WEBSITE TERMS OF USE

APPLICATION OF TERMS

1.1 These Terms apply to your use of the Website, and incorporate, and must be read in conjunction with, the Privacy Policy. By accessing and using the Website:
a you agree to these Terms; and
b where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

2 CHANGES

2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated on 08 August 2019.

3 DEFINITIONS

In these Terms:
Confidential Information means these Terms and any information that is not public knowledge and that is obtained from or about the other party in the course of, or in connection with, the Agreement. Our Confidential Information includes Intellectual Property owned by us (and our licensors), including the Services. Your Confidential Information includes any of the data you input into the Service.
including and similar words do not imply any limit
Intellectual Property Rights includes copyright (including future copyright) and all worldwide rights conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
Services means the provision of our artificial intelligence based, online, private tutor.
Terms means these terms and conditions titled Website Terms of Use
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us or our means Jaipuna Ltd.
Website means www.amy.app
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

4 DEMO VERSION

4.1 Demo Version: We offer a limited, non-exclusive demonstration licence of our Services (Demo Version). If you choose to access the Demo then these Terms apply to your access and use of the Services, except as varied in this clause Error! Reference source not found..
4.2 No fees: No Fees are payable for your use of the Demo Version. Fees may be payable if you choose to access and use the Services on a full licence basis.
4.3 Beta version: The Demo Version is provided to you as a beta version. You acknowledge that the Demo Version may contain bugs, errors and features that are still under development.
4.4 Evaluation: In consideration for the right to use the Demo Version, you agree to evaluate the Demo Version and inform us of that evaluation, in such format and with such frequency as we reasonably request, including all problems, issues and ideas for improvement of which you become aware (Evaluation).
4.5 Exclusion of warranties:
a The Demo Version is provided to you solely on an as is basis, and to enable you to determine if the Service meets your requirements. Without limiting the first part of this sentence, to the maximum extent permitted by law:
i all conditions, guarantees or warranties whether expressed or implied by statute or otherwise are expressly excluded in relation to the Demo Version; and
ii we will have no liability to you or any other person under or in connection with these Terms or relating to the Demo Version, whether in contract, tort (including negligence), breach of statutory duty or otherwise.
4.6 Access conditions: When accessing and using the Demo Version of the Service, you must:
a not use the Service in a manner, nor transmit, input or store, any data, that breaches any third-party right (including Intellectual Property Rights and privacy rights) or is objectionable, incorrect or misleading;
b not attempt to undermine the security or integrity of the Service or (if applicable) the Underlying Systems;
c not use, or misuse, the Service in any way which may impair the functionality of the Service or (if applicable) the Underlying Systems, or impair the ability of any other user to use the Service;
d access the Service via standard web browsers only and not by any other method (including scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method); and
e not attempt to view, access or copy any material, data or information other than that to which you are authorised to access.

5 YOUR OBLIGATIONS

5.1 General: You must:
a use the Website and Service in accordance with these Terms and solely for:
i your internal purposes; and
ii lawful purposes;
b not resell, resupply, or otherwise commercially exploit the Service;
c not transfer, assign, or otherwise deal with or grant a security interest in the Service, or your rights under these Terms;
d not copy, modify or adapt any part of the Service, except in the ordinary course of operation to use the Service for its intended purpose; and
e not decompile or reverse-engineer the Service or any Underlying Systems except to the extent expressly permitted by any law or treaty in force that cannot be excluded, restricted or modified by these Terms.
5.2 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
5.3 If you are given a User ID, you must keep your User ID secure and:
a not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to help@jaipuna.com.
5.4 You must: a not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and b unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
5.5 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to help@jaipuna.com.
5.6 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

6 INTELLECTUAL PROPERTY

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

7 DISCLAIMERS

7.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a the Website being unavailable (in whole or in part) or performing slowly;
b any error in, or omission from, any information made available through the Website;
c any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
7.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

8 LIABILITY

8.1 To the maximum extent permitted by law:
a you access and use the Website at your own risk; and
b we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
8.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
8.3 To the maximum extent permitted by law and only to the extent clauses 8.1 and 8.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.

9 PRIVACY POLICY

9.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
9.2 When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.
9.3 The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
9.4 We may also collect technical information whenever you log on to, or visit the public version of, our Website. This may include information about the way users arrive at, browse through and interact with our Website. We may collect this type of technical information through the use of cookies and other means. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser. However, if you do so, you may not be able to use all of the functions on the Website. We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs. We may also use this information to assist in making any advertising we display on the Website more personalised and applicable to your interests.
9.5 Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
a to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
b in relation to the proposed purchase or acquisition of our business or assets; or c where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
9.6 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
9.7 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at help@jaipuna.com.

10 SUSPENSION AND TERMINATION

10.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
10.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

11 GENERAL

11.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
11.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
11.3 For us to waive a right under these Terms, the waiver must be in writing.
11.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 5.6, 6, 7, 8, 11.1, continue in force.
11.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
11.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.