KORA NEW ZEALAND LIMITED - KORA APP TERMS OF USE.

1.  DOWNLOAD, ACCESS AND USE

1.1   Access: [Kora New Zealand Limited] (We, Our, Us) licenses and operates a cloud based technology platform, including a mobile application (available from the Apple App Store and Google Play), known as Kora Fuel Card (App).

1.2   Licenses: The App can be downloaded, accessed and used by Our customers, and their authorised employees and contractors (You, Your), subject to the terms and conditions set out in these Terms of Use. You must not use the App unless you are authorised by the Customer and agree to these Terms of Use. Your right to access and use the App will come to an end if our agreement with our customer comes to an end.

1.3   Suspension or termination: You agree that We and/or our licensors can suspend or terminate Your access and use of the App (or any part of it) at any time without notice if:

    • You breach these Terms of Use, or it is reasonably suspected that You have, intend to or are likely to, breach, these Terms of Use; or
    • Your right to access and use the App expires or terminates.

2.  USE RESTRICTIONS

2.1   Restrictions: You agree:

    • not to rent, lease, lend, sell, redistribute, sublicense or allow access or use of the App or any content contained on the App to any third party;
    • not to copy, decompile, reverse engineer, disassemble, reproduce, translate, adapt, vary or modify, attempt to derive the source code of, decrypt, or create derivative works of App;
    • ensure that any usernames, passwords, or other user credentials provided to You in respect of App are only used by You, are not shared with any other person, and are kept secure and confidential;
    • not access, or attempt to access, any part of App that You are not permitted to access, or to circumvent any technological security or other rights based access system;
    • not develop or use any software that works in conjunction with App, for example a bot, screen scraper or similar; and
    • not input any data into the App that is incorrect, unreliable or malicious, or that is, or links to any content that is, unlawful, hateful, abusive, defamatory, obscene, discriminatory, or malicious (including any executable code), or that incites the same or similar behaviour.

2.2   Notice: You must immediately notify Us in writing if You breach these Terms of Use, or become aware of any unauthorised use of the App.

2.3   Removal: We or our licensors may (without liability) delete or quarantine any data that you input into the App in breach of these Terms of Use.

 

3.  SECURITY, DATA TRANSMISSION AND OTHER MATTERS

3.1   Access precautions: You must take your own precautions to ensure that the process which you employ for accessing the App does not expose You, the App and its data, to the risk of viruses, malicious computer code or other forms of interference which may damage your device (or any of its content or data).

3.2   Virus risk: We do not warrant that the App or its data, or any linked site, is free of viruses, malicious computer code or other interference. We do not accept responsibility for interference or damage to Your device (or any of its content or data) which arises in connection with your use of App or any linked site.

3.3  Availability: We do not warrant that App will be always available, free from errors, bugs, malfunctions, or other failures. Access and use of the App will be temporarily suspended from time to time for maintenance purposes.

3.4  Transmission: Whilst We will use reasonable endeavours to protect such information, We do not warrant and cannot ensure the security of any information which you transmit using the App. Accordingly, any information that is transmitted using the App is transmitted at Your own risk.

3.5  Other matters: We do not warrant that:

   a.  the App will be compatible with any device or operating system. We (or our licensors) will update device compatibility requirements, minimum operating system requirements, and deem any version of the App end of life, from time to time with or without notice to You;

   b.   any defects, whether notified or not, will be corrected by Us or Our licensors; or

   c.    the App will comply or continue to comply with applicable law.

4.   INTELLECTUAL PROPERTY

4,1  App Ownership: All intellectual property rights in and to the App remain owned by our licensors.

4.2  Data ownership: We will own all data that You input into the App (except your personal information), and all data associated with the operation, performance and use of the App, including without limitation, all analytical information regarding App usage, pump pricing of fuel, and other data in relation to the purchase of goods and services associated with App (Use Data). We are required to transfer ownership of the Use Data to our licensors.

4.3  Restrictions: You must not use the App except as permitted by these Terms of Use. You must not damage, misuse or otherwise endanger Our or Our licensor’s intellectual property rights in relation to the App or otherwise.

4.4  Data loss: We and Our licensors will not be liable for any loss of data input to the App, or any loss, cost, expense or damage suffered or incurred by You as a result of loss or reconstitution of data input into the App.

 

5.      GOVERNING LAW

5.1      These Terms of Use are governed by New Zealand law.

6.     PRIVACY

6.1     Use of the App is subject to Our Privacy Policy, which is available [here].  We may update Our privacy policy from time to time, by updating the version set out on Our website. Details regarding the correction of personal information, contact details for Our privacy officer and other information are set out in Our privacy policy.

7.      AMENDMENTS TO TERMS AND CONDITIONS

7.1     We reserve the right to amend these Terms of Use from time to time. Any amendments will be effective immediately when available on App. Your continued use of App following such notification will represent an agreement by You to be bound by the amended Terms of Use.

8.      CONTACT

Customer Users: If you have any queries regarding these Terms of Use, please contact us via email - kora-app@kora.co.nz