Terms of Service

1. APPLICATION OF TERMS
   • These Terms of Use (Terms) set out the terms and conditions on which Breadcrumbs Limited (we, us, our) agrees to permit you and any other person on whose behalf you are acting (you, your) to access the Breadcrumbs navigation service (the Service), including through our website, breadcrumbs.nz, the Breadcrumbs application and any related websites or applications operated by us, (the App).
   • By accessing or using the Service or the App:
     • you agree to be bound by these Terms, as altered by us from time to time; and
     • where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do, agree to these Terms, as altered by us from time to time, on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
   • If you do not agree to these Terms, including any updated version of these Terms, you must stop accessing and using the Service and the App.
2. CHANGES
   • We may change these Terms at any time by posting the updated Terms on the App. 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 Service or the App, you agree to be bound by the changed Terms.
   • We may change, suspend, discontinue, or restrict access to, the App without notice or liability, for any reason we see fit in our sole discretion.
   • These Terms were last updated on 25/09/2017.
3. YOUR OBLIGATIONS
   • For any information or other content that you submit to us or post through the Service or on the App (Content), you expressly undertake and warrant that:
     • it does not contain anything that:
       • is misleading or deceptive, is likely to mislead or deceive, or otherwise breaches the Fair Trading Act 1986 (New Zealand) or any equivalent trade practices or fair trading legislation in any country;
       • is or is likely to be defamatory, offensive, obscene, indecent, unlawful, illegal or objectionable;
       • infringes any copyright or other intellectual property rights of any person; or
       • breaches any provision of any statute, regulation, by-law or other legal obligation; and
     • our publication or use of any Content submitted or uploaded by you will not give rise to any liability on our part or in a claim being made against us.
   • You also warrant that in accessing and using the Service and the App, you will not:
     • impersonate another person;
     • provide us, or post through the Service or the App, personally identifiable information about any person other than yourself;
     • use a false name or a name you are not authorised to use;
     • create a false identity or provide a false address or email address;
     • be misleading as to the identity or origin of any communications;
     • use the App or the Service for any illegal purpose;
     • publish any Content that falsely expresses or implies that we or any other third party has sponsored or endorsed that Content;
     • abuse, harass, stalk, threaten, or otherwise violate the rights of, other users of the Service or the App;
     • upload, post, or disseminate any Content that infringes any patent, trade mark, trade secret, copyright, or other intellectual property right;
     • publish or distribute any unsolicited or unauthorised advertising, promotional materials, or other forms of solicitation;
     • harvest or collect email addresses or other contact information of other users of the Service or the App, including User IDs, by electronic or other means;
     • otherwise interfere with another person’s use of the Service or the App; or
     • take any other action that we consider is not reasonable or appropriate.
   • 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.
   • If you are given a unique name and/or password allocated to you to allow you to access certain parts of the App (User ID), you must:
     • keep your User ID secure;
     • not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
     • immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to info@breadcrumbs.nz.
   • You are responsible for the acts and omissions of any person that accesses the Service and the App using your User ID and you must ensure they comply with these Terms.
   • You must not:
     • act in a way, or use or introduce anything (including any virus, worm, Trojan horse, time bomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the App or any network, system, software, data or material that underlies or is connected to the (Underlying System), or otherwise attempt to damage or interfere with the App or any Underlying System; and
     • unless with our express written agreement, access the websites that form part of the App 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.
   • You must obtain our prior written permission to establish a link to our website. If you wish to do so, email your request to info@breadcrumbs.nz.
   • You indemnify us against all loss, damage, expense or cost we suffer or incur as a direct or indirect result of your access or use of the Service or the App or failure to comply with these Terms, and any access or use of the Service or App or breach of these Terms by a person who accesses and uses the Service or the App using your User ID.
4. INTELLECTUAL PROPERTY
   • You acknowledge and agree that we (and our licensors) own all proprietary and intellectual property rights in the Service and the App (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
   • You may not in any form or by any means adapt, reproduce, store, perform, publish or create any derivative works from any part of the App or the Content or commercialise or on-sell any Content or other information obtained from the App or from us.
   • We grant you a non-exclusive, worldwide, non-transferable licence to use the Service and the App in accordance with these Terms.
   • By posting or adding any Content, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide, transferable and sub-licensable right and licence to use that Content in any way (including, without limitation, by reproducing, changing, and communicating the Content to the public for any purpose).
   • You agree to abide by these Terms and such other terms and conditions relating to use of the Service and the App and any Content as we or our licensors may specify from time to time.
5. DISCLAIMERS
   • To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any loss, damage, cost or expense incurred or suffered in connection with:
     • the Service or the App being unavailable (in whole or in part), performing slowly, being interrupted or insecure or containing inaccurate incomplete or out-of-date Content or other information;
     • any error in, or omission from, any Content or other information made available through the Service or the App;
     • any exposure to viruses or other forms of interference which may damage your computer system or device or expose you to fraud when you access or use the App, and you are responsible for ensuring the process by which you access and use the App protects you from this; and
     • any site linked to from or in the App, and any link on or in the App to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
   • The App contains Content added by people other than us. We do not verify, endorse, sponsor or approve any such user generated Content.
   • We make no representation or warranty that the Service or the App 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 Service and the App is not illegal or prohibited, and for your own compliance with applicable local laws.
   • You agree that we take no responsibility or liability for any misconduct of any of the users of the Service or the App including, without limitation, users that have registered under false pretences or who upload Content that is misleading or deceptive or otherwise in breach of these Terms.
   • You acknowledge and agree that:
     • we retain complete editorial control over the Service and the App, and the Content, and may remove, alter, amend or cease the operation of the Service and the App or the Content at any time in our sole discretion; and
     • the Service and the App may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

6. LIABILITY
   • To the maximum extent permitted by law:
     • the Service, the App and all content provided by us or by other users (Other Content) are provided ‘as is’ and ‘as available’ basis and you access, use and rely on the Service, the App and the Other Content at your own risk; and
     • we are not liable or responsible to you or any other person for any liability, loss, damage, cost or expense under or in connection with these Terms, the Service, the App or the Other Content, your access and use of (or inability to access or use) or your reliance on the Service, the App or the Other Content. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
   • To the extent our liability cannot be excluded but can be limited, but only to the extent permitted by law, our liability to you under or in connection with these Terms, the Service, the App or the Other Content, or your access and use of (or inability to access or use) the Service or the App is limited to NZD100.
   • Nothing in these Terms has the effect of contracting out of any law (inclusding any consumer protection law) that cannot be contracted out of or excluded including, without limitation, the New Zealand Consumer Guarantees Act 1993.
7. SUSPENSION AND TERMINATION
   • 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 Service or the App (or any part of them).
   • On suspension or termination, you must immediately cease using the Service and the App and must not attempt to gain further access.
8. Errors and Complaints
   • You must contact us immediately if there is an issue, error or omission in or with any of the Service, the App or the Content.
   • We may correct any such issue, error or omission as we see fit, but will not be liable for any losses (whether direct, indirect, or consequential) arising from an such issuer, error or omission.
9. Compliance with policies

By using the Service or the App, you agree to comply with any policies or other requirements issued by us from time to time, and those policies and other requirements will form part of these Terms.

10. Privacy policy

Your privacy is important to us. We may gather, use and disclose information about you in accordance with our privacy policy, which may be found Here. Our privacy policy forms part of these Terms, and by using the Service or the App you agree to our privacy policy.

11. GENERAL
    • We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard your images and the information you provide to us from access or use by unauthorised persons, but we provide no warranty or guarantee as to security.
    • If we need to contact you, we may do so by email. You agree that this satisfies all legal requirements in relation to written communications.
    • These Terms, and any dispute relating to these Terms or the Service or the App, 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 Service or the App.
    • For us to waive a right under these Terms, the waiver must be in writing.
    • Clauses which, by their nature, are intended to survive termination of these Terms, continue in force.
    • 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.
    • These Terms set out everything agreed by the parties relating to your use of the Service or the App 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 Service, the App of the Other Content 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.
12.  Advertising / Claimable Offers
    • Any offers claimed via the Breadcrumbs App are redeemed at the sole discretion of the participating advertiser.
    • No refunds shall be given for offers that are not redeemable.
    • No offers may be redeemed for financial compensation.
    • By engaging with an offer you agree to making your Breadcrumbs profile available for re-marketing by that advertiser