Terms of Service

Last Updated: November 2024

1. Introduction

Welcome to MT Whare. These Terms of Service ("Terms") govern your access to and use of the MT Whare website, game, and related services (collectively, the "Service") operated by MT Whare Limited ("we", "us", or "our"), a company registered in New Zealand.

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

2. Definitions

  • "Service" refers to the MT Whare website, game application, and any related services.
  • "User" or "you" refers to any individual accessing or using the Service.
  • "Content" refers to all text, images, audio, video, and other materials available through the Service.
  • "User Content" refers to any content submitted by users to the Service.
  • "Account" refers to a registered user account on the Service.

3. Acceptance of Terms

By using our Service, you confirm that you are at least 13 years of age. If you are under 18, you confirm that you have obtained consent from a parent or guardian to use the Service.

We reserve the right to update these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

4. Account Terms

When you create an account with us, you must provide accurate and complete information. You are responsible for:

  • Maintaining the security of your account and password
  • All activities that occur under your account
  • Notifying us immediately of any unauthorised use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.

5. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable New Zealand or international laws or regulations
  • Infringe upon the rights of others, including intellectual property rights
  • Transmit harmful, offensive, or inappropriate content
  • Attempt to gain unauthorised access to any part of the Service
  • Interfere with or disrupt the Service or servers
  • Use automated systems or software to extract data from the Service
  • Engage in any activity that could harm minors
  • Impersonate any person or entity

6. Intellectual Property

The Service and its original content, features, and functionality are owned by MT Whare Limited and are protected by New Zealand and international copyright, trademark, and other intellectual property laws.

MT Whare, including all game assets, characters, storylines, and related materials, are the exclusive property of MT Whare Limited. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

We acknowledge and respect the cultural heritage and intellectual property of Māori. Our game is developed with cultural consultation and aims to honour Māori values and perspectives.

7. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which complies with the New Zealand Privacy Act 2020.

By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

8. Consumer Rights (New Zealand)

If you are a consumer in New Zealand, you have rights under the Consumer Guarantees Act 1993 that cannot be excluded by contract. Nothing in these Terms affects your statutory rights under New Zealand consumer protection law.

Under the Consumer Guarantees Act 1993, services must be:

  • Carried out with reasonable care and skill
  • Fit for any particular purpose made known to us
  • Completed within a reasonable time

If we fail to meet these guarantees, you may be entitled to a remedy under New Zealand law.

9. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by New Zealand law, we disclaim all warranties, express or implied, including but not limited to:

  • Warranties of merchantability and fitness for a particular purpose
  • Warranties that the Service will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy or reliability of any content

Early Access/Beta: If you participate in any early access, beta, or playtest programmes, you acknowledge that the Service may contain bugs, errors, and incomplete features. Your feedback helps us improve the game.

10. Limitation of Liability

To the maximum extent permitted by New Zealand law, MT Whare Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill.

Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid to us (if any) in the twelve (12) months preceding the claim.

This limitation does not apply to liability that cannot be excluded under New Zealand law, including liability under the Consumer Guarantees Act 1993.

11. Indemnification

You agree to indemnify and hold harmless MT Whare Limited, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service or violation of these Terms.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including breach of these Terms.

Upon termination, your right to use the Service will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date and, where appropriate, notifying you via email or through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of New Zealand.

15. Dispute Resolution

We encourage you to contact us first to resolve any disputes informally. If a dispute cannot be resolved informally, you agree to attempt resolution through mediation before pursuing any legal action.

16. Contact Us

If you have any questions about these Terms, please contact us:

MT Whare Limited

Email: legal@mtwhare.com

Website: https://mtwhare.com