TERMS OF SERVICE FOR USERS

These are the terms of service (“Terms of Service”) applicable to the use of the Hivepass application and services (collectively, the “Services”).

The Service is proprietary to Hivepass Limited (company number: 9012110; NZBN: 9429051755041) (“Hivepass”).

You and each family member are individually and collectively referred to as “You” or a “User”).

BY DOWNLOADING, INSTALLING, ACCESSING AND/OR USING THE SERVICES (“Use”), YOU ACCEPT THESE TERMS OF SERVICE ON YOUR OWN BEHALF AND ON BEHALF OF ANY FAMILY MEMBERS THAT YOU REPRESENT. EACH USER HAS THE RIGHT TO USE THE SERVICE SUBJECT TO COMPLYING WITH THESE TERMS OF SERVICE.

1. RIGHTS TO USE THE SERVICE. Subject to these Terms of Service, Hivepass grants each User a personal, revocable, non-exclusive, non-transferable right to Use the Service for the User’s own personal use. Hivepass software is licensed and not sold.
2. ORGANISATIONS. Users may Use the Service to join one or more third party organisation (e.g. a club or association) (each an “Organisation”). By joining an Organisation, Users consent to: (i) Hivepass sharing User data with the Organisation; (ii) the Organisation’s member terms; and (iii) the Organisation communicating with them including by using the Service. If User requires any support or assistance with the Service, User should first contact the relevant Organisation.
3. MINORS. To join an Organisation and/or to participate in an Organisation’s events, an Organisation may require that each User is over a certain age or that parent or legal guardian provides consent on the User’s behalf.
4. WAIVERS. Organisations may require Users to accept and/or provide a waiver to them where the User waives liability against the Organisation and any third party in relation to the User’s activities or participation in events supported through the Organisation (each a “Waiver”). Waivers may be requested by Organisations from Users through the Service. In addition to any Waiver requested by an Organisation and notwithstanding whether an Organisation requests Waivers or not, each User acknowledges and accepts that: (a) there are risks involved in their pursuits (including physically to themselves and others, and to property) and they participate in such pursuits at their own risk; (b) they are responsible for ensuring they are physically capable of participating in such pursuits and that any equipment they use is capable and well maintained for use in such pursuits; (c) they agree to comply at all time with all applicable laws and regulations and all terms, conditions, regulations or requirements for participating in such pursuits (such as using approved equipment and wearing approved safety items); (d) they will not participate in such pursuit if the organiser withdraws the User’s right to participate; and (e) they waive all liability against Hivepass; each Organisation; organisers, helpers and landowners related to such pursuit; and any other third party. If permitted by an Organisation, a parent or legal guardian may provide consent on a minor User’s behalf to participate in a pursuit and accept the Waiver (and the terms in this section) on their behalf. Hivepass cannot guarantee the personal safety, or the safety of personal property, of any User or anyone else, and it is each User’s responsibility to hold and maintain appropriate insurance for all insurable risks (including, without limitation and when applicable, insurances for travelling, for property damage, and for personal injury).
5. PAYMENT PROCESSING. Users may make payments to the Organisation using the Service (these may include, without limitation: membership/pass fees; event registration fees; donations etc). For any payments made through the Service, the amount that is charged to Users by the Organisation will include the applicable Organisation fees plus payment processing fees and a Hivepass application fee. At the time of payment: (i) the payment processing fee will be deducted and retained by the third party payment processor; (ii) the Hivepass application fee will be deducted and paid to Hivepass by the third party payment processor; and (iii) the Organisation’s fee will be paid to the Organisation. Payment processing fees and the Hivepass application fee are non-refundable.
6. THIRD PARTIES. When Using the Services (or portions thereof), Users may obtain, access and/or use third party software or services, or join Organisations. For example: (a) Users will download the Hivepass application from a third party application store (e.g. Google Play or Apple App Store) and must comply with all usage rules governing the third party application store from which the User downloads the Hivepass application; (b) Users may join Organisations and the terms of each such Organisation will apply including, but not limited to, any waivers required by such Organisation; and (c) Users may make payments through the Service (e.g. for memberships or events) and such payments will be transacted using Stripe and Stripes usage terms and conditions will apply to such payment processing. The third party’s terms and rules apply as between each User and that third party and Hivepass is not a party to such arrangements. Hivepass may change payment providers from time to time.
7. ACCOUNTS. Users must ensure that their username and password required to access the Service is kept secure and confidential. Hivepass is not responsible for any losses due to misused accounts or stolen or hacked passwords. Users must notify Hivepass of any unauthorised access to or use of their account.
8. RESTRICTIONS. You are not permitted to: (i) copy, modify, transmit, adapt, vary or create derivative works based on the Service in whole or part; (ii) transfer Use of the Service to anyone else; (iii) work around any technical limitations (including any security measures) in the Service; (iv) try to gain unauthorized access to any service, data, account or network by any means; or (v) reverse engineer, decompile, disassemble, debug, hook, spoof or pirate any part of the Service.
9. TERMINATION. At any time with or without notice, Users may cancel your Hivepass account, stop using the Service and delete the Hivepass application and Hivepass may change or cancel the availability of the Service (or part thereof). When a User cancels their Hivepass account, the User’s memberships with Organisations will continue until they expire.
10. ENTIRE AGREEMENT. These Terms of Service constitute the entire agreement between each User and Hivepass for the Use of the Services.
11. APPLICABLE LAW. These Terms of Service are governed by and construed under the laws of New Zealand, excluding any body of law governing conflicts of law. The courts of New Zealand have exclusive jurisdiction.
12. DISCLAIMERS. THE SERVICE IS LICENSED “AS-IS” AND FOR ACCESS AND USE ONLY IN ACCORDANCE WITH THE DOCUMENTATION PROVIDED BY HIVEPASS. HIVEPASS GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. USERS MAY HAVE CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER LOCAL LAWS WHICH THESE TERMS OF SERVICE CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER LOCAL LAWS, HIVEPASS EXCLUDES ALL IMPLIED WARRANTIES INCLUDING (BUT NOT LIMITED TO) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Hivepass does not warrant that the Service will be uninterrupted or error free and is not in any way responsible for any such interruptions or errors. Hivepass may make Waiver functionality available to Organisations and Users but does not guarantee this functionality. Hivepass is not liable to the Organisation, any User or any one else in relation to Waivers, including but not limited to: (a) if an Organisation fails to request or obtain a Waiver from a User; or (b) if the Waiver functionality provided with the Service is unavailable for any reason or if any error occurs.
13. LIABILITY. FOR ANY CAUSE (INCLUDING, BUT NOT LIMITED TO, BREACH OF THESE TERMS OF SERVICE BY HIVEPASS), USERS CAN RECOVER FROM HIVEPASS ONLY DIRECT DAMAGES UP TO THE AMOUNT OF THE HIVEPASS APPLICATION FEES RECEIVED BY HIVEPASS FOR THE USER’S USE OF THE SERVICE IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. USERS CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. The limitations set out above apply: (a) to any damages related to the Services; and (B) even if Hivepass knew, or should have known, about the possibility of the damages. Hivepass has no responsibility or liability to any User in relation to or for any third party or any third party content (including, without limitation, advertising and/or software code), third party internet sites, third party software, use of data by a third party, any activities or events offered or run by a third party, or for anything contemplated by an Organisation’s waiver.
14. PRIVACY POLICY. Use of the Service may involve the processing of personal information about Users. Processing may include the collection, use, processing, transfer, storage or disclosure of such personal information. The Hivepass Privacy Policy explains how personal information that is processed will be treated. The current version of Hivepass Privacy Policy is incorporated by reference into these Terms of Service and can be viewed at https://hivepass.app/hivepass_privacy_policy.html). Each User consents to its personal information being processed in accordance with the Hivepass Privacy Policy.
15. ANONYMISED/AGGREGATED DATA. User grants to Hivepass a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license permitting Hivepass to copy, anonymise, aggregate, process and display any User data to derive anonymous statistical and usage data, and data about the functionality of the Service, provided such derived data cannot be used to identify the User or other users (“Anonymised Data”). Without limiting Hivepass’ rights, Hivepass may: (a) combine Anonymous Data with or into other similar data and information available, derived or obtained from other sources, users, or otherwise (collectively, “Aggregated Data”); and (b) use Anonymised Data and Aggregated Data to provide services including the copying, publication, distribution, display, licensing or sale of Anonymised Data and Aggregated Data and related or similar other statistics or data to third parties pursuant to separate licensing or services arrangements or agreements. Hivepass owns all rights, title and interest in and to the Anonymised Data and Aggregated Data. Hivepass will never sell personally identifiable information of Your administrators and Members.
16. FEEDBACK. User grants to Hivepass a royalty-free, fully-paid, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into Hivepass’ products and services (including, without limitation, the Service) or otherwise use any suggestions, enhancement requests, recommendations or other feedback that User provides to Hivepass.
17. AMENDMENTS. Hivepass may unilaterally amend or update these Terms of Service from time to time by written notice. Such written notice may include alerts or notifications through the Service itself, by updating the Terms of Service on the Hivepass website, or by email. Users will be deemed to have agreed to such updated terms by using the Service after the date of such update.