Genie web and API terms

Last Updated: 16 October 2024

Background

Genie is operated by Akahu Technologies Limited ("Akahu"). By using the Genie web service or Genie API (the "Services" or "Genie") you agree to comply with and be bound by the following terms and conditions ("Terms"). If you do not agree to and accept these Terms, you must not use the Services. All references within these Terms to "we", "us", or "our" refer to Akahu.

Licence

Akahu grants to you an exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Services as detailed in these Terms.

The Services are provided as a simple tool to demonstrate our transaction enrichment capabilities. You must only access Genie for personal use.

Restrictions on Use

Materials you provide

We permit you to post content to the Services ("Materials"), provided that the Materials are not illegal, obscene, abusive, threatening, defamatory, or otherwise objectionable to us.

Akahu may hold and use Materials that you provide for Akahu’s internal business purposes including improving the Services. By submitting Materials to the Services or otherwise providing content to us in connection with the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to store, use, reproduce, distribute, display, modify, and edit these Materials in connection with the Services. You represent and warrant that you have obtained all necessary authorisations to enable Akahu to hold and use data as contemplated by this clause

We will not pay you any fees for Materials, and we reserve the right in our sole discretion to remove or edit them at any time.

Your responsibilities

Genie attempts to match a transaction description or payee account number to a known merchant.

Merchant data has been compiled in good faith, but will not always be accurate. Rules to match a transaction description or payee account number to a merchant will also not always be accurate.

You are responsible for checking, confirming, and satisfying yourself as to the accuracy of any details in a Genie response.

We provide no guarantee and accept no responsibility for the accuracy or completeness of any information returned by Genie.

Availability of the Services

The Services are available as a demo tool, and are not available for commercial use in this demo format. We cannot guarantee that the Services will operate continuously without interruptions or be fault free.

We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of the Services, including your access to it.

If you want to use Genie for commercial use rather than personal use, we will enter a separate contract with you that includes service levels.

Third parties

Genie responses often contain links to third party websites that are not affiliated with us. We have no control over the websites of these third parties and we do not guarantee or take responsibility for them.

Intellectual property

The Services and all content on our website, including but not limited to design, copy, search results, images, graphics, structure, layouts, and the underlying software code are protected by copyright and trademarks and are subject to the intellectual property rights of Akahu.

You may not reproduce, republish, transmit, or distribute any material or information provided by the Services without our prior written consent. However, you are granted a limited right to access the Services and view the responses for your own personal, non-commercial use only.

Merchant names are logos shared in reliance on the "honest practices" section of the Trade Marks Act 2022.

Termination

We reserve the right, in our sole discretion and without notice to you, to terminate your licence to use our Services and to prevent future access by you to our Services.

Disclaimer

The Services are provided on an "as is" and "as available" basis and we make no representations or warranties of any kind, either express or implied.

You expressly agree that your use of the Services is at your sole risk and we expressly disclaim any and all warranties, either express or implied, including without limitation warranties as to quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access, or use.

We accept no responsibility and make no guarantee that the Services will be free from faults, errors, and/or omissions. It is your sole responsibility to evaluate the quality, suitability, accuracy, completeness, and reliability of the Services or any information provided.

Limitation of liability

In no event shall we nor any of our officers, shareholders, directors, employees, agents, or suppliers be liable for any loss or direct, indirect, consequential, incidental, special, or any other damages arising from your use of the Services.

Should you not agree with any part of these Terms or have any dispute or claim against us or our suppliers with respect to these Terms or the Services, your sole and exclusive remedy will be to discontinue using the Services.

Notwithstanding the foregoing, nothing in this clause is intended to limit any statutory rights you may have as a consumer which may not be excluded nor in any way to exclude or limit our liability to you for personal injury or death caused by our negligence.

Indemnification

You agree to indemnify, defend, and hold us and our affiliated companies, shareholders, officers, directors, employees, agents, and suppliers harmless from any and all claims or demands, made by any third party due to or arising out of your use of the Services, the violation of these Terms by you, or the infringement by you of any intellectual property or other right of any other person or entity.

Changes to Terms

We reserve the right in our sole discretion to change these Terms at any time without prior notice to you. Any changes will be posted on our website and become effective at the time of posting.

Your continued use of the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes. We reserve the right to modify, suspend, or discontinue all or part of the Services at any time to you and/or others, with or without notice. We shall not be liable to you or any other party should we exercise our right to modify, suspend, or discontinue all or part of the Services.

Applicable law

These Terms shall be governed by and construed in accordance with New Zealand law and the parties agree that any disputes will be settled in New Zealand courts, save that we may take action in any relevant jurisdiction to enforce our intellectual property rights.

Should any provision of these Terms be determined to be invalid or unenforceable by any court having competent jurisdiction, then the invalid or unenforceable provision will be replaced with a provision that reflects the intent of the original provision, to the extent permitted by applicable law and all other provisions of these Terms shall remain in full force and effect.

General

The headings in these Terms are solely used for convenience and have no legal or contractual significance.

You may not assign, transfer, or sublicense your rights, if any, under these Terms. Our delay or failure to exercise or enforce any right or provision of these Terms with respect to a breach by you or others shall not constitute or be construed as a waiver of such right to act. We shall not be responsible for any breach of these Terms caused by circumstances beyond our control.

These Terms constitute the entire agreement between you and us with respect to the Services and supersede any and all prior agreements and understandings between you and us.