Date updated: 24 April 2017
APPLICATION OF TERMS
These Terms apply to your use of Aura. By accessing and using Aura:
- where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
- you agree to these Terms; and
If you do not agree to these Terms, you are not authorised to access and use Aura, and you must immediately stop doing so.
We may change these Terms from time to time. 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 Aura, you agree to be bound by the changed Terms.
We may change, suspend, discontinue, or restrict access to, Aura without notice or liability.
In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
Underlying System means any network, system, software, data or material that underlies or is connected to Aura
User ID means a unique name and/or password allocated to you to allow you to access certain parts of Aura
We, us or our means Aura EQ Limited.
Aura means Aura’s loyalty software product and services and any features, technologies or functionality provided by the product and services, including the auraishere.com (“Website”).
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
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 User ID, you must keep your User ID secure and:
- 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 [email protected]
- not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, Aura or any Underlying System, or otherwise attempt to damage or interfere with Aura or any Underlying System; and
- unless with our agreement, access Aura via standard web browsers only and not by any other method. Other methods include 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 written permission to establish a link to our Aura. If you wish to do so, email your request to [email protected]
You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Aura by using your User ID.
FEES AND TAXES
The fees charged for the use of Aura is set out on the Website and are subject to change (“Fees”). We will endeavour to notify you at least 30 days before increasing the Fees. Fees are charged in advance on a monthly or annual basis and are non-refundable, including if you only use part of a month’s subscription for Aura. Unless required by law, we will not provide refunds in connection with Aura. A valid credit card number is required for paying all Fees.
All Fees are exclusive of all taxes (other than New Zealand GST), and you indemnify and hold Aura harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.
We (and our licensors) own all proprietary and intellectual property rights in Aura (including all information, code, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
You grant Aura a royalty-free, irrevocable, perpetual licence to use (including for commercial purposes) information and/or data collected by Aura through your use of Aura, provided that we aggregate or anonymise that information or data before using it. Other than this right, Aura claims no intellectual property rights in relation to the information or content you input into Aura.
To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
- Aura being unavailable (in whole or in part) or performing slowly;
- any error in, or omission from, any information made available through Aura;
- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use Aura. To avoid doubt, you are responsible for ensuring the process by which you access and use Aura protects you from this; and
- any site linked from Aura. Any link on Aura to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
We make no representation or warranty that Aura 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 Aura is not illegal or prohibited, and for your own compliance with applicable local laws.
To the maximum extent permitted by law:
- you access and use Aura at your own risk; and
- we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, Aura, or your access and use of (or inability to access or use) Aura. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to the amount of fees paid to Aura in the form of fees in the past 12 months.
To the maximum extent permitted by law and only to the extent clauses within this Liability clause of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with Aura, or your access and use of (or inability to access or use) Aura, must not exceed the amount of fees paid to Aura in the form of fees in the past 12 months.
You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of Aura available to you. For example, we may need to have your contact information in order to provide you with updates on Aura.
When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.
The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
- to service providers and other persons working with us to make Aura available or improve or develop its functionality (e.g. we may use a third party supplier to host Aura);
- in relation to the proposed purchase or acquisition of our business or assets; or
- where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at [email protected]
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 Aura (or any part of it).
On suspension or termination, you must immediately cease using Aura and must not attempt to gain further access.
You are entitled to cancel your account with Aura at any time. You may cancel your account by contacting Aura by emailing [email protected] If you cancel your account before the end of your current paid up month or year, your cancellation will take effect immediately and you will not be entitled to any refund of fees paid in advance (unless we agree otherwise).
If your account is cancelled: (a) your account will be deactivated or deleted; (b) all of your rights granted under these Terms will immediately come to an end; and (c) all of your data and content may be deleted from our systems immediately. Your content cannot be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
If we need to contact you, we may do so by email or by posting a notice on Aura. You agree that this satisfies all legal requirements in relation to written communications.
These Terms, and any dispute relating to these Terms or Aura, 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 Aura.
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, including clauses contained within the sections of Your Obligations, Intellectual Property, Disclaimers, Liability, General, 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 Aura 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 Aura 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.