Terms and Conditions

These terms and conditions ("Terms", "Agreement") are an agreement between Creative Refinery Limited ("Creative Refinery Limited", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Rooster mobile application and any of its products or services (collectively, "Mobile Application" or "Services"). 

Accounts and Membership

You must be at least 18 years of age to use this Mobile Application. By using this Mobile Application and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration. 

User Content

We do not own any data, content, information (including personal information) or material owned, held, used or created by you or your behalf ("Content") that you create, submit, or store in the Mobile Application in the course of using the Services. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Content. We may, but have no obligation to, monitor and review Content in the Mobile Application submitted or created using our Services by you. You grant us a worldwide, non-exclusive, fully paid up, transferable, sub-licensable, irrevocable licence to use, store, copy, modify, make available and communicate the Content for any purpose in connection with the exercise of our rights and performance of our obligations under this Agreement. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way (“Objectionable”). You must not upload any Content into the Mobile Application that is Objectionable. 

Backup

We perform regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimise the impact and downtime.

Advertisement

Although this Mobile Application may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. Some of the links in the Mobile Application may be "affiliate links". This means if you click on the link and purchase an item, Creative Refinery Limited will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. To the maximum extent permitted by law, we exclude all responsibility or liability for the actions, products, services, websites, feeds and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this Mobile Application. Your linking to any other off-site mobile applications is at your own risk.

Links to other mobile applications

Although this Mobile Application may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. Some of the links in the Mobile Application may be "affiliate links". This means if you click on the link and purchase an item, Creative Refinery Limited will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. To the maximum extent permitted by law, we exclude all responsibility or liability for the actions, products, services, websites, feeds and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this Mobile Application. Your linking to any other off-site mobile applications is at your own risk.

Third party applications/websites.

The Application may permit you to link to other applications or websites. Such third party applications/websites are not under Creative Refinery’s control, and such links do not constitute an endorsement by Creative Refinery of those other applications/websites or the services offered through them. The privacy and security practices of such third party application/websites linked to the Application are not covered by this Privacy Statement, and Creative Refinery is not responsible for the privacy or security practices or the content of such websites. 

Prohibited Users

In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances and you must comply with the Unsolicited Electronic Messages Act 2007; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or the Mobile Application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services, the Mobile Application, other mobile applications, or the Internet. You must not resell or make available the Services to any third party, or otherwise commercially exploit the Services or the Mobile Application. We reserve the right to terminate your use of the Services or the Mobile Application for violating any of the prohibited uses.

Intellectual Property Rights

Subject to the provisions contained in the section entitled “User Content”, title to and all intellectual property rights in the Services and the Mobile Application is and remains our and/or our licensors’ property. This Agreement does not transfer to you any intellectual property owned by Creative Refinery Limited or by any third-parties (including our sponsors and advertisers), and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Creative Refinery Limited or such third parties. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Creative Refinery Limited or Creative Refinery Limited licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or licence to reproduce or otherwise use any Creative Refinery Limited or third-party trademarks. To the extent not owned by us, you grant us a royalty-free, transferable, sub-licensable, irrevocable and perpetual licence to use any know-how, techniques, ideas, methodologies and similar intellectual property used by us in the provision of the Services.
If you provide us with ideas, comments or suggestions relating to the Services or the Mobile Application (together “feedback”) then: (a) all intellectual property rights in that feedback and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works) are owned solely by us; and (b) we may use or disclose that feedback for any purpose.  

Disclaimer of Warranty

You agree that your use of our Mobile Application or Services is solely at your own risk. You agree that such Services are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein. 

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Creative Refinery Limited, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Creative Refinery Limited has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Creative Refinery Limited and its affiliates, officers, employees, agents, suppliers, sponsors, advertisers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Creative Refinery Limited for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Changes and Amendments 

We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will post a notification in our Mobile Application. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to use or access the Mobile Application and its Services.

Contacting Us

If you have any questions about this Agreement, please contact us at admin@roosterapp.co.nz.
This document was last updated on 10.12.2020.