OL@-OR@ Terms and Conditions for Smartphone Application and Website Use
General Terms and Conditions of Use
You acknowledge that use is limited to those who are participating in the OL@-OR@ study and those
who are invited by participants to use OL@-OR@. When you download, install, access and use OL@-
OR@ you agree to be legally bound by these Terms and Conditions of Use ("Terms").
In these Terms:
- References to “OL@-OR@" are references to the OL@-OR@ mobile phone application and the
web version of the tool, and any supporting OL@-OR@ websites, including
- Reference to “UniServices” or “We” are references to Auckland UniServices Limited;
- “Community Partners” refers to other parties involved with developing the application which
includes: Toi Tangata, The Fono Trust, South Waikato Pacific Islands Services Trust, Massey
University, The University of Auckland and The University of Otago.
1. Information provided on OL@-OR@
1.1 When you use OL@-OR@ you may view a range of content and information relating to lifestyle
behaviours, such as healthy eating, physical activity, smoking, alcohol and other topics (“Information”)
which may be of interest to you and your family/ whānau. In accessing and using the Information, you
acknowledge and agree that the Information is of a general nature only and does not take into account
your individual circumstances.
1.2 The Information is not medical advice and should not be used for any medical or diagnostic purpose
or relied upon as a substitute for advice from a professional medical, nutritional or other health
professional. You should consult your doctor or other qualified health professional if you have questions
or concerns about your or your whānau health.
1.3 Some of the Information, such as recipes, is provided by other users of OL@-OR@ and UniServices
offers no warranty that Information is true or accurate. To the extent permitted by law, all implied
warranties in relation to such Information and OL@-OR@, including as to fitness for purpose or
merchantable quality under the Consumer Guarantees Act 1993, are excluded.
1.4 Information that constitutes matauranga Māori (knowledge) has been contributed by communities
involved with developing OL@-OR@. While the roopu (group) has tried to incorporate matauranga
Māori that is not iwi-specific, we appreciate that there may be some words or stories that resonate
more in certain tribal areas than in others.
1.5 OL@-OR@ may contain links to other sites and resources provided by third parties (“Third Party
Sites”). You acknowledge that UniServices has no control over Third Party Sites and does not monitor the
content or warrant the accuracy of any Third Party Site. Where we provide links to third-party websites,
that does not imply any association with or recommendation for those websites. UniServices accepts no
responsibility for your use of Third Party Sites or for any loss or damage that may arise through such use.
2. Disclaimers, Liability and Indemnity
2.1 OL@-OR@ is provided “as is” with no representations or warranties of any kind. Without limiting
the foregoing and to the extent permitted by law, all implied warranties in relation to such Information
and OL@-OR@, including as to fitness for purpose, merchantable quality or non-infringement are
expressly excluded. We make no warranty that OL@-OR@ will meet your requirements or be available on
an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy,
timeliness, truthfulness, completeness or reliability of OL@-OR@. You acknowledge and agree that if you
rely on OL@-OR@, you do so solely at your own risk.
2.2 To the extent permitted by law, you will indemnify and hold harmless UniServices, the Community
Partners and their officers, directors, employees, agents, affiliates from and against any claims, disputes,
demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable
attorneys’ fees arising out of or in any way connected with your access to or use of OL@-OR@ or your
breach of these Terms.
2.3 Neither UniServices, nor any other party involved in creating, producing, or delivering OL@-OR@ will
be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of
data or goodwill, service interruption, computer damage or system failure or the cost of substitute
services arising out of or in connection with these Terms or from the use of or inability to use OL@-OR@,
whether based on warranty, contract, tort (including negligence), product liability or any other legal
theory, and whether or not UniServices has been informed of the possibility of such damage. In no event
will the total liability of UniServices arising out of or in connection with these Terms or from the use of or
inability to use OL@-OR@ exceed one hundred dollars ($100).
3. OL@-OR@ Community Standards
3.1 You agree to comply with the following OL@-OR@ Community Standards at all times in your use of
OL@-OR@ and the Information (the "Standards"):
- a) You will interact and engage with fellow users in a respectful and dignified manner;
- b) You will not use OL@-OR@ to publish or share any information or content that is offensive, defamatory, pornographic, threatening to another person or organisation, incites violence or is otherwise unlawful and/or objectionable;
- c) You will not use OL@-OR@ to harass, bully, threaten, defame or intimidate any user or other person, or to incite hatred;
- d) You will not use OL@-OR@ to carry on any activity that is unlawful, or to support or facilitate any unlawful activities;
- e) You will not use OL@-OR@ for commercial purposes, including uploading or posting any content that is commercial in nature, or that can be characterised as spam;
- f) You will not upload to OL@-OR@ any viruses, malicious code or do anything designed to disable or interfere with the proper functioning of the application.
3.2 You acknowledge and accept that UniServices shall be entitled to immediately suspend or terminate
your access to OL@-OR@ if it is determined by UniServices that you have breached or attempted to
breach the Standards.
4. Intellectual Property
4.1 All right, title and interest in and to all information, text, material, graphics, advertisements,
software code and data comprising OL@-OR@ (“OL@-OR@ Intellectual Property”) is owned by
4.2 You must not modify, copy, reproduce, republish, distribute, disassemble or reverse engineer the
OL@-OR@ Intellectual Property in any way except as expressly provided for in these Terms or as
expressly stated on OL@-OR@ or otherwise in writing by UniServices.
4.3 UniServices and Community Partners recognise that mātauranga Māori provided for OL@-OR@ is a
taonga of the originating Māori and iwi and that the originating parties have the primary interest as
kaitiaki over the mātauranga Māori. UniServices and the Community Partners will ensure that their use
of mātauranga Māori respects and enhances the cultural and spiritual integrity of mātauranga Māori
and the originating Māori and iwi.
5.1 You acknowledge that UniServices will hold and use your personal information, such as gender,
ethnicity, date of birth, address and contact details, as well as any information that you supply as part of
the OL@-OR@ research study (“Study”). Such information will only be used for the purpose of the Study
and matters related thereto, as outlined in the Participant Information Sheet that was handed to you
upon joining the Study, or as otherwise permitted by law.
5.2 Information will be collected by UniServices around how you use OL@-OR@, such as number of
shares, invites, goals set and pages regularly visited to enable us to improve OL@-OR@. This information
will be anonymised from any personal information provided so you will not be identifiable as a user.
5.3 You understanding by selecting the option to share wero/challenges/goals and recipes with ‘public’
you are giving UniServices permission to share the content you have created with other users.
5.4 You may choose to share information via third party social media sites, such as Facebook. You should
how your information is shared and handled within those applications.