Frenzy App Limited Terms of Service

Effective: 1 October 2019 

Welcome!

We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: these Terms do indeed form a legally binding contract between you and Frenzy App Limited. So please read them carefully.

In order to use Frenzy App Limited (“Frenzy”) or any of our other products or services (including websites, mobile applications, platforms and APIs made available) that link to these Terms (we refer to these simply as the “Services”), you must have accepted our Terms and Privacy Policy, which are presented to you (i) when you first open the app and (ii) when we make any material changes to the Terms or the Privacy Policy. Of course, if you don’t accept them, then don’t use the Services.

ARBITRATION NOTICE: IF YOU’RE USING THE SERVICES ON BEHALF OF A BUSINESS, THEN YOUR BUSINESS WILL BE BOUND BY THE ARBITRATION CLAUSE THAT APPEARS LATER IN THESE TERMS.

 

  1. Who can use the Services

No-one under 16 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.

By using the Services, you state that:

  • you can form a binding contract with Frenzy App Limited;

  • you will comply with these Terms and all applicable local, state, national and international laws, rules and regulations;

  • You will not use this platform to distribute content for any sort of political messaging or hate crimes.

If you are using the Services on behalf of a business or some other entity, you state that you are authorised to grant all licences set out in these Terms and to agree to these Terms on behalf of the business or entity.

  1. Rights we grant you

The Platform and App is licensed, not sold, to you for use only under the terms of this license. Frenzy reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, Frenzy hereby grants you a personal, limited, non-sublicensable, non-transferable, and revocable license to access the Platform and App on compatible devices that you own or control, solely for your own personal, non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Platform. Frenzy may revoke this license at any time, in its sole discretion. This licence is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow.

You may not modify, alter, reproduce, distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by Frenzy that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.

Any software that we provide you may automatically download and install upgrades, updates or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not copy, modify, distribute, sell or lease any part of our Services. Nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
 

Rights you grant us

Many of our Services let you receive personalised content and generate data based on your use of our Services. When you do that, you retain whatever ownership rights in that data you had to begin with. But you grant us a licence to use that data. How broad that licence is depends on which Services you use and the settings you have selected.

For all data you generate to the Services, you grant Frenzy App Limited and their affiliates a worldwide, royalty-free, sublicensable and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute that content for as long as you use the Services. This licence is for the limited purpose of operating, developing, providing, promoting and improving the Services and researching and developing new ones. 

From time to time, you may be rewarded for sharing your data with Frenzy. This will be communicated with you and at the discretion of Frenzy. 

We reserve the right to delete any content (i) which we think violates these Terms or our Community Guidelines, or (ii) if necessary to comply with our legal obligations. However, you alone remain responsible for the content you create, upload or store through the Services.

The Services may contain advertisements. In consideration for Frenzy letting you access and use the Services, you agree that we, our affiliates and our third-party partners may place advertising on the Services, including personalised advertising based upon the information you provide us or we collect or obtain about you. 

If you do not wish to provide personal information about yourself or share your data, you can turn off the specific features within the application. Alternatively, you can simply delete your account.

We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you.

Accounts and Registration

To access the features of Frenzy, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password or another form of secure login. You are solely responsible for maintaining the confidentiality of your account and password, and any password for Facebook, Google, or other third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Support centre. Frenzy will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by Frenzy or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Please see our Privacy Policy for information on how we manage your personal data.

 

Privacy and Security

We have dedicated privacy and security teams to keep your personal and sensitive information safe. We have implemented physical and IT security and privacy measures and processes to minimise the risk of unauthorised use or disclosure of information and protect your payment and credit card details by encrypting them when they are transmitted or stored.

Our employees also receive privacy training and we have built a culture of care around handling personal information. 

As part of protecting your information, we take care of:

  • Encrypt information when it is transmitted

  • Require third parties to agree to our Code of Conduct, undergo a due diligence process, comply with our applicable data protection laws, be subject to privacy impact assessments as per industry standards and expectations, comply with our internal information security requirements, and include relevant contractual clauses and addendums to maintain our privacy and data protection standards

  • Require our employees, service providers and third parties to only have access to the minimum information required to effectively perform their duties and responsibility

  • Train our employees how to recognise and handle personal information, and how to identify and respond to potential privacy incidents swiftly and effectively

Please contact us if you would like more information using our online form.
 

 Frenzy Wallet

When you successfully consume content through Frenzy or engage in specific activities within the Frenzy app such as sharing information on whether you have consumed content through Frenzy Detect (as specified on the features), you will be rewarded with Frenzy Dollars into your Frenzy wallet. You can use your Frenzy Dollars in your Frenzy Wallet to buy other products and services within the Frenzy marketplace, donate to charity or withdraw to your designated bank account. Your Frenzy Dollars will expire after 90 days of inactivity.

You may only hold one Frenzy wallet account at any one time. 

You must not allow any other person to use your Frenzy account or use any other person’s Frenzy account to earn Frenzy Dollars, to do so would be engaging in Fraud. 

If you wish to make a claim or dispute Frenzy Dollars, you must submit a valid claim or dispute to us within 30 days of the qualifying journey or qualifying purchase. 

You are responsible for making your own enquiries in relation to any Frenzy Dollars purchase that is provided by a third party, which you may wish to redeem. 

You must comply with the relevant terms and conditions applicable to any Frenzy Partner Benefit you wish to redeem. 

You must not sell, assign or transfer Frenzy Dollars to any other person. 

You may not purchase Frenzy Dollars with Cash.

 

Frenzy Marketplace

Frenzy holds no responsibility for the quality of content, products or services provided by third parties if you choose to use your Frenzy Dollars to buy products and services through the Frenzy marketplace. Frenzy will settle the transaction with the merchant, however the relationship beyond payment on your behalf, will be between you and the merchant provider.

Frenzy Deals

Frenzy holds no responsibility for the quality of content, products or services provided by third parties if you choose to use Frenzy Deals. Frenzy is not liable for any issues you have with a deal, this is between you and the merchant. Deal expiry and redemption will be set on a deal by deal basis and communicated with you through the app. Frenzy is not responsible for the honouring of deals, this is between you and the merchant.

Marketplace

You understand that the prices for product displayed through the Marketplace may differ from the prices offered or published by Merchants for the same products and/or from prices available at other third-party websites/mobile applications. Prices for products displayed through the Marketplace may not be the lowest prices at which the products are sold.

Because of the nature of the Marketplace, Frenzy does not always know how much a Merchant will charge for a particular product. Where your cart includes products for which Frenzy does not know the exact price to be charged by the Merchant, Frenzy may designate an estimated subtotal for such products (the “Estimated Subtotal”). Similarly, where Frenzy does not know the exact price of certain or all fees associated with the order, including any applicable taxes and/or Frenzy fees, we may designate an estimate for such fees (the “Estimated Fees”). If you have included products in your cart that are subject to Estimated Subtotal and/or Estimated Fees, we will provide you with an estimated total. Merchants may charge more or less than the Estimated Subtotal for products items you order. Similarly, we may charge more or less than the Estimated Fees based upon the final prevailing price of Merchant’s goods. In some cases, we may not be able to provide Estimated Subtotal or Estimated Fees, such as when the merchandise cost is unknown or we are otherwise unable to predict fees. Frenzy reserves the right to determine final prevailing pricing of all products ordered through the Platform. In cases in which prevailing pricing is different than the Estimated Subtotal and/or Estimated Fees, what you are ultimately charged may be different than the estimated total. You acknowledge and agree to pay the prevailing pricing and fees, even if they differ from the Estimated Subtotal and/or Estimated Fees. Please visit our Support Center to learn more about how product or menu items are priced.

Certain features of the Marketplace, including placing orders, may require you to pay fees to Frenzy. Frenzy may change, or add, fees for use of our Marketplace at any time as we deem necessary or appropriate for our business. You will have an opportunity to review and accept an estimate of the fees that you will be charged, as applicable. The final fees may differ from the estimate. In all cases, you acknowledge and accept that a fee will be charged and you agree to pay said fee. We encourage you to check our Site or visit our Support Center periodically to learn more about how we charge for the Marketplace.

Frenzy has no obligation to itemize its costs, profits or margins when publishing prices on the Marketplace and reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Marketplace provided under these Terms (other than taxes based on Frenzy’s income).

Frenzy will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information. We may also place a pre-authorization hold on your payment method, as described in Section 7.2.

Charges paid by you are final and non-refundable,, and will be quoted in the local currency of the location where the order is being delivered or picked up. Frenzy has no obligation to provide refunds or credits. However, Frenzy, in its sole discretion, may provide users with refunds, or product credits, or make promotional offers with different features and different rates to any consumers. These credits and offers may be used for future transactions on the Marketplace. Such credits or offers are non-transferrable, may not be resold, and are not redeemable for cash or other consideration. Frenzy reserves its right to expire, limit, or modify any credits or promotion at any time. If your account is cancelled for any or no reason, you may forfeit any pending, current, or future credits or promotional offers and any other forms of unredeemed value in or associated with your account without prior notice to you.

Authority to accept terms

You warrant that you have the appropriate authority and power to validly accept these online service payment terms and any charged service terms and conditions applicable to the charged services which you request through our platforms.

You agree that you are able to, and will, meet your obligations in relation to these online service payment terms and the relevant charged service terms and conditions promptly and in accordance with any relevant laws.

If using a charged service, you represent and warrant that you are over 16 and have legal capacity to contract in state, region or territory that you live in. If you are using a credit or debit card, you represent and warrant that the credit or debit card is issued in your name and you will pay all charges incurred through the charged services.

You will pay all fees payable for a charged service at the time your request or application for a charged service is accepted by Frenzy. Frenzy reserves the right to amend any fees from time to time and to adjust any fees recorded on the platform for a charged service if the price recorded is incorrect. All fees are in New Zealand dollars and are inclusive of GST (being tax levied in accordance with the Goods and Services Tax Act 1985 and includes tax levied in substitution for such tax). You will pay all other applicable taxes, import duties, levies or tariffs which may be payable (if any).

Security

Payments made by means of the online service payment process is through a secure channel. However, you acknowledge and agree that internet transmissions are never entirely secure or private and that any message or information you provide through the channel (including credit card information) may be read or intercepted by others. Frenzy will not have any liability for the interception, 'hacking' or other unauthorised access of information through the website by unauthorised third parties.

Verification of information

It is your responsibility to ensure that the transaction, credit card information, and all other details you provide in relation to your payments made through the online service payment process are correct. Frenzy will not have any liability for transactions which are incorrect as a result of inaccurate data or information provided by you.

Your responsibilities regarding the use of the online service payment process

You agree to use the online service payment process only for making payments to Frenzy. You agree not to use the online service payment process for any improper, injurious, offensive or unlawful purposes.

You agree not to damage or disrupt the online service payment process. You are responsible for making your own assessment of the suitability of the online service payment process for achieving your purposes.

Frenzy's responsibilities regarding the use of the online service payment process

Our limitation of liability set out in this paragraph does not limit any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Subject to that statement, if we are liable to you in relation to this online service payment process, the maximum amount we will pay as compensation for your loss in connection with any other use of the online service payment process specifically with Frenzy (not with third parties e.g. merchants in the marketplace) is up to $100NZD.

Any dispute you have with a third party operating through the Frenzy platform is between you and the third party e.g. with a merchant you have bought a service from through Frenzy.

Frenzy reserves the right to alter, suspend or terminate the online service payment process temporarily or permanently at any time.

Indemnity

You agree to indemnify Frenzy in respect of any loss, damage, cost or expense (including reasonable enforcement costs, whether incurred on a solicitor and own client basis or otherwise) suffered or incurred by Frenzy as a result of:

  • A breach by you of any of your obligations under any terms and conditions which you have accepted into in relation to the online service payment process;

  • Your intentional misuse of the online service payment process or the platforms;

  • Your negligent acts or omissions; and

  • Any claim, suit or action brought against Frenzy by a third party for any of the matters above.

Disputes and Refunds

If you wish to make a claim for missing Frenzy Dollars earned, submit your claim to Frenzy within 1 month of the date you earned the missing Frenzy Dollars.

If you wish to dispute a payment charge, submit your dispute to Frenzy within 1 month of the date of payment. We will investigate and work with you to resolve.

Any dispute you have with an offer, good or service provided by a third party merchant or provider needs to be taken up directly with that third party. Frenzy will not be responsible for any issues you have with a third party merchant or provider in the provision of their goods or services.

 

Tax

Frenzy makes no representation about your tax liability as a result of your participation in the Frenzy Wallet Programme, including your use or redemption of any Reward and use of Frenzy Partner Benefits, Frenzy Deals or Frenzy Dollars.

You are responsible for any taxes and fees levied or required to be paid by any law or government taxing authority in connection with your Frenzy Wallet Membership, including your redemption of Frenzy Dollars, Frenzy Deals or Rewards.

We will not issue you with a tax invoice in respect of any Frenzy Dollars earning or transfer or your use of Frenzy Dollars to redeem Rewards or Frenzy Deals.

Payment Authorization

You authorize Frenzy to charge all sums for orders that you make to the payment method designated in your account. When you place an order order through Frenzy, a temporary pre-authorization hold is placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the order total quoted at checkout. However, your payment will be captured up to 24 hours after your order is completed or cancelled. In the event that the pre-authorization is greater than the final amount, the difference will be released after your order is completed or cancelled; depending on your bank, it may take up to 5 business days to receive access to these released funds.

Frenzy also places an initial temporary pre-authorization hold on each new payment method you add to your account.

Frenzy reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.

Delinquent Accounts

If payment due on your account is delinquent, we reserve the right to suspend or terminate your access to the Marketplace; your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs. 

If your payment card expires or is replaced by your issuing bank, the card network may provide us with updated card details associated with the same account. We may use these new details in order to help prevent any interruption to the Marketplace. If you would like to use a different payment method or remove a saved payment method from your account, please visit your account settings to update your billing information.

Cancelled Orders

If you cancel your order, you may be charged depending on what stage the order was in when you cancelled. You will be notified of any applicable charges before you complete your cancellation. You can learn more about order cancellations in our Support Centre.

Withdraw to your bank account

If you wish to withdraw your Frenzy Dollars to your bank account, there are a few extra conditions. You will need to provide information and proof that the bank account the Frenzy Dollars are being credited to is actually yours; you will need to complete the bank account verification to meet this condition. Details on this process can be found here. If the name on your Frenzy account and bank account do not match, you will not be able to withdraw your Frenzy Dollars.

You will be charged a fee for every withdrawal to your bank account. This fee is $0.50 per withdrawal.

 

Intellectual property

Your use of our platforms must not infringe the intellectual property rights of any person.

All copyright and other intellectual property rights in our platforms and all associated content is owned by Frenzy and/or our licensors.

Subject to any additional terms and conditions for particular services, you may use information available on our through our platforms in accordance with our Copyright Statement detailed below.

 

Respecting copyright

Information on this website is owned or otherwise provided by Frenzy. All material on this website, including, without limitation, text, images, graphics, layout, look-and-feel and any other information contained on or in this website (collectively, 'content'), is subject to copyright and other proprietary rights, including but not limited to the Copyright Act 1994 (New Zealand) and international copyrights, trademarks or other intellectual property rights and laws.

Unless otherwise stated, copyright in the content and behaviours of this website is owned by or licensed to Frenzy. Frenzy authorises you to access and view content on this website or mobile applications.

Trademarks, logos and service marks (collectively, 'marks') displayed on this website are registered or unregistered Marks of Frenzy or others, are the property of their respective owners, and may not be used without prior written permission of the owner of such marks.

Frenzy honours copyright laws, including the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Frenzy becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please report it using the form accessible through this tool. Or you may file a notice with our designated agent:

Frenzy App Limited.

Attn: Copyright Agent

Level 5

10 High St

Auckland 1010

New Zealand

email: feedback@frenzy.global

Don’t use this email address for anything other than reporting copyright infringement, as such emails will be ignored. To report other forms of infringement, please use the tool accessible here.

If you file a notice with our Copyright Agent, it must:

  • contain the physical or electronic signature of a person authorised to act on behalf of the copyright owner;

  • identify the copyrighted work claimed to have been infringed;

  • identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;

  • provide your contact information, including your address, telephone number and an email address;

  • provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law;

  • provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.

 

Use of Frenzy Applications and Platforms

You must provide your own internet access and device in order to download, install and/or use the mobile applications and platforms. You are responsible for all internet access, data download and other network charges arising from your downloading, installation or use of the mobile applications and platforms (including any global roaming charges where you use an app overseas) and you acknowledge and agree that Frenzy has no responsibility or liability for those charges.

When using a platform, you may be asked to grant the platform certain permissions and access. If you do not grant these permissions and access, you may be unable to use the platform or some of its features.

Access to and use of our mobile applications and platforms is not guaranteed and may be restricted or blocked without prior notice for maintenance, operational or technical reasons.

You may only access and use our platforms to view the availability of our goods and services for your personal and domestic purposes and to transact lawful and authorised business with us and for no other purpose. You agree you must not use a platform (or attempt to use it) in the following manner:

For any unlawful or dishonest activity;

  • To access, transmit, publish or communicate material which is defamatory, offensive, unsuitable for minors, abusive, indecent, menacing, or otherwise unlawful, or which contains a virus or other harmful code;

  • To obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;

  • To transmit, publish or communicate bulk and/or unsolicited messages; or

  • In any way that may cause Frenzy, its suppliers or other users of the app to incur liability to a third party.

Any use of a Frenzy mobile app is subject to any limitations or restrictions on the permitted use of the mobile app contained in the online store terms where you downloaded the app.

 

Areas of liability

If the Consumer Guarantees Act 1993 applies to these Terms of Use, nothing in these Terms of Use limits your rights under that Act. If you acquire any goods or services from us for the purposes of a business, the Consumer Guarantees Act 1993 does not apply.

The information provided on our platforms are for general guidance only. Users of the information contained on our platforms must make their own assessment of the suitability and appropriateness of the information or services described for their particular use and conditions.

Accessing our platforms, using our transaction processing services, and the downloading of any material is done entirely at the user's own risk. The availability of information on our platforms does not constitute a recommendation by Frenzy or any other person. If you enter into any transaction subsequent to accessing a platform, you do so entirely in reliance on your own judgement and inquiries and not in reliance on any statements, warranties or representations made to you or to any other person by or on behalf of Frenzy.

To the fullest extent permitted by law:

  • All warranties, representations and warranties (whether express, implied or statutory) are excluded, including without limit, suitability, satisfactory quality, fitness for purpose, compatibility, non-infringement, accuracy, security or completeness of a platform or the content on, or accessed through it; and

  • Frenzy will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of a platform or the content on, or accessed through a platform.

The exclusions and limits set out in these terms of use will also operate for the benefit of Frenzy’s relevant suppliers, licensors and agents which Frenzy use to provide its platforms.

Although we have endeavoured to ensure the content on its platforms is current, accurate and complete, we do not warrant that such content will be current, accurate or complete when you access it. We will take action to correct any error or inaccuracy which is brought to our attention.

 

Safety

We try hard to keep our Services a safe place for all users, but we can’t guarantee it. That’s where you come in. By using the Services, you agree that:

  • You will not use the Services for any purpose that is illegal or prohibited in these Terms.

  • You will not use any robot, spider, crawler, scraper or other automated means or interface to access the Services or extract other users’ information.

  • You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.

  • You will not use the Services in a way that could interfere with, disrupt, affect negatively or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services.

  • You will not use or attempt to use another user’s account, username or password without their permission.

  • You will not solicit login credentials from another user.

  • You will not post content that contains pornography, graphic violence, threats, hate speech, political messages or incitements to violence.

  • You will not upload viruses or other malicious code or otherwise compromise the security of the Services.

  • You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorised to access.

  • You will not probe, scan or test the vulnerability of our Services or any system or network.

  • You will not encourage or promote any activity that violates these Terms.

We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never Frenzy and drive. And never put yourself or others in harm’s way just to use Frenzy.

Your account

You are responsible for any activity that occurs in your Frenzy account, so it’s important that you keep your account secure. By using the Services, you agree that, in addition to exercising common sense:

  • You will not create more than 1 account for yourself.

  • You will not create another account if we have already disabled your account, unless you have our written permission to do so.

  • You will not buy, sell, rent or lease access to your Frenzy account without our written permission.

  • You will not share your account.

  • You will not log in or attempt to access the Services through unauthorised third-party applications or clients.

If you think that someone has gained access to your account, please contact Frenzy Support immediately.

 

Carbon offsetting

For every journey taken through the Frenzy app, Frenzy will offset your carbon emissions. There is no cost to you associated with this; it is simply Frenzy’s way of giving back and ensuring carbon neutral journeys for all journeys taken through the app. This applies to every journey, even if you don’t consume any Frenzy content while travelling.

If you wish to see evidence of your carbon offset, get in touch with us and we can provide you with our carbon emission offset certificates. Click here to request to see this certification.

 

Third party websites and advertising

Our platforms may contain content provided by third parties or links to third party websites not owned by Frenzy and/or advertising not related to Frenzy. If you view this content or visit a linked website or contact an advertiser, that dealing will be solely between you and that other website or advertiser at your own risk. Those websites, any product or service being advertised (as applicable) or any association with their operators, have not been prepared by and are not controlled by Frenzy and such links are provided for your convenience only, and do not imply that Frenzy checks, endorses, approves, investigates or agrees with third party content or websites this website links to. To the fullest extent permitted by law, Frenzy disclaims any and all liability in respect of use of any third party content or websites this website links to, unless this is specifically stated on this website.

Data charges and mobile phones

You are responsible for any mobile charges that you may incur for using our Services, including text messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

If you change or deactivate the mobile phone number that you used to create a Frenzy account, you must update your account information through Settings within 72 hours to prevent us from sending messages intended for you to someone else.

Poll disclaimer

In the event that we conduct online polls, we do not claim the online poll results will be accurate. Any poll results will only reflect the opinions of those platform users who have chosen to participate.

Customer Privacy Policy

Our Customer Privacy Policy governs our use of any personal information you provide during your use of our platforms.

 

Under 16

If you are under the age of 16, you must only use our platforms with the consent of your parent or guardian. You may not use charged services if you are under the age of 16.
 

Compliance with law

You agree that you will at all times comply fully with all relevant laws, rules, regulations and orders of all relevant regulatory bodies in relation to any of the information or services made available to you through our platforms.
 

Jurisdiction and governing law

Our platforms have been prepared in accordance with the requirements of New Zealand law. These terms of use and any matters or disputes connected with this website or any Frenzy mobile application will be exclusively governed by New Zealand Laws and will be dealt with by New Zealand Courts.

 

Termination

If you no longer wish to use Frenzy’s Services, you simply need to delete your account. Upon deletion, all personal information held by Frenzy (unless legally obligated to keep e.g. payment records) will be deleted and no longer held on our servers. While you use our services, we develop anonymous and unattributable personas from your data. We will retain this persona information to inform our future product and service development. There is no way we can attribute this data to you as an individual. 

You may terminate your use of any of the charged services, or access to any part of the platforms for which registration is required (including the online service payment process), at any time by requesting that Frenzy delete details for the relevant service or part of this website.

We may restrict or block your access to and use of:

  • our platforms at any time if we reasonably believe that you may have breached any provision in these terms of use; and

  • a service available on our platforms if we reasonably believe that you may have breached any provision in the additional terms and conditions for that service.

Any termination of your right to use any of the platforms, will not affect any rights or obligations which have accrued by either you or Frenzy prior to termination.

You may terminate your use of any downloaded mobile app by deleting your account through the app at any time.

Dispute resolution and arbitration

If you have a concern, let’s talk. Go ahead and contact us first and we’ll do our best to resolve the issue.

Some of our Services may have additional terms that contain dispute-resolution provisions unique to that Service or your residency.

If you are using the Services on behalf of a business (rather than for your personal use), you and Frenzy App Limited agree that to the extent permitted by law, all claims and disputes between us arising out of or relating to these Terms or the use of the Services will be finally settled under the LCIA Arbitration Rules, which are incorporated by reference into this clause. There will be one arbitrator (to be appointed by the LCIA), the arbitration will take place in Auckland, and the arbitration will be conducted in English. If you do not wish to agree to this clause, you must not use the Services.

 

Amendments

Frenzy may at any time and without notice, remove, amend and/or vary any of the content which appears on a platform, or cease operating the platform and any related services in whole or in part.

We may also amend these terms of use from time to time so you should check and read these terms of use regularly. By continuing to use ta platform after any such amendment, you are deemed to have agreed to that amendment.

 

Contacting us

If you have any questions or concerns in relation to a platform or these terms of use, please contact us.

These terms of use were last updated on 1 October 2019.

 

Definitions

In these terms of use, unless the context otherwise requires:

  • Frenzy means Frenzy App Limited and 'we', 'our' and 'us' have corresponding meanings.

  • Charged services means services available online through our platforms for which a fee is payable to Frenzy App Limited.

  • Fee means any fee payable for the charged services as specified in the app or on the website in relation to the fee requested.

  • Mobile application, mobile app or app means any software application developed for use on wireless computing devices and owned and operated by Frenzy, including any updates to it which are made available by Frenzy from time to time.

  • Online service payment process means the process by payments to Frenzy App Limited may be made through our platforms.

  • Online service payment terms mean the sections of these terms governing your use of the online service payment process.

  • Online store terms mean the terms applying to the external website or online store from which you downloaded a mobile application, as may be updated from time to time.

  • Username means a form of identification a user of this website, app or platform uses, to gain access to charged services and any other parts of this website for which registration of the user is required.

  • Website means the www.frenzy.global website and includes each of its subdomains or any website operated by Frenzy.

  • Terms of use mean all of these terms of use and any changes made to them from time to time.

  • You means the person accessing or using the platform or service, and your has a corresponding meaning.

  • Frenzy Dollars means the Frenzy Wallet programme rewards points that you earn as a member of the Frenzy Wallet programme through your use of the Frenzy app, consuming content or specified earning services in accordance with these Terms; being the Frenzy Dollars that Frenzy accrues to your Wallet and deducts from your Wallet when you use your Frenzy Dollars to redeem a Reward or when you use your Frenzy Dollars expire in accordance with these Terms.

  • Content provider means any third party provider who provides content into the Frenzy app, for example, advertisements, deals, trailers, games, surveys.

  • Frenzy Marketplace means the stores that you can purchase goods and services through in the Frenzy app.

  • Merchant means any third party provider who sells a good or service through the Frenzy marketplace. 

 

Additional terms for particular services offered

You may be required to agree to additional terms and conditions for particular services which we may make available to you from time to time through our platforms prior to being able to use those particular services. Any such additional terms and conditions are to be read in conjunction with these terms of use.

To the extent of any inconsistency between these terms of use and any additional terms and conditions for particular services, the additional terms and conditions will prevail in relation to the particular services.

From time to time, services may be changed, or your access rights, or the terms and conditions which you have entered into in relation to any particular service, or the online service payment terms, may be changed by Frenzy. When this has occurred you may be asked to accept updated terms and conditions on your next use of that service or the online service payment process. If you do not accept any updated terms and conditions, you will not be able to access the particular service or use the online service payment process.