Terms of Service

1. About Op Spot and these Terms

Op Spot is a mobile application that helps people discover op shops, charity stores and thrift stores in New Zealand — find them on a map, see opening hours, and share photos and reviews of what they find. Op Spot is owned and operated by The Elements Limited, a New Zealand company (company number 1129206, NZBN 9429036947294), with its registered office c/- Sothertons Limited, Level 1, 2 Heather Street, Parnell, Auckland 1052 (“The Elements Limited”, “Op Spot”, “we”, “us” or “our”). “You” or “your” means the person using Op Spot.

These Terms of Service (“Terms”) govern your use of the Op Spot app and the Op Spot website at opspot.me (together, the “Service”). They work alongside three other documents, which form part of your agreement with us:

• the End-User Licence Agreement (EULA), which governs your licence to install and use the app;
• the Privacy Policy, which explains how we handle your personal information; and
• the Community Guidelines, which set the rules for behaviour and content on Op Spot.

Together these are the “Op Spot Terms”. If there is any inconsistency, the EULA prevails on licensing matters and the Privacy Policy prevails on privacy matters; otherwise these Terms prevail.

Accepting these Terms. When you create an Op Spot account you will be asked to confirm that you have read and agree to the Op Spot Terms by tapping to accept. You must do so to use the Service. If you do not agree, do not create an account or use the Service. We may update these Terms — see clause 14.

2. Eligibility and your account

You must be at least 13 years old to create an Op Spot account or use the Service. By creating an account you confirm you are 13 or older.

You agree to give true, current and complete information when you create your account, and to keep it up to date. You may hold only one shopper account.

You are responsible for keeping your login credentials secure and for activity that occurs under your account. Do not share your login with anyone. Tell us promptly at support@opspot.me if you believe your account has been accessed without your authorisation.

You may sign in using Sign in with Apple. We do not offer Google or Facebook login.

You may close your account at any time from within the app (Settings › Account › Delete Account). Deleting your account removes your account and associated personal information as described in the Privacy Policy. We may contact you about the Service at the email address associated with your account.

3. Using Op Spot

You may use the Service only for lawful purposes and in line with these Terms and the Community Guidelines. As a condition of using the Service, you agree not to:

• use the Service for any purpose that is unlawful or prohibited by the Op Spot Terms;
• use the Service in any way that could damage, disable, overburden or impair it, or interfere with anyone else’s use of it;
• access areas of the Service that are not intentionally made available to you;
• decompile, reverse engineer, or attempt to copy or imitate the Service or its underlying content, except to the extent this restriction is prohibited by law; or
• engage in threatening, harassing, defamatory or abusive behaviour, spamming, or other conduct prohibited by the Community Guidelines.

The Community Guidelines set out in more detail what is and is not acceptable. A breach of the Community Guidelines is a breach of these Terms.

4. Your content

“User Content” means anything you submit to Op Spot — including photos, reviews, ratings, notes and comments about op shops.

You keep ownership of your User Content. By submitting User Content you grant The Elements Limited a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt, publish and display that User Content for the purpose of operating, promoting and improving the Service. This licence ends when you delete the User Content or your account, except that (a) we may retain copies in backups for a reasonable period, and (b) it does not end for User Content that other users have already shared or saved, or where we must retain it to comply with the law.

You confirm that, for each item of User Content, you own it or have the right to submit it, and that it does not infringe anyone’s rights or breach the Community Guidelines.

We may, but are not obliged to, review, moderate, refuse or remove User Content. Op Spot includes in-app functions to report content and to block other users. There is no tolerance for objectionable content or abusive users. We remove objectionable content, and remove or ban the users responsible, within 24 hours of becoming aware of it.

5. Op shop listings

Op Spot displays listings for op shops, charity stores and thrift stores (“Listings”). A Listing may be created by us, drawn from public information, or contributed by users.

Claiming a Listing. An op shop or charity may claim its own Listing in order to manage it (a “Claimed Listing”). To claim a Listing, the person claiming it must submit a verification update from the shop that includes a current photo of the shop’s front entryway. We review verification submissions before granting management access, and we may decline or revoke access at our discretion.

A person who claims a Listing confirms they are authorised by the relevant shop or charity to do so. Whoever manages a Claimed Listing may update the shop’s details, opening hours and photos, and respond to reviews. Managing a Claimed Listing does not give control over other users’ User Content.

By submitting content to a Claimed Listing, the shop or charity grants The Elements Limited the same non-exclusive licence described in clause 4, and confirms it holds the necessary rights and that the content does not infringe anyone’s rights.

A shop or charity may ask us to correct or remove its own Listing by contacting support@opspot.me. Op shops and charities listed on Op Spot are independent of Op Spot — they are not our employees, agents or partners, and we are not responsible for them.

6. Op Spot is a discovery service, not a seller

Op Spot helps you find op shops. We do not sell, supply or guarantee any goods you may see in or buy from an op shop, and we are not a party to any purchase you make. The shop is the supplier. The Consumer Guarantees Act 1993 applies between you and the shop in relation to goods you buy there — not between you and Op Spot.

We are responsible for our own conduct and our own representations about the Service, and we comply with the Fair Trading Act 1986 in what we tell you about Op Spot.

7. Fees

Op Spot is currently free to use. The fee provisions in this clause are not in effect at the date of these Terms; they are included so they are ready if we introduce paid features in future.

If we introduce fees or subscriptions, we will give you reasonable advance notice and the chance to decide whether to continue before any charge applies. Prices would be shown in New Zealand dollars. Any digital products or subscriptions sold through the app would be processed through the in-app purchase system of the store you downloaded it from — Apple’s in-app purchase system or Google Play’s billing system — and that store collects and remits New Zealand GST on those sales. Refunds would be handled in line with the Consumer Guarantees Act 1993 and the app store’s processes — not simply because you have changed your mind.

8. Intellectual property

All intellectual property in the Service — including the Op Spot name and logo, text, graphics, design, software and other material we provide (but not User Content) — is owned by or licensed to The Elements Limited. “Op Spot” and the Op Spot logo are trademarks of The Elements Limited; they are not currently registered as trademarks, but we claim our rights in them.

We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own personal, non-commercial use, on a device you own or control. You must not copy, modify, distribute, republish, frame, sell or commercially exploit any part of the Service (other than your own User Content), or remove any proprietary notices, without our prior written permission.

If you believe material on Op Spot infringes your intellectual property rights, contact us at support@opspot.me with enough detail for us to identify the material and the rights involved. We will consider your notice and may remove the material.

9. Third-party links and services

The Service may contain links to, or rely on, third-party websites and services that we do not control. We are not responsible for their content or practices. Links are provided for convenience and do not imply endorsement. The Service also depends on third-party services and network connectivity; poor signal or service outages may slow or prevent parts of the Service from working.

10. Disclaimers

The Service is provided on an “as is” and “as available” basis. To the extent permitted by law, we do not warrant that the Service will be uninterrupted, error-free or secure, or that it will meet your requirements, and information in the Service (including Listings, opening hours and stock) may be inaccurate or out of date.

Op Spot helps you find places in the real world. You must use your own judgement when deciding to visit an op shop or take any action based on the Service. We do not control, and are not responsible for, op shops or what happens during your visit.

Your consumer rights are protected. Nothing in these Terms limits or excludes any guarantee, right or remedy you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other law, that cannot lawfully be excluded. Where you acquire the Service as a consumer (within the meaning of the Consumer Guarantees Act 1993), that Act’s guarantees apply and are not affected by this clause or clause 11. If you acquire the Service for the purposes of a business, the consumer guarantees do not apply to the extent the law allows them to be contracted out of.

11. Limitation of liability

To the maximum extent permitted by law, and subject always to the consumer-law rights preserved in clause 10:

• we are not liable for indirect or consequential loss arising in connection with the Service; and
• our total aggregate liability for all claims arising out of or in connection with the Op Spot Terms or the Service is limited to the total fees you have paid us for the Service in the 12 months before the claim. Because Op Spot is currently free, that amount is currently nil.

Where our liability cannot lawfully be excluded but can be limited, our liability is limited, at our option, to re-supplying the Service or paying the cost of having it re-supplied.

12. Indemnity

You agree to indemnify The Elements Limited against claims, losses and reasonable costs (including reasonable legal costs) arising from your breach of the Op Spot Terms, your User Content, or your misuse of the Service — except to the extent the loss was caused by our own negligence or wilful misconduct.

13. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend, restrict or terminate your access to the Service (in whole or in part) if you breach the Op Spot Terms, if we receive a serious complaint, or if we reasonably consider it necessary to protect the Service or other users. Clauses that by their nature should survive termination (including clauses 4, 8, 10, 11, 12 and 15) survive.

14. Changes to these Terms

We may update the Op Spot Terms from time to time. If we make a material change, we will give you reasonable notice — in the app and/or by email — before it takes effect, and we will show an updated “last updated” date. If you continue to use the Service after a change takes effect, you accept the updated Terms. If you do not agree, you should stop using the Service and may delete your account.

15. Governing law and disputes

The Op Spot Terms are governed by the laws of New Zealand, and you and we submit to the non-exclusive jurisdiction of the New Zealand courts. If you use the Service from outside New Zealand, you are responsible for complying with local law. When Op Spot becomes available in Australia, additional Australian consumer-law provisions will apply to users in Australia.

16. General

No agency or partnership exists between you and us. A delay in enforcing our rights is not a waiver of them. You may not assign your rights under the Op Spot Terms without our consent; we may assign ours to a successor of the business. If any provision is held invalid, it is modified to the minimum extent necessary, or severed, and the rest continues. Notices to us may be sent to support@opspot.me; we may give you notice in the app or by email.

17. Contact

The Elements Limited — support@opspot.me. Privacy enquiries: privacy@opspot.me.