Updated: 01 January 2024
This UserAgreement (“Agreement”) governs your access to and use of GeeGee’s (“GeeGee”,“we”, “us” or “our”):
(a) Our mobile application, website, beingwww.geegeeapp.com or such other websites (at other addresses) as are made available by us from time to time (“Platform” or “Website”); and
(b) services, premium services or any content, analytics or any other information provided as part of these services that we make available to you,
(collectively our “Services”).
1.1.1. By accessing, using or registering to use our Services, you agree to follow and be bound by this Agreement and our Privacy Policy. If you do not agree to these terms and conditions you must cease using the Services immediately.
1.1.2. ThisAgreement may change at GeeGee’s sole discretion and we will notify you of any changes made in accordance with clause 2.5. If you do not agree to be bound by the amended Agreement, you must not access or otherwise use any of the Services.
1.1.3. Registered users of our Services are referred to as “Members”in this Agreement and non-registered users are referred to as “Visitors”. You may use the Services only in accordance with this Agreement.
2.1.1. All MemberInformation that you provide to GeeGee and which is stored on the Platform is owned by you. GeeGee acknowledges and agrees that all rights including intellectual property rights in such Member Information belong to you, and we shall have no rights in or to such Member Information other than as expressly provided in this Agreement.
2.1.2. You grant GeeGee and our affiliates a non-exclusive licence to use your Member Information to:
2.1.2.1. manage internal reporting requirements;
2.1.2.2. collate statistical information about the use of the Website;
2.1.2.3. analyse the user behaviour on the Platform and Website;
2.1.2.4. obtain and analyse high level trends and prepare reports and analytics relating thereto;
2.1.2.5. improve the user experience of ourServices; and
2.1.2.6. otherwise use in accordance with ourPrivacy Policy.
The licence is a worldwide, transferrable and sub-licensable right to use, copy, modify, distribute, publish and process Member Information that you provide through our Services, without any further consent, notice and/or compensation to you or others.
2.1.3. The licence granted to GeeGee set out in 3.1.2 may be terminated by:
2.1.3.1. the Member deleting such MemberInformation from the Services; or
2.1.3.2. terminating this Agreement in accordance with clause 6.
2.1.4. GeeGee will not include any Member Information in advertisements for products and services of others without your separate consent. However, we have the right, without compensation to you or others, to display advertisements (at GeeGee’s own discretion) near your Member Information.
2.1.5. Because you own your Member Information and we only have non-exclusive rights to it, you may choose to make it available to others, for example, you may choose to create and share MicroSports containing your Member Information or Content on third party channels (for example via social media platforms), in which case we may also use such public Member Information for our own purposes.
2.1.6. You agree that GeeGee and our affiliates may access, store and use any Information that you provide in accordance with this Agreement.
2.2.1. GeeGee may change, suspend or end any Service, or change and modify prices at GeeGee’s sole discretion. We can make these changes without prior notice to you.However, where the change is significant we will use reasonable endeavours to tell you about the change by giving notice to you per clause 2.5.2.
2.2.2.GeeGee provides no warranty that the Services will be available, uninterrupted or error-free or that defects in the Service will be corrected.
2.2.3.GeeGeedoes not guarantee or warrant that Content made available through the Website,Platform or transmitted by electronic mail or SMS will be free of infection orviruses, malware, worms, Trojan horses or other code that manifestcontaminating or destructive properties. You are responsible for implementingsufficient procedures and checkpoints to satisfy your particular requirementsfor accuacy of data input and output, and for maintaining a means external tothe Website for the reconstruction of any data lost[PK3] [JF4] .
2.3.1. Information provided by GeeGee in any form or through any medium does not constitute professional advice.
2.3.2. You acknowledge and agree that information published by GeeGee is intended to provide general information only. This includes, but is not limited to, guidance for registration, member profile (including video) creation, ideas, suggestions or guidance related to the creation, sharing or participation in Microsports.
2.3.3.It is theMember’s sole responsibility to evaluate the accuracy, completeness and currency of all opinions, advice, services, guidance and other information provided through the Services.
2.3.4. GeeGee may provide links, pointers and guidance to websites maintained by third parties from the Platform. Such linked sites are not under the control of GeeGee and GeeGee is not responsible for the content, material or advertisements of any linked website or any link contained in a linked website.
2.3.5.GeeGeeprovides links to third parties websites to you only as a convenience, and theinclusion of any link to a website does not imply endorsement or approval by GeeGeeof content, material or advertisements of the linked website
2.3.6. GeeGee will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any Member Information, third party content, or third party service provided by any third party.
2.4.1. Subject to this Agreement, GeeGee grants Members a non-assignable, non-sub-licensable, non-exclusive and revocable licence to use the Service.
2.4.2. GeeGee, its related companies and/or their licensors reserve all intellectual property rights in the Services. This includes trade marks, rights in domain names, copyright, patents, registered designs, circuit layouts, rights in computer software, databases and lists, rights in inventions, confidential information, know‑how and trade secrets, operating manuals, quality manuals and all other intellectual property, in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world, including the goodwill associated with the foregoing and all rights of action, powers and benefits in respect of the same, all code and software that forms part of the Services.
2.4.3. Except as otherwise permitted under this Agreement you may not modify, copy, reproduce, republish, upload, post, transmit or dilute in anyway any material from theWebsite or our Services.
3.1.1. minigames that are directly or indirectly related to sports through equipment, skills and or actions;
3.1.2. created, published and participated in by any Member and contain textual, video and other information;
3.1.3. shared on the Platform or as a link on an external website, social media and telecommunications channel or externally hosted application form;
3.1.4. managed and controlled solely by you as the creator of the Microsport.
4.1. You are responsible for ensuring that you have the necessary mobile phone or computer hardware, software systems, and internet services in place to access and utilise the Platform.
5.1.1. You acknowledge that, except for those warranties or representations that cannot be excluded by law (including under the Consumer Guarantees Act 1993), theServices are provided on an “as is” basis and all representations, conditions or warranties in respect of the Service (whether express or implied, statutory or otherwise, and including warranties of merchantability and fitness for a particular purpose) are expressly excluded.
5.2.1. To the maximum extent permitted by law, GeeGee shall not be liable in tort (including negligence), contract, breach of statutory duty or otherwise for any direct, indirect, incidental, special, consequential or punitive damages, or any loss or destruction of data, opportunities, reputation, profits or revenues, related to the Services or arising out of or in connection with this Agreement.
5.2.2. If, notwithstanding clause 7.2.1, we are found to be liable to you for any form of loss or damage, then to the maximum extent permitted by law, our maximum aggregate liability to you will not exceed the fees paid by you to us for the Services in the six months prior to the date on which the claim arose (if applicable).
6.1.1. GeeGee reserves the right to limit the use of the Services. This includes the right to restrict, suspend or terminate your account without notice if GeeGee believes that you may be in breach of this Agreement or law or are misusing theServices.
6.1.2. GeeGee or the Member may terminate this Agreement at any time upon notice to the other, or in the case of the Member, that Member choosing to close its account through the Settings Tab from located on the Platform of the Member’s account on GeeGee.On termination, the Member loses the right to access or use certain parts of the Services provided to Members only.
6.1.3. Termination of the Agreement as a result of you breaching one or more terms of thisAgreement will not terminate those provisions of these Agreement capable of surviving termination. For example, any amounts owed by either party prior to termination remain owed after termination.
7.1.1. If any provision of this Agreement or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of thisAgreement and its application will not be affected and will remain enforceable to the greatest extent permitted by law.
7.2.1. You may not assign or transfer your rights and obligations under this Agreement to any entity without GeeGee’s written approval. If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
7.2.2. You agree that GeeGee may assign, transfer and/or sub-contract its rights and/or obligations under this Agreement to any third party without your consent.
7.2.3. There are no third party beneficiaries to this Agreement.
7.3.1. No exercise or failure to exercise or delay in exercising any right or remedy by GeeGee will constitute a waiver by GeeGee of that or any other right or remedy available to it.
ThisAgreement is governed by the laws of New Zealand and the courts of New Zealand have exclusive jurisdiction in respect of any matter concerning use of ourServices.
