These Terms and Conditions are an agreement between you and Spark New Zealand Trading Limited ("us" or "we"). Please read them carefully. They apply when you download or use the Kupu app and/or when you visit or use the Kupu website and include any updates or supplements to the Kupu app or Kupu website.

We may change these Terms and Conditions, so it is worth checking in and reviewing them from time to time. Downloading or using the Kupu app or visiting or using the Kupu website after the Terms and Conditions have changed means that you accept the changed Terms and Conditions.

1. Access to Kupu

   The Kupu app is free. When you download or use some features in the Kupu app or access or use the Kupu website you (or the account holder) may incur data charges.

2. Scope of Licence

   Kupu is not sold, but licenced, to you. These Terms and Conditions only give you some rights to use Kupu. We may terminate your rights to use Kupu at any time.

3. Your obligations

   You must not use Kupu or any of its software:

   1. to violate, or encourage the violation of, the legal rights of others;
   2. to engage in, promote or encourage illegal activity;
   3. for any unlawful, invasive, infringing, defamatory or fraudulent purpose;
   4. to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes or other items of a destructive or deceptive nature;
   5. to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations ("spam"); or
   6. to access any Google product or service in a manner that violates the terms of service of such Google product or service.

   You must not:

   1. interfere with Kupu or its software or disable, interfere with or circumvent any aspect of Kupu or its software;
   2. reverse engineer, decompile, or disassemble Kupu or any source code or otherwise attempt to extract any of the source code;
   3. copy, modify, create a derivative work of, translate Kupu or source code in any way;
   4. sublicence, resell, or distribute any or all of Kupu or its source code;
   5. rent, lease, or lend Kupu; or
   6. transfer Kupu or these Terms and Conditions to any third party.

4. Applicable Law

   These Terms and Conditions are governed by the laws of New Zealand.

5. Disclaimer

   Kupu is licensed "as is," "with all faults," and "as available" without warranties of any kind (either express or implied) including but not limited to fitness for a particular purpose such as academic research. You agree that we will not be liable for:

   • your reliance on any information on Kupu even if negligently provided; or
   • any damages resulting from your use of, or inability to use, Kupu.

   Kupu may not always be available including, for example, during maintenance or repair.

6. Limitation of liability

   To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from us direct damages up to the amount you paid to us for Kupu. You will not, and waive any right to, seek to recover any other damages, including lost profits and consequential, special, direct, indirect, or incidental damages from us.

   This limitation applies to:

   • anything related to Kupu or services made available (or not being available) through Kupu; and
   • claims for breach of contract, warranty, guarantee or condition; strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all to the extent permitted by applicable law.

   It also applies even if:

   • this remedy does not fully compensate you for any losses; or
   • we knew or should have known about the possibility of the damages.

   No other third party provider of services used in the production of Kupu, including (without limitation) Google, the Maori dictionary provider(s) and the Maori Te Reo pronunciation provider(s), or their officers, employees, contractors and agents, will be liable to you or will be required to compensate you for any loss or damage of any kind that you suffer in connection with Kupu.

7. Intellectual Property

   We (and other service providers who work with us) own or are licensed to use intellectual property rights in content, software and anything else we use or make available to you in connection with Kupu (together "Works").

   These rights include, for example, all copyright, trade mark and design rights. All title, interest and rights (including but not limited to ownership and intellectual property rights) in these Works will remain with us and/or our providers. You acknowledge such title, interest and rights in these Works and will not take any action to jeopardise, limit or interfere in any manner with our or our providers' title, interests or rights in these Works with respect Kupu, including, but not limited to, the use of our or our service providers') trademarks or trade names.

Kupu Privacy Policy

Your privacy is important to us. This Privacy Policy details what information we collect and how we use it to provide with the Kupu service via that Kupu app or website.

In addition to this Privacy Policy, the Kupu app's Terms and Conditions apply to your use of the Kupu app. It is important that you are familiar with these Terms and Conditions. Please read them in conjunction with this policy.

In this Privacy Policy:

• "we" or "us" means Spark New Zealand Trading Limited, Kupu app's publisher;
• "you" means you, the person using the Kupu app or visiting the Kupu website;
• "personal information" means information that can be used to uniquely contact, identify or locate you.

1. What information we collect, use and disclose

   1. When you upload a photo via the Kupu app or the Kupu website

      When you take photos or share your stored photos with the Kupu app or Kupu website, we provide them to our third-party service provider Google Asia Pacific Pte. Ltd. for identification of the image in English. This enables us to then provide the Te Reo Maori translation and pronunciation for your image.

      While Google will store these photos temporarily and solely for the purpose of providing us with image identification, your photos may contain personal information belonging to you or to another individual. We suggest you do not share photos with the Kupu app or website that contain images of yourself or your friends or family or photos that contain any sensitive information such as bank account or credit card details or any other information that may identify you or others. You can access information about Google's privacy practices for Google Cloud Vision here and Google Translate services here

   2. Feedback about the Kupu service, translations, website and app

      We collect any feedback you provide about the Kupu service, translations, website and app to improve translations, understand how you use Kupu, and identify ways that we can enhance Kupu for you and others.

      If you include any personal information (such as your name and email address) in this feedback we may use this to contact you about your feedback. We will only store this information for as long as necessary to address your feedback.

      Feedback is processed on behalf of Spark by Clemenger Group Ltd.

   3. When you download and use the Kupu app

      When you download and use the Kupu app we record the number of times the Kupu app is downloaded, the type of device and the general area where the app is downloaded from e.g. Auckland. We use this information to help measure the number of people who download and use the Kupu app, and to improve the Kupu app.

      Although we may publish aggregated information about usage patterns, we do not disclose information about individual devices or persons.

   4. If you save words in the app

      The Kupu app allows you to save words so that you can go back at look at them later. If you choose to do this, your image will not be saved but the words will be saved to your device. (Please note that they will not be available if you use a different device.)

   5. If you enable notifications for the Kupu app

      Notifications can be sent to your phone from the Kupu app to remind you to learn your saved words. It will remind you of one selected word at a time. To enable this, a unique ID number is assigned to your device from the app solely for this purpose, and notifications are sent via Firebase Cloud Messaging. You can view Firebase terms here.

   6. During your visit to the Kupu website

      If you are visiting our website, we may collect and store the following information about your visit, including:

      • the IP address of your machine when connected to the Internet and the domain name from which you are accessing the Internet;
      • the operating system and the browser your computer uses, and any search engine you are using;
      • your browsing behavior;
      • the date and time you are visiting;
      • the URLs of the pages you visit while you are on kupu.co.nz

      Although we may publish aggregated information about usage patterns, we do not disclose information about individual devices or persons.

   7. Use of cookies for advertising and analytics

      Our website places a cookie on the hard drive of your device. A "cookie" is a file which allows us to track and target the interests of users. In addition, our website uses third party cookies from Google Analytics, Google Marketing Platform, Google Ads & Facebook to assist advertisers, which include the following features:

      • Google Marketing Platform and Google Ads integrations & remarketing – the integrations with our paid advertising platforms give us additional insight and allows us to tailor our advertising. This ensures the right adverts are shown to you while you are using the internet outside our website.
      • Google Analytics - which gives us insight into behaviour information relating to visitor age, gender and interests on an anonymous and aggregate level. It also tracks your activity across the Kupu website and app. This will help us to understand browsing behaviour to give you a better experience whilst visiting our sites.
      • Facebook - We make use of Facebook's Pixel & Mobile SDK to help us tailor ads and to make recommendations to people who may be interested in the products, services or causes we promote.

      Cookies are used to analyse your use of our website and to serve ads after you have visited our website or used our app. The information we collect and share with third parties through cookies is aggregated and therefore anonymous (it does not include personal information which is likely to identify you). You can access information about Google's Privacy Policy here. You can access information about Facebook's Privacy Policy here.

      Turning off cookies:

      While we recommend that users enable cookies on their browsers in order to enjoy all the features of our website, the decision remains in the hands of the individual. Your internet browser should allow you to control the use of cookies. In addition, you can opt-out of Google Analytics Advertising Features here or use a browser plugin to opt-out of Google Analytics cookies here.

   8. We may also disclose your personal information if:

      1. we have reasonable grounds to believe that disclosure is necessary to prevent or lessen a threat to:
         • public health and safety; or
         • the life or health of an individual; or
      2. we are required to do so by law or court order.

2. Accessing and correcting your personal information

   You have the right to access personal information we hold about you where it is stored in such a way that it can be readily be retrieved. If the personal information we hold about you is not accurate or complete, then you may ask us to correct it.

   To update your personal information, such as your email address (which we collect if you have provided it to us as part of giving feedback on the Kupu app) you can contact us by email: privacy@spark.co.nz

   If you feel that your personal information has not been used in accordance with this Privacy Policy, the Spark Privacy Complaints Process will ensure your concerns are addressed as quickly as possible.

   View the Spark Privacy Complaints Process

3. Security

   We endeavour to store your personal information on secure servers and take steps to maintain the security of your personal information (including the photos you upload using the Kupu app or website). However, there are inherent risks in storing and transmitting data. We cannot guarantee that any personal information provided to us will remain secure.

   You are responsible for ensuring that any photos you upload using the Kupu app or website do not contain:

   1. personal information such as bank account details, visa card numbers or other sensitive and confidential information; and
   2. personal information about other individuals without their consent.

4. Changing this policy

   We may change this policy at any time by changing or removing existing terms or adding new ones. Changes may take the form of a completely new policy.

   Privacy Policy changes will be advised:

   • by posting an updated policy on our Kupu website; and
   • to Kupu app users when they download the latest version of the app.

   Any change we make applies from the date we post it on the Kupu website.