2.1 Wherewolf reserves the right to amend or update these Terms at any time with or without notice to Users, and may also add new features or functionality to, or change or remove existing features or functionality from, the Application that will be subject to the Terms. Any User who continues to use the Application after any changes are made will be taken to have agreed to those changes.
3. The Application
3.1 In these Terms the term “Customer” means the User’s potential or actual customer. The Application is designed to facilitate customer check ins, bookings, registration and staff management for operators in (without limitation) the tourism and/or hospitality industry that also records customer information and data (the “Services”). Upon downloading or installing the Application a User will be able to have Customers enter in the Application all necessary and relevant information to complete a Customer’s booking or reservation for the Services.
3.2 Wherewolf hereby grants to the User a personal, limited, worldwide, non-exclusive, revocable, non-transferrable and non-assignable licence to download, install and use the Application on each User’s own Device from the date of download for a period of 12 months strictly in accordance with these Terms.
3.3 Wherewolf may release new versions of the Application from time to time, and require all Users to download and use the latest version. The Application may only be used in accordance with these Terms, and Users and Merchants must not (and must not attempt to) copy, reproduce, modify, adapt, reverse-engineer or decompile the Application in any way.
4. Customer Information
4.1 In order for a User to obtain from its Customer’s all necessary information from the provision of the Services via the Application, Customers will need to provide certain information about themselves (as prompted by the Application) (“Customer Information”). All Customers must provide true, accurate and current Customer Information.
4.2 The User shall disclose to the Customer that the user is using the Application under licence from Wherewolf and the User shall make it a term of the Customer’s use of the Application that the Customer consents to Wherewolf using the Customer Information (including without limitation the Customer’s telephone number and email address) for Wherewolf’s research, marketing and promotional purposes, or Wherewolf providing such Customer Information to a third party for its use for such purposes.
4.3 For the avoidance of doubt, the User grants Wherewolf an exclusive, worldwide, royalty-free licence to use such Customer Information solely for the purposes of supplying the Services, including disclosing such Customer Information to third parties as necessary (for example, disclosing limited Customer Information to other suppliers of goods/services in the provision of the Services), as well as for Wherewolf’s research, marketing and promotional purposes.
4.4 The User indemnifies, and will keep indemnified, Wherewolf against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Wherewolf may incur or be subject to or suffer as a result of the User not obtaining a Customer’s consent to Wherewolf using the Customer Information for Wherewolf’s research, marketing and promotional purposes.
5. Cancellation of Accounts
5.1 User’s are entitled to cancel their account within the term only by agreement with Wherewolf.
5.2 Wherewolf may cancel the User’s account at any time, by giving 30 days’ notice in writing. Wherewolf may, in its discretion choose to withdraw or discontinue the provision, operation and/or support of the Application at any time, and shall have no liability to any Users if it chooses to do so.
5.3 All cancellations will result in the deactivation or deletion of the User’s account.
6.1 The User must pay a sign-up fee to Wherewolf in advance and then an on-going licensing fee in order to use the Application (“Fees”). The Fees charged by Wherewolf are to be agreed in writing with the User. Fees will be invoiced to Users on a weekly basis. Fees are subject at all times to change by Wherewolf giving 30 days’ notice, which will be emailed to the User.
7.1 All Fees are exclusive of all taxes (including without limitation New Zealand goods and services tax), and the User indemnifies Wherewolf 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.
8. Malfunctions and Technical Support
8.1 Wherewolf takes all reasonable steps to ensure that the Application will function as intended once it is downloaded or installed by Users. However, Wherewolf shall not be liable if at any time the Application malfunctions and/or causes any loss or damage to Users, or for any other loss or damage suffered as a result of any partial or total breakdown of, or inability to use, the Application. Wherewolf will try to promptly address (during normal business hours) all technical issues that arise in relation to the Application.
9.1 Each User will be responsible and liable for all transactions effected through their use of the Application. Wherewolf will not be held accountable if a User suffers any loss or damage as a result of the use of the Application.
10. Warranties and Liability
10.1 The Application and all content, functionality and features within it are provided “as is” and without warranties or representations of any kind either expressed or implied. To the greatest extent permitted by law, Wherewolf disclaims and excludes all warranties, terms and representations that may otherwise be implied, including any warranties as to compatibility, satisfactory quality, and fitness for a particular purpose, or that content, information or functionality of the Application is accurate, error-free or uninterrupted, and/or does not infringe the rights of any third party.
10.2 Wherewolf shall not be liable for any damages, loss or injury arising in connection with these Terms and/or use of, or the inability to use, the Application or any function or services provided by the Application, howsoever caused and whether arising in contract, tort (including negligence) or otherwise, or if a User’s (or a User’s customer’s) data is disclosed or accessed without authorization.
10.3 While Wherewolf uses reasonable efforts to ensure that the Application is free from viruses and other malicious content, neither Wherewolf nor any other party involved in producing or delivering the Application assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, Users’ computers or mobile devices or other property on account of access to or use of the Application.
10.4 Each User indemnifies, and will keep indemnified, Wherewolf against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Wherewolf may incur or be subject to or suffer as a result of the User’s use of the Application and the services and functionality provided by it.
11. No Illegal or Malicious Use
11.1 No User may use the Application for any illegal or unauthorised purpose, or for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other User.
12. Intellectual Property and Privacy
13.1 No User or Merchant may publish or use Wherewolf’s brand, branding or logos except with Wherewolf’s prior written consent. Users must not remove or alter any copyright or other proprietary notices contained within the Application.
14.1 Wherewolf takes reasonable measures to keep User information and Customer Information secure against unauthorised use or access. However, Users shall be responsible for maintaining the security of access and use of the Application once the Application has been downloaded or installed.
14.2 Wherewolf shall not be liable for any loss, cost or damage suffered as a result of any unauthorised use of the Application by any third party caused by a User’s failure to comply with these provisions. Users must notify Wherewolf immediately if they suspect or become aware of any unauthorised or fraudulent use of the Application.
15.1 If a User does not comply with any aspect of these Terms, Wherewolf may (without prejudice to any other rights or remedies available to it) cancel or suspend that User’s account, disable the ability of that User to use the Application, and/or terminate these Terms (including the licence granted within it) Wherewolf shall not be liable for any loss or damage suffered by Users as a result of Wherewolf exercising its rights under this clause.
16. Governing Law and Jurisdiction
16.1 These Terms shall be governed by New Zealand law, and all Users submit to the exclusive jurisdiction of the New Zealand Courts for any matter or dispute arising in relation to these Terms.