PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING THE REACH TEAM APP. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU OR YOUR COMPANY/ORGANISATION AND REACH.
Registration and user conduct. Once installed on your device, in order to access and use the Service, you must enter your distributor code (“Login Credentials”) provided separately to you by REACH. You are solely responsible for maintaining the confidentiality of your login credentials and you accept responsibility for all activities that occur under your login or from your device.
Scope. The App and the Service is licensed, subject to the Terms, for your personal, non-commercial use in connection with a contract (the “Distributor Contract”) for the provision of letterbox distribution services (the “Letterbox Services”) on behalf of REACH. The Terms are applicable to anyone who downloads the App or uses the Service. Except as expressly provided in the Terms, REACH does not grant any user rights whatsoever if the App was obtained from anyone other than REACH, and REACH reserves the right to take legal action against you and anyone else using or selling the App or the Service without a license. The Terms will govern any upgrades provided by REACH that replace and/or supplement the original product, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will govern.
User Rights and Restrictions. REACH grants you a non-transferable license to download, install and use the App and the Service on any mobile phone or portable device that you own or control until terminated in accordance with the provisions of the Terms. This license is granted strictly for purposes connected with the Distributor Contract. If you allow any person to access, operate and use the App or the Service in connection with the Letterbox Services, you must ensure that such person complies with the Terms and if between the ages of 11 and 16, complies with all employment laws applicable to young workers. (Further details on applicable employment laws in New Zealand can be found HERE. The App and the Service are not intended for users under the age of 11.
All Rights Reserved. Except for the limited licence rights expressly granted in the Terms, REACH reserves all of its rights, and the rights of its licensors (including all intellectual property rights) in and to the App and the Service and all data, information, applications, materials or Content accessed or generated by you in connection with your use of the App and the Service. You acknowledge that no intellectual property rights are granted to you, other than the usage rights that are expressly described in the Terms.
General Restrictions. You agree not to: (a) decompile, disassemble, reverse engineer or otherwise attempt to discern the source code of the App; (b) alter, modify, enhance or create any derivative works based on the App or any Content; (c) use, copy, sell, sublicense, lease, rent, loan, assign, convey or otherwise transfer the App; (d) copy any features, functions or graphics of the App; (e) permit any third party to use or access the App except as permitted in the Terms; (f) disclose any passwords or enable or activate, or cause, permit or allow others to enable or activate any Login Credentials reserved for use by you; (g) permit or encourage any third party to do any of the acts described in paragraphs (a) to (g) above; or (h) act in a manner that is otherwise inconsistent with the intellectual property rights of REACH.
Warranty Disclaimer. You expressly acknowledge and agree that use of the App is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Except as required by applicable law, the App and the Service is provided “as is” and REACH does not make any express representations or warranties that the App or the Service will operate uninterrupted or error free. To the maximum extent permitted by applicable law, REACH disclaims all warranties implied or statutory, including but not limited to any warranties of merchantability, fitness for a particular purpose and non-infringement.
Indemnity. You will indemnify, defend, and hold harmless REACH, its affiliates, and their officers, directors, employees, agents and contractors from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including, without limitation, reasonable legal fees) brought by a third party arising out of or in connection with: (a) your use of the App or the Service other than as expressly allowed by the Terms; (b) your breach or alleged breach of the Terms; or (c) your negligent, wrongful or unlawful acts or omissions. You will control the defense and settlement of any claim subject to indemnification by you hereunder, provided that REACH may at any time elect to take over control of the defense and settlement of any claim. You may not settle or compromise any such claim without REACH’s prior written consent.
Limitation of Liability. UNLESS REQUIRED BY LOCAL LAW, IN NO EVENT SHALL REACH BE LIABLE FOR ANY FINES, PENALTIES, LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, SUSTAINED BY YOU IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP OR THE SERVICE, WHETHER SUCH LIABILITY ARISES UNDER STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND EVEN IF REACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Confidentiality. You may be given access to certain Content, know-how, methodologies and software related to the App and the Service that is not generally known by the public, which is confidential and proprietary to REACH (the “confidential information”). You agree at all times to protect and preserve the confidential information in strict confidence and not disclose the confidential information to any third party other than with the prior written consent of REACH or as may be legally required. Without limiting any other remedies available to REACH under the Terms, any unauthorised use, alteration, modification, reproduction, publication, disclosure or transfer of the confidential information will entitle REACH to any available equitable or other remedy against you.
Export Compliance. You must comply with the export laws and regulations of any relevant jurisdictions in using the Service. In particular, (a) you warrant that you are not named on any government list of persons or entities prohibited from receiving exports; and (b) you must not access or use the Service in violation of any export embargo, prohibition or restriction.
Compliance with laws. You must not use the App or the Service in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. REACH does not condone, enforce nor expect use of the App while driving a motor vehicle or other form of transport. REACH shall not be responsible for any fine, suspension, claim or loss of demerit points should you break any laws applicable to the use of a portable device (such as a mobile phone) in New Zealand.
GPS Notice. The App uses Global Positioning Systems (GPS) to record distribution activities, and GPS data will be generated from the App to verify areas in which deliveries have been made. This data will be accessible to REACH and REACH contractors (including Area Supervisors) following a distribution but only when you reconnect to the internet. You do not need a network connection for the operation of the App. GPS data may be provided to REACH clients for the purpose of confirming compliance with REACH’s contractual distribution obligations but such data will not include information that would personally identify you. This notice is given to you in compliance with surveillance legislation applying in New Zealand.
REACH Offers. From time to time, special offers may be made available to you via the App. You acknowledge that your participation in such offers will be subject to third party terms and conditions that are provided to you in conjunction with the offer and that these will be incorporated by reference and form part of these Terms. REACH does not endorse nor is it responsible for the content or privacy practices associated with any third party offers and will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered by you in connection with such offers.
Termination. REACH may suspend or terminate your licence to use the App or access the Service at any time and without prejudice to any other rights or remedies in the following circumstances: (a) if you breach the Terms or the terms and condition of your Distributor Contract; (b) in response to a request by a law enforcement or other regulatory authority; (c) in response to a request by you; (d) unexpected technical or security issues or problems; or (e) extended periods of inactivity. Upon termination or expiration of the licence for any reason, you shall cease all use of the App and the Service, remove all copies, full or partial, of the App from your portable devices and destroy all copies of any confidential information. Inadvertent copies of the App retained subsequent to termination or expiration of any license granted under the Terms shall not be implied or construed as constituting any agreement or consent by IVE to transfer ownership of the App to you. REACH shall not be liable to you or any third party for any suspension or termination of your access to the Service.
Severability. If any provision of these Terms is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms and shall not affect the validity and enforceability of any other provision of these Terms.
Governing Law. The laws of New Zealand govern the Terms and your use of the App and the Service, and the parties agree to submit to the exclusive jurisdiction of the courts of that Country.