Terms and Conditions

Terms for Users in New Zealand

1. Date of User Terms

These User Terms were last dated 12 December 2017.

2. Parties

The My Honesty Box App (App) is owned, and operated, by Honesty Box Online Limited (we, us, our).
In these User Terms, you and your mean the person that is registered to use the Service.

3. Bound by User Terms

Your registration to use the App and, through the App, the Service constitutes your confirmation that you are authorised to, and do, accept and agree to be bound by these User Terms setting out the terms of your access to, and use of, the App and the Service.
These User Terms form a legally binding contract between you and us once you accept them as part of the registration process.
Subject to New Zealand law, these User Terms record the entire agreement relating to your use of the App and the Service.

4. Service Description

We provide an online Web application to Vendors and a mobile App to Customers that together comprise a platform for creating online stores, that:

identify the Vendor's goods and services for sale using MHB Web application, and
facilitate the Customer's payment for those goods and services using the App.

5. Licence to use

6. Access to Service

Your access to the Service is through the App. You need to download the App.
You are responsible for providing a secure internet or wireless access and for ensuring that your device meets all the necessary technical specifications to enable your access to, and use of, the Service.

7. Changes

We may change these User Terms, the App or the Service from time to time.
If we change these User Terms, the App or the Service, we will notify you upon your first use of the App or the Service following that change.
If you continue to use the App or the Service after that notice, that will constitute your acceptance of the latest version of these User Terms.

8. Cancellation: HBO / User

We may cease providing the Service to you at any time. We will notify you as soon as possible of our decision to cease providing the Service to you.
You may cease using the App or the Service at any time.
If we consider that:

you have not complied with these User Terms;
your log-in ID has been disclosed to an unauthorised person; or
there is a risk to the security or integrity of the Service,

we may disable your log-in ID.
If you breach any of these User Terms, your rights under these User Terms are terminated.

9. Risk/Responsibility

a. As is

We provide the App and the Service to you as is.

b. As available

We provide the Service to you as, and when, it is available. We do not make any commitment to you that the Service will be available for your use at any time or even from time to time.

c. User risk

Your use of the App and the Service is solely at your risk.

d. No warranties

Subject to any warranties implied by law or that otherwise may apply, we do not warrant that:

the App or the Service will meet your specific requirements (regardless of whether you tell us of those specific requirements)
the App or the Service will be uninterrupted, timely, secure or error free, accurate or reliable
any errors in the App or the Service will be corrected
any goods or services that you purchase using the App will meet your requirements.

To the maximum extent permitted by law, we exclude any warranties that may be implied or that otherwise may apply to our provision of the App or the Service to you.

e. Limited liability: not consequential/indirect loss + cap

Us

We will not be liable to you for any indirect or consequential loss you may incur in connection with your use of the App or the Service or from our breach of these User Terms.
In any event, our maximum liability to you in connection with your use of the App or the Service or from our breach of these User Terms is limited to NZ$10.

You

You will not be liable to us for any indirect or consequential loss we may incur in connection with your use of the App or the Service or from your breach of these User Terms.
In any event, other than in respect of a breach of our intellectual property rights, your maximum liability to us in connection with your use of the App or the Service or from your breach of these User Terms is limited to NZ$10.

f. User security of account + password

You must:

treat your log-in ID (username and password) as confidential and not reveal it to anyone else or allow any unauthorised person to use your log-in ID
notify us if you become aware that any unauthorised person has become aware of your log-in ID.

Unless you have notified us that there is a risk of unauthorised use of your log-in ID, we will treat any activities that occur using that log-in ID as being authorised activities carried out by you or on your behalf.

g. Comply with user instructions

You must comply with our user instructions.
We may update our user instructions and will notify you when we do so.

10. Permitted use: lawful/proper/reasonable

You may only use the App and the Service in New Zealand and for lawful purposes.
You must not:

copy, modify, translate or otherwise create derivative works from any part of, or reverse engineer any part of the App or attempt to do so or assist anyone else to do so
copy any part of the App except as permitted by these User Terms and to the extent that copying occurs automatically in the normal course of you accessing the App and the Service
interfere with, or disrupt the provision of the Service or its use by anyone else
use the App to store or transmit any malicious code or harmful programs designed to adversely affect the operation of any computer software, hardware or network
attempt to gain unauthorised access to the App, the server on which MHB is stored or any server, computer or database connected to MHB
create links to the MHB website from any other website without our written consent.

11. Intellectual property

HBO owned

We own, or otherwise hold the right to use, all intellectual property rights in respect of:

the App (including text, graphics, software, images, sound), and
our logo

User licence to HBO to use User data

You authorise us to use your name, contact details and the details of the goods you wish to purchase from a vendor for the purposes of providing the Service. This includes providing details of the transaction to the payment provider accessed through the App to facilitate the purchase, sending details of the purchase to the vendor and sending to you a receipt for the purchase.

12. Embedded third party material/external links

a. Own terms

We may reference, or provide access, (including by way of a link on the App) third-party services (including payment providers), goods, and promotions that utilise, integrate, or provide ancillary services to the Service (Third-Party Service). These Third-Party Services are provided for your convenience only and we do not approve, endorse, or recommend any such Third-Party Service. You access and use any Third-Party Service based on your own evaluation and at your own risk.
Your use of a Third-Party Service is:

subject to that third-party's own terms of use and privacy policies, and
not governed by these User Terms.

b. No liability

We have no responsibility to you for your use of any Third-Party Service. Where a Third-Party Service is provided through a payment provider, those payment providers are:

solely responsible to you for those payment services (including when you may receive payment and any fees charged to you in connection with that payment), and
not our agents.

We have no obligation to provide any maintenance or support services to you in connection with any Third-Party Service.

c. POLI™

If you choose to make a payment using POLi™, your downloading, installation and use of any POLi™ Software, and your use of any POLi™ Service, are subject to any POLi™ Terms and Conditions.
By downloading any POLi™ Software or using any POLi™ Service, you agree to be bound by any POLi™ Terms and Conditions.
You authorise us to communicate any data required to facilitate a payment to you using POLi™.

d. Stripe

If you choose to make a payment using Stripe, any Stripe software you may need to download, install and use and your use of the Stripe payment service, will be subject any Stripe terms and conditions.
By downloading any such software or using the Stripe payment service, you agree to be bound by any Stripe terms and conditions.
You authorise us to perform the platform services required by Stripe, and otherwise communicate any data, required to facilitate payment to you by the vendor using Stripe.

13. Fees

We do not charge a fee for your use of MHB and our provision of the Service.
Your use of a Third-Party Service may involve your payment of a fee to the provider of that Third-Party Service.

14. General

No User transfer / HBO transfer: You may not transfer your rights or obligations under this licence.
We may transfer any of our rights or obligations in connection with MHB and these User Terms to a third party (where we have reasonably determined that the third party has the ability to discharge all of the obligations being transferred).
Subcontractors: We may use subcontractors to perform our obligations under these User Terms (and, if we do so, we remain liable for their performance in accordance with these User Terms as if we performed those obligations).
Severability: If any term in these User Terms is declared to be invalid, unenforceable or illegal, all the other terms will remain in full force apart from that term which will be deemed to be deleted.
Waiver: No waiver by either you or us of rights under these User Terms is effective unless it is in writing.
NZ law + courts: These User Terms are subject to New Zealand law and any dispute between the parties about the App, the Service or these User Terms will be resolved by New Zealand courts.
Additional features will have own terms: If we offer additional features, we may also specify additional terms to apply to those features. We will make those additional terms available with those additional features and, if you use those additional features, those additional terms will apply to your use.
Notices/communications: If you want to contact us (to ask questions, make a complaint, make a claim about the App, the Service, or otherwise) please do so using the following details:
Honesty Box Online Limited:
Email: info@zebracrossing.co.nz
Telephone: +64 6 752 7748
Address: PO Box 48, Oakura 4345

15. If a business, Consumer Guarantees Act 1993 can be excluded

You acknowledge that, if you are using the App and the Service for the purposes of a business the Consumer Guarantees Act 1993 does not apply.

16. Privacy Policy

This Privacy Policy explains how we collect, store, use and share your data, in the context of the App and our providing the Service to you.

a. What data HBO collects (directly/indirectly)

In the course of providing the Service to you, we collect the following personal information:

your name, email address, and password used to access the Service
if you choose to make a payment using Stripe, such of your card details (which may be held in a token stored in the App on your device) as are necessary to make payments (but we do not store those details, nor do we transmit those details to our servers).

b. What data does HBO not collect

If you choose to make a payment using POLi™, we do not collect your Internet Banking login information (POLi™ undertakes that role), we do not store those details, and we do not transmit those details to our servers.

c. What HBO does with data

We use such of your personal information that we hold to provide to you the Service. This means that we disclose to the payment provider that you choose (POLi™ or Stripe) such of your personal information as that payment provider needs to facilitate your payment for the vendor's goods or services that you choose to purchase.
We also use that personal information to:

(on an anonymised basis) carry out market research
(on an anonymised basis) improve our customer service, including online services
comply with New Zealand law
manage our relationship with you and exercise and enforce our rights.

d. HBO disclosure of data

Other than:

for the uses described above
to disclose your personal information in ways permitted by the Privacy Act 1993,

we do not disclose your data to any person.

e. HBO protection of data: storage/security/transfer

We treat such of your personal information that we hold as confidential to you.
We will take reasonable steps to ensure the security of your personal information.
We hold that personal information on servers in Australia. This means that we transfer your personal information to Australia. The servers holding that personal information are kept in a controlled environment. Our means of transfer of that personal information, and its storage are designed to protect the security of that personal information (from loss, misuse, unauthorised access and changes).

f. Analytics

When you use the App, we may gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, referring/exit pages, operating system, date/time stamp and clickstream data.
If you register for the Service through our website, we may gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, referring/exit pages, operating system, date/time stamp and clickstream data.
We may use non-personalized statistics about the use of the App to monitor site traffic, to analyse trends, to gather demographic information about our user base as a whole, to improve the App and the Service. These statistics do not comprise personal information.

g. Cookies

If you register for the Service through our website, some pages on the website use 'cookies', which are small files that the site places on your hard drive for identification purposes. These files are used for site registration and customisation so the next time you use the App we can recall your previous selections. Cookies cannot read data on your hard drive.
Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on the site.

17. iTunes required terms

If you have downloaded an App from the Apple App Store, the following additional terms in this clause 17 apply
You acknowledge that:

these User Terms are solely between you and us, and not with Apple
we (and not Apple) are solely responsible for the App and its content (subject to these User Terms)
Apple has no obligation to furnish any maintenance or support services to you in connection with the App
we are solely responsible for providing any maintenance and support services with respect to the App
if there is any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You may only use the App on Apple branded products that you own or control and as permitted by the Usage Rules set out in the App Store Terms of Service (except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing).
With respect to warranties about the App:

we are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed
if there is any failure of the App to conform to any warranty that might be contained or implied into these User Terms, you may notify Apple, and Apple will refund the purchase price (if any) for the 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 App
if you, or any third party have any claims, relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, then we (and not Apple) are responsible for addressing such claims.

You represent and warrant that:

you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country, and
you are not listed on any United States Government list of prohibited or restricted parties.

You must comply with applicable third party terms of agreement when using the App (for example, you must not violate your wireless data service agreement when using the App).
We and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these User Terms, and that, upon your acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these User Terms against you as a third party beneficiary thereof.
All other terms and conditions of these User Terms apply to your use of the App.

Terms for Users in Australia, Canada, United States of America, and Rest of the World

1. Date of User Terms

These User Terms were last updated on 6 September 2018. These User Terms set out the terms of your access to, and use of, the App and the Service. The Service means the My Honesty Box service described below.

2. Parties

The My Honesty Box mobile app (the App) and the Service is made available, and operated, by My Honesty Box Limited (we, us, our) in Australia, Canada, United States of America, and the Rest of the World under licence from the licensor of the App.

In these User Terms, you and your mean the person that is registered to use the Service.

3. Bound by User Terms

Your registration to use, and/or your use of, the App and, through the App, the Service constitutes your confirmation that you are authorised to, and do, accept and agree to be bound by these User Terms.

These User Terms form a legally binding contract between you and us.

Subject to applicable, law, these User Terms record the entire agreement relating to your use of the App and the Service.

4. Service Description

We provide a Web application (MHB) to vendors of goods and services (Vendors) and the App to prospective purchasers of goods and services like you (Customers) that together comprise a platform for creating online stores, that:

identify the Vendor’s goods and services for sale using MHB, and
facilitate the Customer’s payment for those goods and services using the App.

5. Licence to use

We grant to you a non-exclusive, non-transferable right to use the App and the Service solely to the extent set out in these User Terms. Other than expressly set out in these User Terms, we (and our licensors) are not granting to you any intellectual property rights or any licence to use such rights. We warrant to you that we have the right to grant to you the right to use the App and the Service solely to the extent set out in these User Terms.

6. Access to Service

Your access to the Service is through the App. You need to download the App to your device.

You are responsible for providing and paying for a secure internet or wireless access and for ensuring that your device meets all the necessary technical specifications to enable your access to, and use of, the App and the Service.

7. Changes

We may change these User Terms, the App or the Service from time to time.

If we change these User Terms, the App or the Service, we will notify you upon your first use of the App or the Service following that change.

If you continue to use the App or the Service after that notice, that will constitute your acceptance of the latest version of these User Terms.

8. Cancellation: HBO / User

We may cease providing the Service to you at any time. We will notify you as soon as reasonably practicable of our decision to cease providing the Service to you. No compensation is payable to you if we cease providing the Service to you for any reason.

You may cease using the App or the Service at any time.

If we consider that:

you have not complied with these User Terms;
your log-in ID has been disclosed to an unauthorised person; or
there is a risk to the security or integrity of the Service,

we may, without limiting our other rights and remedies, disable your log-in ID.

If you breach any of these User Terms, your rights under these User Terms are automatically terminated. Termination of these User Terms for any reason does not affect the accrued rights and remedies of either party.

9. Risk/Responsibility

a. As is

We provide the App and the Service to you as is.

b. As available

We provide the Service to you as, and when, it is available. We do not make any commitment to you that the Service will be available for your use at any time or even from time to time.

c. User risk

Your use of the App and the Service is solely at your risk. You (and not us) are solely responsible for all contracts to purchase goods or services from a Vendor, and any issues with those goods or services.

d. No warranties

Subject to any warranties, guarantees or representations implied by applicable law, or that otherwise may apply, that cannot lawfully be excluded or disclaimed, then to the maximum extent permitted by applicable law, all warranties, guarantees and/or representations implied by applicable law are excluded and/or disclaimed, and we do not warrant that:

the App or the Service will meet your specific requirements (regardless of whether you tell us of those specific requirements)
the App or the Service will be uninterrupted, timely, secure or error free, accurate or reliable
any errors in the App or the Service will be corrected
any goods or services that you purchase using the App will meet your requirements.

e. Consumer protection

Nothing in these User Terms affects any of your rights under applicable consumer protection legislation.

f. Limited liability: not consequential/indirect loss + cap

We and our licensors will not be liable to you for any indirect or consequential loss or damage you may incur in connection with your use of the App or the Service or from our breach of these User Terms.

In any event, our and our licensors’ maximum liability to you in connection with your use of the App or the Service or from our breach of these User Terms is limited to NZ$10.

You

You will not be liable to us for any indirect or consequential loss we may incur in connection with your use of the App or the Service or from your breach of these User Terms.

In any event, other than in respect of a breach of our intellectual property rights or mis-use of our confidential information, your maximum liability to us in connection with your use of the App or the Service or from your breach of these User Terms is limited to NZ$10.

g. User security of account + password

You must:

treat your log-in ID (username and password) as confidential and not reveal it to anyone else or allow any unauthorised person to use your log-in ID, and
promptly notify us if you become aware that any unauthorised person has become aware of your log-in ID.

h. Comply with user instructions

You must comply with our user instructions.

We may update our user instructions from time to time and will notify you when we do so.

i. Indemnity

You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our lawyers) and loss of any kind arising from any actual or alleged claim by a third party that any data you submit to or is processed by the App or the Service infringes the rights of that third party or that your data is objectionable, incorrect or misleading.

10. Permitted use: lawful /proper/reasonable

You may only use the App and the Service in, and for lawful purposes in, Australia, Canada, United States of America, and the Rest of the World. You must not use the App and the Service in connection with any transaction involving firearms, illegal drugs, sexual services, pornography, anything offensive (such as defamatory, objectionable material), tobacco, stolen property, unsafe items or other property, breach of intellectual property rights/ anything that is not lawful, or is illegal, in any jurisdiction (including any state, province, territory) that you are intending to buy goods or services from, and/or to.

You must not:

copy, modify, translate or otherwise create derivative works from any part of, or reverse engineer any part of the App or Service or attempt to do so or assist anyone else to do so
copy any part of the App or the Service except as permitted by these User Terms and to the extent that copying occurs automatically in the normal course of you accessing the App and the Service
interfere with, or disrupt the provision of the App or the Service or their use by anyone else
use the App or the Service to store or transmit any malicious code or harmful programs designed to adversely affect the operation of any computer software, hardware or network
attempt to gain unauthorised access to the App, the Service, the server on which MHB is stored or any server, computer or database connected to MHB.

11. Intellectual property

a. Owned by us

We own, or otherwise hold the right to use and make available, all intellectual property rights in respect of:

the App (including text, graphics, software, images, sound),
the Service, and
our logo

b. User licence to us to use your data

You authorise us to use your name, contact details and the details of the goods you wish to purchase from a Vendor for the purposes of providing the Service. This includes providing details of the transaction to the payment provider accessed through the App to facilitate the purchase, sending details of the purchase to the Vendor and sending to you a receipt for the purchase.

12. Embedded third party material/external links

a. Own terms

We may reference, or provide access to, (including by way of a link on the App) third-party services (including payment providers), goods, and promotions that utilise, integrate with, or provide ancillary services to the Service (Third-Party Service). Third-Party Services are provided for your convenience only and we and our licensors do not approve, endorse, or recommend any such Third-Party Service. You access and use any Third-Party Service based on your own evaluation and at your own risk.

Your use of a Third-Party Service is:

subject to that third-party’s own terms of use and privacy policies, and
not governed by these User Terms.

b. No liability

We and our licensors have no responsibility to you for your use of any Third-Party Service. Where a Third-Party Service is provided through a payment provider, those payment providers are:

solely responsible to you for those payment services (including when you may receive payment and any fees charged to you in connection with that payment), and
not our or our licensors’ agents.

We have no obligation to provide any maintenance or support services to you in connection with any Third-Party Service.

c. Stripe

By downloading any such software or using the Stripe payment service, you agree to be bound by any Stripe terms and conditions.

You authorise us to perform the platform services required by Stripe, and otherwise communicate any data, required to facilitate payment to you by the vendor using Stripe.

13. Fees

We do not charge a fee for your use of the App or our provision of the Service.

Your use of a Third-Party Service may involve your payment of a fee to the provider of that Third-Party Service.

14. General

a. No User transfer / HBO transfer

You may not transfer your rights or obligations under these User Terms.

We may transfer any of our rights or obligations in connection with the App, the Service, MHB and/or these User Terms to a third party (where we have reasonably determined that the third party has the ability to discharge all of the obligations being transferred).

b. Subcontractors

We may use subcontractors to perform our obligations under these User Terms, and, if we do so, we remain liable for their performance in accordance with these User Terms as if we performed those obligations.

c. Severability

If any term in these User Terms is declared to be invalid, unenforceable or illegal, all the other terms will remain in full force apart from that term which will be deemed to be deleted.

d. Waiver

No waiver by either you or us of rights under these User Terms is effective unless it is in writing.

e. New Zealand law + courts

To the maximum extent permitted by any applicable law, these User Terms are subject to New Zealand law and any dispute between the parties about the App, the Service, MHB or these User Terms will be resolved by the New Zealand courts on a non-exclusive basis.

f. Additional features will have own terms

If we offer additional features, we may also specify additional terms to apply to those features. We will make those additional terms available with those additional features and, if you use those additional features, those additional terms will apply to your use.

g. Notices/communications

If you want to contact us (to ask questions, make a complaint, make a claim about the App, the Service, or otherwise) please do so using the following details:

My Honesty Box Limited:
Email: info@zebracrossing.co.nz
Telephone: +64 6 752 7748
Address: PO Box 48, Oakura 4345, New Zealand

h. Force Majeure

We are not liable for breach of these User Terms to the extent caused by events or circumstances beyond our reasonable control.

i. Confidentiality

You must:

keep our confidential information confidential at all times;
effect and maintain adequate security measures to safeguard our confidential information from unauthorised access or use; and
disclose our confidential information to your personnel or professional advisors on a need to know basis only and, in that case, ensure that any personnel or professional advisor to whom you disclose our confidential information is aware of, and complies with, this clause.

Our confidential information includes any information that is not public knowledge and that is obtained from us in the course of, or in connection with, the provision and use of the Service. Our confidential information includes intellectual property owned by us (or our licensors).

15. Privacy Policy

This Privacy Policy explains how we collect, store, use and share your data, in the context of the App and our providing the Service to you.

a. What data we collect

In the course of providing the Service to you, we collect the following personal information:

your name, email address, and password used to access the Service
if you choose to make a payment using Stripe, such of your card details (which may be held in a token stored in the App on your device) as are necessary to make payments (but we do not store those details, nor do we transmit those details to our servers).

b. What we do with your personal information

We use such of your personal information that we hold to provide the Service to you. This means that we disclose to the payment provider that you choose (Stripe) such of your personal information as that payment provider needs to facilitate your payment for the Vendor’s goods or services that you choose to purchase.

We also use that personal information to:

(on an anonymised basis) carry out market research
(on an anonymised basis) improve the Service
comply with any applicable law
manage our relationship with you and exercise and enforce our rights.

c. Our disclosure of personal information

Other than:

for the uses described above, or
to disclose your personal information in ways permitted by the Privacy Act 1993 (New Zealand),

we do not disclose your personal information to any person.

d. Rights of access and correction

Under applicable privacy laws, you may have the right to access and request correction of your personal information we hold.

e. Our protection of data: storage/security/transfer

We treat such of your personal information that we hold as confidential to you.

We will take reasonable steps to ensure the security of your personal information.

We hold that personal information on servers in Australia. This means that we transfer your personal information to Australia. The servers holding that personal information are kept in a controlled environment. Our means of transfer of that personal information, and its storage are designed to protect the security of that personal information (from loss, misuse, unauthorised access and changes).

f. Analytics

If you register for the Service through our website, we may gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, referring/exit pages, operating system, date/time stamp and clickstream data.

We may use non-personalized statistics about the use of the App to monitor site traffic, to analyse trends, to gather demographic information about our user base as a whole, to improve the App and the Service. These statistics do not comprise personal information.

g. Cookies

The App uses 'cookies', which are small files that the site places on your hard drive for identification purposes. These files are used for site registration and customisation so the next time you use the App we can recall your previous selections. Cookies cannot read data on your hard drive.

Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on the site.

16. iTunes required terms

If you have downloaded the App from the Apple, Inc. (Apple) App Store, the following additional terms in this clause apply

You acknowledge that:

these User Terms are solely between you and us, and not with Apple
we (and not Apple) are solely responsible for the App and its content (subject to these User Terms)
Apple has no obligation to furnish any maintenance or support services to you in connection with the App
we are solely responsible for providing any maintenance and support services with respect to the App
if there is any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

With respect to warranties about the App:

we are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed
if there is any failure of the App to conform to any warranty that might be contained or implied into these User Terms, you may notify Apple, and Apple will refund the purchase price (if any) for the 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 App
if you, or any third party have any claims, relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, then we (and not Apple) are responsible for addressing such claims.

You represent and warrant that:

you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country, and
you are not listed on any United States Government list of prohibited or restricted parties.

You must comply with applicable third party terms of agreement when using the App (for example, you must not violate your wireless data service agreement when using the App).

We and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these User Terms, and that, upon your acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these User Terms against you as a third party beneficiary thereof.

All other terms and conditions of these User Terms apply to your use of the App.

Terms and Conditions

Terms for Users in New Zealand

Date of User Terms

Parties

Bound by User Terms

Service Description

Licence to use

Access to Service

Changes

Cancellation: HBO / User

Risk/Responsibility

As is

As available

User risk

No warranties

Limited liability: not consequential/indirect loss + cap

Us

You

User security of account + password

Comply with user instructions

Permitted use: lawful/proper/reasonable

Intellectual property

HBO owned

User licence to HBO to use User data

Embedded third party material/external links

Own terms

No liability

POLI™

Stripe

Fees

General

No User transfer / HBO transfer

Subcontractors

Severability

Waiver

NZ law + courts

Additional features will have own terms

Notices/communications

If a business, Consumer Guarantees Act 1993 can be excluded

Privacy Policy

What data HBO collects (directly/indirectly)

What data does HBO not collect

What HBO does with data

HBO disclosure of data

HBO protection of data: storage/security/transfer

Analytics

Cookies

iTunes required terms

Terms for Users in Australia, Canada, United States of America, and Rest of the World

Date of User Terms

Parties

Bound by User Terms

Service Description

Licence to use

Access to Service

Changes

Cancellation: HBO / User

Risk/Responsibility

As is

As available

User risk

No warranties

Consumer protection

Limited liability: not consequential/indirect loss + cap

User security of account + password

Comply with user instructions

Indemnity

Permitted use: lawful /proper/reasonable

Intellectual property

Owned by us

User licence to us to use your data

Embedded third party material/external links

Own terms

No liability

Stripe

Fees

General

No User transfer / HBO transfer

Subcontractors

Severability