This document is provided for archival purposes only.
MATTR Wallet Terms of Use
Last Updated: 23 September 2022
Please note that the English language version of the Terms of Use are binding and the most up-to-date. If there is any inconsistency between the English language version of the Terms of Use and any versions in other languages that we provide to you, the English language version will prevail to the extent of the inconsistency.
1. OVERVIEW
These Terms of Use are between MATTR Limited (MATTR, we, us, or our) and you or the entity you represent (you or your).
These Terms of Use govern your use of the MATTR Wallet (which includes downloading, installing, accessing and using) (use) on any devices with which the MATTR Wallet is compatible (Mobile Device). Any reference in these Terms of Use to the MATTR Wallet must be read as including a reference to data, information and content made available through the MATTR Wallet.
By using the MATTR Wallet, you agree to these Terms of Use. If you do not agree, you must uninstall and not use the MATTR Wallet.
2. ELIGIBILITY
You are eligible to use the MATTR Wallet (an Eligible User) if you are either:
(a) a user who wishes to test and evaluate the MATTR Wallet; or
(b) a user who has been invited to participate in any MATTR-approved pilot listed on our website at https://learn.mattr.global/docs/terms/go-applications/pilots at the time of use.
By using the MATTR Wallet, you represent and warrant that you are an Eligible User. If you are not (or no longer) an Eligible User, you must uninstall and not use the MATTR Wallet.
3. SCOPE OF LICENCE
Subject to clauses 2 and 4:
(a) we grant you the revocable, non-exclusive, non-transferable right to use the MATTR Wallet on any Mobile Device that you own and control. Specifically:
(i) if you are a participant in a MATTR-approved pilot, you can use the MATTR Wallet for the sole purpose of participating in the pilot, including to provide feedback on the usability of the MATTR Wallet in the ecosystem to which the pilot relates; and
(ii) otherwise, you can use the MATTR Wallet for the sole purpose of evaluating the capabilities of the MATTR Wallet and you will not use the MATTR Wallet for commercial purposes unless otherwise agreed by us in writing.
(b) you understand and agree that:
(i) the MATTR Wallet is not offered as a commercially supported product and is intended to be used for testing and evaluation purposes only;
(ii) accordingly, as a result of user feedback and/or customer requirements (including any change to the pilot) and/or to protect MATTR’s legitimate business interests, MATTR may, at any time and without notice, upgrade, update, replace or discontinue the MATTR Wallet, and/or change the terms on which the MATTR Wallet is offered (including as to any charges that may apply); and
(iii) if you do not agree with any such changes, your sole remedy is to terminate these Terms of Use in accordance with clause 10.
(c) You must not distribute the MATTR Wallet or in any way make it available to any third party, including over a network where it could be used by multiple devices or end users at the same time. Unless otherwise specified by MATTR, these Terms of Use govern all versions of the MATTR Wallet, including any upgrades or updates provided or otherwise made available by MATTR.
(d) You must not reverse-engineer, decompile, disassemble, attempt to derive the source code of, modify, copy or create derivative works of the MATTR Wallet, any updates, or any part of the MATTR Wallet (except to the extent that any such restriction is prohibited by applicable law).
4. OPEN SOURCE SOFTWARE
(a) The MATTR Wallet may include open source software that is subject to one or more open source licence (Open Source Software). Any such Open Source Software is licensed under its applicable licence terms, and is not subject to the terms and conditions of these Terms of Use unless otherwise specified. For a full list of Open Source Software used in the MATTR Wallet, including third-party notices containing credits or attributions where required for the use or redistribution of such Open Source Software, please visit https://learn.mattr.global/licenses-mobile
(b) Even where Open Source Software is governed by other licence terms, the limitations of liability set out in clause 8 will continue to apply as between you and MATTR, except to the extent that any such limitations are prohibited by applicable law.
5. USE OF DATA
MATTR may collect, use, disclose and otherwise deal with technical data and related information, including technical information about your Mobile Device, system and application software, and peripherals, that is gathered to facilitate the provision of software updates, product support, and other services related to the MATTR Wallet. MATTR may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
If we collect, use, disclose or otherwise deal with your personal information, we will do so in accordance with our Privacy Policy, and our Data Processing Terms if applicable, which are available on our website at https://learn.mattr.global/docs/terms/privacy-policy
6. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in and to the MATTR Wallet, including copyright, are owned by MATTR or its licensors or assignees. Other than as expressly provided in these Terms of Use, nothing in these Terms of Use operates to transfer or assign ownership of intellectual property rights, or confers on you any right, title or interest in or to any of MATTR’s intellectual property rights or to any third party intellectual property rights.
7. NO WARRANTY
Use of the MATTR Wallet is solely at your risk. The MATTR Wallet is provided strictly on an “as is” and “as available” basis with no express or implied warranty or representation of any kind. MATTR does not represent or warrant:
(a) the accuracy, merchantability, non-infringement, or fitness of the MATTR Wallet for any particular purpose;
(b) the accuracy or completeness of any data, information or content (including any text, graphics, links or other items) contained in or made available through the MATTR Wallet or through any platforms, including third party platforms, we use to communicate with you in relation to the MATTR Wallet;
(c) that the MATTR Wallet will be updated or supported by MATTR at any particular frequency or any particular period of time, or that the MATTR Wallet will support the creation and maintenance of backups;
(d) that use of the MATTR Wallet will be uninterrupted or error-free; or
(e) that the MATTR Wallet will be free of viruses, worms, denial of service attacks, or other harmful components or codes.
In some places, like New Zealand and Australia, there may be non-excludable warranties, guarantees or other rights provided by law. They still apply – these Terms of Use do not exclude, restrict or modify them. Clause 8 sets out our liability in relation to such non-excludable consumer guarantees.
8. LIMITATION OF LIABILITY
To the maximum extent permitted by law, MATTR will not be liable for any direct or indirect liability, loss, damage, cost or expense (including loss of profits, loss of revenue, business interruption, loss of savings, loss of information or data, or any indirect, special, incidental or consequential loss of any kind) arising out of or in connection with your access and use of (or inability to access and use) the MATTR Wallet, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, even if MATTR has been advised of the possibility of such damages.
If required under the terms of the store from which you download and install the MATTR Wallet onto your Mobile Device, MATTR will provide you with a refund of any fees paid for the MATTR Wallet. Where applicable, any such refund is MATTR’s sole and exclusive liability to you for any liability, loss, damages, costs and expenses (other than for any liability, loss, damage, costs and expenses that cannot be limited at law). The refund of fees in any other circumstances is at MATTR’s sole discretion.
To the extent that the preceding limitations of liability are held to be invalid in whole or in part in relation to any liability, loss, damages, costs and expenses, then unless the following paragraph applies, MATTR’s total liability to you for any such liability, loss, damages, costs and expense (other than to the extent they cannot be limited at law) will not exceed NZD$50.00.
Nothing in these Terms of Use affects any non-excludable warranties, guarantees or other rights provided by law as described in clause 7. Our liability for breach of such non-excludable consumer guarantee is limited, at our option, to re-performing the relevant service (unless the non-excludable consumer guarantee says otherwise).
9. THIRD PARTY MATERIALS AND TERMS
This clause 9 is not to be read as limiting any other provision of these Terms of Use.
The MATTR Wallet may display, or make available certain third party data, information or content (Third Party Materials). You use the Third Party Materials at your own risk. MATTR is not responsible for examining or evaluating the content or accuracy of any Third Party Materials, and will not be liable in relation to any Third Party Materials. You must not use the Third Party Materials in any manner that is inconsistent with these Terms of Use or that infringes the intellectual property rights of MATTR or any third party.
You are solely responsible for complying with the terms of any applicable third party agreement or licence terms that apply in connection with such Third Party Materials.
10. TERMINATION
These Terms of Use are effective until terminated by you or MATTR.
Your rights under these Terms of Use will terminate automatically if you fail to comply with any of its terms. If you are a participant in a MATTR-approved pilot, your rights under these Terms of Use will terminate automatically when the pilot ends, unless otherwise agreed in writing.
If your rights are terminated, you must immediately uninstall and cease to use the MATTR Wallet (including all copies of the MATTR Wallet).
You may only terminate Terms of Use by uninstalling and ceasing to use the MATTR Wallet (including all copies of the MATTR Wallet).
Termination of these Terms of Use is without prejudice to the rights and obligations accrued up to and including the date of termination and either you or we may take action against the other under these Terms of Use in respect of a breach of Terms of Use arising before the effective date of termination.
11. GOVERNING LAW
These Terms of Use and any dispute or claim arising out of or in connection with it will be governed by and construed in accordance with the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand to deal with any dispute, litigation or other matter relating to these Terms of Use or the MATTR Wallet.
You must not object to the transfer of any proceedings to New Zealand courts on any basis, including inconvenience. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
12. GENERAL
If, at any time, any provision of these Terms of Use is or becomes illegal, invalid or unenforceable to any extent, then that provision will be read down so that it becomes legal, valid or enforceable, or if that is not possible, then that provision will be deleted. The other terms of these Terms of Use will continue to apply with full force and effect.
Any reference in these Terms of Use to “including” and similar expressions are not used as, nor are they intended to be, interpreted as words of limitation.
13. APPLE REQUIREMENTS
Where you use the MATTR Wallet on an Apple Mobile Device, you acknowledge that:
(a) these Terms of Use are between MATTR and you, and not Apple;
(b) Apple has no responsibility or liability in respect of any matter relating to the MATTR Wallet, including your use or possession of the MATTR Wallet or the provision of maintenance or support services relating to the MATTR Wallet;
(c) MATTR, and not Apple, is responsible for addressing any claims relating to the MATTR Wallet or your possession or use of the MATTR Wallet, including:
(i) product liability claims;
(ii) any claim that the MATTR Wallet fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy or similar legislation;
(d) if the MATTR Wallet fails to conform to any applicable warranty, you may notify Apple, and Apple’s sole liability will be to refund to you any purchase price for the MATTR Wallet. Apple will have no other warranty obligation whatsoever with respect to the MATTR Wallet, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty not expressly excluded under these Terms of Use will be MATTR’s sole responsibility; and
(e) in the event of any third party claim that the MATTR Wallet, or your possession and use of the MATTR Wallet, infringes that third party’s intellectual property rights, MATTR (and not Apple) will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
MATTR and you agree that Apple, and any Apple subsidiary, are third party beneficiaries of these Terms of Use and that Apple has the right to enforce the Terms of Use against you as a third party beneficiary. Otherwise, these Terms of Use do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms of Use.
You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a terrorist supporting country, and you are not listed on any US Government list of prohibited or restricted parties.
- CONTACT
If you have any questions, complaints or claims relating to the MATTR Wallet, please contact us at privacy@mattr.global or Level 1, Union Fish Building, Britomart Place, 116-118 Quay Street, Auckland Central, 1010, New Zealand.