NZ Driving Theory Test iOS and Android applications
Terms and conditions & Privacy Policy
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the NZ Driving Theory Test version 3.8.x application (the "Application") operated by BEETPIX Co., Ltd. ("us", "we", or "our").
Your download and/or use of the Application is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who download and/or use the Application.
By downloading and/or using the Application you agree to be bound by these Terms. If you disagree with any part of the terms then you may not download or use the Application.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Application and/or website linked to the Application may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of services in the Application. The services available in our Application may be inaccurate, or unavailable, and we may experience delays in updating information in the Application and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including questions, questions' answers, questions' images or other services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
From time to time we release updates to the application in which we reserve the right to add or remove its content without prior notice. Relevant updates to the application or its contents will be stated under "update notes / what's new" and the information about what has changed publicly available on the app store. By applying such update you agree to the new changes.
Purchases
The Application is sold through the Apple Inc. app store and therefore all Application purchases are processed by Apple Inc.
Refund Policy
Because a downloaded copy of the Application cannot be returned or revoked, we have a non-refund policy but refunds may be issued at the discretion of BEETPIX Co., Ltd. and if granted, the amount refunded will be based on a number of factors (such as purpose and usage of the application and comissions taken by any third-party businesses involved)
Intellectual Property
The Application and its original content, proprietary questions, questions' answers, features and functionality are and will remain the exclusive property of BEETPIX Co., Ltd. and its licensors. The Application is protected by copyright, trademark, and other laws of both the New Zealand and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BEETPIX Co., Ltd..
The questions, images and answers in the Application are not presented in the exact same way as the learner theory test and the New Zealand Transport Agency does not endorse, approve or attest to the validity of this application's content.
The questions, images (with exception of the general road sign images) and answers in the Application, as well as theme images are proprietary and shall not be reproduced, shared (with exception of what is offered by the application functionality) or offered by any third-party without written consent from BEETPIX Co., Ltd.
Links To Other Web Sites
Our Application may contain links to third-party web sites or services that are not owned or controlled by BEETPIX Co., Ltd..
BEETPIX Co., Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that BEETPIX Co., Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Limitation Of Liability
In no event shall BEETPIX Co., Ltd., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, non-approval in the actual theory test, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Application; (ii) any conduct or content of any third party in the Application; (iii) any content obtained from the Application; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Application is at your sole risk. The Application is provided on an "AS IS" and "AS AVAILABLE" basis. The Application is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The iOS version of our application contains a feature called "Knowledge Level" which provides information regarding how likely its user is to pass the actual test. The data provided by this feature is based on math calculations and should not be relied on as an official information.
The usage of our application does not guarantee that its users will pass their actual test. Ultimately result of the actual theory test will depend on the user.
BEETPIX Co., Ltd. its subsidiaries, affiliates, and its licensors do not warrant that a) the Application will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Application is free of viruses or other harmful components; or d) the results of using the Application will meet your requirements.
Governing Law
These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Application, and supersede and replace any prior agreements we might have between us regarding the Application.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to use our Application after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Application.
Privacy Policy
We are committed to protecting your privacy online and we do not collect any sensitive information such as phone calls, SMS or any other services.
However, we do collect anonymous information such as when application is launched and which screens are triggered. Nothing in these information links to an especific user, which means we do not have any way to know who you are, where you are or any other information othen the what has been described here.
Contact Us
If you have any questions about these Terms, please contact us.
Terms last updated: Nov 27, 2017