The following document outlines the terms and conditions for the use of the Beep mobile app on iOS and Android.
For more information on the use of your personal information, please see our use of personal information page.
Important Information
Please read the terms and conditions of this Agreement before continuing. By downloading, installing or using this application (App) you agree to be bound by the terms and conditions contained in this Agreement.
This is a legal agreement between you (Authorised User) and Solvam Corporation Limited (Solvam) for the use of the App (Agreement). This Agreement represents the entire agreement concerning the App between each Authorised User and Solvam and supersedes any prior proposal, representation or understanding relating to the App between the parties.
Any failure to exercise or enforce any right available to Solvam under this Agreement does not constitute a waiver of those rights.
No Liability
Solvam makes every effort to ensure the App is up-to-date. However, Solvam makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability for purpose or availability of the App. Any reliance the Authorised User places on the App is therefore strictly at its own risk.
In no event will Solvam be liable (whether under tort, equity, negligence or otherwise) for any damage or loss including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising out of or in connection with the use of, or reliance on, the App.
Solvam makes every effort to keep the App running smoothly. However, Solvam takes no responsibility for, and will not be liable (whether under tort, equity, negligence or otherwise) for, the App being temporarily unavailable due to technical issues beyond its control. Solvam also reserves the right to permanently remove the App from the App Store/Play Store at any time or to charge the Authorised User for the App.
Solvam is not liable to the Authorised User for any damage or change to the Authorised User’s device or equipment caused by the App.
Indemnity
- You agree to indemnify Solvam, its officers, employees, agents, affiliates, suppliers and representatives against any and all claims, damages, losses, costs, and expenses (including but not limited to lawyers’ fees) resulting from any violation of this Agreement or any activity related to the use of the App (including negligent or wrongful conduct) by you or any other person accessing the App that you are responsible for.
Intellectual property
Solvam (and its licensors) own all title and trademarks, copyright, database rights and intellectual property rights in the App. The App is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The App is not sold to the Authorised User. Solvam grants the Authorised User a non-exclusive, royalty-free, revocable licence to download, install and use the App only on the terms and conditions of this Agreement exclusively.
You must not copy, reproduce or distribute the App (including any part of the App or any content found on or produced by the App) without the prior written consent of Solvam.
Privacy and use of information
The information submitted by each Authorised User to the App may be retained by Solvam and used in accordance with the requirements of the Privacy Act 1993 (or any replacement legislation). The Authorised User agrees that Solvam may use any personal information obtained by Solvam about the Authorised User through or by use of the App for any purpose associated with the provision of, or their use of, the App (including producing statistical data). Solvam may disclose information about the Authorised User to Solvam’s agents or any Governmental Department if deemed necessary by Solvam for any purpose. The Authorised User may request the information that Solvam holds about it. These requests must be made in writing.
For the avoidance of doubt, the Authorised User authorises and consents to Solvam providing the Authorised User’s data to third parties to facilitate communication between the Authorised User and any party that the Authorised User communicates with through the App. These third parties may include (but not be limited to) telecommunication service providers and automated text message service providers. The Authorised User acknowledges that Solvam will not have no liability for any claim arising from an action taken by a third party.
The Authorised User acknowledges that the App is accessed through the Authorised User’s mobile phone number and that if the Authorised User no longer has access to the registered mobile phone number, the Authorised User’s data may be accessible by a third party (i.e. if the Authorised User abandons its registered mobile phone number and this is then reissued by a mobile network provider). In the event this occurs, Solvam will have no liability to the Authorised User. The Authorised User acknowledges this and it is the Authorised User’s responsibility to notify Solvam if its registered mobile phone number changes.
Consumer Guarantees Act 1993
- Nothing in this Agreement shall affect any right the Authorised User may have under the Consumer Guarantees Act 1993 (Act) (or any replacement legislation). If the App is being used for the purpose of a business, the Authorised User agrees that the provisions of the Act are contracted out of by the parties to the maximum extent permitted by law.
Termination
This Agreement is effective until terminated by the Authorised User or Solvam. Solvam may suspend or terminate an Authorised User’s use of the App at any time without prior notice or liability for any reason whatsoever, including if the Authorised User breaches any part of this Agreement. Upon such termination, the rights granted to the Authorised User under this Agreement shall immediately terminate and the Authorised User must immediately cease all use of the App however clauses 2, 3, 4 and 5 will survive termination of this Agreement.
An Authorised User may terminate this Agreement by ceasing to use the App and uninstalling and removing all copies of the App in the Authorised User’s possession or control.
Termination of this Agreement is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination.
Variation
- Solvam may in its absolute discretion change the terms and conditions of this Agreement at any time by publication of the amended terms and conditions on the App itself. The change will take effect when the amended terms and conditions are uploaded to the App or the App Store/Play Store.
Applicable law
This Agreement is governed and to be construed by the laws of New Zealand and the Authorised User accepts that New Zealand Courts have exclusive jurisdiction to deal with any dispute, litigation or other matter relating to this Agreement or the App.
If at any time any part of this Agreement becomes illegal, invalid or unenforceable in any respect, that part shall be read down to become legal, valid and enforceable or, if this is not possible, deleted. The remaining parts of this Agreement shall continue to apply with full force and effect.
Capacity
- By using or installing the App, you warrant that you are over 18 years of age or have the permission of your guardian to do so (if you are an individual) or, in the case of a body corporate, that you have the authority to enter into the Agreement.
