PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (REFERRED TO AS "YOU" OR "YOUR") AND SIDEKICK APP (REFERRED TO AS "SIDEKICK," "WE," "OUR," OR "US"). BY INSTALLING, USING, OR ACCESSING THE SIDEKICK APP (REFERRED TO AS THE "APP"), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL, USE, OR ACCESS THE APP.
- LICENSE GRANT AND RESTRICTIONS
Subject to the terms and conditions of this Agreement, Sidekick grants you a non-exclusive, non-transferable, limited license to install and use the App on your mobile device solely for your personal use.
You may not: (i) copy, modify, distribute, sell, or transfer the App or any portion thereof; (ii) reverse engineer, decompile, or disassemble the App or any portion thereof; (iii) create derivative works of the App or any portion thereof; (iv) use the App in any way that is illegal or promotes illegal activity, including but not limited to, posting objectionable content or harassing or abusing other users; or (v) use the App in any way that infringes on any third-party rights, including but not limited to, intellectual property rights.
- USE OF THE APP
The App allows you to post about activities you want to do and find others who want to join in the activity. You may also advertise and post events. The App allows you to chat with other users to make plans. You are responsible for all activities that occur under your account and for ensuring that your use of the App complies with all applicable laws and regulations.
You agree that Sidekick has no control over and is not responsible for the conduct of any user of the App, including but not limited to, objectionable content or abusive behavior. You acknowledge that Sidekick is not liable for any damages or harm resulting from the use of the App, including but not limited to, damages resulting from objectionable content or abusive behavior. Objectionable content can be reported on our website: https://www.sidekickapp.co.nz/contact/
- INTELLECTUAL PROPERTY RIGHTS
The App, including but not limited to, all content, trademarks, service marks, logos, and other intellectual property rights, is owned by Sidekick or its licensors and is protected by applicable intellectual property laws.
You may not use any content from the App without the express written permission of Sidekick or its licensors.
- DISCLAIMER OF WARRANTIES
THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SIDEKICK DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. SIDEKICK IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE APP.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL SIDEKICK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO, DAMAGES RESULTING FROM OBJECTIONABLE CONTENT OR ABUSIVE BEHAVIOR. SIDEKICK'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE APP.
- INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Sidekick, its affiliates, officers, directors, employees, agents, and licensors from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or in connection with your use of the App, your breach of this Agreement, or your violation of any law or the rights of a third-party.
- TERM AND TERMINATION
This Agreement shall remain in effect until terminated by you or Sidekick. You may terminate this Agreement by deleting the App from your mobile device. Sidekick may terminate this Agreement at any time without notice if you breach any of the terms or conditions of this Agreement.
- GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to its conflicts of law principles.
- DISPUTE RESOLUTION
Any dispute arising out of or in connection with this Agreement shall be resolved by arbitration in accordance with the Arbitration Act 1996 (New Zealand). The arbitration shall take place in New Zealand and shall be conducted in English.
- MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Sidekick and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Sidekick with respect to the App. Sidekick may assign this Agreement, in whole or in part, at any time without notice to you. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of Sidekick to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
You may request deletion of your account at any time by filling in the form here: https://www.sidekickapp.co.nz/contact/.
If you have any questions or concerns about this Agreement or the App, please contact us at: https://www.sidekickapp.co.nz/contact/.
