Welcome to the Kiwi Hub application. Thank you for choosing our mobile app, which is based on information obtained from various sources including third parties and was generated by the contributions and participation of the application user community.

 

The first time you open the application, you acknowledge that you have read Terms & Conditions in full, understood and agreed to the content therein.

 

Because some of the information is obtained from third parties, we cannot ascertain the extent of its reliability. Accordingly, we cannot vouch for the reliability or accuracy of the information and it may contain errors, mistakes or inaccuracies.

 

We shall not bear any liability for any damage, inconvenience, loss or aggravation you may suffer either directly or indirectly as a result of using the application and platform, including those caused as a result of your reliance on the information provided.

 

By using this application, you agree in advance to forego any claim, suit or demand related to the use of the application the platform and the services they provide or to the limitations associated with their use.

 

We utilise the information gathered in your regard as a result of the use you make of the application and platform, including information regarding your location and public transport preferences. We will make anonymous, statistical use of this information, inter alia, in order to estimate the arrival times of various bus and train routes, analyse their frequency and convey the information to third parties for whom this information is likely to be relevant.

 

All rights to the application and platform including intellectual property (e.g. copyrights and trademarks) are exclusively ours or we own the license for these rights. It is forbidden to copy, distribute, execute publicly, make available to the public, change, adapt, create derivative works, lend, sell or rent any portion of the application or platform without obtaining our authorisation in advance.

 

This service is provided free of charge and we hope that you will find it useful.

 

We hope that you enjoy the service and wish you a pleasant and efficient public transport experience.

 

1. Application

1.1. Your access to, and use of the Kiwi Hub application (“App”) is subject to the following terms and conditions (“Terms”). By using the App you represent that you have read, understood and accepted these Terms, and agree to be bound by them. Any reference to “We”, “Us” or “Our” is a reference to Thoreon Limited or it’s Related Entity or successor.

1.2. You agree that you will not access our services other than through the App. You will not use any third party software to access the services we provide via the App.

1.3. These Terms will prevail if there is any inconsistency with any other document.

1.4. The Terms may be updated from time to time. You acknowledge that the Terms that are listed on the App each time you access the App will be the Terms that apply to you in at that time.

1.5. Unless where stated otherwise, the Terms dictate the relationship you have with us, and do not give you any actionable rights against any other party.

 

2. Definitions

2.1. “AT” means Auckland Transport or their successor.

2.2. “Metlink” means Wellinton Metlink or their successor.

2.3. “Metro” means Christchurch Metro or their successor.

2.4. “Business Day” means a day which is not a Saturday, Sunday, Public Holiday or Mondayised public holiday in Auckland, New Zealand.

2.5. “BusStop” means a numbered bus stop as allocated by AT.

2.6. “Device” means any electronic device used to access the App.

2.7. “Force Majeure” means any act of God, fire, strike, war, act of parliament or other event that We believe was outside of the control of the parties and which the party was unable to foresee or prepare for.

2.8. “TravelCard” means the AT Hop or Christchurch Metro or Wellington Snapper travel cards.

2.9. “LoginInfo” means the login and password used to access your account on MyAT.

2.10. “MyAT” means the AT website which Users may create accounts to access their Hop information.

2.11. “User” means any user of the App.

 

3. General Account Terms

3.1. You acknowledge that we are not part of AT, Metlink or Metro or related to AT / Metlink / Metro in any way. By using our App you are providing information to a limited liability company which holds no formal relationship with AT / Metlink / Metro.

3.2. When entering your login and password, these are the login and password which you use to access your MyAT account. If you select to do so, your LoginInfo will be stored on your Device to allow you to easily access your Account in future. You acknowledge that we have have no responsibility for the physical or digital security of your Device.

3.3. You acknowledge that we do not store LoginInfo on our servers.

3.4. You acknowledge that you will not hold us liable should a third party find a way to access your LoginInfo. We will notify you as soon as reasonably possible if we believe that this has occurred.

3.5. We reserve the right to suspend or terminate your access to the App at our sole discretion.

 

4. Security

4.1. You agree that you will attempt to use the App in any way that we could not reasonably expect such as through the use of malicious code, data or set of instructions that, whether intentionally or unintentionally, causes harm or undermines the App’s intended functions. This includes, but is not limited to, trojans, viruses, worms, time bombs, denial of service attack or another other computer program that may damage, interrupt, interfere, access without authority, delete, subvert or delete our App or any information we store, maintain or transfer.

4.2. You agree that you will not use our App to cause harm, or attempt to cause harm, to any third party. We reserve the right to release, and you agree to that release, of any identifying details, including login and IP address, that could assist that third party in identifying any such person.

4.3. You agree that we have no obligation to inquire into the authority of any person using your LoginInfo.

4.4. You agree that we have no obligation to inquire into the authority of any person using your device.

4.5. We reserve the right to restrict you from the use of any function of the App at our sole discretion and without giving a reason.

4.6. You acknowledge that we have the right to use any intellectual property included in any interaction you have with the App. However, the use of such intellectual property will remove any identifying factors so.

4.7. You agree to indemnify us for any and all costs and expenses that we may experience as a result of any breach of intellectual property in any of your interactions with the App.

 

5. Information and Privacy

5.1. You acknowledge that we will retain a copy of the information received from MyAT which may include, amongst other things, your email address, first name and last name (“BaseData”). This information will be retained in our systems. However any personally identifying data will not be passed to any third party unless required to by law.

5.2. You agree that we can compile and analyse the information we retain, along with the information for other Users (“CompiledData”). You agree that we can use the CompiledData in any way we wish at our sole discretion, including offering new services.

5.3. At no point will we sell or provide your BaseData to any third party except as allowed under clause 4.1 or as required by law.

5.4. Your BaseData and our CompiledData is held by us at Amazon Web Services (AWS) Cloud Hosting. You have a right of access to your BaseData under the Privacy Act 1993 through the use of an information privacy requests, which can be made in writing to our address for service We reserve a right to charge a reasonable fee for providing access to your BaseData. The BaseData represents the information received from MyAT which may differ from your actual Hop usage. Therefore Principle 7 of the Privacy Act 1993 is not applicable unless the information on MyAT has been updated.

5.5. As you are unidentifiable in the CompiledData, you acknowledge that we are unable to provide it.

 

6. No Warranty

6.1. All statutory, express or implied warranties by us are expressly excluded (to the extent permitted by law).

 

7. Intellectual Property

7.1. You agree that you will not reproduce, reuse, copy, emulate or modify our Intellectual Property without our express written consent.

7.2. You acknowledge that all CompiledData is our intellectual property.

7.3. The names and logos for AT, and Hop and AT Hop are owned by AT and its related entities. We do not claim ownership to any trademark owned by AT or its related entities.

 

8. Limitation of Liability

8.1. You agree that you will not hold us liable in any way for any damage you suffer. This includes, but is not limited to, any damage you experience due to any incorrect information shown on the App.

8.2. You agree that, as we do not charge You for the use of the App, you have no right to any compensation from us for any fault, real or imagined. This includes, but is not limited to, any fault on our App, or our App not being available.

8.3. You agree that we do not create the BaseData. You acknowledge that we cannot be held liable for any fault in the BaseData or the CompiledData.

8.4. You agree that we will not be liable for any direct or indirect loss or damage, including without limitation; economic loss, loss of profits or savings (or for any indirect or consequential loss or damage), however caused, arising out of or in connection with our App or any services provided on our App.

8.5. Our liability in respect of all claims for loss, damage or injury arising from a breach of our obligations under these Terms or from any act or omission by us, is limited to the amount you have paid to us to use our App, being $0.

 

9. Consumer Guarantees Act 1993 and Fair Trading Act 1986

9.1. You agree that, if you are not a consumer as defined in the Consumer Guarantees Act 1993 that it is fair and reasonable that:

(a) The provisions of the Consumer Guarantees Act 1993 do not apply; and
(b) Sections 9, 12A, 13 and 14(i) of the Fair Trading Act 1986 are contracted out of.

9.2. You agree that we have made no promise as to the suitability or reliability of our App. You agree that the suitability and reliability or directly related to the price you have paid to us to use our App being $0.

 

10. Unsolicited Electronic Messages Act 2007

10.1. Under the Unsolicited Electronic Messages Act 2007, you must consent to receiving commercial emails from us. Consent can either be explicit, inferred or deemed. We will infer that we have your consent to send you commercial emails from time to time unless you inform us otherwise by letter or email. The email address for unsubscribing to commercial emails is marketing (at symbol) kiwitransit.co.nz

 

11. General

11.1. We will not be prevented from enforcing any of our rights under this agreement because on an earlier occasion we did not enforce those rights.

11.2. You agree that we may assign, delegate or subcontract any or all of our rights or obligations under these Terms and Conditions.

11.3. You agree that we may issue any proceedings in respect of our agreement with you in any court that suits us. The law that governs these terms is New Zealand law. All references to legislation are in reference to New Zealand legislation.

11.4. Any part of the Terms that is held to be invalid or unenforceable, for any reason, shall be severed from the Terms and shall not affect the provisions that remain.

11.5. You agree that these Terms express the entire understanding between us and that there have been no representations made by or on behalf of us that have been relied upon by you that are not contained in these Terms.