Village App Term and Conditions

Terms of UseTerms and conditions

Last updated: August 2020

Acknowledgement and acceptance of Terms of Use

The Village application (App) is owned and operated by [Starship Foundation] (Starship). The content and services provided on the App are subject to the following terms and conditions, our Privacy Policy and any other terms and conditions and policies which we may notify you of relating to certain aspects of the App (together, Terms of Use).  In these terms and conditions any reference to 'we', 'us' and 'our' is a reference to Starship. Any reference to 'you' or 'your' is a reference to the person accessing the App.

By accessing and using the App you agree to be bound by the Terms of Use.  If you do not accept these terms and conditions or any other part of the Terms of Use, then you may not access or use the App. From time to time, Starship may change the content or functions of the App and/or the Terms of Use without prior notice to you.  While we will endeavour to provide you with advance notice of any material changes via email or notification in the App, you should check these terms and conditions from time to time to review the current Terms of Use.

Medical Disclaimer

The App is intended to enable users to find and offer support within their Village and to help young people to take control of their mental health.  The App is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  If you are experiencing suicidal thoughts or other symptoms of depression or any other mental health condition, a medical professional should be consulted.

Rights to use the App

The App is intended for personal and non-commercial use only and should not be used for any other purpose.  This includes unauthorised adaptation, reproduction, publication or transmission of the App for any commercial or public purposes.

You agree to only use the App in a manner that complies with all applicable law and is consistent with the Terms of Use and does not infringe the rights of anyone else nor restrict or inhibit their use or enjoyment of the App.  We reserve the right in our sole discretion to deny any user access to the App without prior notice.

By using the App, you represent, acknowledge and agree that you are at least 16 years of age, or if you are under 16 years of age but are at least 13 years of age (a Minor), you are using the App with the consent of your parent or legal guardian and they agree to the Terms of Use.  If you are the parent or legal guardian agreeing to the Terms of Use on behalf of a Minor, you are fully responsible for that Minor's use of the App.  If you are under 13 years old, you may not use the App.

Starship provides you a limited, personal, nonexclusive, non-transferrable, revocable licence to use the App in accordance with the Terms of Use.  If you breach any of the Terms of Use, Starship may immediately terminate the license.

Prohibited Uses

You must not (and you must not permit, assist, encourage or enable anyone to) use the App to:  

  • breach he Terms of Use; 

  • probe, scan, or test the vulnerability of any system or network; 

  • send unsolicited communications, promotions or advertisements, or spam; 

  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”; 

  • access the App by any means other than our publicly supported interfaces; 

  • remove or modify any copyright, trade mark or other proprietary rights notice that appears on or in the App or on any materials available through the App; 

  • access or view information about other users of App without authorization; 

  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the App; 

  • attempt to gain unauthorized access to any user accounts, computer systems or networks through hacking, password mining or any other means; 

  • plant malware or otherwise use the App to distribute malware, computer viruses, spyware, worms, defects, Trojan horses or other items of a destructive nature; 

  • use any device, software or routine that interferes with the proper working of the App, or otherwise attempt to interfere with the proper working of the App; 

  • remove, circumvent, disable, damage or otherwise interfere with any security-related features of the App, or features that enforce limitations on the use of the App; 

  • access the App using another person’s user account; 

  • promote or advertise products or services; 

  • impersonate another person or business, or misrepresent your affiliation with any person or entity; 

  • threaten, stalk, harm, bully, or harass others, or promote or propagate bigotry or discrimination; or violate applicable law in any way, or violate the privacy of others, or defame others.

Passwords

Where we have given you a password or other login credentials (such as a username or PIN) (Credentials) or where you have created Credentials which enable you to use the App, you are responsible for keeping your Credentials confidential and secure.  You agree not to share your Credentials, or let others access or use your account or your Credentials.  

All information that you provide when registering to use the App and otherwise provided through the App must be accurate, complete and up to date.  You may change, correct or remove any information from your account by logging into your account and making the desired changes or by contacting us at https://www.starship.org.nz/foundation/contact-the-starship-foundation 

Apps

The following terms apply to an instance of the App Starship provides to you that is designed for use on an Apple iOS-powered mobile device (an iOS App):

  • You acknowledge that these Terms are between you and Starship only, and not with Apple, Inc. (Apple).

  • Your use of the iOS App must comply with Apple’s then-current App Store Terms of Service.

  • Starship, and not Apple, is solely responsible for the iOS App and the services and content available thereon.  You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App.  To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.

  • You agree that Starship, and not Apple, is responsible for addressing any claims by you or any third-party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms of Use and any law applicable to Starship as provider of the iOS App.

  • You agree that Starship, and not Apple, shall be responsible, to the extent required by these Terms of Use, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.

  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  • You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

  • You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms of Use as they relate to your license of the iOS App.  Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

The following terms apply with respect to an instance of the App Starship provides to you that is designed for use on an Android-powered mobile device (an Android App):

  • You acknowledge that these Terms of Use are between you and Starship only, and not with Google, Inc. (Google). 

  • Your use of the Android App must comply with Google’s then-current Android Market Terms of Service.

  • Google is only a provider of the Android Market where you obtained the Android App.  Starship, and not Google, is solely responsible for the Android App and the services and content available thereon.  Google has no obligation or liability to you with respect to the Android App or these Terms of Use.

  • You acknowledge and agree that Google is a third-party beneficiary to the Terms of Use as they relate to the Android App.]

Intellectual Property

You acknowledge and agree that all information and content provided via the App, such as trade names, trade marks, branding, service marks, text, logos, graphics, images and icons, as well as compilations and arrangements thereof, software and any other works or materials are the property of Starship or its licensors and are protected by copyright, trade mark, patent or other proprietary rights.  You are expressly prohibited from copying, modifying, editing, reproducing, creating an adaptation of, issuing copies to the public of, reverse engineering, altering, enhancing or exploiting the App or any part thereof in any manner.  The foregoing does not apply in respect of content you or other users upload or share using the App.  You grant Starship a perpetual, irrevocable, non-exclusive, sublicensable licence to use any content you upload or share via or using the App for the purposes of providing and improving the App.

Liability

To the fullest extent possible, neither Starship nor its directors, nor any other person, accepts liability or responsibility for any loss, damage, cost or expense (including but not limited to financial loss, indirect or consequential losses) arising in contract, tort (including negligence) or otherwise, that may result from your use of the App.

To the fullest legal extent possible, we exclude every warranty and condition of any kind that may otherwise apply in relation to the App, its content and functions. 

If you are a 'consumer' for the purposes of the Consumer Guarantees Act 1993, your use of the App will be subject to certain laws including, without limitation, the Consumer Guarantees Act 1993.  The Consumer Guarantees Act 1993 provides you with certain rights and remedies that cannot be excluded (Non-excludable Guarantees).  Nothing in the Terms of Use will be read or applied so as to exclude restrict, modify, any Non-excludable Guarantees, however, to the extent permitted by law, our liability is limited to the statutory remedies (if any) available for breach or failure to comply with the Non-excludable Guarantees.

To the extent permitted by law and subject to the above paragraph in respect of Non-excludable Guarantees, should any liability in relation to these Terms of Use (or in relation to your use of the App) be imposed on Starship for any reason, our total liability to you is limited to $100. 

Third-party links

From time to time the App may contain links to websites.  These links are provided for convenience only, and do not represent any endorsement by Starship of the products or services offered by the site owner.  Starship makes no representations and accepts no responsibility or liability in relation to the contents of any website linked to the App that is not under the direct control of Starship.

Changes to Content

You may not do anything or permit anything to be done which may alter the App, or interfere with or affect its operation.  This includes, without limitation, removing any information from the App, adding any information to the App, linking it to or from a website or distributing any part of the App to any other person for a commercial purpose.   Any website or app providers wishing to link to this App may formally request to do so by emailing us here https://www.starship.org.nz/foundation/contact-the-starship-foundation

Viruses and security

Although all reasonable care has been taken to prevent the introduction of viruses and other destructive materials on to the App, we do not guarantee that the App is free from such destructive features.  Starship accepts no responsibility or liability in relation to any harm attributable to such destructive features.

You must not misuse the App by knowingly introducing viruses, trojans, worms or other malicious or harmful materials.  You must not attempt to gain unauthorised access to the App or any server, computer or database connected to the App.    

App access

Starship does not guarantee availability of the App and access to the App may be interrupted, restricted or delayed from time to time.  Starship accepts no responsibility or liability in relation to any loss suffered in these circumstances.

Termination

We may terminate your access to the App (including by deleting your account) at any time for any reason.  You may cease using the App at any time.

Sharing our App

Hyperlinks to the App may be shared for non-commercial purposes.  Hyperlinking for any other purpose is not permitted without Starship's prior written consent.  If at any time Starship requests that you remove hyperlinks you have created to the App, you will do so immediately.

Privacy Policy

By continuing to access and use the App, you acknowledge and agree to the terms of our Privacy Policy, located here.  

Assignment

Starship is entitled to transfer or assign any of its rights or obligations under this Agreement.  You are not entitled to transfer or assign any rights or obligations under this Agreement.

Survival

The intellectual property, liability, indemnity and any other terms which, by their nature, survive termination, shall survive termination of this Agreement.

Severability

If any term in the Terms of Use is found to be illegal or unenforceable under the applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other provisions will be affected.  Starship's failure to exercise or enforce any right available to us shall not constitute a waiver of that right.

Entire Agreement

The Terms of Use constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.

Governing Law

The Terms of Use are governed by the laws of New Zealand, and each party irrevocable and unconditionally submits to the non-exclusive jurisdiction of the courts of New Zealand.

Contact us

If you have any questions about the Terms of Use or would like to make any comments or complaints about the App, please contact us at: https://www.starship.org.nz/foundation/contact-the-starship-foundation