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Christmas 2020 AR Experience terms & conditions

New Zealand Post Augmented Reality Christmas - Terms and Conditions

New Zealand Post (us, we or our) is offering its customers (you) the New Zealand Post Augmented Reality Experience (AR Experience) this Christmas. 

To offer our AR Experience, we use the Magenta App developed by Insight Creative for the AR Experience to display on your phone (App), and we have developed a Quick Response code (QR code) using QR Code Generator to make it easy for you to scan our specially designed QR stamps in order for you to use the App and enjoy the AR Experience.

Although it’s easy to skip these terms and conditions (Terms), it is important that you read them because they set out important information about your use of the App.  Please review these Terms regularly because we may update them without providing you with notice. 

If you are under 18 years old, then please ask your parent or guardian to read these Terms with you.

These Terms should be read in conjunction with our Terms and Conditions available here: https://www.nzpost.co.nz/about-us/who-we-are/terms-of-business/standard-terms-products-services/public-contract. Our Terms and Conditions will prevail if there is a conflict between them and these Terms.

How the App Works

The App provides you with a single user, non-assignable, royalty-free, non-exclusive licence to view and interact with the App to undertake our AR Experience. 

The App requires access to your device’s camera to track images or detect appropriate flat surfaces to generate the augmented reality and you will need to enable the App to use and access your camera.

The App uses the camera on your smartphone or tablet to digitally impose the customised AR Experience over the camera lens view.  When you focus your camera lens on one of our specifically designed QR Code Christmas stamps, you will be able to review enjoy the AR Experience and learn about the Christmas nativity story.

Your responsibilities when using the App

The App content is viewed and interacted with using a mobile device which belongs to you, or if it belongs to someone else then it is your responsibility to acquire explicit permission from them to use the App on their device.

You must not use, reproduce, copy, distribute, sell, lease to any third party, publish, or in any way alter, any content or graphics of the overall AR Experience, or any copyright branding such as New Zealand Post branding or Magenta or Insight Creative.  We and those parties, each own our own Intellectual Property.  

You must not alter or modify in any way or use in any other medium whether derived from the App’s other experiences or not, the App content or the AR Experience.  You must not reverse engineer, disassemble or attempt to extract any content hosted on the App or the AR Experience.

You are responsible for costs associated with using the App on your mobile device, for example, any data charges that you may incur to use the App or the AR Experience. The features and content of the App may change without prior notice; for example, patch updates, bug fixes, revised user interface and interactable features. You authorise us to install updates to the App automatically to your device.

The App and AR Experience content hosted in the App, may be temporarily or permanently unavailable without prior notice to you.  We, or other third-parties, may run promotions through the App. We’ll include all the important information about the promotion on the App, including any terms and conditions for that promotion.

Information we collect when you use the App (‘Activity Information’)

While using the App and QR code, we collect anonymous activity and location information.  Specifically, the following activity information is collected:

·       location of where the App is accessed and used;

·       how many times an experience is activated;

·       the volume of use as well as operating system data;

·       duration of experience activation;

·       how many times cookies and buttons as well as links that have been clicked; and

·       information about your device operating system.

Neither the App or QR code records any footage while your device's camera is in use or when using the App for the AR Experience. 

How we use the information we collect and how we disclose it third parties

We use the activity information in the following ways:

·       to give us feedback on customised content;

·       analyse how the AR Experience is being used; and

·       to optimise the content, we deliver.

We will only share your activity information with Insight Creative for these purposes and we will do so anonymously.

Updates and changes

This document is updated when necessary, as new features are updated within the App and new content is added. Any changes will apply from the date we post the update. You have the right to ask for a copy of any personal information we hold about you please contact us at privacy.officer@nzpost.co.nz

Disclaimer

While we take reasonable care in providing the AR Experience through the App, it is important to remember that the App is created by Magenta (Insight Creative). You must read their privacy policy and terms of use before using the App which is available here https://www.insightcreative.co.nz/magenta  Similarly, we have also used a third-party, QR Code Generator, to generate the QR code and again you must read their terms and conditions (available here: https://www.qr-code-generator.com/company/terms/) and their privacy statement (available here: https://www.qr-code-generator.com/company/privacy-policy/) before you use the App or the AR Experience.

It is your responsibility to take precautions to protect yourself, your devices and computer systems from electronic interferences and we do not provide any warranties, guarantees, indemnities, nor do we owe any liability to you that may arise from the use of the App or QR Code.  Any redress you may have will be with those third-party providers at our exclusion.

As a result of the nature of the internet and pursuant to our reasonable efforts to ensure that our AR Experience does not transmit bugs, malware, viruses or other harmful or destructive electronic interferences (electronic interferences) , we provide no warranties guarantees that the AR Experience, the App, or the services that Magenta (Insight Creative) provide, will be free from errors or harmful electronic interferences or that the AR Experience will be uninterrupted. 

We reserve the right to vary, suspend, modify, or delete any part or in in its entirety, the AR Experience, App, or the QR Code, in part or its entirety, at any time and without prior notice.

Limitation of Our Liability

Subject to the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, but otherwise to the maximum extent permitted by law, we are not responsible or liable for, any loss or damages whether direct, indirect or consequential, suffered by you in connection with or arising from your use of the AR Experience, the App, the QR Code, or any third party product you access from the App or AR Experience.   If we are liable to you in any way, then our liability is capped to (NZD) $10.00.

We do not make any representations or warranties (whether express or implied) about the AR Experience, App, QR Code or any third-party websites that you access through the APP or AR Experience; We make no representations as to warranty or guarantee concerning any of our or on behalf of any third-party applications, products and services that may or may not include your use of the App or QR Code. You maintain full responsibility for your dealings with any third-parties (Magenta (Insight Creative) or QR Code Generator) and you use of any benefit or service provided by those third parties.    

Miscellaneous

All rights, title and interest in all intellectual property in all concepts, systems, written, graphic and other material relating to the App and its contents is owned by, and will at all times remain, the exclusive property of New Zealand Post or the App’s developers.

These terms are governed by and construed in accordance with the laws of New Zealand and, in the event of any legal action in connection with these terms, you agree to submit to the exclusive jurisdiction of the courts of New Zealand.  Each party will pay for their own respective costs associated to any proceedings (formal or informal).