Terms of Use

We are committed to supporting your wellbeing and resilience. Please read these Terms of Use carefully so that you understand how to safely use the App and what to expect.

  1. Acceptance of Agreement

    1. These Terms of Use (the “Agreement”) apply to your use of Manana Interactive Ltd.’s (the “Company”) resilience training software application (“App”). By accessing and using the App, you agree to be bound by the following terms.

    2. If you do not agree to the Agreement, you are not authorised to access and use the App, and you must immediately stop doing so.

  2. Wellbeing Notice

You understand, agree and acknowledge that the App may not be the appropriate solution for everyone's needs, and that it may not be appropriate for every particular situation and/or a substitute for mental health needs that might require in-person therapy services. Any wellbeing content provided through the App is for general informational purposes only.

If you are experiencing thoughts of suicide, harming yourself or others, or if you believe someone may be in danger or have a medical emergency, please immediately call your local emergency services and seek help from the appropriate authorities or a trusted professional. The App is not designed for use in any of those cases and cannot provide the assistance required. If you proceed to use the App notwithstanding this notice, you do so entirely at your own risk.

This game may include visual or auditory effects that can cause dizziness, vertigo, disorientation, nausea, or other physical discomfort. By participating, you acknowledge that you are doing so voluntarily and at your own risk. If you experience dizziness, nausea, vision changes, disorientation, headache, or loss of balance, stop immediately and rest before resuming any activity. Consult a medical professional if symptoms persist.

  1. Purpose

The App is designed for stress management and resilience training. It is not a substitute for the provision of a clinical diagnosis, the treatment, cure or prevention of any disease or illness. Please do not disregard or delay seeking in-person care from your doctor, mental health professional, or other qualified providers because of any information from the App.

  1. Privacy and Security
    Protecting and safeguarding any information you provide through the App is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at https://www.manana.co.nz/privacy-policy (The 'Privacy Policy'). By agreeing to this agreement and/or using the App, you are also agreeing to the terms of the Privacy Policy. The Privacy Policy is incorporated into and deemed a part of this agreement. The same rules that apply regarding changes and revisions of this agreement also apply to changes and revisions of the privacy policy. 

  2. Data

You acknowledge that we may require access to the Data to provide our service to you. (Data means all data, content, and information (including personal information) that is collected using the App.) To the extent that this is necessary, but subject to confidentiality under our privacy policy, we may authorise members of our personnel or contractors to access the Data for the below purposes.

You acknowledge and agree that: 

(i) We may use Data and information about you and your use to generate anonymised and aggregated statistical and analytical data (Analytical Data); 

(ii) We may use Analytical Data for our internal research and product development purposes, and to conduct statistical analysis and identify trends and insights; 

(iii) title to, and all Intellectual Property Rights in, Analytical Data is and remains our property.

You acknowledge and agree that to the extent Data contains personal information, you must obtain all necessary consents from the relevant individual (or, where the relevant individual is a minor or not otherwise able to give consent on their own behalf, from the individual’s parent, legal guardian or such other person who is able to give consent on their behalf) to enable us to collect, use, hold and process that information in accordance with these Terms of Use and you represent and warrant that you have obtained such consents.

You agree that your data may be transferred to, stored and processed in countries outside your country of residence, subject to our Privacy Policy.

  1. Disclaimer of Warranty and Limitation of Liability 

The App are provided “as is” and we expressly disclaim any and all conditions and warranties, express or implied, including, without limitation, any warranty as to merchantability, quality, title, noninfringement, or fitness for a particular purpose. 

In no event will Manana Interactive Ltd., its suppliers or licensors, or any part involved in the creating, producing or delivering of the app be liable to you (or any third party) for any direct, indirect, consequential, special, exemplary, incidental or punitive damages. We will not be liable for any failure to perform our obligations where that failure results from causes beyond our reasonable control, such as a force majeure. 

If, notwithstanding the other provisions of these terms of use, Manana Interactive Ltd. is found to be liable to you for any damage or loss which arises out of or is any way connected to your use of the App, Manana Interactive Ltd.’s liability shall in no event exceed the amounts you have paid to Manana Interactive Ltd. for use of the App, or NZ$100 if you have not had any payment obligations to Manana Interactive Ltd., as applicable. Please be advised that some jurisdictions restrict limitations of liability, so the foregoing limitation shall apply to you to the fullest extent permitted by the law of the applicable jurisdiction. 

  1. Intellectual Property
    The App, the website manana.co.nz and its related apps and all rights, title, and interest, including all related intellectual property rights therein, are owned by the Company, its licensors, or other providers of such material. This Agreement is not a sale and does not convey or grant you any rights in or related to the App, or any intellectual property rights owned by Manana Interactive Ltd. You must not use Manana Interactive Ltd. marks without the prior permission of the Company.
    Subject to your compliance with this Agreement, Manana Interactive Ltd. grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: 

(i) access and use the App solely in connection with your use of the App on your personal device or a provided device; and 

(ii) access and use any content, information and related materials that may be made available through the App, in each case solely for your personal use. Any rights not expressly granted herein are reserved by the Company and its licensors.

  1. Necessary Equipment
    Full use of the App is dependent upon your use of a computer and the wearable device, which in some cases is on loan by the Company (“Company Property”). The maintenance and security of this equipment may influence the performance of the App, and it is your responsibility to ensure the equipment’s functionality and to prevent any damage to Company Property, where applicable.

  2. Your Account, Representations, Conduct and Commitments
    You hereby confirm that you are legally able to consent, or have the consent of a parent or guardian, and are legally able to enter into a contract.
    Minor Consent: If you are providing consent as a parent or guardian for a minor to use the App, you confirm you have the legal right to do so. You also consent to the collection, processing, and use of the minor’s information as described in the Privacy Policy. 

You hereby confirm and agree that all the information that you provided in or through the App, and the information that you will provide in or through the App in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement, you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password, as applicable, and any other security information related to your account (collectively "Account Access"). We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree to notify us immediately of any unauthorised use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge that we will not be liable for any loss or damage that is incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access or Company Property by any person, whether authorised by you or not, and you agree to take responsibility and reimburse us for any such damage or loss if it results from misuse of your account or Company Property.
You agree and commit not to use the account or Account Access of any other person for any reason.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the App’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the App; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services. This clause shall survive the expiration or termination of this Agreement.

  1. Changes

We may change the terms of the Agreement at any time by updating them on the App. If we make changes, we will provide you with notice of such changes by any reasonable means, including by posting the updated Terms on the App or by sending an email to you at the most recent email address we have on file for you. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the App, you agree to be bound by the changed Terms.

  1. Fees

Fees are non-refundable except where required by law.

  1. Termination of Use

We may suspend your access to the App at any time, with or without notice, if we reasonably believe you have breached this Agreement or that your use poses a risk to us or others. By agreeing to the Terms of Use you agree not to: (a) use the App for any unlawful purpose; (b) upload viruses or malicious code; (c) attempt to decompile or reverse engineer the App.

  1. Contact
    Please direct any communications, including complaints about the Services, to info@manana.co.nz 

  2. Disputes
    This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of New Zealand, excluding any rules governing choice of laws. We encourage you to contact us first to try to resolve any disputes informally. If we cannot resolve a dispute within 30 days, either party may pursue other remedies. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in New Zealand. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect. To clear any doubt, all clauses regarding limitations of liabilities, intellectual property and indemnification shall survive the termination or expiration of this Agreement.

This agreement constitutes the entire agreement between you and Manana Interactive Ltd. You confirm you have not relied upon any promises or representations by us except as set forth in this agreement.