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Welcome to UVLens! This UVLens End User Licence Agreement (Agreement) is a legal agreement between you (the user) and us (Spark Sixty Four Limited, the company behind UVLens) that sets out our, and your, rights and obligations in relation to UVLens and the data you provide to us through UVLens. Please read this Agreement carefully before using UVLens. By registering, logging on and/or otherwise using UVLens you agree to follow and be bound by this Agreement. If you do not agree to all of the terms in this Agreement, you must not use UVLens.
This Agreement may be varied by us at any time. Unless otherwise stated, amendments to these terms will be effective upon notifying you of the changes through, or posting the changes on, the UVLens App (including by push notification), website, email or otherwise. You must ensure that you have read understood and agree to the terms in this Agreement. You agree that your continued use of UVLens represents your agreement to be bound by the most recent terms.
1.1 In this Agreement, unless the context otherwise requires or is specified otherwise:
Agreement means this End User Licence Agreement;
App means the UVLens application software, which is a UV monitoring and sun safety tool and includes any upgrades or updates to the same;
Data means: (a) data inputted by you for the purpose of registering to use or using UVLens; and (b) data generated by UVLens or the device on which UVLens is installed, which is about you and generated in the course of your use of UVLens;
Intellectual Property Rights means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual property rights, whether registered, in the course of being registered or unregistered and any analogous rights worldwide;
Sensor means the device responsible for measuring and sending the UV information to the UVLens app;
Usage Data means any data we may collect about the way in which you and other UVLens users use UVLens but does not include your Data;
UVLens means the modern sun safety and education tool designed to prevent the problem of skin cancer, including the App, the Sensor and other services provided to you through the use of the App and the Sensor;
Virus means any thing or device (including any software, code, file or program) which may: (a) prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; (b) prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or (c) adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices;
we, us and our refers to Spark Sixty Four Limited (Company No. 4660279) with registered offices at Suite 2, Level 1, 18 Anzac Street, Takapuna, Auckland, 0622, New Zealand; and you and your refers to you, the individual that registers to use UVLens.
2.1 We grant you a non-exclusive, non-transferable, revocable right to access and use UVLens for the term of this Agreement solely for your own personal, non-commercial use and on a device that you own and/or control, all on the terms and conditions set out in this Agreement.
2.2 We will use reasonable endeavours to make UVLens available to you on and subject to the terms of this Agreement.
2.3 You:
(a) will keep logins and passwords for your access and use of UVLens confidential and ensure you are the only person to access and use UVLens through use of your login details;
(b) are fully responsible for all activities that occur under your account and agree to immediately change your password in the event of any breach of security;
(c) acknowledge and agree that we may disable your login account if we discover that your login details have been provided to any third party;
(d) will log-out of UVLens if you are not using UVLens for any extended period of time or not in control or possession of the device on which you are accessing UVLens;
(e) acknowledge and agree that you may be automatically logged out of UVLens after a period of time of inactivity and, if so, you will be required to log in again in order to access and use UVLens; and
(f) will ensure that all your Data that you provide to us is true and correct and kept up to date for so long as you continue to use UVLens.
2.4 You will not access, store, distribute or transmit any Viruses through UVLens, and we may, without liability to you, disable your access to UVLens if you are in breach of this clause.
2.5 You will not:
(a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between you and us:
(i) and except to the extent expressly permitted under this Agreement, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, display, transmit, or distribute all or any portion of UVLens (as applicable) in any form or media or by any means; or
(ii) attempt to decompile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the App;
(b) access all or any part of UVLens in order to build a product or service which competes with UVLens;
(c) use UVLens to provide services to third parties;
(d) attempt to undermine the integrity or security of:
(i) UVLens; or
(ii) our, or any third party’s, systems, networks or resources used in the provision of UVLens;
(e) attempt to gain unauthorised access to any information or materials other than those to which you have been given express permission to access as part of UVLens;
(f) attempt to obtain, or assist third parties in obtaining, access to UVLens, other than as provided under this clause 2.
2.6 You will use all reasonable endeavours to prevent any unauthorised access to, or use of, UVLens and, in the event of any such unauthorised access or use, promptly notify us.
2.7 We may terminate this Agreement if you breach any provision of this Agreement. If we terminate this Agreement you will immediately cease to use UVLens.
3.1 You acknowledge that we may upgrade and update UVLens and that UVLens is continually evolving. You may be required to install upgrades and updates to the App or to upgrade the device you use to access UVLens or the operating system running on that device in order to continue to use UVLens.
3.2 Although we use reasonable endeavours to ensure that any upgrades and updates to UVLens do not cause any problems in your use of UVLens, our liability to you to the extent that problems arise from such upgrades and updates is limited in accordance with clause 7.
3.3 We reserve the right at any time and from time to time to charge for use of UVLens (or any part of it), and modify, discontinue or restrict access to UVLens (or any part of it), temporarily or permanently with or without notice to you. To the maximum extent permitted by law, you agree that we will not be liable to you or to any third party for any modification, restriction, suspension or discontinuance of UVLens.
4.1 We acknowledge and agree that, except for the rights you grant us to use your Data under this Agreement, you will own all rights, title and interest in and to all of your Data and you will have sole responsibility for the legality, reliability, integrity, accuracy and quality of your Data.
4.2 While we will take reasonable measures against the accidental loss, destruction or damage of your Data, to the extent permitted by law, we will not be responsible for any loss, destruction, alteration or disclosure of your Data and you should ensure that you back-up any important information included in your Data in a separate location on regular basis.
4.3 In so far as any of your Data or any Usage Data is “Personal Information" for the purposes of the Privacy Act 1993, we will comply with our obligations under the Privacy Act 1993 in respect of that Personal Information. You acknowledge and agree that we will be permitted to share or disclose your Personal Information:
(a) in accordance with the Privacy Act 1993, including without limitation where we believe on reasonable grounds that we are required to do so by law or that disclosure is necessary to facilitate the disposition of the UVLens business (whether as a going concern or otherwise); and
(b) as agreed by you under this Agreement. If you have any questions in connection with our use of any Personal Information you have provided to us or you wish to access your Personal Information please write to us at our registered office address above or at: enquiries@spark64.com You acknowledge and agree that we may use your Data for the purpose of:
(c) providing UVLens to you and otherwise performing our obligations under this Agreement. This may include passing your Data to third party service providers we use to provide UVLens (including without limitation overseas data centre and outsourcing providers);
(d) ensuring that you are complying with the terms and conditions of this Agreement;
(e) improving or enhancing UVLens;
(f) performing research and data analysis on an aggregated and anonymous basis; and
(g) marketing our own and third-party products and services to you, where you have indicated, or otherwise agreed, that we may do so.
4.4 In addition to clause 4.4, you acknowledge and agree that:
(a) we may share your Data with other UVLens users or third parties provided that we have obtained your specific consent to do so;
(b) we will be free to use your Data on an anonymous basis for any purpose, commercial or otherwise, including for data analysis and market research purposes, and that we will be free to provide such data and grant such use rights to our business partners and other third parties. The rights granted by you to us under this clause are perpetual and irrevocable; and (c) we may provide your Data to third parties, such as our business partners, for marketing purposes provided that we have obtained your specific consent to do so.
4.5 Any Usage Data we collect will be owned by us. We will only use such Usage Data in an anonymised form and will be free to do so for any purpose, commercial or otherwise.
5.1 You will:
(a) provide us with all necessary co-operation in relation to this Agreement so that we can provide you access to UVLens;
(b) comply with all applicable laws (including the Privacy Act 1993) and any third party terms you have agreed to (for example with your telecommunications service provider) with respect to your use of UVLens and your activities under this Agreement;
(c) use UVLens in accordance with the terms and conditions of this Agreement and carry out all other of your responsibilities set out in this Agreement in a timely and efficient manner;
(d) be solely responsible for:
(i) procuring and maintaining your network connections and telecommunications links from the device you use to access UVLens; and
(ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
5.2 You confirm that you have all the rights in relation to your Data that are necessary to grant us the right to use it as set out in the terms of this Agreement.
6.1 You acknowledge and agree that we and/or our licensors own all Intellectual Property Rights in UVLens. Except as expressly stated in this Agreement, this Agreement does not grant you any rights to, or in, the Intellectual Property Rights, or any other rights or licences in respect of UVLens.
7.1 You acknowledge that, except for those warranties or representations that cannot be excluded by law (including under the Consumer Guarantees Act 1993 and Fair Trading Act 1986), UVLens is provided on an “as is” basis and all representations, conditions or warranties in respect of UVLens (whether express or implied, statutory or otherwise, and including warranties of merchantability and fitness for a particular purpose) are expressly excluded.
7.2 In particular and without limiting clause 7.1, we do not warrant:
(a) that your use of UVLens will be uninterrupted or error-free;
(b) that UVLens will meet your requirements;
(c) that UVLens will be free from Viruses; or
(d) the accuracy, correctness, reliability, adequacy, completeness or fitness for purpose of any calculation, advice, recommendation, statistic, SPF levels, current and forecasted UV Indexes, or any other information contained on, or provided through the use of, UVLens (together referred to as UV Information). You acknowledge that the UV Information:
(i) is provided for guidance and informational purposes only, and that any assumptions used, and recommendations or other information generated or provided, are for purposes of illustration and reference only, and are subject to change depending on a variety of factors, which may not have been taken into account;
(ii) should not be considered complete, nor should it be relied on to suggest a course of action to protect you or any other individual from UV exposure. You agree that you will not rely solely on the UV Information and will carry out your own assessment of your risk and all relevant factors to verify the accuracy, correctness, reliability and completeness of the UV Information; and (iii) is not intended as a substitute for, nor does it replace, a medical practitioner’s independent medical advice, diagnosis, treatment, or judgment about your UV risk profile or the appropriate course of action to protect you or any other individual from UV exposure.
7.3 You agree that, to the maximum extent permitted by law, we will not be liable to you for any form of loss or damage or injury, regardless of cause or origin, on any basis whatsoever, (including but not limited to breach of contract, warranty, negligence, strict liability in tort or otherwise), arising out of or in connection with this Agreement (including your reliance on or use of the UV Information or UVLens). If, notwithstanding the foregoing, we should have any liability to you for any form of loss or damage, then to the maximum extent permitted by law, our maximum aggregate liability to you will not exceed the amount you have paid us for UVLens.
7.4 Without limiting clause 7.3, you agree that:
(a) to the maximum extent permitted by law, we will not be responsible for the loss, destruction or damage of your Data, however caused; and (b) before using any data exported or otherwise retrieved from UVLens (including your Data) you will verify the accuracy, correctness and completeness of such data and will carry out your own assessment of the appropriateness of such data for the purpose for which you intend to use it and that we will not be responsible for any errors or omissions in such data, however caused.
7.5 Clauses 7.3 and 7.4 are subject to any rights you have under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 that cannot be excluded by agreement between you and us.
7.6 You acknowledge that:
(a) we may rely on the provision of services by third parties (including data centre, electricity, telecommunications and outsourcing providers) in order to make UVLens available to you (Third Party Providers) and that UVLens may be subject to limitations, delays and other problems inherent in the use of such services provided by Third Party Providers;
(b) to the maximum extent permitted by law, we will not be responsible for any delays, delivery failures, or any other loss or damage arising out of or is in connection with any services provided by Third Party Providers, including any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet; and
(c) UVLens may contain links to other sites and resources provided by third parties, and that these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7.7 You will indemnify us against all costs, losses, expenses and damages incurred through any claims against us resulting from your use of UVLens.
8.1 This Agreement constitutes the entire agreement between you and us in relation to UVLens and supersedes any previous understanding or agreements on that subject matter.
8.2 If any part or a provision of this Agreement is judged invalid or unenforceable in a jurisdiction it is severed for that jurisdiction and the remainder of this Agreement will continue to operate.
8.3 A provision or a right under this Agreement may not be waived except in writing signed by the party granting the waiver.
8.4 A party to this Agreement may exercise a right, power or remedy under this Agreement at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party under this Agreement does not prevent a further exercise of that or of any other right, power or remedy.
8.5 This Agreement may be varied by us at any time. Unless otherwise stated, amendments to these terms will be effective upon notifying you of the changes through, or posting the changes on, the UVLens App (including by push notification), website, email or otherwise. You will ensure that you have read, understood and agree to the most recent terms. You agree that your continued use of UVLens represents your agreement to be bound by the most recent terms.
8.6 You will not assign, transfer or otherwise deal with this Agreement or any of your rights or obligations under this Agreement, whether in whole or in part, without our prior written consent.
8.7 This Agreement will be governed by and construed in accordance with the laws of New Zealand.
8.8 Should you wish to take any action against us in respect of UVLens and/or this Agreement, you agree that any such action will be commenced only in the New Zealand courts, which courts will have exclusive jurisdiction over such actions and proceedings.
9.1 This clause 9 applies to you only if you use an Apple device (e.g.: iPhone, iPad, iPod Touch) to access UVLens. It does not apply to you if you do not use UVLens on an Apple Device. 9.2 You and us both acknowledge and agree that:
(a) this Agreement is concluded solely between you and us, and not with Apple, and Apple is not responsible for UVLens and the content thereof;
(b) any maintenance or support that may be offered by us in connection with UVLens is solely our responsibility and Apple has no obligation whatsoever to furnish any maintenance and support services with respect to UVLens;
(c) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and request a refund the purchase price (if any) you paid for the App through Apple’s App Store. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to UVLens;
(d) Apple is not responsible for addressing any claims by you or any third party relating to UVLens or your possession and/or use of the App. In the event of any third party claim that the App or your possession and use of it infringes that third party’s intellectual property rights you should contact us as Apple will have no responsibility for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;
(e) Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary;
(f) except as provided in clause 9.2(c), any questions, complaints or claims with respect to UVLens should be directed to us at the following address: enquiries@spark64.com
9.3 You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.