Terms of Use

Please read these Terms of Use carefully – they set out the basis on which you are allowed to use and access the MyThingz platform. If you have any questions about them or do not accept them, please contact support@mythingz.co.nz before using this website.


Who are we?

MyThingz is registered under the name MyThingz Limited, a limited company registered in New Zealand. Our registered office is 31 Empire St, Cambridge, Waikato, 3434, New Zealand.  Our registered number is 8999368. 

MyThingz designs apps that allow people to protect their valuables by storing items as an image to identify their belongings and ensuring that the item is real and not fake. The “MyThingz Platform” includes our system, applications, websites, APIs, products and services.

You must accept these Terms to create a MyThingz account and to access or use the MyThingz Platform. If you do not have an account, you accept these Terms by using any part of the MyThingz Platform. If you do not accept these terms, do not create an account or use the MyThingz Platform.


1. READ OUR PRIVACY POLICY 

For more information about how we collect and use personal data (including information collected through this website)  please see our Privacy Policy. (https://www.mythingz.co.nz/privacy-policy/)


2. USE OF THE MYTHINGZ PLATFORM

We may make changes to the website from time to time.  We cannot guarantee that the website will stay the same – we might change or remove it to reflect changes to our produce, our users’ needs, to improve our services or add new features. 

We can’t guarantee that this website will be:

This website and its contents are protected by intellectual property rights, and either belong to us or are licensed to us to use.  You may not copy or use them for a commercial purpose without our consent in writing. 


3. YOUR CONDUCT

Your conduct:

You may only connect to the MyThingz Platform using:

You may not connect to the MyThingz Platform with any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the MyThingz Platform.


4. CREATING AN ACCOUNT

Full use of the MyThingz Platform requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. MyThingz is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact Customer Support, if you discover or suspect any security breach related to the MyThingz Platform or your account.


5. NECESSARY EQUIPMENT

Full use of the MyThingz Platform is dependent on your use of computer with adequate internet access or a support mobile device. The maintenance and security of this equipment may influence the performance of the MyThingz Platform, and it is your responsibility to ensure the equipment’s functionality. 


6. CONTRACT

We can only conclude a Contract with you in English and not in any other language.

The Contract between us will consist of (1) these Terms (including our Privacy Policy); (2) any Specific Terms (if relevant); (3) your Order; and (4) our Acceptance (which is only given in exchange for your payment of the price (see section 6 below)). There will only be a Contract if all these elements are present. If there is any conflict between these Terms and some of the other documents which form part of the Contract, they will apply in the following order of priority:

Specific Terms;

these Terms;

Terms of Use.

Unless stated otherwise all services are provided as on-going 12 month commitment billed annually.

The Products and/or Services we supply to you will be subject to any restrictions set out on our Website or in the Contract. If we provide you with a Service via our Website, you must abide by our Terms of Use and any other applicable terms on our Website. 


7. THE PRICE OF THE PRODUCTS & SERVICE & HOW TO PAY

The price of the Products and Services will be as set out on our Website from time to time, except in the case of error. All prices are calculated in New Zealand Dollars (or any other currency we agree to accept) and will be confirmed to you in our Acceptance of your Order.

Subject to our obligation to supply the Products and Services at the price stated in a Contract, we reserve the right at any time to increase the prices of the Products and Services and to change the range of Products and Services available. We will try to give you as much notice as we can of changes to the range and any increase in prices.

Our Website contains a large number of Products and Services and it is always possible that, despite our best efforts, some of the Products or Services listed on our Website may be incorrectly priced. We will normally verify prices as part of our Acceptance procedure so that, where a Product or Service’s correct price is less than our stated price, we will charge the lower amount when accepting your Order. If a Product or Service’s correct price is higher than the price stated on our Website, we will normally either contact you for instructions before sending the Product or supplying the Service to you, or reject your Order and notify you of our rejection. We are under no obligation to provide the Product or Service to you at the incorrect (lower) price, even after we have sent you our Acceptance, if the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as a mispricing.

Please ensure all payments are made by the due date for payment. If you fail to make any payment by the due date then, in addition to any other right or remedy available to us, we will be entitled to:


8. POSTING YOUR CONTENT ON THE MYTHINGZ PLATFORM

MyThingz may enable you to post, upload, store, share, send, or display photos, images, video, data, text, comments, and other information and content (“Your Content”) to and via the MyThingz Platform. You retain all rights to Your Content that you post to the MyThingz Platform. By making Your Content available on or through the MyThingz Platform you hereby grant to MyThingz (MyThingz Limited) a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media.

The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the MyThingz Platform.

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.

You represent and warrant that Your Content, the use and provision of Your Content on the MyThingz Platform, and your use of the MyThingz Platform will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

You further agree not to (1) upload, post, e-mail or otherwise transmit any material  that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the MyThingz Platform in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the MyThingz Platform, or which may expose us or our users to any harm or liability of any type.

MyThingz may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the MyThingz Platform.


9. MYTHINGZ RIGHTS

“MyThingz Content” includes any photos, images, graphics, video, audio, data, text, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the MyThingz Platform. MyThingz Content, the MyThingz Platform, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United Kingdom and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the MyThingz Platform. Our logos and any other MyThingz trademarks that may appear on the MyThingz Platform, and the overall look and feel of the MyThingz Platform, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the MyThingz Platform are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.


10. WHAT YOU CAN DO ON THE MYTHINGZ PLATFORM

The MyThingz Platform is intended for personal use.

MyThingz grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the MyThingz Platform, (2) access and view the MyThingz Content, (3) access and use the website and mobile applications provided by the MyThingz Platform, as authorized in these Terms. This license is provided solely for commercial use of the MyThingz Platform as permitted in these Terms.

You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the MyThingz Content, MyThingz Platform or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MyThingz or its licensors, except for the licenses and rights expressly granted in these Terms.

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the MyThingz Platform: (1) use, display, mirror, or frame the MyThingz Platform or any individual element within the MyThingz Platform, including the layout and design of any page, without MyThingz express written consent; (2) use MyThingz name, any MyThingz trademark or logo, or any MyThingz proprietary information without MyThingz express written consent; (3) access or tamper with non-public areas of the MyThingz Platform, MyThingz computer systems, or the technical delivery systems of MyThingz providers; (4) test the vulnerability of any MyThingz system or breach any security or authentication measures; (5) circumvent any technological measure implemented by MyThingz or any of MyThingz providers or any other third party (including another user) to protect the MyThingz Platform; (6) access the MyThingz Platform or MyThingz Content through the use of any mechanism other than through the use of an Authorized Connection, MyThingz Platform, or MyThingz API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that MyThingz provides to you or any other part of the MyThingz Platform.


11. HYPERLINKS

You are granted a limited, nonexclusive, and non-transferable right to create a text hyperlink to the MyThingz Platform for non-commercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in MyThingz sole discretion.


12. OUR ENFORCEMENT RIGHTS

We are not obligated to monitor access or use of the MyThingz Platform, MyThingz Content, or Your Content or to review or edit any MyThingz Content or Your Content, but we have the right to do so for the purpose of operating the MyThingz Platform, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.

We reserve the right (but are not required) to remove or disable access to the MyThingz Platform, any MyThingz Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the MyThingz Content, Your Content, or your use of the MyThingz Platform is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the MyThingz Platform, and in response may take any action we may deem appropriate.


13. USE THE MYTHINGZ PLATFORM AT YOUR OWN RISK

If you rely on any MyThingz Content or the MyThingz Platform, you do so solely at your own risk.

Our goal is to provide helpful and accurate information on the MyThingz Platform, but we make no endorsement, representation, or warranty of any kind about any MyThingz Content, information, or services. The accuracy of the data collected and presented through the MyThingz Platform is not intended to match that of medical devices or scientific measurement devices.

We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the MyThingz Platform. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete

Use of the MyThingz Platform should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your use of the MyThingz Platform.


14. DMCA/COPYRIGHT POLICY

MyThingz respects the intellectual property of others and expects its users to do the same. It is MyThingz policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.


15. ALERTS & NOTIFICATIONS

As part of your use of the MyThingz Platform, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the MyThingz Platform by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.


16. THIRD-PARTY SERVICES

The MyThingz Platform may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under MyThingz control. This may include the opportunity for you to link your MyThingz account, MyThingz data, or the MyThingz Platform with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the MyThingz Platform, such as third party applications accessed on MyThingz devices, are not part of the MyThingz Platform and are not controlled by MyThingz, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the MyThingz Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.


17. CHANGES TO THE MYTHINGZ PLATFORM

MyThingz may change or discontinue, temporarily or permanently, any feature or component of the MyThingz Platform at any time without notice. MyThingz is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the MyThingz Platform. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by MyThingz products without prior notice to you.


18. TERMINATION

We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the MyThingz Platform, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Customer Support. Upon any termination of these Terms or suspension, termination, or discontinuation of the MyThingz Platform or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 9, 10, 11, 12, 15, 16, 17, 18, 19, 20, 21.


19. DISCLAIMERS

The MyThingz Platform and MyThingz Content are provided “as is”, without warranty of any kind. Without limiting the foregoing, we explicitly disclaim all express of implied warranties arising out of or related to these terms of the MyThingz Platform, including any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the MyThingz Platform or MyThingz Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis.


20. INDEMNITY

You will indemnify and hold harmless MyThingz or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the MyThingz Platform, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.


21. LIMITATION OF LIABILITY

MyThingz is only liable to you for losses which you suffer as a direct result of our breach of these terms and conditions, and shall have no liability for any indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site, any websites linked to it and any materials posted on it.

In no events will MyThingz total liability arising out of or in connection with these terms of from the use of or inability to use the MyThingz Platform exceed the amounts you have paid to MyThingz for us of the MyThingz Platform or One Hundred New Zealand Dollars ($100), if you had not any payment obligations to MyThingz as applicable.

You may have other rights granted by law, and these Terms of Use do not affect these except if the two are inconsistent.  If this is the case then these Terms of Use will override any other rights which you may have, unless this is not permitted by law.


22. DISPUTE RESOLUTION

If you have any complaint about this website or any of services we provide, you should contact support@mythingz.co.nz and we will try and resolve it as soon as possible.  However, if we have a dispute regarding your use of the website or these terms and conditions, the courts will use New Zealand law to determine that dispute.  If you wish to take legal action against us, you should do so in the New Zealand courts.