TERMS

SMARTCART by IMAGR TERMS OF USE

  1. These are our terms (“Terms”)
    • SMARTCART by IMAGR is a personalised shopping software solution provided by IMAGR Limited (“us“, “we“) through our mobile application (the “App“) and in-store Bluetooth and image recognition software enabled shopping carts and related equipment (“Smartcarts“) and related website (together, the “Service“).
    • These Terms apply to your use of the Service. By registering to use the Service, you accept and agree to be bound by these Terms.  If you do not accept these Terms, you should not use the Service.
    • Our Privacy Policy applies to the handling, storage, and use of any personal information you submit to us and forms part of these Terms. You should read our Privacy Policy.
    • Additional terms may apply to specific goods or services or online tools or functions provided through or on the App, any related website or as part of the Service. Where we indicate (for example, in the App) that additional terms apply, you must read these Terms in conjunction with those additional terms.  If there is any inconsistency between these Terms and those additional terms, the additional terms will prevail (unless we expressly tell you otherwise).
  2. We can amend these Terms
    • We can amend these Terms at any time. Amendments will be effective immediately when posted on the App or as otherwise notified to you.  You are responsible for ensuring you are familiar with the latest Terms.  By continuing to use the Service, you agree to be bound by the Terms as amended (whether or not you have received any amendments).  You can always find the current version of the Terms https://imagr.co/smartcart-terms-of-use/
  3. How you should use the Service
    • You agree to only use the Service in a way that complies with all applicable laws and regulations, that does not infringe our rights, other users’ rights and the rights of third parties, and that does not inhibit or restrict other users’ enjoyment of the Service.
    • Without limiting clause 1, in particular, you agree not to:
      • damage or harm the App, the Smartcarts, or any underlying or connected equipment, network or system;
      • use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access the App or content featured on it for any purpose; introduce any viruses, content or code to the App that is technologically harmful; or do anything that could disable, overburden, or impair the proper working of the Service, such as a denial of service attack;
      • use the Service to do anything unlawful, misleading, malicious, or discriminatory; or
      • facilitate or encourage any violations of these Terms;
      • or attempt to do any of the above.
    • You are responsible for all activity resulting from your use of the Service. You indemnify us, and will keep us indemnified, against all forms of liability, action, proceeding, demand, cost, change and expense which we may incur, be subject to or suffer as a result of your use of the Service (except to the extent caused by us).
    • Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms, we may:
      • limit your activities on the App;
      • issue a warning to you;
      • suspend or cancel your access to the Service;
      • co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any content in breach of these Terms; and/or
      • disclose your identity and any other information we hold about you to any law enforcement authority if we believe this would assist to prevent the commission of any crime against a person or persons.
  4. Account and payment
    • If you wish to access the App and use the Service then you must create an account on the App (your “Account“). Registering an Account is free.
    • The Service facilitates your purchasing of goods from a third party (a “Store“) and you understand that using the Service will result in you being charged for goods you purchase from the Store (“Charges”). After you have made a final selection of goods (by adding them to a Smartcart, and removing goods from the Smartcart if you decide to change your selection), we will facilitate your payment of the applicable Charges on behalf of the Store, as their limited payment collection agent.  We will use a third party payment processing agent to process your payment.
    • Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Store. Charges will be inclusive of applicable taxes where required by law.  Charges paid by you are final and non-refundable, unless otherwise determined by us or the Store. You retain all applicable rights as a consumer under New Zealand law.  Charges are set at the discretion of the Store and we will respond accordingly to any request from a Store to modify the Charges for a particular good.
    • All Charges are due immediately when you exit the Store and payment will be facilitated by us using the preferred payment method designated by you in your Account. You may choose to pay the Charges on the App manually before you exit the Store.  If you do not pay the Charges manually, the Charges will be paid automatically when you un-pair from the Smartcart using the preferred payment method designated by you in your Account.  Your receipt will be viewable in your Account after payment.
    • If your preferred payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that we may, as the Store’s limited payment collection agent, use a secondary payment method in your Account, if available.
    • We will use reasonable efforts to inform you of the Charges that will apply before payment is due, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. You may elect to cancel your purchase of goods from a Store at any time prior to payment.
    • Any issues relating to the purchase of goods, refunds, exchanges and the Charges are between you and the Store.
    • The payment method described in this clause 4 is intended to fully compensate the Store for the goods provided to you, however, in the event that you are under-charged for the goods you receive in the Store, you understand and agree that you will be liable for any additional Charges that apply. We reserve the right to require additional payment from you in these circumstances, to meet any under-charged value.
    • You may only register for an account if you are resident in New Zealand. By registering for an account, you warrant that you are 18 years old and that you can form a legally binding contract.
  5. Your account information
    • You warrant that you have provided complete, accurate and current personal information such as your full legal name, email address and a valid payment method when registering for an Account (“Account Information“) and you agree to maintain and promptly update your Account Information to ensure it is kept current at all times. If you do not submit details of a valid payment method as part of your Account Information then you will not be entitled to create an Account or use the Service.
    • You must not register as a member under multiple identities or personas (whether false or not). However, at our discretion, you may create a business membership in addition to your personal membership.
    • We will take reasonable precautions to keep your Account secure and protect it from unauthorised access, however you agree that we are entitled to rely on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process actions or requests you submit to the App and that we may do so without further enquiry.
    • You agree to keep your log in details and password secure and agree not to share your password with anyone else. We will not be liable for any loss or damage if you fail to comply with this security obligation.
    • You acknowledge that the internet is inherently insecure. You accept the risk that any information stored or transmitted on the internet or through email may be intercepted or subject to unauthorised access or fraudulent behaviour.  If you think someone is accessing your Account without your consent or if you would like to report disclosure of your Account Information, please contact us at hello@imagr.co.
    • We may direct marketing material to your Account via the App. If you no longer wish to receive this material, you may switch off the function at any time.
  6. We can both cancel your Account
    • You can cancel your account at any time by deleting the App.
    • We reserve the right to decline to register, suspend, or cancel your Account and your use of the Service if we consider (in our absolute discretion) that you have breached any of these Terms. If you have registered under multiple aliases, all of these aliases will be disabled.  If we suspend or cancel your Account, you must not create another one without our prior approval.
    • All of your data and content may be deleted from our systems immediately upon cancellation of your Account. This content cannot be recovered once your Account is cancelled.  We are not liable for any loss or damage following, or as a result of, the cancellation of your Account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
    • You agree that you cannot transfer, sell, lease, lend or trade your Account without our prior written consent.
  7. We own the Service, you own your content
    • We (and our licensors or suppliers, as the case may be) own all intellectual property rights existing in the Service, including all of the content of the App (such as text, graphics, logos, icons and sound recordings), all software code underlying and forming part of the Service and any improvements, enhancements, modifications or adaptions to the Service and all information and data generated in the course of your use of the Service (other than personal information, which is covered by our Privacy Policy).
    • Unless you have received our prior written permission, you agree not to, and will not permit or encourage any third party to:
      • adapt, reproduce, modify, reverse-engineer, decompile, distribute, print, display, perform, publish or create adaptations from any part of the Service; or
      • commercialise, copy or on-sell any information or materials obtained from any part of the Service.
    • You may not publish or use the Service’s brand, branding or logos without our prior written permission.
    • We welcome your feedback and ideas on how to improve the Service. If you choose to submit your ideas, you agree that we are free to use them and that you will not have rights to any intellectual property that may be generated as a result.
  8. Additional terms for Apple App Store downloads
    • If you have downloaded the App from the Apple App Store (or another Apple application, such as TestFlight), the following additional terms in this clause apply:
    • This agreement is solely between us and you, and not with Apple. We (and not Apple) are solely responsible for the App and its content (subject to these Terms).  You acknowledge that Apple has no obligation to furnish any maintenance or support services to you in connection with the App.
    • We grant you a non-transferable, non-exclusive licence to install and use the App on an IOS product or products that you own or control, subject to these Terms.
    • In the event of any failure of the App to conform to any warranty that might be contained or implied into these Terms, you may notify Apple, and Apple will refund the purchase price (if any) for the App. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
    • Any claim in connection with the App related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by these Terms, and Apple is not responsible for such claims.
    • You must comply with the App Store Terms of Service (or other terms specific to the Apple application), including the Usage Rules. You must also comply with all other applicable third party terms of agreement when using the Services.
    • You represent and warrant that you are not located in any U.S. embargoed countries or on any U.S. Government list of prohibited or restricted parties.
    • Apple and its subsidiaries are third party beneficiaries to these Terms and, upon your acceptance of them, Apple will have the right to enforce these Terms against you.
    • All other Terms apply to your use of the App.
  9. The Service might not always be perfect
    • The Service is provided on an “as is” and “as available” basis and use of it is at your sole risk. We will try to promptly address (during normal business hours) all technical issues that arise in connection with the Service, however there may be times when the Service is inaccessible.
    • From time to time, we may issue an update to the App which may add, modify and/or remove features. We will endeavour to let you know about these changes in advance, but these updates may be pushed out automatically with little or no notice.
    • To the maximum extent permitted by law we disclaim and exclude all implied conditions and warranties. To avoid doubt, we do not warrant that: (a) the Service will meet your specific requirements; (b) the Service will be uninterrupted, timely, secure, accurate, or error free; (c) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; or (d) any errors in the Service will be corrected. In particular, while we do our best to ensure that the Charges accurately reflect the goods you receive in a Store, we do not warrant that the Charges will always be accurate.
    • We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use of, or the inability to use, the Service.
    • We may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide the Service. The acts and omissions of those third party suppliers may be outside of our control, and we do not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
    • In any event, you agree that the total liability of the Service under these Terms will not exceed NZ$100 in any circumstances.
    • Nothing in these terms is intended to limit your rights as a consumer under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. you agree that, where you acquire products or services from us for the purposes of a business, any provisions of the Consumer Guarantees Act 1993 which would otherwise apply to the supply by us of those products or services do not apply.
  10. Disputes
    • Except to the extent you need to contact us to inform us of any breach of these Terms, you agree not to involve, or attempt to involve us, in any dispute or in the resolution of disputes that arise between you and a third party, including a Store.
    • If you wish to notify us of any dispute you have with us, you should contact us at hello@imagr.co.
  11. This is a legal agreement, so some general provisions apply
    • These Terms are governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.
    • These Terms, our Privacy Policy and any additional terms referenced on the App constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us and you, in relation to these Terms or use of the Service.
    • If any provision of these Terms is found by a court or other competent authority to be invalid, unenforceable or in conflict with the law, that provision is limited or eliminated to the minimum extent so that these Terms otherwise remain in full effect.
    • If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.
    • The headings used throughout these Terms are provided for your convenience and do not affect the meaning of these Terms.
  12. Contact us
    • If you have any questions about these Terms, the Service, or if you would like to give us feedback or notice, you can contact us in the following ways:

Email: hello@imagr.co

Phone: 022 043 3187

Post: Shed 9a, 90 Wellesley St West, Auckland