Terms of Use

Terms of Use. Effective date: 10 June, 2020

Last Updated on: 10 June, 2020

These terms of use (“Terms of Use”) are a legal agreement between you and Maple Software Limited, a company incorporated in NZ (hereafter referred to as “Maple”, “we” or “us” as the context may require) for the use of the Maple mobile application (“Maple App”) and any website operated by Maple (the “Maple Website(s)”) including, without limitation, http://www.mapler.co.

These Terms of Use set out important information regarding your rights and obligations in connection with the Maple App and Maple Website(s). Please read them carefully. In particular, we draw your attention to the limitations of liability contained in Section 12.  

By downloading, installing or using the Maple App or accessing the Maple Website(s), you agree to these Terms of Use which shall bind you.  If you do not agree with these Terms of Use, do not download, install or use the Maple App or Maple Website(s). 

Maple permits you to use the Maple App and Maple Website(s) solely in accordance with these Terms of Use. Maple retains ownership of the Maple App and Maple Website(s) at all times.  

These Terms of Use apply to the use of any updates or changes to the Maple App and Maple Website(s) that we may issue from time to time.   

1.             The licences granted to you for the use of the Maple App and Maple Website(s)

 

Maple grants you a non-exclusive, non-transferable, revocable licence to do the following in accordance with these Terms of Use (the “Licences”):

(i) download, install and use the Maple App, and any updates to it provided by Maple from time to time, in object code form for your personal use only on a compatible mobile device owned or controlled by you; and 

(ii) access and browse the Maple Website(s) for your personal use only.              

Maple may terminate the Licences granted under these Terms of Use at any time in its absolute discretion with or without notice to you. If you breach any provision of these Terms of Use such Licences shall automatically terminate.  Where any of the Licences are terminated, you agree to immediately cease using and accessing the Maple Website(s) and Maple App and to delete any copies of the Maple App held by you. 

 

2.             Rights to the Maple App, Maple Website(s) and their content

 

All intellectual property rights and other rights in or to the Maple App and Maple Website(s), and any content of either, made available by or on behalf of Maple and its licensors, belong to and remain at all times with Maple and its licensors. Save as expressly set out in these Terms of Use, you shall not obtain (i) any rights in or to our intellectual property rights or those of our affiliates, or (ii) any intellectual property rights and other rights in or to the Maple App or Maple Website(s) or any contents of either. “Maple” is the trading name of Maple and we hold registered and unregistered trade mark rights in respect of this name.   

The Maple App and Maple Website(s) are licensed and not sold under these Terms of Use. The only rights granted to you in relation to the Maple App and Maple Websites(s) under these Terms of Use are the Licenses described in Section 1 of these Terms of Use and no transfer of ownership or right to access or use any source code related to the Maple App or Maple Website(s) is granted by us.

Where you submit any content whatsoever (“Content”) to the Maple App or Maple Website(s), including without limitation any image, text, or data, you retain all intellectual property rights that you hold in such Content. You grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate such Content from time to time for any purpose relating to the Maple App, Maple Website(s) and our business from time to time.  

We welcome any feedback or suggestions for improvements relating to the Maple App, Maple Website(s) and/or any related products and services offered by us from time to time (“Feedback”).  Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this.    

Save as expressly permitted by us in these Terms of Use, you must not use the content on the Maple App or Maple Website(s) (other than content that is submitted by you to the Maple App) for any commercial purpose without obtaining written permission from us to do so first.  

 

3.             Use of the Maple App

 

In order to use the Maple App, you must create a user account (a “Maple Account”). You are responsible for all uses of your Maple Account whether by you or a third party. You should ensure that you use a strong password (if applicable) for your Maple Account and that the details of your password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorised use of your Maple Account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details or failure to use a strong password. Access to your account can become restricted or outright impossible in case of a loss of your control over the mobile number to which your account is registered.

Your Maple Account logs details of all Maples generated by you and any transfers of Maples to or from your Maple Account. Please review your Maple Account regularly. If you identify any erroneous transaction or unexpected activity on your Maple Account, or you believe that the security of your Maple Account has been compromised, you must let us know as soon as possible.

When using the Maple App on your mobile device, you acknowledge and agree that Maple operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.

The Maple App stops generating Maple Points on your mobile device if you do not open the Maple App for 30 days. Generation of Maples restarts once you next open the app.

 

4.             Maple Points

 

“Maple Points” are units of exchange that users of the Maple App may generate through verified physical movement (e.g. steps). Maple Points may be used to redeem products, services and other benefits via the Maple App, to the extent that such products, services and other benefits are offered by users. You acknowledge and agree that Maple Points may not be redeemed for cash from Maple or any of its affiliates, unless we expressly agree otherwise with you in writing.

All Maple Points are generated by the verified physical movement of users of the Maple App. Maple Points will never be generated by any other means. We reserve the right to destroy Maple Points that we have reason to believe have been created by any other means and to suspend or disable Maple Accounts used in contravention of these Terms of Use.

We reserve the right and retain the absolute discretion to determine, and alter from time to time, the eligible forms of movement, movement verification algorithms and amounts of verified movement that must be undertaken by users in order to generate Maple Points using the Maple App (for example, and without limitation, we may alter from time to time the verification algorithm or the number of verified steps required to generate a Maple). Movement verification conducted by our algorithms is considered final and cannot be revised or reversed.

We may cap the maximum amount of Maple Points that users of the Maple App may generate each day using the Maple App. The applicable cap may vary depending upon the membership level of the relevant user or other criteria that we chose to apply and we may alter such caps from time to time.  

We may from time to time impose Maple Point-denominated charges for the use of the Maple App or to enable specific functionality of the Maple App. Where we do this we will be entitled to deduct the applicable number of Maple Points from your Maple Account required to meet the applicable Maple Point-denominated charges and we may retain and use the Maple Points that we deduct for our own benefit.  We will always be transparent about any applicable Maple Point-denominated charges.

To illustrate, and without limiting our rights under the preceding paragraph, we may elect to impose a Maple Point-denominated commission charge on the generation of Maple Points entitling us to deduct a proportion of the Maple Points that you generate. We may also impose recurring Maple Point-denominated charges in relation to certain membership level categories.  

We reserve the right to impose charges in relation to the use of Maple App in fiat currency from time to time, which may be applicable to all or specific categories of users or to the use of specific functionality or services accessed via the Maple App.  The currency and amount of any such charges may be determined by us in our absolute discretion. 


5.             Acceptable Use

 

You agree that you shall not:  

 

(a)        seek to generate Maple Points by any means other than your genuine physical movement meeting the eligibility criteria specified by Maple from time to time and, in particular and without limitation, you shall not (i) simulate any such verified movement using artificial and/or mechanical means, (ii) enlist third parties to generate Maple Points on your behalf (for the avoidance of doubt, however, you may receive transfers of Maple Points from third parties using the functionality available within the Maple App); 

(b)        copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell the Maple App or Maple Website(s) or any content accessible on either, save as otherwise expressly permitted by these Terms of Use or applicable law;

(c)        operate more than one Maple Account;  

(d)        use the Maple App or Maple Website(s) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Maple App or Maple Website(s);

(e)        reproduce, frame, display or mirror the Maple App or Maple Website(s) other than as a necessary consequence of their normal operation by you;  

(f)         infringe our intellectual property rights or those of any third party in relation to your use of the Maple App or Maple Website(s);

 (g)        transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the Maple App or Maple Website(s);

(h)        use the Maple App or Maple Website(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; 

(i)          employ any technology that interferes in any way with the proper operation of the Maple App or Maple Website(s), including by blocking any advertising or promotions displayed thereon; or 

(j)          collect or harvest any information or data from the Maple App or Maple Website(s) for any commercial purpose, save as otherwise agreed in writing by us.

If we discover any breach of this Section 5 by you, we may immediately suspend or terminate your access to the Maple App and remove and delete any content from Maple App or Maple Website(s) violating this Section 5.  

 

6.             Changes and updates to the Maple App and Maple Website(s)

 

Maple reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to the Maple App and/or Maple Website(s), and/or (ii) alter the functionality or contents of the Maple App and/or Maple Website(s) with or without notice to you.

We may issue updates to the Maple App from time to time. Depending upon the nature of the update, you may not be able to continue to use the Maple App until you have downloaded the latest version of the Maple App.

  

7.             Contacting us 

 

In relation to any matters concerning the Maple App and Maple Website(s), including any feedback, questions, complaints or claims, please contact us via our email: jin@mapler.co

Maple welcomes any feedback you may have on the Maple App.

 

8.          No warranty

 

The Maple App and Maple Website(s) are provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of the Maple App, Maple Website(s) or the contents of any of them. Maple does not warrant or undertake that use and availability of the Maple App and Maple Website(s) will be uninterrupted or error-free.  

TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE MAPLE APP OR MAPLE WEBSITE(S).  IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF MAPLE IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

9.          Third Party Content

 

For your convenience Maple may include in the Maple App or Maple Website(s) links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that Maple has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.

The Maple App and Maple Website(s) may include content submitted by other users of the Maple App and Maple Website(s) (“Third Party Content”).  You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.   

The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.

 

10.          No Medical Advice

 

The Maple App allows you to track and verify your physical movement, generate Maple Points and use Maple Points to redeem goods, services and other benefits. THE SERVICES WE PROVIDE DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, ANY FORM OF MEDICAL ADVICE OR OPINION. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. The Maple App is not a tool for the diagnosis or prevention of disease. We do not endorse any third party products or services on Maple app, where these relate to your health, you should always take appropriate medical advice before using them. YOUR USE OF THE MAPLE MOBILE APP DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND MAPLE. 

 

11.          Changes and updates to the Terms of Use

 

We may change or update these Terms of Use from time to time. If we decide to do this we will post such changes or updates on our website http://www.mapler.co and on the Maple App, so that you are always aware of the terms and conditions for the use of the Maple App and Maple Website(s). If we make a significant change to these Terms of Use, we may elect to inform registered users by email, however we do not undertake to do so. Therefore you undertake to review these Terms of Use on the Maple App or Maple Website(s) from time to time to keep informed of any such updates and changes. Upon any such change or update to the Terms of Use, by continuing to use the Maple App or any Maple Website(s) you agree to be bound by such change or update.

From time to time we may make available additional terms or guidance in relation to the usage of Maple App or Maple Website(s), and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the Maple App or any Maple Website(s).  

  

12.          Limitation of liability

 

You acknowledge that the Maple App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Maple App meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with the Maple App, Maple Website(s) and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, the Maple App or Maple Website(s) or any inaccurate or incomplete content on either, or (iii) any loss, damage or other liability arising as a result of any reallocation of Maple Points by us.      

We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence up to the maximum aggregate limit specified in the following paragraph. 

 

13.          Apple’s requirements

 

As users of the App Store operated by Apple Inc, we are required to include certain legal terms in our Terms of Use, and these are set out in Attachment 1 to these Terms of Use. 

 

14. General


We may assign or transfer our rights and obligations under these Terms of Use to a third party. You are not entitled to assign or otherwise transfer these Terms of Use without our prior written consent.  Any attempt to do so without our consent will be void.  

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control.

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the provisions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These Terms of Use and their subject matter and formation, are governed by New Zealand law. You and we both agree that the courts of New Zealand will have non-exclusive jurisdiction to resolve any disputes under or in connection with these Terms of Use.

 

___

 

Attachment 1

 

App Store Terms

 

1.    The Terms of Use are concluded between you and Maple, and not with Apple Inc (“Apple”). The Maple App and its contents are the responsibility of us, our licensors and users of the Maple App (to the extent that such users create, submit or distribute any content via the Maple App) and not Apple.  

2.    The licence to use the Maple App granted under these Terms of Use is a non-transferable license for you to use the Maple App on an Apple-branded product that you own or control in accordance with the usage rules set forth in the Apple App Store Terms of Service, except that the Maple App may be accessed, acquired, and used by other accounts associated with you via any family sharing or volume purchasing arrangements with Apple.

3.    You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Maple App. We do not offer maintenance or support services in connection with the Maple App.  

4.    Apple will have no warranty obligation whatsoever with respect to the Maple App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Maple App to conform to any applicable warranty set out in these Terms of Use will be solely our responsibility.  

5.    We, not Apple, are responsible for addressing any claims by you or any third party relating to the Maple App or your possession and/or use of the Maple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Maple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. 

6.    In the event of any third party claim that the Maple App or your possession or use of the Maple App infringes that third party’s intellectual property rights, Maple and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.    

7.    You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8.    You must comply with any third party terms that are applicable to the use of the Maple App from time to time.

9.    Apple and Apple’s subsidiaries are third party beneficiaries of the Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.