Terms of Service

Last updated, 25th September 2018.

  1. Terms
    1. By accessing any websites, mobile sites, mobile applications, products or services offered by Wobbl Apps Limited (Wobbl) (including the website at http://www.wobbl.co.nz or http://www.wobbl.io or the Wobbl mobile app) (Wobbl System), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms of service, you are prohibited from using or accessing the Wobbl System. These terms of service should be read in conjunction with Wobbl’s privacy policy.
    2. Wobbl reserves the right, at any time, to update and change any or all of these terms of service, in our sole discretion, including but not limited to the fees and charges associated with the use of the Wobbl System. If Wobbl does so, Wobbl will post the modified terms of service on its websites, though you will be notified of any changes that, in Wobbl’s sole discretion, materially impact these terms of service. Continued use of the Wobbl System after any changes have been made will constitute your consent to such changes.
    3. Our Services are not intended to be used by anyone under the age of 13. We will not allow anyone under 13 to register to use the Service and we discover someone under the age of 13 is using the Service we will immediately remove access to the Service. If you are a parent or guardian and you are aware that your child has registered to use the Service, please contact us so we can remove access to the Service for your child.
    4. You are responsible for regularly reviewing the most current version of these terms of service, which are currently available at: http://www.wobbl.co.nz/legal. When we change these terms of service, we will modify the "Last modified" date at that page.
  2. User License
    1. Permission is granted to use the Wobbl System for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
      1. modify or copy the materials on the Wobbl System;
      2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
      3. attempt to decompile or reverse engineer any software contained on the Wobbl System;
      4. remove any copyright or other proprietary notations from the materials on the Wobbl System; or
      5. transfer the materials on the Wobbl System to another person or "mirror" the materials on any other server.

      This license will automatically terminate if you violate any of these restrictions and may be terminated by Wobbl at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials from the Wobbl System in your possession whether in electronic or printed format and uninstall the Wobbl System from any of your devices.

  3. Your Obligations
    1. You must provide true, current and complete information in your dealings with Wobbl (including when setting up an account on the Wobbl System), and must promptly update that information as required so that the information remains true, current and complete.
    2. You must:
      1. 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 Wobbl System, or otherwise attempt to damage or interfere with the Wobbl System; and
      2. unless with Wobbl’s written agreement, access the Wobbl System via standard web browsers or the Wobbl mobile app 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.
    3. You indemnify Wobbl against all Loss that Wobbl suffer or incur as a direct or indirect result of your failure to comply with these terms of service, including any failure of a person who accesses and uses the Wobbl System by using the log in details supplied to you by Wobbl.
  4. Disclaimer
    1. The materials on the Wobbl System are provided on an 'as is' basis. Wobbl makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
    2. Further, Wobbl does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Wobbl System or otherwise relating to such materials or on any sites linked to this site.
    3. Wobbl has not reviewed the sites linked to the Wobbl System and is not responsible for the contents of any such linked site. Visiting or using any such linked website is at your own risk.
    4. To the extent permitted by law, Wobbl and its licensors have no liability or responsibility to you or any other person for any Loss suffered by you in connection with:
      1. the Wobbl System being unavailable (in whole or in part) or performing slowly; any error in, or omission from, any information made available through the Wobbl System;
      2. 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 the Wobbl System. To avoid doubt, you are responsible for ensuring the process by which you access and use the Wobbl System protects you from this; and
      3. any site linked from the Wobbl System. Any link on the Wobbl System to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
    5. Wobbl makes no representation or warranty that the Wobbl System 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 the Wobbl System is not illegal or prohibited, and for your own compliance with applicable local laws.
  5. Content on Wobbl System
    1. You undertake to adhere to the terms and conditions of each Social Media Platform, except where such terms may require you to act contrary to these terms of service.
    2. You warrant that you are at least the minimum age required to access a Social Media Platform. You acknowledge and agree that you will access any age restricted content on a Social Media Platform available via the Wobbl System at your own risk.
    3. The materials appearing on, or accessed via, the Wobbl System could include technical, typographical, or photographic errors. Wobbl does not warrant that any of the materials on, or accessed via, the Wobbl Sytem are accurate, complete or current. You agree that Wobbl has no responsibility or liability for any materials accessed on a Social Media Platform via the Wobbl System.
    4. Wobbl may delete, or make changes to, the materials on the Wobbl System at any time without notice. However, Wobbl does not make any commitment to remove, update or correct such materials.
    5. You agree not to use the Wobbl service for or any unlawful purposes; including but not limited to;
      1. to search, promote, or otherwise propagate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable;
      2. to harm minors in any way, including, but not limited to, search, promote, or otherwise propagating content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
  6. Limitations
    1. In no event will Wobbl or its suppliers be liable for any Loss arising out of the use or inability to use the materials on, or accessed via, the Wobbl System, even if Wobbl or a Wobbl authorized representative has been notified orally or in writing of the possibility of such damage.
    2. To the maximum extent permitted by law:
      1. you access and use the Website at your own risk; and
      2. we are not liable or responsible to you or any other person for any Loss under or in connection with these terms of service, the Wobbl System, or your access and use of (or inability to access or use) the Wobbl System. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
  7. Suspension and Termination
    1. Without prejudice to any other right or remedy available to Wobbl, if Wobbl considers that you have breached these terms of service or Wobbl otherwise considers it appropriate, Wobbl may immediately, and without notice, suspend or terminate your access to the Wobbl System (or any part of it).
    2. Wobbl may at any time. by written notice to you. immediately terminate these terms of services and stop your access to the Wobbl System.
    3. On suspension or termination, you must immediately cease using the Wobbl System and must not attempt to gain further access.
  8. General
    1. If Wobbl needs to contact you, Wobbl may do so by email or by posting a notice on the Wobbl System or by sending a message to you via your profile on a Social Media Platform. You agree that this satisfies all legal requirements in relation to written communications.
    2. These terms of service, and any dispute relating to these terms of service or the Wobbl System, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these terms of service or the Wobbl System.
    3. For us to waive a right under these terms of service, the waiver must be in writing.
    4. Clauses which, by their nature, are intended to survive termination of these terms of service continue in force.
    5. If any part or provision of these terms of service 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 of service. The remainder of these terms of service will be binding on you.
    6. These terms of service set out everything agreed by the parties relating to your use of the Wobbl System and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these terms of service. You acknowledge you have not relied on any representation, warranty or agreement relating to the Wobbl System that is not expressly set out in the terms of service, and no such representation, warranty or agreement has any effect from the date you agreed to these terms of service.
  9. Defined Terms
    1. Unless the context otherwise requires, in these terms of service:
      • Loss includes loss of profits, loss of business, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
      • Social Media Platform means Facebook, Instagram, YouTube, Twitter or any other social media platform later accessible via the Wobbl System.