g) We do not guarantee ongoing access or use of the App and the App may be restricted or blocked for any reason without prior notice including for maintenance, technical or operational reasons. Without limiting the foregoing, we shall not be liable for a failure or delay in access and use of the App where such failure or delay is beyond our reasonable control including without limitation, fire, flood, explosion, earthquake, storm, flood or natural disaster, epidemic or pandemic, civil commotion, hostilities (whether war is declared or not), sabotage, an act of terrorism, chemical or biological contamination, the acts of any public authority or any Government sanction, embargo or similar action, compliance with any law, judgment, order or decree, any labour dispute or strike or failure of a sub-contractor, the interruption or failure of any utility services or network, any systemic virus, any hacking or ransomware attack or similar, the failure of the transportation of any personnel, equipment, machinery or supplies and/or the shortage of any fuel, power or supplies.
(h) Links on the App may lead to third party content or information. We accept no responsibility for such information including the currency or accuracy of such information. You may not create a link from any other website to any part of the App.
(i) To the maximum extent permitted by law, we shall not be liable by reason of any implied warranty, condition or other term, or any duty at common law, or under the Terms of Use, for indirect or consequential loss of damage, or any loss of profit, loss of revenue, loss of business or future business or loss of information and data (and in each case whether direct or indirect).
(j) To the maximum extent permitted by law, to the extent that we have any liability under these Terms of Use or in tort (including negligence) or otherwise arising out of or in connection with the App, our liability shall be limited to the sum of $100.
(k) We may immediately terminate, suspend, restrict or block your access to the App if we reasonably believe that you have breached these Terms of Use. We may also terminate the use of the App by notice to you if we decide to discontinue the App for any reason.
(l) We may make changes to these Terms of Use from time to time and where we do make changes we will update these Terms of Use by publication on our website.
(m) We may assign or transfer our rights and obligations under these Terms of Use to another person but this will not affect your rights to use the App (subject to your compliance with these Terms of Use). You may not assign or transfer your rights and obligations without our prior written consent.
(n) These Terms of Use are governed by New Zealand law. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.