General Information
These terms and conditions (Terms) apply to you when you access the rova web or mobile application downloadable from the Apple App Store and Google Play Store (App).
The App is operated by MediaWorks Holdings Limited, a New Zealand registered company with its registered address at 17 Hargreaves Street, Auckland Central, Auckland 1011. Any reference to “MediaWorks”, “we”, “our” or “us” means MediaWorks Holdings Limited. Any reference to “you” or “your” means the person accessing and/or using the App.
By accessing the App, creating an Account and/or using any of the Services available through the App (as defined below), you acknowledge that you have read, understood and agree to these Terms. If you do not agree to these Terms, you are not permitted to access the App and must cease using the App immediately. Additional terms may also apply to certain purchases or Services available through the App, which will be communicated to you at the time of access and/or purchase and will apply in addition to the Terms.
Services
The functionality and services available through the App will depend on the version of the App you are using at a particular time and may change over time as we continue to develop and release new products, services and functionality. Depending on the current functionality offered, the App may enable you to:
listen to live streams of New Zealand radio stations operated by MediaWorks and MediaWorks’ curated music playlists;
purchase, subscribe, access and listen to prerecorded audio podcasts and other content;
purchase merchandise and other products offered for sale by MediaWorks, its radio stations and other partners;
enter into and participate in competitions and events run by MediaWorks and its partners; and
access and/or use any other product, service, or functionality (including video reels and articles) that MediaWorks may add to the App from time to time,
(together, the Services).
Accounts
If you wish to access and/or use any of the Services available through the App, you must first create a rova Account (Account) in accordance with this clause 3.
To create an Account, you must be a New Zealand resident, at least 16 years old, and provide your full name and a valid email address. You may also choose to provide certain optional information to us such as your year of birth, your gender, your address, your postcode and/or your mobile phone number. This optional information is collected so we can understand more about our users and to provide you with more personalised recommendations for content, products and events. Any personal information we collect about you will be held in accordance with our privacy policy, which can be accessed here.
You are responsible for ensuring that all information you submit to us through the App is accurate, up-to-date and not misleading. You are responsible for ensuring you update your personal information as required to keep it accurate. You can update your personal information at any time by managing your profile within the App or website.
You are responsible for maintaining the security of your Account, including by choosing a strong password, keeping your password secret, and preventing unauthorised access to and use of your Account by others. You should notify us immediately if you become aware of any unauthorised access to and/or use of your Account.
Paid Subscriptions
Where available, you may purchase subscriptions to access certain podcasts and content (Paid Content) through the App. Paid Content subscriptions may allow listeners to access features including ad-free listening, exclusive content, bonus episodes, and early access.
In some cases, there may be various subscription options available, which allow you to purchase:
access to an individual podcast episode (a One-Off Purchase); or
a recurring subscription to a certain podcast series, which allows you access to Paid Content in a specific catalogue (a Recurring Subscription),
(together referred to in these Terms as Paid Subscriptions).
The prices for Paid Content will be listed at point of sale, and may be updated by us from time to time. We will provide you with reasonable prior notice of any change to the price for your Recurring Subscriptions, and any price change will take effect at the start of the next subscription period following the date of the price change. If you do not agree to a price change, you may cancel your Paid Subscription at any time prior to the price change taking effect by following the instructions in the App.
To purchase a Paid Subscription, you can select an applicable MediaWorks paid podcast directly in the App or through Spotify or any other podcast hosting platform. If you select a paid podcast through Spotify or any other podcast hosting platform, you will be redirected to the App or affiliated webpage to facilitate and complete payment of the Paid Subscription. Once your payment has been successfully processed, you will receive an order confirmation on the App or affiliated webpage and given access to the Paid Content.
All payments for Paid Subscriptions will be processed by our third party payment provider, Stripe Inc. MediaWorks does not collect or access any bank account or other financial information and accepts no responsibility for the use or disclosure of your financial information in connection with the processing of your payment.
Paid Content is owned by MediaWorks (or its licensors), and we will grant to you a limited, non-exclusive, non-sublicensable, revocable and non-transferable right, solely for personal and non-commercial purposes, to access, download and listen to the Paid Content comprised in the relevant Paid Subscription:
for One-Off Purchases, until your Account is cancelled or terminated, or the relevant Paid Content is removed or deleted from the App and/or podcast hosting platform; or
for Recurring Subscriptions, until you cancel your Recurring Subscription, your Recurring Subscription is terminated by us in accordance with these Terms, you cease paying the Paid Subscription fee (including if payment processing fails, e.g. due to lack of funds or expired card details), or the Paid Content is removed or deleted from the App and/or the relevant hosting platform.
Recurring Subscriptions will automatically renew at the end of the applicable subscription period (which will be disclosed to you prior to purchase) unless you cancel your Recurring Subscription before the end of the then-current subscription period.
In-App Purchases
Where available, you may purchase certain products made available by MediaWorks from time to time through the App (an In-App Purchase). Payments for In-App Purchases will be processed through a third-party payment provider.
Once an In-App Purchase is successfully confirmed, the product will be delivered to you via the delivery method selected by you at checkout. All delivery costs (if any) will be expressly disclosed to you at the checkout, prior to payment and completion of your order.
You acknowledge and accept that:
fulfilment of any In-App Purchase is subject to stock availability (which is subject to change at any time without notice);
MediaWorks does not provide refunds or credit for any In-App Purchase if you change your mind (subject to any rights you may have under the Consumer Guarantees Act 1993); and
physical delivery of In-App Purchases will be carried out by a third-party logistics provider and subject to their own contract for carriage terms and conditions. MediaWorks is not responsible or liable for any loss or damage suffered or incurred as a result of the conduct of the third-party logistics provider where such loss or damage is outside of MediaWorks’ control.
Third Party Payments
MediaWorks uses a third-party payment provider, Stripe, Inc., and its global affiliates (Stripe) to process payments for all purchases made through the App. Stripe’s consumer terms and conditions can be found here.
You acknowledge and agree that:
you must comply with, and are bound by, Stripe’s terms and conditions when using its payment services;
information relating to your transactions will be shared between Stripe and MediaWorks to facilitate the relevant purchase(s); and
to the extent permitted by law, MediaWorks will not be responsible or liable in any way for, or in connection with, the processing of your financial information through Stripe’s payment platform.
Your use of the App and Services
You must not access or use the App (or any Services) for any purpose that is unlawful, and you agree not to engage in any conduct or activity that will or is likely to:
negatively impact the operation of the App or Services, including by way of the introduction of a corrupted file, malicious code, or virus;
circumvent or otherwise interfere with any security measures related to the App;
be considered bullying, harassment, discrimination, a hate crime, pornographic, obscene, inciting or threatening violence or creating a risk to a person’s health or safety; or
be adverse to the reputation or interests of MediaWorks.
Where the App enables you to post messages, content or otherwise engage with other users of the App, MediaWorks may at any time and at its sole discretion remove any content that it considers to be inappropriate, unlawful, or otherwise in breach of these Terms.
Intellectual Property
All intellectual property contained within the App, including but not limited to any trade marks, logos, graphics, content, copyrights and/or any other intellectual property rights are the property of MediaWorks, our affiliates, licensors, or other relevant third parties (Intellectual Property). You must not use, reproduce, adapt, copy, distribute, or store (or allow anyone else to do the same) any Intellectual Property without MediaWorks’ prior written consent (such consent to be given at MediaWorks’ sole discretion).
Consumer Guarantees Act
Nothing in these Terms in any way limits, restricts, or affects your rights and remedies under the Consumer Guarantees Act 1993.
Limitation of Liability
Other than our liability to you under the Consumer Guarantees Act 1993, and to the extent permitted by law, we will not be liable to you for:
any failure or delay in performance of our obligations under these Terms arising out of any event or circumstance beyond our reasonable control; or
any loss, damage, or cost (whether in contract, tort (including negligence) or otherwise) you or any third party suffers in connection with your access to or use of the App.
Other than as expressly set out in these Terms, and to the extent permitted by law, MediaWorks disclaims all other warranties or conditions that could be implied into these Terms.
In no event will either party be liable to the other for any indirect, consequential or special loss.
Subject to clause 9.1, and to the fullest extent permitted by law, our total liability arising out of or in connection with your use of the App and/or a breach of these Terms is limited to NZD$100.
Disclaimers
While we will take reasonable steps to ensure the App remains functional, secure and online, we do not warrant that the App will be without interruption or delay, free from defects in design, error free, free of malicious code, or that the App will contain completely up-to-date and accurate information at all times.
We accept no responsibility or liability to you or any third party in the event the App is amended, restricted, removed, unavailable or delayed for any reason, or if you suffer any loss or damage caused as a result of your reliance on any information or content contained in the App.
Termination and Cancellation of Accounts
You can cancel your Account at any time through the App or website.
MediaWorks may, at our sole discretion (acting reasonably), suspend or terminate your Account without notice if:
you access or attempt to access the App and/or Services in an unauthorised way;
we consider your conduct puts the App or other users at risk, brings our reputation into disrepute, or is otherwise in our reasonable opinion unacceptable or inappropriate;
you breach these Terms;
you breach any applicable law in connection with your access to or use of the App and/or Services; or
we receive a valid request from any law enforcement or government agency to do so.
If your Account is terminated in accordance with clause 12.2, your access to the App and any Paid Subscriptions will stop immediately.
MediaWorks may, at any time, without cause, terminate your Account on 30 days’ notice (for example, we may exercise this right if we decide to discontinue or replace the App). Such notice will be provided to you through the App. Where you have prepaid any Recurring Subscriptions, MediaWorks will provide you a pro-rata refund of any unused subscription fees paid.
Links to other websites
The App may contain links to websites not owned or managed by MediaWorks or its affiliates. MediaWorks does not endorse or assume responsibility for the content of any such website and disclaims any liability for any infringement of third party intellectual property rights as a result of hosting links to third party websites.
Changes to these terms
MediaWorks may modify, update or otherwise change these Terms at any time. MediaWorks will provide notice of any material change by posting an updated version on the App. Your continued use of the App following the effective date of any change constitutes your acceptance of the revised Terms.
General
Jurisdiction: These Terms are governed by the laws of New Zealand. Any dispute in relation to these Terms will be subject to the non-exclusive jurisdiction of the New Zealand courts.
Severability: If any provision of these Terms is held to be unenforceable, invalid or illegal for any reason, that provision must be read in a way which preserves its operation. If it cannot be read in such a way the term will be severed and the rest of these Terms will remain in force.
No waiver: A failure by either party to exercise or enforce any rights under these Terms does not constitute a waiver of those rights, unless such waiver is in writing and signed by the party giving the waiver.
No assignment: You may not assign, transfer and/or subcontract any rights available to you under these Terms.
Notices: MediaWorks may provide you with notices by way of electronic communications, including by email, push notification or other electronic communication on the App.
Complaints: If you have a complaint or would like to contact us in relation to these Terms or the App, please contact us at support@rova.nz.
Interpretation: In these Terms, words importing the singular include the plural and vice versa, and the word “including” means “including by not limited to”.