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TERMS OF USE

BANK OF SMILES

Kindness

Effective 15 September, 2022

These Terms of Use contain the terms and conditions which govern the supply and access to and use of

The Bank of Smiles (the “App”).

You agree by using the App, you have read, understand, and agree to be bound by all these Terms of Use.

It is your responsibility to periodically review these Terms of Use to stay informed of updates.

The App is supplied by Gigmondo Limited (Gigmondo, we, our).

Using the App

When using the App you must not:

  • attempt to extract or download any material including any image;

  • use the App for any illegal or unauthorised purpose; 

  • access the App through automated or non-human means, whether through a bot, script, or otherwise; 

  • violate any applicable law or regulation;

  • circumvent, disable, or otherwise interfere with security-related features of the App;

  • interfere with, disrupt, or create an undue burden on the App;

  • use the App in any way to harass, abuse, or harm another person; decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App.

Depositing A Smile

To deposit a smile you must be over 18 years of age.

You must ensure that your deposit:

  • will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;

  • only contains footage of yourself and individuals from whom you have gained informed consent to share their smile;

  • only indicates your location where everyone in the footage has agreed;

  • only contains footage of individuals over 18 years of age;

  • does not contain unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;

  • is not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by Gigmondo);

  • does not ridicule, mock, disparage, intimidate, or abuse anyone;

  • does not violate any applicable law, regulation, or rule.

 

We reserve the right to remove any deposit from the bank at any time without explanation at our sole discretion.

 

You acknowledge that the Privacy Notice applies to all personal information supplied and collected in relation to the App.

General Provisions

Gigmondo, its affiliates, licensors and content providers reserve all of their rights, titles, and interests, including all intellectual property rights, in and to the App and all materials, systems and technology used in relation to the App. You must not copy, reproduce, transmit, post, distribute or create derivative works from the App.

You are granted a limited license to access and use the App solely for your personal, non-commercial use. 

To the fullest extent permitted by law, Gigmondo and its affiliates are not liable for any damages or losses, whether direct or indirect, arising from or related to the App, including but not limited to any content posted, transmitted, exchanged or received by any user or other person, and any errors, viruses or bugs contained in the App. You assume full responsibility for your use of the App. 

You acknowledge that we are providing the App in reliance on the disclaimers and limitations in these Terms of Use and the same form an essential basis for the bargain between the parties.

These Terms of Use and any dispute relating to them, are governed by the laws of New Zealand.  Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute.

Questions or Complaints

If you have any questions or want to make a complaint, please reach out to our team at hi@bankofsmiles.com

If we are unable to make you smile you can make a complaint to your local privacy regulator or the New Zealand Office of the Privacy Commissioner.

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