Last Updated: 23 September 2022
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/wallet/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
(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
(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.
6. 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.
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.
9. THIRD PARTY MATERIALS AND TERMS
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.
If your rights are terminated, you must immediately uninstall and cease to use the MATTR Wallet (including all copies of the MATTR Wallet).
11. GOVERNING LAW
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.
13. APPLE REQUIREMENTS
Where you use the MATTR Wallet on an Apple Mobile Device, you acknowledge that:
(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;
(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.
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.
If you have any questions, complaints or claims relating to the MATTR Wallet, please contact us at email@example.com or Level 1, Union Fish Building, Britomart Place, 116-118 Quay Street, Auckland Central, 1010, New Zealand.