Please read these terms and conditions carefully. By clicking the “I Accept”, installing or using the “RealMe Now” application (Application) you will be deemed to have accepted these terms and conditions. If you do not accept these Terms and Conditions you must not install or use the Application.
The New Zealand Sovereign, acting by and through the Chief Executive of the Department of Internal Affairs (or his or her delegate) (we or our or us) makes the Application available on the following terms and conditions:
1.1. We grant to you, and you accept, a revocable, non-exclusive, non-transferable licence to download, install and use the Application solely for your personal use and subject to these terms and conditions.
1.2 The Application is intended to be operated on the Apple, Inc's (Apple) iOS platform (or any other platform through which the Application is made available by us from time to time, which may include Google Inc.'s (Google) AndroidTM platform) which is current at the date the Application is downloaded.
1.3 These terms and conditions are between you and us only. Apple, Google or any other relevant platform provider is not party to these terms and conditions and is not in any way responsible for the Application or content of the Application.
2. Use of Application
2.1. By using the Application, you will be required to upload to the Application both still and video images of your face. You acknowledge and agree that:
(a) you must follow all direction provided by the Application in relation to recording and uploading your image;
(b) you grant us a royalty free right to use and store any such images for the purpose of verifying your Identity, subject to the IVS Privacy Statement;
(c) any captured image of you uploaded is a true and accurate representation of your face and has not be manipulated in any way;
(d) you are not using the Application, or uploading any image in any way that intended, or may have the result of, misleading us or any of our clients or related parties, including in any way that may result in an incorrect identification of you or anybody else;
(e) you are not using the Application for any illegal or deceptive purpose.
2.2. Details relating to the collection, storage and use of your image, biometric data and other personal information are set out in the IVS Privacy Statement. By agreeing to these terms and conditions, you will be taken to have read and agreed to the terms of that privacy statement.
2.3 Your use of the Application may result in us retrieving personal information relating to you which was obtained or generated by us or other agencies on earlier occasion for the purpose of verifying your identity. That personal information may include your first, middle and last names, details of name changes, date of birth, place of birth, gender, photograph, and your existing passport or citizenship unique identifier, immigration client identity number or birth registration number [any other personal information?]
2.4 When you use the Application, we store your Image and liveness transaction video for the purpose of establishing and verifying your identity
2.6 We provide no representation or warranty that the Application will correctly match your identity.
2.7 The Application may be used by you to confirm your identity with third party providers. We provide no representation, warranty or endorsement of any third party provider or any service or product of any third party provider.
3. Restrictions on use
3.1. You must:
(a) install and use the Application in accordance with any user requirements made available, or advised of, in relation to the Application;
(b) ensure that all activity that occurs with your Application complies with these terms and conditions;
(c) not translate, decompile, reverse engineer, reverse compile, reverse assemble or in any manner attempt to derive the source code of the Application, or directly or indirectly allow or cause a third party to do so, except to the extent expressly permitted under applicable law;
(d) not copy the Application (or any part of the Application) by any means or in any form;
(e) not sell, sub-license, rent, lease or otherwise distribute the Application (or any part of the Application) to any other person; and
(f) not attempt to defeat or circumvent any hardware or Application lock or licence key or code provided with, or incorporated within, the Application or otherwise use the Application in any way that compromises our servers, hardware, software or related services.
4. Our Rights
4.1. We may, at our discretion, at any time:
(a) terminate or modify the Application;
(b) change these terms and conditions;
(c) remove or limit your access to any of our databases or servers; and
5. Basic Support
5.1. At our discretion, we offer basic support in relation to troubleshooting issues only, which you may access by calling 0800 664 774 or accessing our website help page at www.realme.govt.nz
6. Intellectual Property
6.1. You acknowledge that:
(a) we or our licensors own all intellectual property rights in and to the Application or any relevant part of it;
(b) the Application is and contains valuable, confidential and proprietary information; and
(c) no licence, right or other interest in the Application, or any intellectual property rights in the Application, is granted to you, except as expressly stated in these terms and conditions.
6.2. In the event of any third party claim that the Application, or possession or use of the Application infringes that third party's intellectual property rights, we will have sole discretion in relation to the investigation, defence, settlement and discharge of any such claim.
7. Personal Information
7.1. When you download and license the Application, you submit personally identifiable information, such as your name, address, email address (Personal Information). If you do not provide us with such Personal Information you will not be able to use the Application.
7.2 You consent to us holding, using and disclosing your Personal Information for the purpose of providing the Application in accordance with, and subject to, these terms and conditions and the IVS Privacy Statement.
8. Warranties and Liability
8.1. The Application is provided “as is”. Without limiting any other exclusion or limitation under these terms and conditions, to the extent allowed by law, we exclude all warranties, representations or undertakings in relation to the Application including, without limitation, all warranties, representations and undertakings that the Application is error free or will be free of interruption for maintenance, updates or any other reason.
8.2 In no event will we be liable (whether in contract, tort including negligence, or otherwise) to you for any loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature (including any loss of profit, loss of opportunity or loss or corruption of any data or information), arising directly or indirectly out of these terms and conditions.
8.3 In no event will our liability to you under these terms and conditions, or relating to your use of the Application (whether in contract, tort including negligence, or otherwise) exceed $50.
8.4 None of the exclusions or limitations set out in these terms and conditions will have the effect of limiting or excluding any form of liability where such liability cannot be so limited or excluded at law.
9.1. Where you access and/or download the Application from the Apple App Store:
(a) you must ensure that your downloading and use of the Application complies with Usage Rules set out in the App Store Terms of Service (you acknowledge you have had the opportunity to review those Usage Rules);
(b) you are only licensed to use the Application on an Apple branded product that you own or control except that such Licensed Application may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing;
(c) you acknowledge Apple is not a party to these terms and conditions and is not in any way responsible for the Application or content of the Application;
(d) you acknowledge that Apple has no responsibility to provide any support, maintenance or update in relation to the Application;
(e) we, not Apple, are responsible for addressing any claims you have relating to the Application or your use or possession of the Application including, but not limited to:
(i) product liability claims;
(ii) any claim that the Application fails to conform to any warranties or other applicable legal or regulatory requirement; and
(iii) claims arising under any consumer protection or similar legislation;
(f) to the extent any warranty is implied by law or otherwise applies in relation to the Application, in the event of that the Application fails to conform with that warranty, you may notify Apple but to the maximum extent permitted by law, Apple will have no warranty obligations whatsoever with respect to the Application and all other claims, losses, liabilities, damages, costs and expenses attributable to any failure to conform with any warranty will be our responsibility, subject to these terms and conditions;
(g) in the event of any third party claim that the Application, or possession or use of the Application infringes that third party's intellectual property rights Apple will have no responsibility for the investigation, defence, settlement and discharge of any such claim; and
(h) you acknowledge that, to the extent allowed by law, Apple and Apple's subsidiaries are third part beneficiaries to these terms and conditions and that, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have the right (and will be deemed to have accepted the rights) to enforce these terms and conditions against you as a third party beneficiary thereof.
9.2. You represent and warrant that you:
(a) 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
(b) are not listed on any U.S. Government list of prohibited or restricted persons
10.1. If any provision in these terms and conditions is held invalid, unenforceable or illegal for any reason, these terms and conditions will remain otherwise in full force apart from such provisions, which will be deemed deleted.
10.2 No failure or delay by us to exercise any right or remedy under these terms and conditions will be construed or operate as a waiver of such right or remedy. No single or partial exercise by us of any right or remedy will preclude the further exercise of such right or remedy.
10.3 New Zealand law governs the formation, validity, construction and performance of these terms and conditions. These terms and conditions are subject to the non-exclusive jurisdiction of the New Zealand courts, to which you and we submit.
10.4 Any questions, complaints or claims regarding the Application can be directed to us at Department of Internal Affairs, 45 Pipitea Street, Wellington, New Zealand or by email to: firstname.lastname@example.org