By installing, and using, the Application (as defined below), you agree to be bound by these terms of use (“App Terms”) (including any updates from time to time). Please review them carefully before installation.
The “Application” means the software provided by Rothbury Insurance Brokers to offer services related to Rothbury, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Application.
PURPOSE AND USE OF THIS APPLICATION
This Application is intended for use by Rothbury clients living in New Zealand or with insurable interests in New Zealand to provide information on, and access to, Rothbury’s insurance services. Rothbury makes no representations that it is appropriate for other purposes and does not accept any responsibility if it is used for such other purposes. New Zealand law governs and New Zealand courts have exclusive jurisdiction.
Any personal information you supply to Rothbury when using the Application will be stored, used and disclosed by Rothbury in accordance with the Privacy Act 2020. Information will be held by Rothbury at HSBC Tower, Level 25, 188 Quay Street, Auckland. Individuals have the right to request access to, and correction of, their personal information.
Users will take responsibility for and use best endeavors to prevent, any unauthorised use of, access to Application and to protect your personal information and the security passwords used to access the Application.
Any loss of the mobile device used to access the Application will be reported to Rothbury immediately.
INTELLECTUAL PROPERTY
All trade marks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by Rothbury or by Rothbury’s licensors.
Rothbury hereby grants you a worldwide, non-exclusive, royalty-free revocable license to use the Application for your business and personal use in accordance with these App Terms.
CONDITIONS OF USE
You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
The Application is currently made available to you free of charge for your personal, non-commercial use. Rothbury reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these App Terms, at any time and for any reason.
You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply when using the Application. As a result, you may be charged by the mobile network provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
You agree to indemnify Rothbury and it subsidiaries, officers and employees in respect of any loss, damage or liability (including reasonable legal expenses) arising out of or in connection with your use of the Application, your breach of these App Terms or any other person accessing and/or using the Application on your mobile device.
AVAILABILITY
This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. Rothbury will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Rothbury’s reasonable control.
Rothbury, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
SYSTEM REQUIREMENTS
In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’).
The Software Requirements are as follows: Apple iOS 8, and Android OS devices running Android OS 4.0.3; language: English.
The version of the Application software may be upgraded from time to time to add support for new functions and services.
TERMINATION
Rothbury may terminate use of the Application at any time by giving notice of termination to you.
You may request termination of the Application on a mobile device for whatever reason, including change in or loss of the device, by notifying Rothbury.
Upon any termination, (a) the rights and licenses granted to you herein will terminate; (b) you must cease all use of the Application on that device.
LIMITATION OF LIABILITY
In no event will Rothbury be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
Rothbury is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
Nothing in these App Terms shall exclude or limit Rothbury’s liability which cannot be excluded or limited under applicable law.
DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, and for the avoidance of doubt, Rothbury hereby disclaims all implied warranties with regard to the Application. The Application and software are provided “as is” and “as available” without warranty of any kind.