Terms of Service Policy Terms of Service Policy

MYRIVR™
Terms of Use

About these Terms of Use

1. In consideration for MYRIVR (“MYRIVR”) allowing you the right to access and use the MYRIVR and MYRIVR.co.nz service (“MYRIVR™”) you agree to be bound by these Terms of Use. This right is non-exclusive and non-transferable and limited by these Terms.
2. These Terms of Use apply to any user of MYRIVR™ whether they are a visitor, account holder, or otherwise.
3. By using MYRIVR™ you agree to be bound by these Terms of Use, which shall take effect immediately the first time you use MYRIVR™. If you do not agree to be bound by all of these Terms of Use please do not access, use and/or contribute to MYRIVR™.
4. MYRIVR may change these Terms of Use from time to time and accordingly you should check these Terms of Use regularly. Your continued use of MYRIVR™ will be deemed acceptance of the updated or amended Terms of Use. If you do not agree to the changes, you should cease using MYRIVR™.
5. If there is any conflict between these Terms of Use and specific local terms appearing elsewhere on MYRIVR™ or terms entered into independently with MYRIVR, then the specific or independent terms of use shall prevail.
Use of MYRIVR™ and your obligations.
6. You agree in using MYRIVR™ that you will:
a. comply with all laws;
b. comply with all MYRIVR™ policies;
c. comply with all MYRIVR™ code of conduct;
d. keep all access details including passwords and codes secret; and
e. notify MYRIVR if you learn of a security breach related to MYRIVR™ by emailing us at help@myrivr.co.nz .

7. You agree in using MYRIVR™ that you will not:
a. infringe the privacy rights of any MYRIVR™ user;
b. use MYRIVR™ in a way that harms MYRIVR or MYRIVR™ or our related entities, resellers, distributors, suppliers and/or vendors (each referred to as a “MYRIVR party”), or any customer of a MYRIVR party;
c. mislead any MYRIVR™ user, including supplying data that is falsely made to appear as originating from or being endorsed by MYRIVR™ or MYRIVR;
d. use any portion of MYRIVR™ as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
e. use any unauthorised means to modify or reroute, or attempt to modify or reroute MYRIVR™; damage, disable, overburden, or impair the MYRIVR™ (or the network(s) connected to MYRIVR™) or interfere with anyone’s use and enjoyment of MYRIVR™; or
f. resell or redistribute MYRIVR™, or any part of the MYRIVR™ services.

8. MYRIVR does not recommend sharing your access details with anyone. If you need someone to access your information they should register as a user within MYRIVR™ and when the feature is available provide this person access via a managed trust list.
9. If in an emergency situation you share your access details to help with your care, MYRIVR recommends you change your password as soon as practical. If you do share your access details you must ensure that the person you share your access details with also adheres to these Terms of Use.
10. If you access someone else’s information, you acknowledge and warrant you have the authority to do so.
11. You authorise MYRIVR to send emails to your declared email address which is also your user-id/system name. These emails will not contain any of your personal information. All emails sent to your account will be assumed to have been read.

Privacy
12. MYRIVR considers your use of MYRIVR™ to be private. However, MYRIVR may access or disclose information about you, your account and/or the content of your communications, in order to:
a. comply with the law or legal proceedings served on it;
b. enforce and investigate potential violations of these Terms of Use; including use to participate in, or facilitate, activities that infringe the law; or
c. protect the rights, property, or safety of MYRIVR, any MYRIVR party, MYRIVR™, their employees, customers or the public.
You consent to the access and disclosures outlined in this section.

13. MYRIVR may use technology or other means to protect MYRIVR™, protect our customers, or stop you from breaching these Terms of Use.
14. In order to provide you with MYRIVR™, MYRIVR may collect certain information about MYRIVR™’s performance, your machine and your use of MYRIVR™. MYRIVR may automatically upload this information from your machine. This data will not personally identify you.
15. In addition to the above, the MYRIVR™ Privacy Statement and Code of Conduct forms part of these Terms of Use. By agreeing to these Terms of Use you also give your consent to the way we may handle your personal information under that statement.

Intellectual Property
16. All copyright, trade marks, designs, patents and other intellectual property rights (registered and unregistered) in and on MYRIVR™ and all content (including all applications) located on the site shall remain vested in MYRIVR or its licensors (which includes other users).
17. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use MYRIVR™ content in any way except for your own personal, non-commercial use unless otherwise agreed in writing with MYRIVR.
18. You agree not to adapt, alter or create a derivative work from any MYRIVR™ content except for your own personal, non-commercial use. Any other use of MYRIVR™ content requires the prior written permission of MYRIVR.
19. Nothing contained in these terms shall be construed as conferring you any licence or right to use any trade mark, design right or copyright of MYRIVR or any other third party.
20. You warrant that all content uploaded or shared by you, either from your own computer or another source, are either created or owned by you, or that you have the necessary licences, rights and permissions to use the content uploaded or shared.
21. You acknowledge and agree that upon receipt and notice of any claim from a third party, MYRIVR may immediately remove any content from MYRIVR™ without liability. Any claims of any complaining party shall be referred to you for your attention.

Content

22. You agree in respect of any Content uploaded on the Website that it complies with the MYRIVR™ Code of Conduct , and without limiting the Code of Conduct does not:
a. infringe any intellectual property rights of any third party;
b. infringe the privacy rights of any third party;
c. detrimentally affect the brand or reputation of MYRIVR™ or any affiliates or partners of MYRIVR™;
d. mislead as to the nature, type, service or benefits of the any content;
e. contain inaccurate, ambiguous, exaggerated, defamatory, untrue, or out of date information;
f. encourage, counsel, incite or suggest any criminal or unlawful acts;
g. seek to take advantage of any individual or and individual groups by virtue of their circumstances;
h. contain vulgar and/or suggestive languages or images or innuendo or slang of a sexual, immoral, racial or violent nature; and
i. promote or provide inflammatory or demeaning opinions of an individual or group.

23. MYRIVR™ does not actively police uploaded content but reserves the right to remove or edit any content uploaded at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, in breach of these Terms of Use. If a user notices any such content, please email us at help@myrivr.co.nz .

No Warranties

24. MYRIVR™ is provided on an “as-is,” “with all faults” and “as available” basis.
25. MYRIVR does not guarantee the timeliness, completeness or performance of MYRIVR™ or any of the content. To the extent permitted by law, MYRIVR excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
26. Some content on MYRIVR™ may be created by third party contributors or members of the public. The views expressed are their own and unless specifically stated are not those of MYRIVR. MYRIVR is not responsible for any content posted by third parties or members of the public on MYRIVR™ or for the availability or content of any third party site that is accessible through MYRIVR™. Any links to third party websites from MYRIVR™ do not amount to any endorsement of that site by MYRIVR and
any use of that site by you is at your own risk.
27. MYRIVR does not warrant that functions available on MYRIVR™ will be uninterrupted or error free, that defects will be corrected, or that MYRIVR™ or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anƟ-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Limitation of Liability

28. You can recover from MYRIVR only direct damages up to any amount you pay MYRIVR for MYRIVR™ for use of its service. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages. If the Consumer Guarantees Act 1993 would otherwise apply to your use of MYRIVR™ and you are accessing or otherwise using this website for business purposes (or holding yourself out as accessing or using it for business purposes), you agree that the provisions of that Act will not apply, to the extent contracting out is permitted by that Act.
29. This limitation applies to anything related to access services, information services, forum services, content (including code) on third party sites, third party programs or third party conduct, viruses or other disabling features that affect your access to or use of MYRIVR™, incompatibility between the MYRIVR™ and other services, software and hardware, delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with MYRIVR™ in an accurate or timely manner, and claims for breach of these Terms of Use, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.
30. It also applies even if this remedy does not fully compensate you for any losses, or fails in its  essential purpose or MYRIVR knew or should have known about the possibility of the damages.
31. MYRIVR shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise):
a. loss of data;
b. loss of revenue or anƟcipated profits;
c. loss of business;
d. loss of opportunity;
e. loss of goodwill or injury to reputation;
f. losses suffered by third parties; or
g. any indirect, consequential, special or exemplary damages arising from the use of MYRIVR™ regardless of the form of action.

Further disclaimers

32. The information in the MYRIVR™ Directory is provided for convenience as part of the service we offer in this mobile app. However, MYRIVR cannot accept any liability for its accuracy or content and neither does MYRIVR endorse the views expressed in the Directory. MYRIVR does not implicitly or impliedly endorse the providers listed in the Directory or their performance. Users who rely on this information do so at their own risk. MYRIVR is not responsible for the contents or reliability of the linked websites and do not necessarily endorse the views expressed within them. Listing is for convenience only and should not be taken as an endorsement of any kind. MYRIVR cannot guarantee that links will work all of the time and has no control over the availability of the linked pages.
33. The contents of MYRIVR™ should not be construed as medical, legal or professional advice and you should take specific advice from qualified professional people before undertaking any action following information received from MYRIVR™.
34. Any reference to any specific commercial product, process, or service by trade name, trademark, manufacture, or otherwise does not constitute an endorsement or recommendation by MYRIVR™.

Indemnity

35. You agree to release, indemnify and keep indemnified MYRIVR from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by MYRIVR from any person arising out of or in connection with your failure to comply with these Terms of Use or your use of MYRIVR™.

Limits on use or services

36. Without limiting any other rights and remedies available to MYRIVR, MYRIVR may, at its sole discretion, limit your activities on MYRIVR™ or refuse to provide you access to MYRIVR™ or any part of it if you:
a. breach these Terms of Use;
b. breach any MYRIVR™ policy;
c. breach any code of conduct; or
d. where MYRIVR considers any of your conduct, in its sole discretion, to be inappropriate.

37. In such an event, your access will be blocked and your information will be removed.
38. MYRIVR may change the range of MYRIVR™ services or remove features at any time and for any reason.

Dispute Resolution

39. You will not commence any court or arbitration proceedings relating to a question, difference or dispute relating to these Terms of Use (“Dispute”) unless you have first complied with this Disputes

Resolution section.

40. Where any Dispute arises, you (or your representative) and a representative of MYRIVR will meet and negotiate in good faith in an attempt to resolve the Dispute amicably by good faith discussion.
41. Where the representatives of the parties do not resolve the Dispute within five (5) Business Days (or as agreed) of initiating negotiations, the relevant parties agree to mediate any Dispute in terms of the LEADR New Zealand Incorporated Standard Mediation Agreement. The mediation will be conducted by a mediator and at a fee paid by.