9 Spokes
User Testing and Feedback Group Participation Agreement

Welcome to the 9 Spokes International Limited (9 Spokes) feedback group (Feedback Group). Your participation in the Feedback Group which may include use of any app for testing (App) and feed thereon is governed by theses terms and conditions (Terms).

By agreeing to these Terms, you agree that you have read, understood the Terms.

Intellectual property

Title to, and all intellectual property rights in, the App (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel) is and remains 9 Spokes property (or the property of 9 Spokes’ licensors). You must not dispute that ownership.

If you provide 9 Spokes with ideas, comments or suggestions (together feedback):

a)  all intellectual property rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by 9 Spokes; and

b)  9 Spokes may use or disclose the feedback for any purpose.

Confidentiality

Each party must keep these Terms and any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, these Terms or the Feedback Group or use of the App (Confidential Information) confidential, and must not use or disclose the Confidential Information without 9 Spokes prior written consent except to the extent that

a)  disclosure is required by law;

b)  the relevant information is already in the public domain; or

c)  it is reasonably required to obtain professional advice.

Warranty and Acknowledgments 

You acknowledge that:

a)  the App may contain defects and flaws and that the key purpose of these Terms is to obtain feedback from you to identify those defects and flaws; and

b)  9 Spokes may never release the App commercially or it may be released in a substantially modified form.

The App is provided to you on an as is basis, and, despite any other provision in these Terms, all conditions, warranties, guarantees and indemnities in relation to the App are excluded by 9 Spokes to the fullest extent permitted by law.

Liability

To the maximum extent permitted by law:

a)  you participate in the Feedback Group and access and use the App at your own risk; and

b)  9 Spokes are not liable or responsible to you or any other person for any loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost under or in connection with these Terms or your participation in the Feedback Group or use of (or inability to access or use) the App. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

 

General

These Terms, and any dispute relating to these Terms, are governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand. These Terms set out everything agreed by the parties relating to your feedback and use of the App and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the App that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.