Unitec New Zealand Limited
User license terms and conditions
Introduction
1. The purpose of the Uniwaka is to provide Unitec staff and students with access to a technology platform that enables them to connect with each other and identify and schedule opportunities to car pool when travelling to and from a Unitec campus.
2. The provision of Uniwaka is part of Unitec’s wider sustainability initiative with a focus on reducing Unitec staff and student reliance on vehicles and improving their carbon footprint.
3. The Uniwaka is made available solely for your personal, non-commercial use. You acknowledge that Unitec does not provide transportation or function as a dispatch provider. The arrangement and responsibility of ensuring safe transportation is a matter between you and the users that you connect with. Unitec does not charge for use of the app and users may not charge each other for providing services and/or car-pooling in the manner envisaged by Uniwaka, nor seek reimbursement for any damage to vehicles caused as a result fo an accident when travelling with a fellow app user or for traffic or parking fines or charges. Uniwaka may not be used to provide a passenger service (as defined by Waka Kotahi – New Zealand Transport Agency). However, passengers may choose to contribute to the driver’s cost of running the vehicle.
Legal status
4. By downloading and using the Uniwaka you are deemed to have agreed to the following terms and conditions (as amended from time to time by Unitec). Where the terms are amended, your continued access or use of the Uniwaka after the amendment constitutes your consent to be bound by the amended terms.
5. These terms establish a contractual relationship between you and Unitec. If you do not agree to these terms, you may not access or use the Services. These terms constitute the entire agreement between you and Unitec.
6. Unitec may restrict you from accessing or using Uniwaka without notice in circumstances where Unitec reasonably suspects that you have, or are likely to, breach these terms. In the absence of a breach, or suspected breach, Unitec may terminate these terms by giving 14 days’ notice. You may terminate these terms at any time, for any reason.
7. Unitec’s collection and use of personal information in connection with Uniwaka is as provided in Unitec’s Privacy Policy. Unitec may provide personal information about you to a claims processor or an insurer (including your contact information) where it is relevant to a complaint, dispute or conflict which relates to the use of Uniwaka, (including an accident when travelling with a fellow app user).
8. As a user, Unitec grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use Uniwaka on your personal device solely in connection with your travel to and from Unitec and access and use any content, information and related materials that may be made available through the app as part of Unitec’s wider sustainability objectives.
What you cannot do
9. You must not: (i) remove any copyright, trademark or other proprietary notices from any portion of Uniwaka; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Uniwaka except as expressly permitted by Unitec; (iii) decompile, reverse engineer or disassemble Uniwaka except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of Uniwaka (v) interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personal information about other users without their express consent; (vi) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of other users; (vii) transmit or otherwise make available in connection with Uniwaka any virus, worm, web bug, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive or invasive code or component; (viii) interfere with or disrupt the operation of Uniwaka, or the servers or networks that host Uniwaka or make Uniwaka available; (ix) sell, license or exploit for any commercial purposes any use of or access to Uniwaka; (x) create a database by systematically downloading and storing all or any of the information stored on Uniwaka; (xi) use Uniwaka for any illegal, immoral or unauthorised purpose; (xii) infringe or violate any of these terms.
Third Party Services and Content
10. As this is an app based technology platform, Apple Inc, Google Inc, Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access Uniwaka as developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of Uniwaka in any manner. Your access to Uniwaka using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Ownership
11. The Uniwaka and all rights therein are and shall remain United’s property or the property of Unitec’s licensors. By accessing Uniwaka you are granted a limited licence to use the app in the manner set out in paragraph 12 below.
Your Use of the Services
12. In order to use Uniwaka, you must register for and maintain an active personal user account (Account). You must be (i) at least 18 years of age to obtain an Account, (ii) be enrolled as a Unitec student or employed as a Unitec employee or contractor and (iii) where you are offering car-pooling in your vehicle via Uniwaka you must have a current and clean driver’s licence and a vehicle with a current warrant of fitness and registration.
13. Account registration requires you to submit to Unitec certain personal information, such as your name, address, mobile phone number and age and your student or employment status with Unitec (i.e. full time, part time, employee, student or contractor) and relevant student / staff ID number.
14. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your access to Uniwaka being restricted.
15. As a staff member or student of Unitec, users are expected to comply with the Unitec Code of Conduct (for staff) and/or the Unitec Student Charter (for students), as applicable to each user, at all times while using Uniwaka or any services provided via Uniwaka.
16. You are not entitled to access or use Uniwaka if you are no longer a Unitec staff member or student.
17. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Unitec in writing, you may only possess one Account.
18. You must not allow any other person to use your account for the purpose of providing or accessing transportation to or from another Uniwaka user.
19. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using Uniwaka, and you may only access or use the Uniwaka for lawful purposes. You will not, in your use of Uniwaka, cause nuisance, annoyance, inconvenience, or property damage, whether to the another Uniwaka user or any other party.
Network Access and Devices
20. You are responsible for obtaining the data network access necessary to use the Uniwaka. Your mobile network’s data and messaging rates and fees may apply if you access or use Uniwaka from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use Uniwaka and any updates to it. Unitec does not guarantee that Uniwaka will function on any particular hardware or devices. In addition, Uniwaka may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Dispute
21. In the event of a dispute between app users, Unitec encourages users, if possible, to first attempt to resolve the dispute amicably between themselves. Users also have the right to block other users within Uniwaka at any time, for any reason.
22. Users are able to report any complaint or dispute within the Uniwaka app. The Uniwaka Administration Panel will determine the response to any reported complaints or disputes.
23. The Uniwaka Administration Panel reserves the right to report any complaint or dispute to Unitec’s Student Advisors and/or People and Culture Department where it is considered appropriate (in the Uniwaka Administration Panel’s sole discretion).
24. Where the complainant is a Unitec student, the Unitec Student Complaints Resolution Policy may apply.
Limitation of Liability
25. To the extent permissible under New Zealand consumer laws, Uniwaka is provided on an “as is” and “as available” basis. Unitec disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including any implied warranties of merchantability or fitness for a particular purpose and makes no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Uniwaka.
26. You agree that the entire risk of accessing car-pooling with another user via Uniwaka is at your risk entirely to the maximum extent permitted under New Zealand law.
27. Unitec assumes no responsibility in relation to the use of Uniwaka. If Unitec is found to be liable in any manner, Unitec’s total liability shall not exceed one thousand New Zealand dollars.
Indemnity
28. You agree to indemnify and hold Unitec and its officers, directors and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with your use of Uniwaka) or car-pooling obtained through the app, your breach or violation of any of these terms.
Governing Law
29. These terms shall be exclusively governed by and construed in accordance with the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand courts.
Notice
30. Unitec may give notice by means of a general notice on the email address for your Account. You may give notice to Unitec by written communication to oneplanet@unitec.ac.nz.
General
31. You give your approval to Unitec to assign or transfer these terms in whole or in part, including to: (i) its parent, (ii) an affiliate or (iii) a successor by merger or amalgamation.
32. No joint venture, partnership, employment or agency relationship exists between you, Unitec or any third party provider as a result of the contract between you and Unitec or use of Uniwaka.
33. If any provision of these terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these terms but the legality, validity and enforceability of the other provisions in these terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these terms.
Nothing in this clause limits your rights as a consumer that cannot be excluded under New Zealand’s consumer laws.