My life My Voice Terms of Use
1. APPLICATION OF TERMS
1.1. These Terms apply to your use of the Service. By setting up an account, you agree to these Terms.
1.2. If you do not agree to these Terms, you are not authorised to access and use the Service, and you must immediately stop doing so.
2. USE OF THE SERVICE
2.1. You must be at least 18 years of age to create an account on the Service and use the Service (whether as a User or a Supporter).
2.2. The Service may only be used by individuals located in New Zealand. We make no representation or warranty that the Service is appropriate or available in any other country, or that the content satisfies the laws of any other country. If you use the Service outside of New Zealand, you do so at your own risk, and we expressly disclaim any responsibility and/or liability in connection with that use.
3. CHANGES
3.1. We may change these Terms at any time by updating them on the Service. 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 the Service, you agree to be bound by the changed Terms.
3.2. We may suspend, discontinue, or restrict access to, the Service without notice or liability.
3.3. These Terms were last updated on 19 Feb 2024.
4. INTERPRETATION
In these Terms:
Apple means Apple Inc. and its subsidiaries.
Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the Service.
Force Majeure means an event that is beyond the reasonable control of a party, excluding:
▲ an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; or
▲ a lack of funds for any reason.
including and similar words do not imply any limit.
Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
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.
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
personal information means information about an identifiable, living person, and includes health information under the Health Information Privacy Code 2020.
Privacy Law means the Privacy Act 2020 and the Health Information Privacy Code 2020.
Service means the My Life My Voice mobile app which connects individuals with disabilities (and their whānau) with Supporters to obtain support and assistance, and connects individuals with disabilities (and their whānau) with individuals in similar situations. The Service includes the registration of Supporters and their use of the app. The Service may be updated, modified or replaced by us from time to time. For a more detailed description of the Service, see our website.
Start Date means the date on which you set up an account to use the Service or first access or use the Service, whichever is the earlier.
Supporter means a kaitūhono/connector or peer supporter who is registered to use the Service to provide support and assistance to Users.
Terms means these terms titled My Life My Voice Terms of Use.
Underlying Systems means the IT solutions, systems and networks (including software and hardware) used to provide the Service, including any third party solutions, systems and networks.
User means an individual with a disability, or a member of their whānau, who seeks to connect with Supporters through the Service to obtain support and assistance, and to connect with individuals in similar situations.
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Service.
Vetted Supporter means a Supporter who (i) has provided us with a recent Police vetting report to confirm that, at the time of registration, they do not hold any New Zealand convictions; and (ii) continues to meet the vetting requirements set out in clause 7.2.
We, us or our means My Life My Voice Charitable Trust.
you or your means you (who may be a User or Supporter).
4. ABOUT US
4.1. We are a charitable trust with the purpose of bringing together disabled people from across Aotearoa to help each of them to live their best life. The purpose of the Service is to provide an app through which Users can connect with Supporters and other Users.
4.2. The Service is simply a forum on which Users may connect with Supporters and other Users. We are not a party to any discussion, engagement, or other connection between you and other Users and Supporters, and we have no liability and/or responsibility for anything that happens between you and another User or Supporter. Other than our obligations set out in these Terms, we are not liable to You for any failure by any other User or Supporter to comply with these Terms.
5. PROVISION OF THE SERVICE
5.1. We will use reasonable efforts to provide the Service to you in accordance with these Terms.
5.2. From time to time, the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure.
5.3. You acknowledge that the Service may link to third party websites, services or feeds that are connected or relevant to the Service. Any link from the Service does not imply that we endorse, approve or recommend, or have responsibility for, those websites, services or feeds or their content or operators. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites, services or feeds.
5.4. To the extent permitted by law, you acknowledge and agree that:
a. we make no warranty or representation about the accuracy, completeness, or appropriateness of any information, opinion or content made available via the Service by any third party (including any Supporter or other User). You agree that we do not endorse, and are not responsible or liable for, the accuracy and reliability of any information, opinion or content made available via the Service by anyone other than by us;
b. any information, opinion or content provided via the Service has been prepared for the purpose of providing information, and is designed for educational purposes only. No information, opinion and content is intended to provide medical advice or is designed to rectify, treat or cure any specific medical condition, disease, or disability. You should not rely on this information, opinion or content as a substitute for medical advice or professional diagnosis or treatment. We suggest you seek the advice of a healthcare professional, as appropriate, regarding the evaluation of any specific information, opinion or content you obtain via the Service; and
c. any content made available to you via the Service is based on information provided by you, and you are solely responsible for ensuring that the information provided is accurate and up to date.
6. YOUR OBLIGATIONS
6.1. You must provide true, current, and complete information in your dealings with us and any other User or Supporter (including when setting up an account) and must promptly update that information as required so that the information remains accurate and up to date.
6.2. You must:
a. use the Service in accordance with these Terms solely for your own lawful, personal and non-commercial purposes; and
b. not resell or make available the Service to any third party, or otherwise commercially exploit the Service . You may not use the Service or any content contained in, or information derived from, the Service for any commercial purposes without our express prior written consent.
6.3. If you are given a User ID, you must keep your User ID secure and:
a. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b. immediately notify us if you become aware of any disclosure or unauthorized use of your User ID, by sending an email to admin@mylifemyvoice.org.nz.
6.4. You must:
a. 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, the Service or any Underlying System, or otherwise attempt to damage or interfere with the Service or any Underlying System; and
b. unless with our agreement, access the Service via standard mobile operating systems 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.
6.5. When accessing and using the Service and interacting with other Users and Supporters, you must:
a. not impersonate another person or misrepresent authorization to act on behalf of others or us;
b. correctly identify the sender of all electronic transmissions;
c. comply with all laws (including the New Zealand Unsolicited Electronic Messages Act 2007 and Privacy Law);
d. not attempt to undermine the security or integrity of the Underlying Systems;
e. not use, or misuse, the Service in any way which may impair the functionality of the Underlying Systems or impair the ability of any other person to use the Service;
f. not attempt to view, access or copy any material or data other than:
i. that which you are authorised to access; and
ii. to the extent necessary for you to use the Service in accordance with these Terms;
g. neither use the Service in a manner, nor transmit, input or store any Data, that breaches any laws (including Privacy Laws) or third party right (including Intellectual Property Rights and privacy rights) or is (as determined by us in our sole discretion) Objectionable, incorrect or misleading. To avoid doubt, Objectionable, incorrect or misleading use of the Service includes any use that promotes, supports or furthers:
i. hatred, bigotry, racism or physical or emotional harm of any kind against any group or individual;
ii. obtaining money from other persons using the Service, by fraudulent or other means; or
iii. the exploitation of, or collection of personal information relating to, anyone under the age of 18; and
h. not input, transmit, display or otherwise make available any material or data that includes images, or the personal information, of another person without their permission.
6.6. To the maximum extent permitted by law, 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 the Service by using your User ID.
6.7. As part of the Service, we may provide access to a community forum (a chat room) for Users and Supporters to use. Your access and use of that forum is subject to these Terms (including, to avoid doubt, clauses 5.4 and 6.5.g) and any additional terms posted by us on that forum.
7. ADDITIONAL OBLIGATIONS FOR SUPPORTERS
7.1. If you are a Supporter:
a. you must only describe yourself as a Vetted Supporter (or any similar phrase that implies that you are a Vetted Supporter) where we have confirmed to you in writing that you have successfully passed vetting for the Service;
b. to the extent that a User provides you with personal information, must comply with Privacy Law;
c. any support, advice or assistance you provide via the Service will comply with good industry practice in New Zealand, including any health and safety law;
d. you must not charge a User for any support provided via the Service; and
e. you must have the skills, experience and qualifications to properly provide the support that you provide via the Service.
7.2. If you are a Vetted Supporter, you must undergo Police vetting at least every 3 years from your registration date and provide us the vetting report to confirm that, at the time of supply, you do not hold any New Zealand convictions. If you do not supply that report or we are not satisfied with it (in our sole opinion), you may no longer describe yourself as a Vetted Supporter.
8. DATA
8.1. You acknowledge that:
a. we may require access to the Data to exercise our rights and perform our obligations under these Terms; and
b. to the extent that this is necessary, we may authorise a member or members of our personnel to access the Data for this purpose.
8.2. You must arrange all consents and approvals that are necessary for us to access the Data as described in clause 8.1.
8.3. To the extent the Data contains personal information, in collecting, holding and processing that information via the App, we will comply with Privacy Law and our privacy policy available at www.mylifemyvoice.org.nz.
8.4. You acknowledge and agree that:
a. we may:
i. use Data and information about your use of the Service to generate anonymized and aggregated statistical and analytical data (Analytical Data);
ii. use Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights; and
iii. supply Analytical Data to third parties;
b. our rights under clause 8.4.a above will survive termination or expiry of these Terms; and
c. title to, and all Intellectual Property Rights in, Analytical Data is and remains our property.
8.5. We may, but are not obliged to, access, read, store and disclose any Data we believe is necessary to:
a. satisfy any applicable law, regulation, legal process or governmental request;
b. enforce these Terms, including investigating suspected or potential violations of these Terms; or
c. protect the rights, property, privacy or safety of us, our customers (including you) or the public.
8.6. While we will take standard industry measures to back up all Data stored using the Service, you agree to keep a separate back-up copy of all Data uploaded by you onto the Service.
8.7. You agree that we may store Data (including any personal information) in secure servers in New Zealand, Singapore and the USA, and we may access that Data (including any personal information) in those locations and New Zealand from time to time.
8.8. You indemnify us against Loss of any kind arising from any actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is Objectionable, incorrect or misleading.
9. FEES AND PAYMENT
9.1. As at the Start Date, use of the Service, and access to a Supporter, is free.
9.2. If you are a Verified Supporter, we may, in the future, agree to pay you for support services that you make available via the Service. Any such payment will be subject to you signing a separate agreement with us relating to that payment, including setting out your role and performance obligations that we require in exchange for that payment.
10. INTELLECTUAL PROPERTY
10.1. Subject to clause 10.2, title to, and all Intellectual Property Rights in the Service and all Underlying Systems is and remains our property (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel and any enhancement, modification or derivative work). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
10.2. Title to, and all Intellectual Property Rights in, your Data (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.
10.3. If you provide us with ideas, comments or suggestions relating to the Service or Underlying Systems (together feedback):
a. all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
b. we may use or disclose the feedback for any purpose.
11. DISCLAIMERS
11.1. While we can confirm that Vetted Supporters have supplied us with a recent (up to 3 years old) Police vetting report to confirm that they do not hold any New Zealand convictions, you acknowledge and agree that we do not otherwise conduct criminal background or other checks on Users or Supporters, and do not verify (and cannot guarantee) the identity, statements, or suitability of Users and Supporters. We make no representation or warranty as to the conduct of any User or Support, or any content or data (including Data) made available via the Service. Before you engage and/or connect with other Users and Supporters, you should ensure you have conducted due diligence on the other person to confirm that they are someone with whom you wish to engage.
11.2. All data (including Data) and content made available to you through your use of the Service is the sole responsibility of the person from whom that data or content originated, and we are not responsible for it (or any errors or omissions in it). We do not monitor Users, Supporters, data (including Data), or other content.
11.3. To the maximum 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:
a. the Service not being operational (in whole or in part) or performing slowly;
b. the conduct, whether online or offline, of any person using the Service (including your own conduct). You must exercise all necessary precautions when communicating with, and/or meeting other Users or Supporters you connect with through the Service;
c. any error in, or omission from, any information made available via the Service; and
d. any exposure to viruses or other forms of interference which may damage your device or expose you to fraud when you access or use the Service. To avoid doubt, you are responsible for ensuring the process by which you access and use the Service protects you from this.
11.4. To the maximum extent permitted by law:
a. the Service is provided as is and as available without warranty of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose;
b. all conditions, guarantees or warranties whether expressed or implied by statute or otherwise are expressly excluded and, to the extent that they cannot be excluded, liability for them is limited to NZD10; and
c. we make no representation concerning the quality of the Service and do not promise that your use of the Service will be secure, uninterrupted or error free.
12. iOS APPS
12.1. Where you download, install or use the Service on an Apple mobile device, this clause 12 applies.
12.2. We and you acknowledge that:
a. these Terms are between us and you, and Apple is not a party to these Terms;
b. to the maximum extent permitted by law, Apple has no responsibility or liability in respect of any matter relating to the Service or the content made available to you via the Service, including:
i. your use or possession of the Service or the content made available to you via the Service; and
ii. the provision of any maintenance or support services for the Service;
c. Apple has no responsibility to address any claims you may have relating to the Service or your possession and use of the Service, including:
i. product liability claims;
ii. any claim that the Service fails to conform to any applicable legal or regulatory requirement;
iii. claims arising under consumer protection, privacy or similar legislation; or
iv. any claim that the Service, or your possession and use of the Service, infringes a third party’s intellectual property rights.
12.3. Without limiting clause 12.2, if the Service fails to conform to any applicable warranty:
a. you may notify Apple, and Apple may refund the purchase price (if any) for the iOS version of the Service; and
b. to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the Service.
12.4. You must comply with applicable third party terms when using the Service(e.g. your wireless data service agreement and any terms that Apple itself imposes on app users).
12.5. You acknowledge and warrant that 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 you are not listed on any U.S. Government list of prohibited or restricted parties.
12.6. We and you agree that Apple, and any Apple subsidiary, are third party beneficiaries of the terms in this clause 12 and that Apple has the right to enforce the terms in this clause 12 against you as a third party beneficiary.
13. LIABILITY
13.1. To the maximum extent permitted by law:
a. you access and use the Service at your own risk; and
b. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Service, or your access and use of (or inability to access or use) the Service. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
13.2. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the Consumer Guarantees Act 1993 (New Zealand) 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 NZD10.
13.3. To the maximum extent permitted by law and only to the extent clauses 13.1 and 13.2 of these Terms do not apply:
a. our total liability to you under or in connection with these Terms, or in connection with the Service, or your access and use of (or inability to access or use) the Service, must not exceed NZD100; and
b. we are not liable to you under or in connection with these Terms or the Service for any consequential, indirect, incidental, or special damage or Loss of any kind.
14. TERMINATION AND SUSPENSION
14.1. Without limiting any other right or remedy available to us, we may immediately, and without notice, restrict or suspend your access to and use of the Service (or any part of it) and/or delete, edit or remove the relevant Data if we consider that you have:
a. undermined, or attempted to undermine, the security or integrity of the Service, the Service, or any Underlying Systems;
b. used, or attempted to use, the Service:
i. for improper purposes; or
ii. in a manner, other than for normal operational purposes, that materially reduces the operational performance of the Service;
c. transmitted, inputted or stored any Data that breaches or may breach these Terms or any third party right (including Intellectual Property Rights and privacy rights), or that is or may be (as determined by us in our sole discretion) Objectionable, incorrect or misleading; or
d. breached these Terms or we otherwise consider it appropriate.
14.2. On suspension or termination, you must immediately cease using the Service and must not attempt to gain further access.
14.3. You may terminate these Terms and your right to access and use the Service at any time by ceasing to use the Service.
14.4. Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
14.5. No compensation is payable by us to you as a result of termination of these Terms for whatever reason.
15. GENERAL
15.1. We are not liable to you for any failure to perform our obligations under these Terms to the extent caused by Force Majeure.
15.2. If we need to contact you, we may do so by email or by posting a notification through the Service. You agree that this satisfies all legal requirements in relation to written communications.
15.3. These Terms, and any dispute relating to these Terms or the Service, 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 the Service.
15.4. If you have a dispute with another User or a Supporter:
a. you authorise us to provide your contact details to the other User or Supporter to enable you and them to discuss and attempt to resolve that dispute (even if that other person has not advised you of the dispute);
b. you must resolve any dispute you have with another User of the Service or a Supporter directly with that other User or Supporter. If You cannot resolve the dispute directly, you are responsible for taking any legal action as you consider appropriate against the applicable User or Supporter to resolve that dispute and without reference to us; and
c. except for the provision of contact details under clause 15.4, you will not request us to supply any information, express any view, provide any assistance, or otherwise be involved, in that dispute. Any issue you have with another person using the Service is a matter between you and that other person.
15.5. For us to waive a right under these Terms, the waiver must be in writing.
15.6. Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 8.4, 8.8, 10, 11, 13, 14, 15.3, 15.4, and 15.6, continue in force.
15.7. 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 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.
15.8. These Terms set out everything agreed by the parties relating to your use of the App, 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 the App that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
16. CONTACT US
If you have any questions, complaints or claims in relation to these Terms or the Service, please contact:
Name: Sheree Garth
Email: admin@mylifemyvoice.org.nz