MISH TERMS AND CONDITIONS

Introduction

1.1   These terms and conditions (Terms) are entered into between Roadie Limited NZCN 8464323, trading as Mish (we, us or our) and you, together the Parties and each a Party.

1.2   We provide a ridesharing platform where drivers (Drivers) and passengers (Passengers) travelling from a given location to a given destination (Trip) can connect and transact in order to enable them to share the Trip and its associated costs (Platform). We are solely responsible for providing the Platform. We will not be responsible for any aspect of the Driver and Passenger interaction, including the Trip offered by the Driver, the Seat Price, the description of the Trip and the vehicle offered, any advice provided, and the performance of the Trip.

1.3   In these Terms, you means (as applicable) the person or entity registered with us as either a Driver or Passenger or the individual accessing or using the Platform.


Acceptance and Platform Licence

2.1   You accept these Terms by accepting these Terms on the Platform.

2.2   You must be at least 18 years old to use the Platform.

2.3   We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment and it adversely affects your rights, you may terminate your Account. If you terminate your Account, you will no longer be able to use the Platform on and from the date of termination.

2.4   If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

2.5   We may use Earth mapping services, including Google Maps API(s). Your use of third party APIs may be subject to their terms of use.

2.6   Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

2.7   When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using the Platform to defame, harass, threaten, menace or offend any person;

(c) using the Platform for unlawful purposes;

(d) interfering with any user of the Platform;

(e) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);

(f) using the Platform to send unsolicited electronic messages;

(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or

(h) facilitating or assisting a third party to do any of the above acts.


Accounts

3.1   You must register on the Platform and create an account (Account) to access the Platform’s features.

3.2   You may only have 1 Account on the Platform which you can use as a Driver and as a Passenger.
3.3   You must provide basic information when registering for an Account including your full name, phone number, email address, New Zealand driver’s license, photo Identification, credit/debit card information, bank account number, and you must choose a username and password.

3.4   Where you are a Driver, you must also provide us with information about your vehicle, including its make and model, colour, the expiry date of its warrant of fitness, and its registration number.

3.5   Where you are a Driver, you must hold a full driver’s license.

3.6   Where you are an international Driver, you must also provide us with any additional information we require in order to process payment of the Seat Price to you in accordance with clause 7.

3.7   Once you have registered an Account, your Account information will be used to create a profile which you may then curate.

3.8   All personal information you provide to us will be treated in accordance with our Privacy Policy.

3.9   You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.

3.10   You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

3.11   We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of services and threshold of reviews.

3.12   You acknowledge and agree that we do not perform criminal record or criminal conviction checks on Drivers or Passengers, and we will not be responsible for a Driver or Passengers failure to comply with clause 12.1(b).


Platform summary

4.1   The Platform is a marketplace where Passengers and Drivers can find each other for ridesharing purposes, where Drivers can advertise Trips and Passengers can book Trips. We provide the Platform to users (including hosting and maintaining the Platform) and process payments between Passengers and Drivers (together the Mish Service). You understand and agree that we only make available the Mish Services. We are not party to any agreement entered into between a Drivers and a Passengers and we have no control over the conduct of Drivers, Passengers or any other users of the Platform.

4.2   A Driver wanting to advertise available seats in their vehicle for a Trip creates an Account on the Platform and posts an accurate and complete description of the Trip, including the destination they are traveling from, the destination they are travelling to, the price per seat (Seat Price) and the number of seats available in their vehicle (Driver Listing).

4.3   By advertising available seats, the Driver confirms that it is legally entitled to and capable of supplying the Trip described in the Driver Listing.

4.4   A Passenger wanting to travel to a given destination creates an Account on the Platform to view and browse matched Driver Listings.

4.5   A Passenger may book a seat in the relevant vehicle for the Trip described in a Driver Listing by making a booking through the Platform. The booking is an agreement from the Passenger to the Driver to share the Trip described in the Driver Listing. Once the Passenger has submitted a booking through the Platform, it becomes a Confirmed Booking.


Communication

5.1   We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.

5.2   Passengers and Drivers must communicate using the private messaging function within the Platform. You accept that these messages are monitored via our administration team. Passengers and Drivers can communicate privately using the messaging function after a Booking is made.

5.3   Passengers and Drivers must not use the contact details to organise the provision of the Trip off the Platform, or otherwise to attempt to circumvent the payment of Service Fees to us.


Payments

6.1   In consideration for providing the Platform, we will charge a service fee of 15% of the Seat Price to the Passenger (Service Fee). Included within the Service Fee is a payment processing fee, which covers any third-party payment processing fees (Stripe Processing Fees). The Stripe Processing Fees will be paid to us at the same time as the Passenger pays the Seat Price through the Platform.

6.2   As a Passenger, you agree to pay and your chosen payment method will be charged the Seat Price, the Service Fee and GST.

6.3   As a Passenger, payment will be processed when you make a Confirmed Booking for a Trip.

6.4   As a Driver, you acknowledge and agree that the maximum reimbursement for your provision of the Trip is $0.73 (including GST) per kilometer driven in accordance with the rate set by the Minister of Transport as at 1 October 2017 for facilitated cost-share services. Where you charge more than $0.73 (including GST) per kilometer driven, you may be liable to additional tax requirements and may require additional endorsements on your license. The rate set by the Minister of Transport for facilitated cost-share services is subject to change. We are not required to inform the Driver of any change to this rate and it is the Drivers responsibility to confirm the current rate before posting a Driver Listing.

6.5   The Seat Price will be deposited in the Driver’s merchant account as linked in your Account within 10 calendar days of the Trip’s completion.

6.6   The payment methods we offer for the Service Fees and for the Seat Price are set out on the Platform. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

6.7   You must not pay, or attempt to pay, the Seat Price and the Service Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise us or our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.

6.8   You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us in connection with the Platform.

6.9   We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.


Drivers with International Bank Accounts

7.1   Where you are an international Driver, you must provide us with any additional information we require in order to process payment of the Seat Price to you, including the branch details, address, and any branch identifier associated with your bank account.

7.2   Where you are an international Driver:

(a) If the Passenger cancels more than 24 hours before the planned departure time of the Confirmed Booking, the Passenger shall be refunded the Seat Price, Service Fee and GST, minus the Stripe Processing Fees. The Stripe Processing Fees are retained by us and the Driver does not receive any sum of any nature.

(b) An international bank transfer fee will apply, which we will deduct from the Seat Price. You acknowledge there may be additional bank charges deducted by your overseas bank, for which we are not responsible for.

(c) Payments to Cook Islands, Tonga, Samoa, American Samoa, Vanuatu, Kiribati, New Caledonia, French Polynesia, Papua New Guinea, Solomon Islands, Tuvalu and Fiji incur a $0 international bank transfer fee. All other countries are subject to a $5 international bank transfer fee.



Refunds and Cancellation Policy

8.1   For disputes between Passengers and Drivers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.

8.2   Where a Confirmed Booking is cancelled by the Passenger:

(a) If the Passenger cancels more than 24 hours before the planned departure time of the Confirmed Booking, the Passenger shall be refunded the Seat Price, Service Fee and GST, minus the Stripe Processing Fees. The Stripe Processing Fees are retained by us and the Driver does not receive any sum of any nature.

(b) If the Passenger cancels 24 hours or less before the planned departure time of the Confirmed Booking, the Passenger shall be refunded the Seat Price, Service Fee and GST minus the Stripe Processing Fees. A $5 cancellation fee (Cancellation Fee) is then charged to the Passenger. The Stripe Processing Fees and Cancellation Fee are retained by us, and the Driver does not receive any sum of any nature.

8.3   Where a Confirmed Booking is cancelled by the Driver:

(a) If the Driver cancels more than 24 hours before the planned departure time of the Confirmed Booking, the Passenger shall be refunded the Seat Price, Service Fee and GST, minus the Stripe Processing Fees. The Stripe Processing Fees are retained by us and the Driver does not receive any sum of any nature.

(b) If the Driver cancels 24 hours or less before the planned departure time of the Confirmed Booking, the Passenger will be refunded the Seat Price, Service Fee and GST, minus the Stripe Processing Fees. The Driver will be charged the Cancellation Fee. The Stripe Processing Fees and Cancellation Fee are retained by us, and the Driver does not receive any sum of any nature.

(c) If the Driver does not arrive at the meeting place of the Confirmed Booking, the Passenger will be refunded the Seat Price, Service Fee and GST, minus the Stripe Processing Fees. The Driver will be charged the Cancellation Fee. The Stripe Processing Fees and Cancellation Fees are retained by us, and the Driver does not receive any sum of any nature.

8.4   Where a cancellation occurs before departure and owing to the Passenger, the Seat(s) cancelled by the Passenger shall be automatically made available to other Passengers, who may book them online and they are accordingly subject to these Terms and Conditions.

8.5   This clause will survive the termination or expiry of these Terms.


International Drivers

9.1   Where you apply to become a Driver and are the holder of a driver’s licence from any country outside of New Zealand, you acknowledge and agree that:

(a) you have a current and valid overseas licence (or an international driving permit), and (b) you have not at any time been disqualified or suspended from driving in New Zealand; and (c) you have been in New Zealand for less than 12 months.

9.2   Where your driver’s licence is not in English, you agree to obtain and provide us with an accurate English translation or an English international driving permit. Such translation must be issued by:

(a) A translator approved by the NZ Transport Agency (a list of which is here); (b) A diplomatic representative at a high commission, embassy or consulate; or (c) The authority that issued your overseas licence.

9.3   You agree to provide us with any information we may require for the purposes of verifying your international driver’s licence. You warrant and agree that all information you provide to us is truthful and accurate.

9.4   Where you do not comply with the above requirements, we reserve the right to reject you as a Driver on the Platform.


Customer Support

10.1   Where you have an issue with the Platform or otherwise require customer support, you may lodge a support request via the Platform.

10.2   We are regularly monitoring our support requests, and will aim to respond to any support requests within 48 hours.


Ratings

11.1   Passengers may rate their experience with the Driver on the Platform, including the Trip, and Drivers may rate their experience with the Passengers, including the Trip, by providing a rating from 1 to 5 (Ratings).

11.2   Ratings are anonymous and are not linked to a particular Trip.

11.3   Ratings can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.

11.4   You agree to provide fair and accurate Ratings. If we consider that the Rating is unfair or inaccurate, we may delete the Rating or ban you from posting the Rating. We do not undertake to review each Rating. To the maximum extent permitted by law, we are not responsible for the content of any Ratings.

11.5   This clause will survive the termination or expiry of these Terms.


Intellectual Property

12.1   All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

12.2   We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.

12.3   You must not, without our prior written consent:

(a) copy, in whole or in part, any of Our Intellectual Property;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

12.4   Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(a) you do not assert that you are the owner of Our Intellectual Property;

(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(d) you comply with all other terms of these Terms.

12.5   This clause will survive the termination or expiry of these Terms.


Warranties

13.1   You represent, warrant and agree that:

(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business; (b) you do not have a criminal record or criminal conviction history;

(c) there are no legal restrictions preventing you from entering into these Terms; and

(d) all information and documentation that you provide to us in connection with these Terms is true, correct and complete.

13.2   Where you are a Driver, you represent, warrant and agree that:

(a) you are responsible for complying with all laws, rules and regulations which apply to providing the Trip in your Driver Listings

(b) you are offering Trips in vehicles you own or use with the express permission of the owner, and in all cases that you are authorised to use for the purposes of ridesharing;

(c) where you are renting a vehicle, you are offering Trips with the express permission of the rental agency, and in all cases that you are authorised to use for the purposes of ridesharing;

(d) you are not disqualified from driving, are not on any medication and have no medical or other conditions which affect your ability to operate a vehicle safely;

(e) you have comprehensive insurance cover for your vehicle with a reputable insurance agency;

(f) you do not offer more seats than the number available in your vehicle;

(g) your vehicle is in good working order and condition and complies with all applicable laws and has all required warrants of fitness or certificates of fitness;

(h) you have a working seatbelt for each seat; and

(i) you are solely responsible for determining the type, timing, manner and means and the methods or processes of providing your Trip. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the Trips you offer. You are responsible for paying your own taxes and insurance premiums. We do not set your work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your Trip.


New Zealand Consumer Law

14.1   Certain consumer protection laws (such as the Consumer Guarantees Act 1993 and the Fair Trading Act 1986) and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of our services which cannot be excluded, restricted or modified.

14.2   If such laws apply to you as a consumer, nothing in this Agreement excludes your consumer law rights. You agree that our Liability for the Services provided to an entity defined as a consumer under legislation is governed solely by that legislation and this Agreement.

14.3   Subject to your consumer law rights, we exclude all express and implied warranties, and all material, work and services (including the Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or any other basis. Any implied condition or warranty (including any warranty under Part 3 of the Contract and Commercial Law Act 2017) is excluded.

14.4   This clause will survive termination or expiry of this Agreement.


Limitations on liability

15.1   To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

(a) any aspect of the Driver and Passenger interaction including the Trip offered by the Driver, the Seat Price, the description of the Trip and the vehicle offered, any advice provided, and the performance of the Trip.

15.2   Despite anything to the contrary, to the maximum extent permitted by law:

(a) neither Party will be liable for Consequential Loss;

(b) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that party to mitigate its losses; and

(c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Service Fees and Listing Fees paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of Fees paid, an amount equal to 12 months of Fees calculated on a pro rata basis having regard to the amount of Fees paid and the period of time).

15.3   This clause will survive the termination or expiry of these Terms.


Termination

16.1   Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings. Your cancellation will take effect from the date of termination.

16.2   These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

(b) the Defaulting Party is unable to pay its debts as they fall due.

16.3   Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.

16.4   Upon expiry or termination of these Terms:

(a) we will remove your access to the Platform and your Account will be deleted;

(b) we will immediately cease providing the Mish Services;

(c) where you are a Passenger, we will cancel any existing Confirmed Bookings;

(d) where you are a Driver, we will cancel any existing Confirmed Bookings; and

(e) where we terminate the Terms as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.

16.5   Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees, Service Fees or Seat Price paid on a pro-rata basis.

16.6   Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

16.7   This clause will survive the termination or expiry of these Terms.


Notice regarding Apple

17.1   To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

17.2   Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

17.3   To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

17.4   Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

17.5   Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

17.6   You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.

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

17.8   You hereby represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.


General

18.1   Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

18.2   Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

18.3   Confidentiality:Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Platform to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by a Passenger, or by a Driver.

18.4   Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Passenger and us, or a Driver and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New Zealand to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

18.5   Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

18.6   Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations, and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

18.7   Further assurance:Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.

18.8   Governing law: These Terms are governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

18.9   Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

18.10   Privacy: Each Party agrees to comply with the legal requirements of the New Zealand Privacy Principles as set out in the Privacy Act 2020 and any other applicable legislation or privacy guidelines.

18.11   Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

18.12   Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

18.13   Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.


Definitions

19.1   Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Fee under these Terms will not constitute “Consequential Loss”.

19.2   Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.

19.3   Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.

19.4   Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

MISH-REFUNDS AND CANCELLATION POLICY

MISH-PRIVACY POLICY

• the types of personal information we may collect about you;
• how we might collect your personal information;
• how we may use and disclose your personal information;
• how we will store your personal information;
• our use of cookies and analytics tools in connection with our Services;
• your rights to request access to and correction of your personal information; and
• how you can contact us if you have any other questions regarding our collection, use, storage and disclosure of your personal information.

Personal information

The personal information we collect

How we collect personal information

We collect personal information in a variety of ways, including:

Collection and use of personal information

Personal information: We may collect, hold, use and disclose personal information for the following purposes:

Disclosure of personal information to third parties

We may disclose personal information to:

You can opt-out of Google Analytics Advertising Features including using a Google Analytics Opt-out Browser add-on found here. To opt-out of personalised ad delivery on the Google content network, please visit Google’s Ads Preferences Manager here or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their plugin here. To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile device: On android open the Google Settings app on your device and select “ads” to control the settings. On iOS devices with iOS 6 and above use Apple’s advertising identifier. To learn more about limiting ad tracking using this identifier, visit the settings menu on your device.

Your rights and controlling your personal information

Storage and security

Privacy breach notification process

1. Acting to contain the breach.
2. Assessing the extent of the breach, including considering those factors in Section 113 of the Privacy Act 2020.
3. Notifying the Privacy Commissioner and those affected by the breach directly, or, if this is not practical, via public notice.
4. Reviewing our policies and procedures to prevent such an incident or breach occurring again.

Cookies

Links to other websites

Use of Google API Services (this section applies to personal information accessed through Google API Services)

Use of geo-localisation data

Amendments