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PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS ("APPTERMS"). BECAUSE BY INSTALLING THIS APPLICATION (AS DEFINED BELOW) AND / OR ACCEPTANCE, YOU AGREE TO BE BOUND BY THESE APPTERMS. IF YOU DO NOT AGREE TO THESE APPTERMS, PLEASE DO NOT DOWNLOAD, INSTALL OR USE THIS APPLICATION.
The Application - means the software provided by SERKO to offer services related to SERKO, SERKO’s services and its partners’ services, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Application. SERKO Ltd – also known as SERKO.
CONDITIONS OF USE
These appterms apply to all users of this Application, and are deemed to be incorporated in all contracts between SERKO and users. If there is any conflict between these appterms and the provisions of another contract between SERKO and you, these appterms will prevail.
You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
Free Application - The Application is currently made available to you free of charge, with limited functionality, for your personal, non-commercial use. SERKO reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these appterms, at any time and for any reason.
Upgraded Application – You may upgrade the Application in accordance with the prevailing terms and pricing offered at the time of upgrade.
You acknowledge that you may incur third party charges depending on the payment protocol which you select to pay for your subscription (eg, iTunes or Google). Third party charges may also include credit card merchant charges.
You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application. If you select to upgrade the Application, you will also be assumed to have permission to upgrade under your internal travel/expense policy.
SERVICE / AVAILABILITY
This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. SERKO will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside SERKO’s reasonable control.
SERKO does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable. The Application may enable access third party services and web sites. Use of these services may require internet access and you accept any such third party terms of service and additional charges which may result from this access / use of third party services.
SERKO will not be responsible for any first line support for the Application.
In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications, as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.1 up to OS 2.3; Language: English.
The version of the Application software may be upgraded from time to time to add support for new functions and services.
PROPRIETARY RIGHTS AND LICENCE
All trade marks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by SERKO, or licensed from third parties as disclosed in Appendix A.
SERKO hereby grants you a worldwide, non-exclusive, non-transferrable, royalty-free revocable licence to use the Application for your business and personal use in accordance with these appterms.
SERKO may terminate use of the Application at any time by giving notice of termination to you. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Application and destroy all copies, full or partial, of the Application.
LIMITATION OF LIABILITY
SERKO shall not be liable for the consequence of any action(s) you may take on the basis of the information contained on, or accessible through, this Application.
SERKO is not liable to you for any loss or damage, however caused, which may be directly or indirectly suffered, in connection with use of any the information contained on, or accessible through, this Application. Further, SERKO shall not be liable to you for any consequential, incidental, indirect or special damage or loss of any kind, nor is SERKO liable for any damage or loss caused by your servants agents buyers or any other persons howsoever, even if there is negligence by SERKO, or if SERKO has been advised of the possibility of such damages, or both.
The total liability of SERKO whether in contract tort or otherwise for any loss, damage, cost, expenses or injury under whatever causes of action, and whether in contract, tort or otherwise, shall not exceed the amount paid by you, if any, for accessing this Application. SERKO is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
CONSUMER GUARANTEES ACT
If you are a consumer under the New Zealand Consumer Guarantees Act 1993 (“Act”), and you are not using the Application for business purposes, then nothing in these terms will affect your rights under this Act, and in particular, the Limitation of Liability section (above), will not apply.
DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, SERKO hereby disclaims all implied warranties with regard to the Application. The Application and software are provided "as is" and "as available" without warranty of any kind.
SERKO makes no representation that the Application is appropriate or available for use in other locations, or accessible from territories where the content is illegal or prohibited. Those who choose to use the Application from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the Application shall be governed by the laws of New Zealand and you accept the exclusive jurisdiction of the New Zealand courts in this regard.v APPENDIX A
This app contains the following images licensed under Creative Commons: Das Letze Taxi – by zakmc is licensed under CC BY 2.0 Washington Dulles International Airport at Dusk – by Joe Ravi is licensed under CC BY SA 3.0 New York City, Manhattan, Theatre District, Times Square – by Vincent Desjardins is licensed under CC BY 2.0