Terms and Conditions

These terms and conditions (the “Terms”) shall always apply to the use of the Application (as defined in section 1 below), between the user of the Application (“You”) and the provider of the Application; Outreach Technologies Limited (“Outreach”), Company number 8103577, a company incorporated under the laws of New Zealand and whose registered office is located at 3 Cheetwood Street, Churton Park, Wellington, NEW ZEALAND. You may only use Outreach if You accept to comply with and be bound by the Terms. Please read the Terms carefully before You start using our services, as these will apply to Your use of the Application.

Outreach reserves the right to, at any time and for any reason, amend the Terms. You will be notified by all amendments, e.g. by push notification and the amended Terms will also be published in Outreach. The amended Terms shall be effective thirty (30) days after they are initially posted in Outreach.

1. DEFINITIONS

1. “Application” means, in the Terms, the website, Outreach’s mobile applications named Outreach and the services provided through them.

1.1. “Information” means, in the Terms, all images, logotypes, trademarks, videos, copyright protected information and all other information and data that You or anyone else upload and/or publish or in other ways make available for others at or via the Application.

2. REGISTRATION AND USER INFORMATION

2.1. By registering an account, be it a Member User account for the Application, an Organisation (‘Group’) account, or an Admin account, You enter into an agreement with Outreach, whereupon the Terms enter into force. By doing so, You warrant that You have the legal capacity and are at the legal age, or have the legal consent (e.g. from Your parents), to enter into an agreement that legally bind You to the obligations set forth in the Terms. If You register a Group, You also warrant that You have the legal capacity to accept the Terms on behalf of that Group, and that You have the right to register, represent and act on behalf of that Group.

2.2. When You register a user account, You warrant that all information about You and/or the Group is up to date and correct.

2.3. Your login credentials to the Application are confidential and You are responsible to keep them confidential at all times. This includes, for instance, to never reveal them to anyone else.

2.4. You agree that You will be solely responsible for any and all access or use of the Application that occurs from Your account and that Outreach is authorized to use the registered activity of Your account as conclusive evidence that You have accessed and utilized the Application.

2.5. You acknowledge and accept Outreach’s use of external payment providers to enable You to pay for the paid version of the Application, e.g. through Paypal. If or when You purchase a paid version of Outreach, You undertake to review and approve the payment providers' separate general terms for payments.

3. INTELLECTUAL PROPERTY RIGHTS

3.1. All Information, software, equipment, data and other material developed or provided by Outreach, or its suppliers or affiliates or otherwise used by Outreach to provide the Application, including all intellectual property rights connected thereto, shall remain the sole and exclusive property of Outreach or its suppliers. You agree to not, except when expressly allowed by the Terms, sell, license, rent, sublicense, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, edit or create derivative works of the content of the Application or any other way make such content available for someone else without Outreach’s written consent.

3.2. When uploading Information, You are personally responsible for acquiring all necessary rights of use, operation, reproduction, representation, adaption, disclosing and publishing to the Information. You are not allowed to import or use Information that (i) infringes third party’s intellectual property rights, trade secrets or other rights of any other person or entity, (ii) are incorrect or misleading, (iii) constitutes unauthorized or unsolicited advertising or spamming, (iv) is unlawful, threatening, abusive, harassing, fraudulent, pornographic or otherwise can be interpreted as offensive, (v) imposes an unreasonable or disproportionately (in the sole judgment of Outreach) large load on Outreach’s computing, storage or communications infrastructure or attempts to gain unauthorized access to the Application or other accounts, (vi) contains sensitive personal data, or (vii) contains software viruses or other harmful components.

3.3. By publishing Information or in other ways make Information available for others at or via the Application You give Outreach an unlimited right to, free of any charge, manage and dispose the Information by, for example, process, store or copy the Information with purpose to fulfil our commitments.

3.4. Outreach has the right to, at any time and without prior notice, delete any and all Information or other content in case it infringes third party’s intellectual property rights, trade secrets or other rights of any other person or entity or results in violation of the Terms. Outreach’s exercise of this right shall not entitle You to any remuneration.

4. USE

4.1. The Application and all other services provided by Outreach shall be used with common sense, which means that You shall not spam, dishonour or be rude to other users.

4.2. You undertake to comply at all times with the applicable instructions, technical specifications and other regulations that Outreach provides for the use of the Application.

4.3. You undertake to use the Application only for its intended purpose and not in breach of the Terms or to applicable law. When You use the Application and all other services provided by Outreach You therefore warrant and accept that You:

a) shall not demean, patronize or in other ways violate any right of anyone else, including Outreach;

b) shall not publish or in any other way make available offensive material or other material that is inappropriate, defamatory, infringing, obscene, pornographic, racist, indecent or unlawful;

c) shall not, in any way, assist or contribute to spreading viruses or spam or anything else that might harm the Application or another user’s property;

d) are solely responsible for ensuring that You have the rights necessary to use, upload, publish and in other ways distribute the Information, and that You accept that it is prohibited to upload, publish or in other ways distribute Information on the Application for which You do not have the rights necessary for Your use of the Information;

e) are not allowed to download Information that You know, or reasonably should know, is not allowed to reproduce, make available, copy, distribute or in any other way use so that Your use results in infringement of third party’s right.

5. YOUR ACCOUNT

5.1. A user of the Application is a user who holds a registered account. You will have different functions and roles and in most cases will be connected to an organisation (a “Group”). Account types of registered users (“Members”) are defined as:

a) Admin member (“Admin”): A Member appointed by a Group and granted appropriate levels of access to manage and operate the system on that Group's behalf.

b) User Member (“User”): Any Member with an activated instance of the Outreach phone app, having accepted the terms and conditions.

5.2. You accept that other Members will have the right to act within their specific roles/account types.

5.3. Should someone unauthorized have the rights of an Admin or in other ways control a specific Group, which claim to represent a certain organisation, Outreach will have the right to shut down the connectivity for the unauthorized Admin and instead give it to someone authorized by the Group.

5.4. In order to improve and develop the Application, Outreach has the right to, at any time and without prior notice, change the rights linked to the different types of Members.

6. PRIVACY

6.1. Your privacy and the protection of Your data is very important to us. You acknowledge that You have received and read in full the terms of our Privacy Policy incorporated into these General Terms and Conditions by reference, which explains how and for what purposes we collect, use, retain, disclose and safeguard the information You provide to us.

6.2. For Your own safety, we recommend that You never publish Your bank account details, passport number, password or other highly sensitive information (“confidential information”) in the Application otherwise than explicitly requested by Outreach. In case of failure to comply to this recommendation, Outreach is not responsible for the confidential information posted in the Application and shall not be liable for damages directly or indirectly caused by any confidential information that is published.

7. LIMITATION OF LIABILITY

7.1. Outreach and our affiliates, assignees, officers, employees, agents or other Application users shall not, to the maximum extent permitted by law, be responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages, (including but not limited to, loss of profits, personal injuries, death, goodwill, damaged goods, limitations in use, loss of Information or data) even if a party has been advised of the possibility of such damages. Outreach and our affiliates, assignees, officers, employees, agents or other Application users shall neither be responsible or liable for any compensation, reimbursement, or damages caused in connection with (i) Your use or misuse of the Application, (ii) other user’s use or misuse of Your Information, (iii) the cost of procurement of substitute goods or services, (iv) damages caused by third-party systems, and (v) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of Your information or other data. In any case, Outreach and our affiliates, assignees, officers, employees, agents or other Application users, aggregate liability under this agreement and for Your use of the Application shall be limited to the amount You actually pay to Outreach for Your use of the Application during the twelve (12) months preceding the claim.

8. NO WARRANTIES

8.1. The Application, all its content and all products and services provided by Outreach, our affiliates and assignees are provided, except to the extent prohibited by the law, “as is”, “as available” and, without any warranties of any kind, expressed or implied, including but not limited to merchantability, Your expectations of the Application, the information´s accuracy, trueness or correctness or non-infringements. Hence, Outreach, our affiliates and assignees do not warrant that (i) the content of the Application is accurate, reliable or correct, (ii) the Application will be available at any particular time or location, (iii) any content or software available at or through the Application is free of viruses or other harmful components, or (iv) the result of using the Application will meet Your requirements. The use of the Application is solely at Your own risk.

9. INDEMNIFICATION

9.1. You shall indemnify Outreach and our affiliates, assignees, officers, employees and agents with respect to all liability, losses damages, costs, lost profits or other expenses howsoever caused, arising out of or in connection with (i) Your breach of the Terms, (ii) Your gross negligence, (iii) Your uploaded or otherwise supplied information, and (iv) Your use or misuse of the Application.

10. LIMITED ACCESS AND TERMINATION

10.1. If You act in conflict with the Terms or other user instructions or if Outreach, in its sole discretion, believe that You might do so, Outreach has the right to limit, restrict or stop Your access to the Application and/or Your user account.

10.2. Outreach also reserves the right to limit, restrict or stop Your access to the Application or remove Your user account and delete Your Information, without prior notice or liability, if the Information or Your continued use of the Application risks harming Outreach’s trademark or reputation.

10.3. Outreach’s exercise of the rights mentioned above shall not entitle You to any remuneration.

11. DURATION AND TERMINATION

11.1. These Terms are in effect from the registration as a Member and remain in effect for as long as you use the Application. You can terminate the agreement between You and Outreach by deregistering Your account. When You deregister Your account, You agree that Outreach may save and store Your Information and is allowed to use it in manners Outreach sees fit.

11.2. Any saved Information will, when Your account is deregistered, be anonymized, so to have no connection with You or Your deleted account, and will be seen as material generated from Outreach.

12. ASSIGNMENT OF THE AGREEMENT

12.1. You may not in wholly or partly assign or pledge Your rights and/or obligations under the Terms to any third party without the prior written approval of Outreach.

13. SEVERABILITY

13.1. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be limited, modified or severed to the minimum extent necessary to eliminate its invalidation or unenforceability so that the Terms otherwise remain in full force, effect and enforceability.

14. WAIVER

14.1. Outreach’s failure to exercise its rights or failure to declare that Your default shall not conclude a waiver of Outreach’s rights under the Terms.

15. GOVERNING LAW AND DISPUTES

15.1. Outreach is a New Zealand owned and operated Service. This Agreement shall be construed in accordance with and governed by the laws of New Zealand.

15.2. Any and all disputes arising out of the Terms will be resolved in New Zealand.