Overview

1. This EULA is between the Public Service Commission (PSC, we, us, or our) and you or the entity you represent (you or your).
2. This EULA governs your use of the NZ Verify/Whakatūturu app (the app), which includes downloading, installing, accessing and using (use) on any devices with which the app is compatible (device). Any reference in this EULA to the app must be read as including a reference to data, information and content made available through the app.
3. By using the app, you agree to this EULA. If you do not agree, you must uninstall and not use the app.
4. You do not obtain any rights under this EULA against the app store from which you obtained the app.

Eligibility

5. You are eligible to use the app if you are in New Zealand and intend to verify credentials for legal purposes (‘Eligible User’).
6. By using the app, you represent and warrant that you are an Eligible User. If you are not (or no longer) an Eligible User, you must uninstall and not use the app.

Scope of licence

7. Subject to the clauses about eligibility above and the clauses about open source software below, we grant you a revocable, non-exclusive, non-transferable right to use the app on a compatible device.
8. You understand and agree that we may, at any time and without notice, upgrade, update, replace or discontinue the app and/or change this EULA. If you do not agree with any such changes, your sole remedy is to terminate this EULA and uninstall the app.
9. You must not distribute the app or make it available to any third party, including over a network where it could be used by multiple devices or end users at the same time. Unless otherwise specified by us, this EULA governs all versions of the app, including any upgrades or updates provided or made available by us.
10. You must not reverse-engineer, decompile, disassemble, attempt to derive the source code of, modify, copy or create derivative works of the app, any updates, or any part of the app (except to the extent that any such restriction is prohibited by applicable law).

Open Source Software

11. The app may include open source software that is subject to one or more open source licences (‘Open Source Software’). Any such Open Source Software is licensed under its applicable licence terms, and is not subject to the terms and conditions of this EULA unless otherwise specified. For a full list of Open Source Software used in the app, including third-party notices containing credits or attributions where required for the use or redistribution of such Open Source Software, please visit Libraries in use — MATTR Learn for verifier apps.
12. Even where Open Source Software is governed by other licence terms, the limitations of liability set out in clauses 17-20 will continue to apply as between you and us, except to the extent that any such limitations are prohibited by applicable law.

Use of Data

13. We (and our suppliers and licensors) may collect, use, disclose and otherwise deal with technical data and related information, including technical information about your device, system and application software, and peripherals, that is gathered to facilitate the provision of software updates, product support, resolve technical issues, identify issues or problems that caused the app to fail or crash reporting and other services related to the app. We and/or our suppliers and licensors may use this information to improve the app.
14. We will use your personal information in accordance with our privacy policy.

Intellectual Property Rights

15. We and our licensors (including MATTR Limited) own all rights, title and interest in the app. Nothing in this EULA operates to transfer or assign ownership of intellectual property rights, or confers on you any right, title or interest in or to any of our intellectual property rights or to any third party intellectual property rights.

No warranty

16. Use of the app is solely at your risk. The app is provided on an “as is” and “as available” basis, without express or implied warranties, guarantees or conditions of any kind. We and our licensors do not represent or warrant:
    • the accuracy, merchantability, non-infringement, or fitness of the app for any particular purpose;
    • the accuracy or completeness of any data, information or content (including any text, graphics, links or other items) contained in or made available through the app or through any platforms, including third party platforms, we use to communicate with you in relation to the app;
    • that the app will be updated or supported by us or our licensors at any particular frequency or any particular period of time, or that the app will support the creation and maintenance of backups;
    • that use of the app will be uninterrupted or error-free; or
    • that the app will be free of viruses, worms, denial of service attacks, or other harmful components or codes.

Limitation of liability

17. You may not make any claim arising out of or in connection with the app against any of our licensors, service providers, suppliers or any of their related companies. None of our licensors, suppliers, service providers or any of their related companies (or their respective officers, employees, contractors and agents or officers, employees, contractors and agents of their related companies), will be liable to you or required to compensate you for any losses you may suffer in connection with your use of the app.
18. To the maximum extent permitted by law, we and our licensors will not be liable to you for any direct or indirect liability, loss, damage, cost or expense (including loss of profits, loss of revenue, business interruption, loss of savings, loss of information or data, or any indirect, special, incidental or consequential loss of any kind) arising out of or in connection with your access and use of (or inability to access and use) the app, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, even if we or our licensors have been advised of the possibility of such damages.
19. If required under the terms of the store from which you download and install the app onto your device, we will provide you with a refund of any fees paid for the app. Where applicable, any such refund is our sole and exclusive liability to you for any liability, loss, damages, costs and expenses (other than for any liability, loss, damage, costs and expenses that cannot be limited at law). The refund of fees in any other circumstances is at our sole discretion.
20. To the extent that the preceding limitations of liability are held to be invalid in whole or in part in relation to any liability, loss, damages, costs and expenses, then unless the following paragraph applies, our (and our licensors’) total liability to you for any such liability, loss, damages, costs and expense (other than to the extent they cannot be limited at law) will not exceed NZD 50.00.

Third party materials and terms

21. Clause 22 is not to be read as limiting any other provision of this EULA.
22. The app may receive, display, make available or process certain third party data, information or content (‘Third Party Materials’). You use the Third Party Materials at your own risk. We are not responsible for examining or evaluating the content or accuracy of any Third Party Materials, and will not be liable in relation to any Third Party Materials. You must not use the Third Party Materials in any manner that is inconsistent with this EULA or that infringes our or a third party’s intellectual property rights.
23. You are solely responsible for complying with the terms of any applicable third party agreement or licence terms that apply in connection with such Third Party Materials.

Termination

24. This EULA is effective until terminated by you or us.
25. This EULA terminates on the earlier of: (a) breach of this EULA by you, or (b) we give you notice of termination (which may be given at any time without cause).
26. If this EULA is terminated, you must immediately uninstall and cease to use the app (including all copies of the app).

Governing Law, Waiver and Severability

27. This EULA and any dispute or claim arising out of or in connection with it or the app will be governed by and construed in accordance with the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand to deal with any dispute, litigation or other matter relating to this EULA or the app.
28. You must not object to the transfer of any proceedings to New Zealand courts on any basis, including inconvenience. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
29. Failure or delay by either party to enforce any provision of these Terms shall not constitute a waiver of that or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the waiving party.

Verification Scope and Limitations

33. The App is designed solely to verify the authenticity of digital credentials issued by supported organisations (or such other organisations that we notify from time to time). A list of the supported organisations can be found in this app via “Settings > Trust Issuers List”.
34. While it provides confirmation that the digital credential presented is issued by the relevant authorities, the app does not alter the legal status of the document in any way.
35. Use of this app does not imply that the digital credential can be accepted in situations or for purposes beyond those established under New Zealand law. It remains the user’s responsibility to ensure that the use of any digital credential complies with applicable legal and regulatory requirements.
36. By using this application, you acknowledge and agree that the app functions within the framework of existing New Zealand law. It does not confer any new rights, permissions, or endorsements regarding the use of a digital credential.

General

34. If, at any time, any provision of this EULA is or becomes illegal, invalid or unenforceable to any extent, then that provision will be read down so that it becomes legal, valid or enforceable, or if that is not possible, then that provision will be deleted. The other terms of this EULA will continue to apply with full force and effect.
35. Any reference in this EULA to “including” and similar expressions are not used as, nor are they intended to be, interpreted as words of limitation.

Apple requirements

36. Where you use the app on an Apple device, you acknowledge that:
    • this EULA is between the PSC and you, and not Apple;
    • Apple has no responsibility or liability in respect of any matter relating to the app, including your use or possession of the app or the provision of maintenance or support services relating to the app;
    • The PSC, and not Apple, is responsible for addressing any claims relating to the app or your possession or use of the app, including:
      • product liability claims;
      • any claim that the app fails to conform to any applicable legal or regulatory requirement; and
      • claims arising under consumer protection, privacy or similar legislation;
    • if the app fails to conform to any applicable warranty, you may notify Apple, and Apple’s sole liability will be to refund to you any purchase price for the app. Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty not expressly excluded under this EULA will be the PSC’s sole responsibility;
    • in the event of any third party claim that the app, or your possession and use of the app, infringes that third party’s intellectual property rights, the PSC (and not Apple) will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
37. The PSC and you agree that Apple, and any Apple subsidiary, are third party beneficiaries of this EULA and that Apple has the right to enforce the EULA against you as a third party beneficiary. Otherwise, this EULA does not create any third-party beneficiary rights in any individual or entity that is not a party to this EULA.
38. You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a terrorist supporting country, and you are not listed on any US Government list of prohibited or restricted parties.