Issue date: June 2017
Thank you for downloading the Toast Mobile Application ("Toast App").
The Toast App has been developed as a practical and entertaining way for any adult who likes wine to remember the wine they like and to share it along with their wine moments with friends.
“Toast”, the brand and service is owned and operated by Rubberduck Consulting Limited, a registered company in New Zealand (Company Reg. 5360621), hereafter referred to as “Company, we, us, our, ourselves”
Acceptance of Terms
Access & Restriction of Use
We are committed to providing services and offers through the Toast App to our App users (“Users”). Toast provides the Services solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Toast performs for you, any applications or widgets offered by Toast that you download from the Site or, subject to the terms set out under the "Social Postings, User Content and other websites" section below, from third party websites authorized by Toast , as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).
Sign Up, Registration and Eligibility
As a condition to using the Toast App, you are required to sign up. By signing up and creating a unique App username, you represent, warrant and covenant that you provide Toast with accurate, truthful, and complete sign-up information (including, but not limited to your name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your sign-up information accurate and up-to-date.
You shall not:
- provide any false personal information (including a false User Name)
- create any account for anyone other than yourself without such person's permission, or the name of another person with the intent to impersonate that person;
- use a User Name, Display Name or Toast account that is subject to any rights of a person other than you without appropriate authorization; and,
- use a User or Display Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
Toast reserves the right to refuse sign-up of, or terminate a User or Display Name in its sole discretion (see 10. Termination)
Notifications and In-App Service Messages
You agree that we may provide notices to you via advertisement banners on the Service, or an email sent to an address you provided, or through other means as consented by you (such as In-App messages). Please review your settings regularly to control and limit what kind of messages you receive from us. If you feel that you have received notifications and service messages without consent, please contact us at firstname.lastname@example.org.
Social Postings, User Content and other websites
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the user who originated such Content. Toast cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom (refer 7. Liability).
Links on the Toast App may take you outside of the application owned content. We do not take responsibility for the content, accuracy or function of third party websites at any time. Your relationship with, and any activities on, any third party website is governed by that website's terms and conditions and you cannot invoke a third party website's terms and conditions in your account relationship with Toast.
Use of the additional information collected from you by third parties (such as Facebook) when you choose to "share" photos or comments from the App to those sites will also be subject to those sites' privacy and platform policies. You must not post or share offensive or unlawful content via the Toast App.
We do not seek to own Your Content. However, we do require certain rights in order to operate the Service. Therefore, you acknowledge and agree that by using the Service, you grant to us an irrevocable, perpetual, non-exclusive, royalty free, sub-licensable, transferable worldwide licence and all necessary consents to use, download, make copies of, store and display Your Content, which you upload, post or otherwise display or share via the Service, for the purpose of providing the Service, as determined in our sole discretion.
Toast App Content
The Service contains Content specifically provided by Toast or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
The “Tips” section is a value add service through the Toast App. Its purpose is to inform/assist users in the context of personal opinions, tips and handy hints sourced off the internet and has not been verified or tested by Toast. This information should not be considered, depended on or treated as legal, expert or accurate information in any way. In no event shall Toast be liable for any damages or consequences if any Information is found to be in violation of copyright laws or infringement of intellectual property rights other than to remove the material in question from the App.
As a user, you have certain general rights under consumer protection legislation ("Consumer Rights"), which cannot be excluded or limited by Toast. Your Consumer Rights include statutory guarantees that any services supplied to you will be provided in a timely manner and fit for any notified purpose. Nothing in the App Terms is intended to exclude, restrict or modify your Consumer Rights.However, to the extent that it is permitted by law to do so, we make no representations or warranties, express or implied with respect to the availability, performance, security, characteristics or operation of the App, and will not be responsible for breach of any such implied term.
You agree to be liable to and hold harmless Rubberduck Consulting, its partners, officers, employees, agents, licensors, suppliers, attorneys and all other persons providing information from and against all liability, damage, loss, costs, fees (including reasonable legal fees) arising out of or in connection with any breach by you of these App Terms and any and all unauthorised use you may make of any materials on this App.
Rules and Conduct
By way of example, and not as a limitation, you shall not upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
- infringes any patent, trademark, copyright or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, indecent, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Toast in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- contains software viruses or any other computer codes or software designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any equipment or to damage or obtain unauthorized access to any system, data, password or other information of Toast or any third party;
- impersonates any person or entity, including any employee or representative of Toast;
Toast has a zero-tolerance policy against child pornography or other socially offensive material or content. We will not hesitate to report any posts of this nature including any personal information pertaining to the offending user to law enforcement authorities immediately.
Toast may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may do so by following the instructions on the Toast App.
You agree to be liable to and hold harmless Toast, its partners, officers, employees, agents, licensors, suppliers, attorneys and all other persons providing information from and against all liability, damage, loss, costs, fees (including reasonable legal fees) arising out of or in connection with any breach by you of these App Terms and any and all unauthorised use you may make of any materials on this App.
Limitation of Liability
You acknowledge that we are not liable to You under any circumstances for any loss, damage or expense (including indirect or consequential, loss of opportunity or profits) you may incur from using our website. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective then our aggregate liability to You under these Terms for all exclusions referred to above for all and any causes of action (collectively) shall be limited to a maximum of NZD$5.
These App Terms shall be governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand, located in Auckland.
All information and content available on the Toast App including but not limited to trade marks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation of them (collectively, the "App Content") is owned solely by Toast .
As required under applicable law, neither the App Content nor any portion of the App may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. All rights not expressly granted are reserved.
If you have any questions please write to us by email to email@example.com.