Terms of Use

Welcome to Romer

We are delighted you have decided to use our software app and related services (together the Service) and we've drafted these Terms of Service (the "Terms") to explain the rules that govern the use of our Service. These Terms form a legally binding contract between you and Romer Limited (“Romer”), so please read them carefully.

First up, please note that by using our Service, you agree to the Terms. If you don't agree with the Terms, don't use the Service.

Who can use our Service

When you use the Service, you are saying that:

    •    You can form a binding contract with Romer;

    •    You are not a person who is barred from receiving the Service under the laws of New Zealand or any other applicable jurisdiction; and

    •    You will comply with these Terms and all local, state, national, and international laws, rules, and regulations when and where applicable.

    •    You have read and accepted our Privacy Policy.

If you are using the Service on behalf of a business or other entity, you are stating that you are authorised to do so and agree to these Terms on behalf of the business or other entity.

Your Use Rights and Limitations

Romer grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, licence to access and use the Service. This licence is for the sole purpose of letting you use and enjoy the Service's benefits in a way that these Terms and our other usage policies as updated from time to time allow.  You may not sub licence this licence to any other party.

Our software is designed to automatically download and install upgrades, updates, or other new features, once you have initially installed it on your device. You may be able to adjust these automatic downloads through your device's settings if you choose to.

You may not copy, modify, distribute, sell, or lease any part of our Service, nor may you reverse engineer or attempt to extract the source code of our software, unless you have our written permission to do so.

Romer Limited also notes we comply and regonise the GDPR Key Changes which took affect 25th May 2018. If you have any concers, want to 'erase' data please feel free to message us and we will work to action your request along with protecting your data along the way.

Rights You Grant Us

Our Service let you create, upload, post, send, receive, and store content. When you do these things, you retain ownership rights in any content that you have created or added, including images, video, messages, text files, or other information that is not generally available in the public domain. You grant us a licence to use your content to provide only the Service you and others use. Our use rights are also governed by our Privacy Policy and in some instances by optional settings that are available inside the app.

For all our Service, you grant Romer a worldwide royalty-free licence to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute the content. This licence is for the limited purpose of operating, providing, promoting, improving and developing the Service.

Our Service may include content that is paid for by content suppliers in various ways. In consideration for Romer letting you access and use the Service, you agree that Romer, its affiliates, and third-party partners may place paid content on the Service without any obligation to compensate you for the use of your content.

Please also note that if you volunteer feedback or suggestions, we can use your ideas without compensating you unless we agree otherwise in writing.

Responsibility of Users for their Content

Content on our Service that is produced by users and other third parties is the sole responsibility of the person or organisation that submits it. Although Romer reserves the right to review all content that appears on the Service and to remove any content that violates these Terms, our Privacy Statement or other guidelines we publish from time to time, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that you or others provide through the Service.

To be clear, we do not want the Service to be used in ways that are harmful or demeaning to others and will remove any content that we know about that significantly breaches these Terms, our Privacy Policy or other guidelines we publish from time to time.

Romer Limited can not guarantee that all content is compliant uploads and users own the photos however if a user or party has a problem with our content we will ensure to edit, change or remove any content which may not comply.

Privacy

Your privacy matters to us. You can learn how we handle your information when you use our Service by reading our Privacy Policy. We encourage you to read this as by using our Service, you are agreeing that Romer can collect, use, and transfer your information consistent with that policy.

Respect for Others’ Rights

You may not upload, post, send or store content that:

    •    violates or infringes any other person’s rights of copyright, trademark, or other intellectual-property;

    •    defames, demeans, bullies, harasses, or intimidates anyone;

    •    breaches another’s privacy;

    •    spams Romers other users;

    •    use any of our branding, logos, designs, photographs, videos, or any other materials that belong to us;

    •    use our Service or any content on our Service for any commercial purposes without our consent.

To be clear, you may not use the Service or the content on the Service in ways that are not authorised by these Terms, or help anyone else to do so.

Respecting Copyright

Romer takes reasonable steps to expeditiously remove from our Service any material infringing copyright that we become aware of. If we become aware that one of our users has repeatedly infringed copyrights, we will take reasonable steps to terminate that user's account. We also note some images may be provided from partners or other networks. If you wish to not have your image in Romer or the rights revoked please contact us and we will sort this as soon as possible for you.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Service infringes a copyright that you own or control, please may file a notice to hello@theromerapp.com.

If you file a notice it must:

    •    contain the physical or electronic signature of a person authorised to act on behalf of the copyright owner;

    •    identify the copyrighted work claimed to have been infringed;

    •    identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;

    •    provide your contact information, including your address, telephone number, and an email address;

    •    provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

    •    provide a statement that the information in the notification is accurate and that you are authorised to act on behalf of the copyright owner.

Improper use of the Service

In using our Service, you agree that:

    •    You will not use the Service for any purpose that is illegal.

    •    You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Service or extract other user's information.

    •    You will not use or develop any third-party applications that interact with the Service or other users' content or information without our written consent.

    •    You will not use the Service in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Service.

    •    You will not use or attempt to use another user's account, username, or password without their permission.

    •    You will not solicit login credentials from another user.

    •    You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.

    •    You will not upload viruses or other malicious code or otherwise compromise the security of the Service.

    •    You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Service that you are not authorised to access.

    •    You will not probe, scan, or test the vulnerability of our Service or any system or network we use.

    •    You will not encourage or promote any activity that is illegal or violates these Terms.

    •    You will not use the Service in any way that puts you or others at risk of physical injury.

Connecting with Other Users

Romer provides a process for meeting up with existing friends. If you use these features of the Service, it is very important to note that we are not responsible for the conduct of any user and we encourage all our users to exercise common sense and an appropriate level of caution in any personal meetings. You agree to take all necessary precautions in all interactions with other users if you decide to meet in person, or if you decide to send money to another user. You understand and accept that we make no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.

In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service.

Your Account

You are responsible for any activity that occurs in your account and for protecting your account and your identity and related information. In particular, you agree that:

    •    You will not create more than one account for yourself.

    •    You will not create another account if we have already disabled your account, unless you have our written permission.

    •    You will not buy, sell, rent, or lease access to your Romer account, a Romer username, or a friend link without our written permission.

    •    You will not share your password.

    •    You will not log in or attempt to access the Service through unauthorised third-party applications or clients.

If you think that someone has gained access to your account, please immediately contact hello@theromerapp.com

Purchases and Payments

We may offer third party goods and services that you can purchase through the Service. Payments or payment processing for any purchases are handled by third-party payment providers. Please check the relevant terms and conditions of the third-party payment provider and the suppliers of the goods and services for more details, including any rights to cancel a transaction and receive refunds.

It's your sole responsibility to manage your purchases. If you are under 18 (or younger than the age of legal majority in your place of residence), you must obtain your parent's or guardian's consent before making any purchases.

Telephone and Data Charges

You are responsible for any mobile charges that you may incur for using our Service, including telephone calls, text-messaging and data charges.

Third-Party Service

If you use a service, feature, or functionality that is provided by a third party and made available through our Service (including Service we jointly offer with the third party), the third party's terms will govern this party's relationship with you. Romer is not responsible or liable for third party's terms or actions taken under the third party's terms.

Modifying the Service and Termination

Romer can terminate these Terms at any time and for any reason by deleting your account.

We may add or remove features, products, or functionalities at any time without notice. Romer may also terminate these Terms with you at any time for any reason and without notice. We may also terminate the Service entirely, or impose new or additional limits that affect your ability to use the Service.

If your account is terminated by you or by us, we may continue to hold data related to your account in accordance with our Privacy Policy.  Any data we retain will be kept confidential and strictly for the purposes provided for in our Privacy Policy.

You understand and agree that Romer cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Romer, we can stop providing all or part of the Service to you.

Indemnity

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Romer, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including legal fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Service; (b) your content; and (c) your breach of these Terms.

Disclaimers

We endeavour to ensure that all our users will have a positive, continuous and error free experience with our Service. However, it is not always possible to ensure all elements of our software app or those of the third party suppliers we rely on will work perfectly. Nor will we always be able to ensure that any issues that arise are quickly resolved.

THEREFORE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE ROMER ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY ROMER CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

ROMER TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH ROMER WILL BE RESPONSIBLE FOR.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROMER AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF ROMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ROMER AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 NZD OR THE AMOUNT YOU PAID ROMER, IF ANY, IN THE LAST 12 MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Exclusive Venue

Both you and Romer agree that all claims and disputes arising out of or relating to the Terms or the use of the Service will be litigated exclusively in Christchurch, New Zealand.

Choice of Law

The laws of New Zealand govern these Terms and any disputes arising out of or relating to these Terms.

Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

Additional Terms for Specific Service

We sometimes need to craft additional terms and conditions for our Service. Those additional terms and conditions, which will be available for review by you at the time they are published, will become part of your agreement with us if you continue to use the Service.

Final Terms

    •    These Terms make up the entire agreement between you and Romer, and supersede any prior agreements.

    •    These Terms do not create or confer any third-party beneficiary rights.

    •    If we do not enforce a provision in these Terms, it will not be considered a waiver.

    •    We reserve all rights not expressly granted to you.

    •    You may not transfer any of your rights or obligations under these Terms without our consent.

    •    These Terms were written in English and to the extent a translated version of these Terms conflict with the English version, the English version will be decisive.

COMPETITION TERMS AND CONDITIONS

At times, Romer Limited will run Giveaways or Competitions through its app, website, email newsletters and social media channels to encourage our Romers and businesses.

The following Terms and Conditions apply to all Giveaways and Competitions, in addition to any special terms and conditions, which will be published through the above channels at the time when the respective Giveaway and Competition will be promoted.

By entering a Competition or Giveaway, entrants are deemed to have read, understood and accepted the following general Terms and Conditions.

Competition and Giveaway prizes are given to a number of entrants selected by random draw (unless otherwise stated).

• Entries received after a specified closing date will not be accepted. Proof of posting or emailing cannot be accepted as proof of delivery.

• Every entrant warrants that all information submitted is true, current and complete. Romer reserves the right to disqualify any entrant who does not comply with these terms and conditions.

• Competitions and Giveaways are open to New Zealand residents, aged 18 years and over, unless otherwise stated.

Icons

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Creative Common Attributions

Entries, selection, prizes

• All reasonable attempts will be made to contact Competition and Giveaway winners using details provided on their entry forms. Should those attempts fail, another winner will be drawn or selected.

• Prizes are not redeemable for cash, transferable to any other person, and cannot be used in conjunction with any other offer or promotion.

• If a prize or part of a prize becomes unavailable (for any reason), Romer reserves the right to limit entry, cancel or amend the prizes at its own and sole discretion, including providing the winner with a substitute prize, either in full or in part.

• Winners will be notified in advance if prizes are sent by courier. Couriers are instructed to have all prizes signed for on receipt. Failure to obtain a signature will result in the prize being returned to Romer and another winner may be drawn/selected.

• Romer's decision is final and no correspondence will be entered into.

Privacy  

• All entrants consent to participate and co-operate as required in all promotional activities relating to the Competition or Giveaway. If stated, entrants also agree to receiving our Romer email newsletter (which can be unsubscribed from at any time).

• Entry forms will not be returned. All information provided by the entrants will be collected, used, stored, disclosed and corrected in accordance with the Privacy Act 1993. All entrants have the right to access their information and request for any personal information to be corrected.

Exclusions

• The following persons are not eligible to win any prize:

• Anyone under the age of 18 at the time of entering the Competition or Giveaway (unless otherwise stated).

• Anyone not a resident of New Zealand at the time of the prize draw.

• Anyone who works for Romer or any associated organisations, their immediate family members or any agencies or companies associated with the Competition or Giveaway.

• Romer reserves the right to exclude any entrant from participating at its sole discretion. Romer also reserves the right to refuse to award a prize to an entrant who is in breach of these Terms and Conditions, gained an unfair advantage in participating or won by using fraudulent means.

• Romer will not be liable for any loss, damage, costs (for instance incurred in accepting or redeeming a prize) or any injury whatsoever suffered by an entrant as a result of or in connection with the Competition or Giveaway, including any inability to enter, complete or continue the competition or giveaway due to equipment or technical malfunction.

• Romer reserves the right to amend or change these Terms and Conditions at any time at its sole discretion, including extending, postponing or cancelling the Competition or Giveaway.

• These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the New Zealand Courts.

Contact Us

We welcome comments, questions, concerns, or suggestions. Please send feedback to us by visiting at hello@theromerapp.com