Last updated: May 2018
1. Acceptance of these Terms
Welcome to Movitae. These are our Terms. By using the Website (which includes our Applications) or any of our Services, you agree to be bound by these Terms, whether or not you register as a Member.
If you do not accept these Terms, you must stop using the Website and the Services.
2. Changes to the Terms
These Terms may be amended by us from time to time. Amendments will be effective immediately when posted on the Website. You are responsible for ensuring you are familiar with the latest Terms. Your continued use of the Website and the Services represents your agreement to be bound by the Terms as amended.
In these Terms:
“Account” means your account with us which is created when you sign up to use the website.
“Applications” means any of the mobile applications made available by us for mobile or tablet devices (whether on iOS or Android operating systems);
“Content” means any material uploaded to the Website by a Member, any comments made by a Member and any advice, coaching, mentoring, feedback, online program or Premium Content provided by a Professional Member or us, including but not limited to video, photographs, text, graphics, sound recordings or links to other websites;
“Credit Account” means an online credit account maintained by us for each Member from which Members must pay Fees;
“Feedback Price” means the price of feedback or mentoring requested from us or a Professional Member;
“Fees” means Membership Fees, Feedback Prices, Program Prices and any other applicable fees payable for the Services as set out on the Website from time to time or as quoted directly to you by us or by a Professional Member;
“Individual Membership” means being a Member by registering individually with us or by registering with us and linking to an Organisation which has not elected to use the School Membership option;
“Individual Membership Fee” means the fee payable directly by you to us for use of the Website and the Services;
“Linked Websites” means a link to any third party website from our Website, whether the link is via our Services or your Content or any other means whatsoever;
“Member” means a registered member of the Website, whether a Non-Paying Member, a paying Member or a Professional Member;
“Membership” means being a registered Member;
“Membership Fee” means the fee payable for Membership including but not limited to an Individual Membership Fee or a School Membership Fee;
“Portfolio/MV” means an online movement-based curriculum vitae, ePortfolio or project created from Timeline Items;
“Non-Paying Membership” means a Membership where no Membership Fees are payable and where use of and access to the Services and the Website are limited as we may determine from time to time;
“Organisation” means a school, club, Association, teacher or institution set up on Movitae to enable sharing of Items and to offer Services to Members;
“Premium Content” means online training or learning programs available for viewing on the Website, and which may be subject to payment of additional Fees as set by us from time to time;
“Professional Member” means a school, organisation, teacher, coach, company, selector, mentor or similar which holds a registered Membership with Movitae, and includes any individual staff member of an Organisation;
“Professional Services” means provision of advice, coaching, mentoring, feedback, online training and learning programs, or Premium Content or any similar service by a Professional Member via the Website;
“Program Price” means the price of Premium Content available for purchase via the Website;
“School Membership” means being a Member by registering with us and linking to an Organisation which has elected to use the School Membership option which allows it to pay School Membership Fees to us on behalf of you and its other linked Members;
“School Membership Fees” means the fees payable by an Organisation to us for use of the Website and the Services by those Members linked to that Organisation under the School Membership option;
“Services” means one or more of the services offered via the Website, including, storing of data, creation of Timelines and Portfolio/MVs, displaying event information, provision of Premium Content, mentoring services or online training and learning programs by us, provision of Professional Services by Professional Members and any other service that we may offer from time to time;
“Terms” means these terms and conditions, upon which we offer you access to the Website and the Services.
“Timeline” means an online date or activity based store of Timeline Items;
“Timeline Item” means a dated repository of information that exists on a members timeline and can be shared to other members timelines. This can include text, images, videos, links, files;
“Uploading Guidelines” means the guidelines you must comply with in uploading Content to the Website as set out on the Website and as may be amended by us from time to time;
“we”, “us”, “our” and “Movitae” means Movitae Limited, a company registered in New Zealand under company number 3360113; and
“Website” means any website application of ours through which the Services are offered, including any Applications and the internet URL and parts of the Website that Members can use without logging into the Website.
4. Description of the services
The Website allows Members to upload movement-based learning and practice Content to their own personal Timeline, and to share items of Content with other Members and/or Professional Members and review comments on them. It allows Members to create password protected ePortfolios or MVs that are able to be emailed with a password or shared via a secret URL. Members can also receive expert analysis from teachers and mentors who are Professional Members and can purchase training programs and other Premium Content online. Professional Members can give paid or unpaid feedback requested on Content.
5. Who these Terms apply to
Professional Members: Instructors and teachers who wish to use the Website, and allow their students to use it, must register as Professional Members. We will provide you with a sign-up code to pass on to your students. Please note that, if any of your students are aged under 18, then it is your responsibility to ensure that a parent or guardian has consented to each student’s use and membership of Movitae. This should be done in accordance with your organisation’s usual policies and practices, and applicable laws. You may wish to refer parents/guardians to this document available here which explains how Movitae works and our approach to privacy.
Professional Members may either register as individuals, or as an Organisation, in which case staff members or tutors of that Organisation who sign up to Movitae will be entitled to access and use the Website under that Professional Membership. Organisations will be asked to nominate one staff member who has Admin rights to add and approve further staff members of that Organisation as Movitae members.
If you are registering as a Professional Member, you warrant that you have suitable qualifications or accreditation in the dance, fitness, health or any similar industry. We reserve the right to check your qualifications or credentials at any time.
Registration of Professional Members is linked to the organisation registered, rather than the individual staff member or instructor. If the individual who registered the organisation’s Professional Membership ceases to work for the organisation, you must notify us immediately so that we can update our records.
Individual Members: If you’re signing up to Movitae as an individual Member, then you may only register if you’re over 18 years of age and can form a legally binding contract. By registering as a Member, you warrant that you can form a legally binding contract.
If you are under 18 years of age, then your parent or guardian must register on your behalf.
Notice for Parents / Guardians:
By granting your child permission to use the Services, you agree to these Terms on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Website and the Services and for the consequences of any misuse. If your child is using the Services without your permission, please contact us immediately so that we can disable his or her access. Our contact details are provided at the end of these Terms.
When registering a child, you should register the name of the child as the Member. This assists Professional Members to identify and select your child from groups of Members for the provision of specific Professional Services. Even if your child’s name is shown on the account as the Member, our contract for use of the Website and Services is with you. You are required to actively monitor the account and encourage and educate appropriate use.
If you have more than one child wishing to use the Website and the Services, you can register each child separately as a Member or put both children’s name in and join all appropriate classes. Membership Fees will be payable for each child registered.
6. Becoming a Member
You warrant that you have provided complete, accurate and current personal information when registering as a Member. You must maintain and update your personal information held by us to ensure it is kept current at all times.
You will not create more than one Membership account per person. In the context of Professional Memberships, this means that there should only be one Membership per Organisation.
7. Security of your login information
You are responsible for keeping your login information secret and secure, including your e-mail address, user name and password. Without limiting the foregoing, you will not:
– permit any other person to use your user name or Membership account; or
– disclose, or provide to any other person, your password, email address or any other information in connection with your Membership that may allow them to gain access to your Membership account.
You must notify us immediately if you become aware of a potential breach of security such as the unauthorised disclosure or use of your user name or password.
You are responsible for the security of any computer where you are logged on to the Website.
You agree that we are entitled to rely on the authenticity and authority of your user name, password and session-specific codes generated by your hardware device to process actions or requests you submit to the Website and that we may do so without further enquiry.
You must notify us if you believe you have access to another Member’s Content in error.
8. Your conduct
You are entirely responsible for any and all activities that occur under your Membership. You must only use your Membership for personal and non-commercial use unless you have registered as a Professional Member.
As a condition of your use of the Website and the Services, you warrant to us that you will act in good faith at all times when using the Website and the Services and that you will not use the Website or the Services for any purpose which is unlawful or prohibited by these Terms. In particular you agree not to:
– use the Website or the Services to defame, abuse, bully, intimidate, harass, stalk, threaten, exploit or otherwise offend others;
– upload, publish, distribute, e-mail, transmit or disseminate any material which is false or misleading, unlawful, obscene, defamatory, malicious, indecent, offensive, threatening or inappropriate or which is not related to the particular Services you are subscribed to;
– damage, disable, overburden or block the Website (or any network connected to the Website) or prevent it from functioning;
– restrict or interfere with any other party’s use and enjoyment of the Website and the Services;
– attempt to gain unauthorised access to the Website, the Services, any Content, any other Member’s account or any computer systems or networks connected to the Website through hacking, password mining or any other means;
– solicit log in information or access an account belonging to someone else;
– engage in or promote any surveys, pyramid schemes, chain letters, unsolicited emailing or spamming via the Website;
– offer any contest or giveaway on the Website without obtaining our prior written permission. If we consent, you take full responsibility for the contest or giveaway, and agree to comply with all applicable laws;
– impersonate any person or entity, including, but not limited to, any other Member;
– upload, post, e-mail, transmit or otherwise make available using the Website any material which you do not have a right to make available under any law or contractual obligation or which contains viruses or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
– download any file posted by another Member that you know, or reasonably should know, cannot be legally distributed in such manner or forward any Content of another Member to any third party which you are not permitted to forward under these Terms;
– use, download or otherwise copy or provide to a third party any directory of users of the Services or other Member information;
– facilitate or encourage any violations of these Terms;
– breach any applicable laws or regulations,
or attempt to do any of the above.
9. Ownership of Content
You own the Content that you submit to the Services. By submitting Content, you grant us and our affiliates a limited, worldwide, non-exclusive, royalty-free licence and right to copy, transmit, distribute, publicly perform and display (through all media now known and hereafter created), and make derivative works from your Content, including any trademark or logo of yours, for the purpose of:
– displaying the Content on your Timeline and/or Portfolio/MV;
– promoting the Services;
– if you are a Professional Member, providing your Content to an individual Member who has registered to receive your Professional Services; and
– archiving or preserving the Content for disputes, legal proceedings or investigations.
The above licences will terminate within a commercially reasonable time after you remove or delete your Content from the Website. However, the licence for legal archiving and preservation purposes will continue indefinitely.
10. Viewing and sharing of Content
Movitae is a closed community website. Your Content cannot be viewed by or shared with other Members, Professional Members or third parties unless you expressly choose to do so. For example, you may choose for other Members to view Content on your Timeline but the functionality of the Website means that they will not be able to on share that Content to a third party using the website functionality.
After you register as a Member, you will be able to choose who you share your Content with and therefore who will be allowed to view your Content, as well as which Services you may wish to use. Please consider the options and choose carefully. You are granting permission to view your Content to all Members that you have authorised to do so. Any use of your Content by another Member, including a Professional Member, other than for the purpose of viewing that Content will require your express consent. This means that your Content cannot be forwarded on to a third party by anyone that you have shared that Content with without your consent.
If you have previously granted permission to view your Content to a Member and you wish to revoke that permission, you can do so at any time by following the prompts within your Membership account.
Please note content created and shared to a Portfolio that you create can be made accessible using a password protected URL. Please make recipients aware that this URL is private, if you suspect the URL has been shared without your permission you may take down the content and change the access code.
You must ensure that you have the express consent of any person, whether a Member or not, whose image or personal information is contained in any Content which you upload.
You acknowledge that any Content shared with you by another Member or Professional Member is shared with you for the purpose of viewing only and is not to be forwarded to or shared with a third party without the express consent of that other Member or Professional Member.
Any unauthorised copying, quoting, reproducing or forwarding of Content by you may result in the termination of your Membership or the reducing of your Membership to a Non-Paying Membership at our sole discretion.
11. No sharing or forwarding of Content of a Professional Member
You acknowledge that any Content provided to you by a Professional Member, including but not limited to advice, feedback, coaching, online programs or Premium Content is owned by that Professional Member and is to be viewed only and is not to be copied, quoted, reproduced or forwarded in any way to a third party without the prior express consent of that Professional Member.
12. Purchasing Premium Content
Any Premium Content (such as online training and learning programs) sold by a Professional Member or us will be available for use on your Timeline for one year or other specified period, from the date of purchase. At the end of that period of time, your use of the program will be blocked. If you wish to continue using the program, you will need to repurchase it via the Website.
Additional Fees and terms and conditions may apply to Premium Content – more information about these will be on the purchase page of the Website.
Members please note that if the organisation you are with deregisters with the owning organisation of the program you may lose access to the program. To regain access you would need to join an organisation that is registered with the program’s owning organisation and has access to the program.
13. Delivery of goods and services
Premium Content purchased will be made available for use from the time of a successful purchase for one year unless otherwise stated. Feedback and mentoring delivery time frames are at the discretion of the Professional Member providing the mentoring; however if feedback is not given within 21 days the request will be treated as withdrawn. Additional features that are part of a Membership will be granted from the time of the payment of the Membership Fee. An account balance top-up will result in funds being available for use on Movitae from the time of the successful Credit Card transaction.
14. Your warranties
For each piece of Content you submit, you represent and warrant that;
– you have the right to submit the Content to us and grant the licences set out above;
– we will not need to obtain licences from any third party or pay royalties to any third party;
– the Content does not infringe any third party’s rights, including intellectual property rights and privacy rights, and does not contain anything that is offensive, obscene, defamatory or unlawful;
– the Content complies with these Terms and all applicable laws; and
– the Content has been uploaded to our Website in accordance with the Uploading Guidelines.
15. Removal of Content
We have no obligation to screen or monitor any Content or any particular Member’s use of the Website and the Services. However we reserve the right to screen or monitor Content and to remove or edit any Content at our sole discretion.
We do not guarantee that any Content complies with these Terms or is suitable for all users of the Website.
16. Use and storage
You agree that we may establish limits on the use of any Service including without limitation:
– the maximum number of uploads of Content which may be made to a Timeline or Portfolio;
– the maximum size of an upload of Content which may be made to a Timeline or Portfolio; and
– the maximum storage space which will be allotted on our Website on your behalf.
– If your account is not used for a period of 12 months or more we may deactivate the account and you will loose access to the information in Movitae.
These limits to the Services are as set out on our Website and may be amended from time to time.
17. Movitae phone holder
Movitae may provide it’s customers with a mobile phone holder (bracket) to help teachers video their class. This bracket is manufactured by a third party and Movitae accepts no liability for any defects in the product or any direct or indirect damage or injury caused by its correct or incorrect use. The users of the bracket should follow the instructions on this page: http://www.movitae.com/bracket
18. Intellectual property rights
We (and our licensors or suppliers as the case may be) own all proprietary and intellectual property rights in the Website (including without limitation text, graphics, Movitae logos and trademarks, icons and sound recordings, website programming code and mark-up), the software and other material underlying and forming part of the Website and the Services, and any improvements, enhancements, modifications or adaptions to the Website.
You may not, without our prior express written permission, in any form or by any means:
– adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website, including but not limited to our Movitae logo or trademark or the logo or trademark of any of our affiliates; or
– commercialise, copy or on-sell any information or items obtained from any part of this Website.
19. Changes to the Services
We reserve the right at any time to modify, adapt, suspend or discontinue the Services or any part of the Services or Website, whether temporarily or permanently, without notice to you.
20. No warranties
The Website and the Services are provided on an “as is” and “as available” basis. You use the Website and the Services at your own risk.
To the fullest extent permitted by law, we exclude all warranties whether express or implied in relation to the Website and the Services that are not expressly set out in these Terms.
Without limiting the foregoing, we make no representations or warranties:
– that the Website, the Services or any Content will be uninterrupted, error-free or free of viruses or other destructive materials;
– concerning any Content submitted by any Member;
– concerning any third party’s use of your Content;
– that your Content will be made available on the Website or will be stored by us or will remain secure or uncorrupted;
– that the Services will meet your needs or expectations or that you will achieve the results or outcomes that you may expect from the Services;
– that we will continue to provide or support any particular Service;
– concerning any Linked Websites; and
– that any Professional Services or Content provided by a Professional Member to you will be provided with reasonable care and skill or will be fit for a particular purpose or provided in a timely fashion or for a reasonable price.
You agree that we may use third party suppliers to provide the necessary hardware, software, networking, storage and related technology required to run the Website and store and manage Content. The acts and omissions of those third party suppliers may be outside of our control, and we do not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
21. Links to other websites
You acknowledge that the Website may contain links to Linked Websites. You further acknowledge that the Linked Websites are not under our control and we are not responsible or liable for:
– the content of any Linked Website;
– any form of transmission received from a Linked Website; or
– if the Linked Website is not available or working properly.
22. Dealings with Professional Members
You acknowledge and accept that we do not take any part in the provision of Professional Services provided by a Professional Member to a Member other than by providing our Website as a venue. If a Member purchases Professional Services, a contract of sale will be formed between the Movitae Member and the Professional Member directly. We do not act as an agent for either party. Once a Professional Member has made contact with a Member for the purpose of providing Professional Services, our only role is to pass on payment for those Professional Services from the Member to the Professional Member. Other than facilitating payment, we shall not be responsible or liable in any way for use of any Professional Service or for any dealings between a Member and a Professional Member. You agree not to involve or attempt to involve us in any dispute or resolution of any dispute that may arise between you and another Member as a result of any Professional Services provided.
The provision of any Content by a Professional Member to a Member does not constitute a recommendation or endorsement of that Content by us.
23. Obligations of Professional Members
If you are a Professional Member, you acknowledge that you may only offer and provide those Professional Services via the Website which you have registered with us and which we have authorised you to provide. You must provide these Professional Services within the timeframe set out in the Website, with reasonable care and skill, in accordance with best industry practice and for a reasonable price.
You must not approach a Member directly, ie outside the Website, to provide Professional Services to that Member or otherwise seek to avoid payment to us. Any attempt by you to provide Professional Services to Members other than through the Website or to avoid payment to us for provision of Professional Services may result in us suspending or terminating your Membership.
As a Professional Member, you acknowledge and accept that Members must comply with these Terms in using the Website and the Services, in particular that they must not copy or forward any Content you may provide, but that we are not liable to you for any breach by any Member of these Terms.
Payment of all taxes and other charges on the Professional Services you provide is your sole responsibility.
You agree to pay us all applicable Fees for your use of the Services. Fees are in US dollars unless otherwise stated. Membership Fees are inclusive of New Zealand GST (if appropriate).
We reserve the right to change the Fees at any time. Amended Fees will be displayed on the Website.
We may, at our sole discretion, offer you either a time limited trial of the Services where no Fees are payable or a Non-Paying Membership. At the end of any such trial, you will be required to pay Membership Fees in order to continue using the Services.
Individual Membership Fees: Individual Membership Fees are payable by you upon registration for an Individual Membership and then for each subsequent year of your Membership.
School Membership Fees: School Membership Fees are payable by Organisations based on the number of School Memberships linked to each Organisation. We will invoice an Organisation for each School Membership as an annual fee or on a per term basis at our sole discretion. We will issue invoices for School Membership Fees each term unless agreed otherwise. Organisations will pay their invoices by the due date
Fees are non-refundable and may be subject to change by notice to you. All Fees are exclusive of all taxes (other than New Zealand goods and services tax). We will not be held liable for changing or refusing to refund the Fees.
If you fail to pay any Fees by the due date, we may suspend or cancel your Account or reduce your Account to a Non-Paying Membership until payment is made. We reserve the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that we incur when collecting that debt.
25. Payment for Professional Services
Payment of Program Prices will be debited from the Credit Account of the ordering Member at the time of ordering the program via the Website and will be credited to the Credit Account (less GST and our administration fee) of the Professional Member providing the item at the same time.
Payment of Feedback Prices will be debited from the Credit Account of the ordering Member at the time of requesting the feedback. We will only transfer the Feedback Price to the Professional Member providing the requested feedback when that feedback has been uploaded to the Timeline of the requesting Member. If feedback is not made within 21 days of the request being made, the request will be treated as withdrawn and the Feedback Price will be refunded in full to the Credit Account of the requesting Member.
26. Credit Accounts
We maintain Credit Accounts for each Member and from which Members must pay some types of Fees.
We currently accept payment into Credit Accounts by Payment Express, but we reserve the right to add or amend our permitted payment providers at any time. You agree to abide by the Terms of any of our permitted payment providers that you choose to use.
The name that will appear on your credit card statement for Payment Express transactions will be MOVITAE LIMITED.
You must provide current, complete and accurate information for your Credit Account. You must promptly update all information to keep your Credit Account current, complete and accurate, for example any change in billing address, credit card number or credit card expiration date. You must promptly notify us if your payment method is modified or cancelled for any reason. If you fail to provide us any of the foregoing information, you agree that we may continue charging you for any use of the Services and you agree to pay all amounts due on demand even if we do not receive payments via your chosen payment provider.
We will maintain an amount that exceeds the aggregate face value of Members’ Credit Accounts (less any amounts that have been cancelled, redeemed or forfeited in accordance with these Terms) in a separate bank account. We acknowledge and declare that all amounts deposited in that separate bank account are held on trust for Members, such that each Member has the right to a proportion of the separate bank account equal to the face value of their Credit Account. We may deduct amounts from the separate bank account as contemplated by these Terms and we reserve the right to retain any interest earned on amounts deposited in the separate bank account. You acknowledge that this means that no interest will accrue to you from any credit balance in your Current Account.
You will promptly top up your Credit Account when required to meet payments due for Services or as requested by us. In the unlikely event that you have a negative balance in your Credit Account, you must settle that negative balance immediately. Your Membership will be reduced to a Non-Paying Membership until your negative balance is rectified. We reserve the right to take action against you, including but not limited to, deducting any amount owed by you from the credit balance of any Credit Account operated by you, to recover outstanding debts. You are liable for all expenses (including legal fees) that we incur when collecting that debt.
If you cancel your Membership or if your Membership is terminated by us, you must spend the remaining credit balance of your Credit Account on our Services. We are not obliged to refund any credit balance of your Credit Account to you.
We will ensure that, at all reasonable times, an online statement is available to you that contains the current balance of your Credit Account and a list of your most recent transactions.
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of us to you or any other person under or in connection with these Terms or in connection with the Website, the Services, another Member’s acts or omissions, or your use of or inability to use the Website or the Services, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your use of the Website or the Services or your failure to comply with these Terms.
29. Breach by you and termination by us
Without limiting any other rights and remedies available to us, we may limit your activities on the Website, remove any or all of your Content, issue a warning to you, reduce your Membership to a Non-Paying Membership, terminate your Membership or refuse to provide our Services to you if you breach these Terms or where we consider it appropriate.
In the event of termination of your Membership for any reason, your Content may no longer be available. We shall not be responsible for the loss of any such Content.
In the event of termination of your Membership by us for any reason:
– we have no obligation to refund any monies paid by you to us prior to termination, including any credit balance in your Credit Account;
– you agree to pay on demand all unpaid amounts due to us for use of the Services as at the date of termination; and
– you agree that you will not open or attempt to open a new Membership without our express written consent.
30. Cancellation by you
You may cancel your Membership at any time by following the prompts within your Membership account or by emailing us. You agree to pay on demand all unpaid amounts due to us for use of the Services as at the date of cancellation.
31. Non-use of the Website
If you are a registered Movitae Member and you have not logged on to the Website for a period of 12 months, we will endeavour to contact you to ensure that you wish to continue with your Membership. We may reduce your Membership to a Non-Paying Membership until we have discussed whether you wish to continue.
32. Additional terms for Apple app store downloads
If you have downloaded the Movitae app from the Apple App Store, the following additional terms in this clause apply:
This agreement is solely between us and you, and not with Apple. We (and not Apple) are solely responsible for the Movitae 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 Movitae app.
We grant you a non-transferable, non-exclusive licence to install and use the Movitae app on your mobile devices for your personal use, subject to these Terms.
In the event of any failure of the Movitae app to conform to any warranty that might be contained or implied into these Terms, you may notify Apple, and Apple will refund the purchase price (if any) for the Movitae app. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Movitae app.
Any claim in connection with the Movitae 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.
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 Services.
You represent and warrant that you are not located in any U.S. embargoed countries or on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third party beneficiaries to this section of the Terms and, upon your acceptance of them, Apple will have the right to enforce these Terms against you.
All other Terms apply to your use of the Movitae app.
33. Governing law
These Terms are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand.
34. Jurisdiction; Entire agreement
These Terms will be governed by and construed in accordance with the laws of the country of New Zealand, without giving effect to its conflict of laws provisions or your actual state or country of residence. By your use of the Services, you (a) agree that any suit, action or legal proceeding arising out of or relating to this Agreement will be brought in the courts of the country of New Zealand; (b) consent to the jurisdiction of such court in any such suit, action or proceeding; and (c) waive any objection which you may have to the laying of venue of any such suit, action or proceeding in any of such courts.
These Terms supersede all previous conditions, understandings, agreements and representations whatsoever whether oral or written and constitute the entire agreement between you and us relating to the subject matter of these Terms.
35. No waiver
If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.
36. Partial invalidity
If any provision of these Terms becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining Terms, which shall continue in full force and effect.
37. No agency
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of the Services.
38. No third party rights
Subject to clause 31, no third party shall have any rights under these Terms.
Except to the extent that you need to contact us to inform us of any breach of these Terms, you agree not to involve, or attempt to involve us, in any dispute or in the resolution of any dispute between you and another Member.
If you wish to notify us of any dispute you have with us, our contact details are provided at the end of these Terms.
We may transfer, assign or delegate these Terms and its rights and obligations without consent. You agree that you cannot transfer, sell, lease, lend or trade your account without our prior written consent.
We collect personal information about you through your use of this Website and the Services, including but not limited to your registration details and the Content you access. Content that we store (and that you’re identifiable in) may also be regarded as personal information under applicable privacy laws. You are under no obligation to provide any such information, but given that it is a central feature of the Services (and helps us to maintain and control access to Member’s Content and Accounts) your access to the Website or the Services may be limited if you choose to withhold it.
42. Contact us
We appreciate your help in keeping the Website a safe and enjoyable experience for all users. If you have any questions about these Terms, our practices, or if you would like to report a breach of these Terms, unauthorised access to your account or give us other feedback or notice, you can contact us in the following ways:
Phone: +64 9 3781612
Post: 152 Garnet Road, Westmere, Auckland, New Zealand.