THE WONDERFUL STARSHIP FOREST TERMS AND CONDITIONS

1. The App is an augmented reality (AR) application developed by Insight Creative (Developer).

2. The App uses the camera on your device to digitally impose customised AR experiences over the camera lens view. The App requires access to your device’s camera to be able to track images or detect special planes in AR. You agree that the App can access to your camera and photo gallery to be able to save screenshots taken using the App.

3. Use of the App provides you with a single user, non-assignable, royalty-free, non-exclusive licence to view and interact with the AR content provided by Mercury and the Developer, subject to adhering to the following conditions:
   1. App content is viewed and interacted with using your own mobile device or with explicit permission to use another device;
   2. any content, graphics or AR experience or Mercury branding must not be reproduced or included in any work or publication without prior written consent;
   3. App content must not be altered or modified in any way or used in any other medium deriving from the App’s AR experiences;
   4. App content must not be distributed, sold or leased to any third party; and
   5. you must not reverse engineer, disassemble or attempt to extract any content hosted on the App.

4. You are responsible for costs associated with using the App on your mobile device, for example, any data charges.

5. The features and content of the App may change without prior notice – including patch updates, bug fixes, revised user interface and interactable features. We may install updates to the App automatically to your device.


6. AR content hosted in the App, may be temporarily or permanently unavailable without prior notice to you.


7. We may run promotions through the App. We’ll include all the important information about the promotion on the App, including any terms and conditions for that promotion.

8. By using the App, you authorise us to collect, use and disclose personal information obtained in connected with your usage of the App in accordance with our Privacy Policy and these terms.

9. We may disclose your personal information to any of our third party business partners to allow them and us to facilitate your use of the App.

10. While the Developer takes due care in providing AR services through the App:
    1. you are responsible for taking safety precautions to protect yourself and your devices during use of the AR experience;
    2. we and the Developer cannot guarantee that all services and content provided in the App will be uninterrupted or error free; and
    3. you are responsible for taking precautions to protect yourself, your devices and computer systems from viruses and other harmful and destructive applications.

11. We may vary, suspend, modify or terminate these terms, or delete the App in its entirety, at any time without prior notice. Any changes to these terms will be posted on the Mercury website.

12. If these terms change, you will be bound by any changes by continuing to use the App. We recommend you review these terms from time to time. If you do not wish to be bound by these terms, you must deactivate your App.

13. Subject to the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, but otherwise to the maximum extent permitted by law, we are not responsible or liable for, any loss or damages suffered by you in connection with or arising from your use of the App.

14. We do not make any representations or warranties (whether express or implied) about any third party websites, applications, products and services. You maintain full responsibility for your dealings with third parties and you use of any benefit or service provided by third parties.

15. All right, title and interest in all intellectual property in all concepts, systems, written, graphic and other material relating to the App and its contents is owned by, and shall at all times remain the exclusive property of Mercury or the Developer and is protected by New Zealand and international law.

16. These terms shall be governed by and construed in accordance with the laws of New Zealand and, in the event of any legal action in connection with these terms, you submit to the non-exclusive jurisdiction of the courts of New Zealand.

17. Additional information about the App may be found on the Mercury website or on the App itself. To the extent of any inconsistency between these terms and conditions and any information regarding the App found elsewhere, these terms and conditions shall prevail.

18. Any reference to “Mercury”, “us”, “we” or “our” means Mercury NZ Limited.