Onzo operates under a mobile trading licence issued by Auckland Council and Wellington City Council (the councils) under the Trading & Events in Public Places bylaw 2015. Onzo’s operation has been designed to at all times comply with the standards required by the councils and other relevant regulations.
Onzo will make regular announcements to educate users about best practice required under the Code of Practice. Users agree to abide by these standards as a condition of use of the service. In particular, users agree not to use Onzo bicycles if the lights on the bicycles are faulty or not functioning, and bicycles if there is no helmet available. Users must notify Onzo by calling 0800 64 ONZO or making contact by any other form of communication, which are monitored 24/7. Onzo will rectify such issues or attend to any complaints promptly.
Additionally, users are actively encouraged to familiarise themselves with, and abide by, the official New Zealand Code for Cyclists, which can be found here:
Any bicycles that are in breach of the Code of Practice or regulations will be removed from circulation by tracking it using GPS technology. Onzo also retains its discretion to charge a penalty against a user’s account for any breach of these terms and conditions but Onzo will give the user reasonable warning in advance and an opportunity to respond.
As part of Onzo’s licence condition, Onzo retains the right to provide report, data and other information about usage of the service to Auckland Council, Auckland Transport, Wellington City Council or their associated entities for the purposes of the relevant local authorities’ monitoring of compliance and network planning. Users acknowledge and consent to such provision of information to local authorities. Information that identifies individuals are not collected by Onzo and will not be provided to third parties unless required by law.
Terms and Conditions
This rental Service Agreement of Onzo (hereinafter the “Agreement”) is executed between the service User (hereinafter “User” or “You”) and New Zealand Pacific On Wheels Ltd. (hereinafter “Onzo” or “we”) in relation to Users’ downloading, installation, use of “Onzo” software (a mobile application developed and operated by Onzo), the registration, use, management of their “Onzo” software accounts, and their use of relevant services provided by Onzo online and offline.
Onzo is responsible to provide online services based on internet and mobile net (including net service for bicycle rental software), and offline bicycle renting services and administration according to the provisions hereof as well as the operation rules it may publish from time to time (the online and offline services above are collectively referred to as “service” or “Onzo Service”).
Onzo recommends only people aged eighteen(18) or above, in good health, and able to ride bicycle, use the service or is otherwise accompanied by an adult or guardian.
Onzo may revise or renew this agreement and its supplements and appendices from time to time at Onzo’s sole discretion. The revised or renewed Agreement and documents will replace the original Agreement and documents immediately upon announcement, and take effect automatically. If you disagree with the revision or renewal, please stop using Onzo service immediately; you will be deemed to have fully accepted the revision and renewal if you continue to use Onzo service.
1. User Registration
1.1 The User confirms to have capacity for corresponding civil conduct to use Onzo service as prescribed by law, and is physically fit for such service. For your special attention, the User of Onzo software and Onzo service shall be aged sixteen(16) or above and physically fitted Users who suffer from disease that hazards safe riding including epilepsy, heart disease, hypertension, temporary dizziness, visual impairment, hearing disorder disability, or are under condition of(including but not limited to) drunkenness or intermittent psychiatric disorder, shall not register or use the service. For those who have registered as Onzo Users yet can’t meet above requisite conditions, Please stop using the service immediately.
1.2 in order to allow the Users to use Onzo Service, Onzo hereby grants a free non-exclusive license (without the right to sub-license or re-license) to the Users to install, use, display and run “Onzo” software on a single terminal device for non-commercial purpose. Without written consent by Onzo, the Users should not install the “Onzo” software on any other terminal devices that are not expressly permitted by Onzo, including but not limited to set-top box, wireless netbook, game console and television.
1.3 After you have downloaded and installed “Onzo” software, filled in information, read and agreed with this Agreement, and finished all authentication procedures as a visitor, you will become a registered User of “ Onzo” software.
2. User Account and Intellectual Property of the Software
2.1. Onzo will allocate a sole and proprietary account to each User upon successful registration, and the applicant shall have exclusive right to use the account, and is prohibited from bestowal, borrowing, leasing, transferring or selling it to others. The User is responsible to take care of the account and code, and should be in full charge of all activities under his/her account and code, regardless whether such activity causes any harm to the User or any third party, except for those due to Onzo’s fault.
2.2. If the User discovers any illegal use of the account, the User should notify Onzo promptly. The User understands it takes reasonable time for Onzo to respond to any request from the User, therefore Onzo is exempted from any liability for consequence already occurred before Onzo’s action, except for those due to Onzo’s fault.
2.3. if the nickname, name and/or information submitted under the User’s free account constitute any violation of laws, regulations and/or public policies, or infringement upon the legitimate interest of any third party, Onzo is entitled to prohibit the User from using the account, nickname or information.
2.4. all intellectual properties of “Onzo” software like its copyright, trademark right, patent right, trade secret, as well as all relevant information, including but not limited to words and expressions, icon, decoration diagram, color, interface design, layout frame, relevant data, printing material, and electronic document, are protected by the Copyright Law, Trademark Law, Patent Law, Anti-unfair Competition Law of the New Zealand(hereinafter the “NZ”), relevant international treaties and other applicable intellectual property laws and regulations. Onzo is entitled to fully and completely own the intellectual properties of “Onzo” software and all contents thereof, except for the software or technology licensed by third party.
2.5. Users shall neither install, use, run”Onzo” software for commercial purpose; nor copy, change, revise, hook to run or create any derivation (in forms including but not limited to access to “Onzo” and its relevant system using plug-ins or unauthorized third-party tools/service) in regards to the software or the data released to computer terminal memory and the interactive data between User-side and server-side when running the software.
2.6. without the written consent of Onzo, Users shall not implement, use, transfer or license any third party to implement, use or transfer the above intellectual property, whatever for-profit or for non-profit purposes. Onzo reserves all its right to pursue liability of the above unauthorized use.
3. Scope and use of the service
3.1. The exact area, scope and content of “Onzo” service will be determined by Onzo based on practical situations, which mainly includes User’s registration, reservation, navigation for location of bicycle, unlocking, locking, return of bicycle, rating and complaint, query and sharing of history record of bicycle use.
3.2 Users shall follow the principles below when using “Onzo” service”
- Observe applicable laws regulations and governmental orders in New Zealand;
- Observe all network protocol, regulation and procedures relation to Onzo Service;
- Should not use Onzo Service for any illegal purpose;
- Should not visit, record, steal or spread the data and relevant information of “Onzo” service system without authorization by technical means;
- Should not utilize “Onzo” Service in any forms that may infringe upon the commercial interest of Onzo, including but not limited to publishing unauthorized commercial or non-commercial advertisement;
- Should not utilize “Onzo” service system in any way that may adversely affect the normal operation of internet or mobile net;
- Should not utilize “Onzo” service system to upload, display or spread any information that is false, harassing, malign, abusive, minatory, obscene, or in violation of any laws, regulations or public order and good morals;
- Should not infringe upon the patent right, copyright, trademark right, reputation privacy, personal information or any other legitimate rights and interests of any third party;
- Should not utilize “Onzo” service system to infringe upon the legitimate rights and interests of Onzo;
- Without the consent of Onzo, Users should not move the bicycle or its component to any area by means other than normal riding, whether the Onzo is locked or unlocked;
- Part of Onzo Service is paid service, which requires Users to pay certain fees to Onzo. As a paid service, we will clearly indicate the Users before their use. Only after Users confirm their willingness to pay relevant fees can use such paid service. If the User disagrees to pay relevant fees, Onzo is entitled to withhold such paid service from him/her.
3.4. Unless otherwise provided under certain promotions, sales or rewards programs, Onzo charges a standard bicycle service fee of NZD 25 cent/15 minutes of riding. For a riding less than 30 minutes, it shall be deemed as 30 minutes, For Example:
- If you unlock a bike and ride for less than or equal to 15 minutes, Onzo will charge you 25 cents for the trip.
- If you unlock a bike and ride for more than 15 minutes, even 15 minutes 1 second, Onzo will charge you 50 cents for the trip.
- If you unlock a bike and ride for 15 minutes, stop for 15 minutes without locking the bike, and continue to ride for another 15 minutes, the charge time of riding should be 45 minutes, and in such case, Onzo will charge you 75 cents(3×25 cents) in total for the trip, because Onzo charges unlocking time;
- If you unlock a bike and ride it for 15 minutes, lock the bike for 15 minutes, then unlock the bike and ride for a further 15 minutes, Onzo will charge you 50 cents for the two trips. Onzo does not charge locking time.
3.5. Onzo is entitled to review and supervise(including but not limited to verify the content stored in Onzo system by Users) User’s use of “Onzo” service, including but not limited to paid service or free service (which includes free service based on advertising business model). If any User is found to breach above provision during the course of service, Onzo is entitled to demand redress by the User, or directly take all necessary measures (including but not limited to change or remove the content uploaded, stored, or published by the User, suspend, interrupt or terminate the User’s right to service) to alleviate the impact of such wrongdoings (if any). All liability to third party caused by User’s own behavior shall by solely and fully assumed by the User (which shall be irrelevant to Onzo).
3.6 Onzo is entitled to suspend, interrupt or terminate all or any part of Service to Users under this Agreement without prior notice to Users and without assuming any liability to Users or any third party, under circumstances where it considers on its sole discretion may involve criminal acts, infringement upon the rights and interests of any third party, infringement upon the legitimate rights and interests of Onzo or Onzo ( including but not limited to circumstance where a User breaches the principles set out in section 3.2 hereof). When a User is suspended, interrupted or terminated access to Service for reason under this section, the User shall act under instruction of Onzo, otherwise it will be deemed as a default under the Agreement and the User shall bear the liability for breach hereof, and Onzo also reserves all its rights to pursue legal liabilities of relevant parties.
3.7 Users understand and agree that Onzo only provides Service in relation to the Onzo, and that any other equipment for relevant network service(like PC, mobile phone, and other devices with access to internet or mobile net) and relevant fees charged by third party (like the telephone bill and internet fee for access to internet, mobile phone fee for access to mobile net) shall be borne by Users themselves.
3.8 In light of the distinctiveness of the service, Users agree Onzo to change, suspend or terminate all or part of its service (including paid service and free service) at any time. If Onzo changes, suspends or terminates free service, Onzo is not required to notify Users, or take responsibility to any User or third party; if Onzo changes, suspends or terminates paid service, Onzo shall notify Users in advance of the change suspension or termination;
3.9. Users understand that Onzo needs to examine and maintain the platform(like website, mobile net, etc.) or relevant equipment of Service at regular or irregular intervals; and that Onzo will not take responsibility for any break off of paid service within reasonable time that is caused by above examination and maintenance, provided that Onzo shall notify the Users in advance except for special circumstances.
3.10 if any circumstance below occurs, Onzo is entitled to suspend, interrupt or terminate service hereof to Users at any time, including but not limited to an paid service or free service(which includes the free service based on advertising business model), without bearing any liability to Users or any third party:
- The personal information provided by the User is false , incomplete, incorrect or illegal;
- The User breaches the rules or other agreements for the use of account and bicycle;
- The User does not pay service fee to Onzo in time for paid service;
- The behavior of the User may be illegal or may infringe upon the legitimate right and interest of any third party or Onzo
- Based on the valid order, judgment, ruling or decision made by competent court or government authority
3.11 If a users is granted an international refund, they agree to pay any bank fees to help facilitate this refund.
3.12 Onzo has no obligation to offer refunds arising from the user changing his or her mind, undergoing a change in circumstances, or making a mistaken purchase. If a refund is granted in these circumstances, Onzo reserves the right to charge a transaction fee on the refunded amount.
3.13 To use the service provided by Onzo, Users must have a deposit in the Onzo account. First time deposits are $9.90, if in the case that a user has refunded their first deposit, any other subsequent deposit will be $19.90. All deposits are refundable after 28 days of loading.
3.14 Onzo will endeavour to ensure every bicycle has a helmet attached to it, but cannot guarantee that there will be a helmet on every bike, all of the time. Users who decide to ride a bicycle without a helmet do so at their own risk, and agree that Onzo will not be responsible for any damages, including but not limited to police fines, they suffer as a result of riding a bicycle without a helmet.
3.15 The user understands that only one person is permitted to use a single bike at any given time.
4. Use and administration of Bicycle
4.1 “Onzo” has the sole ownership of Onzo and the right to license the Users to use the bicycles, and is responsible for the daily release, maintenance and repair of the bicycle.
4.2 without the consent of Onzo, Users shall not move the bicycle, in whole or in part to any area by means other than normal riding, whether the Onzo is locked or unlocked.
4.3 Users understand and agree that, section 4.1 does not mean Onzo is obliged to ensure all available bicycles are trouble-free at any time, Users should exercise duty of care to examine the bicycle before its actual use of the bicycle, including but not limited to careful examination of any possible damage of the bicycle, the tires are inflated, and the vehicle body is not damaged. When you spot any breakdown of the bicycle (whether before you unlock the bicycle or during the course of cycling), please give up the booking or stop using the bicycle immediately, and notify Onzo through the fault alarm system in “Onzo” software;
4.4 When using the bicycle, Users shall consciously abide by applicable laws and regulations such as the Road Traffic Safety Law as well as special local regulations, and shall follow the command and instruction of the traffic police. If the User is subject to any administrative governmental penalty for illegal riding, using and/or parking the bicycleOnzo is entitled to (based on its sole discretion and relevant provisions of credit rules) adjust the credit record of the User, temporarily or permanently freeze the account and/or limit the scope of Service or stop providing Onzo Service to the User, depending on the severity of the problem. If any traffic accident happens during the cycling, the User shall cooperate with relevant authority in accordance with the Measures for Disposal of Road Traffic Accidents. Onzo suggests Users buy suitable life insurance in case of need. IF ANY ACCIDENT OR INCIDENT OCCURS DURING THE COURSE OF Onzo SERVICE. Onzo IS FREE FROM ANY LIABILITY: UNLESS IT IS PROVEN THAT THE ACCIDENT OR INCIDENT IS DIRECTLY RESULTED FROM INHERENT DEFECT OF THE BICYCLE
4.5 THE BICYCLE OR BOOKED AND TAKEN BY THE User IS ONLY FOR THE USER’S OWN USE. AND IT IS NOT ALLOWED TO MAKE ANY SUBLEASE OR SUBTENANCY TO OTHERS OR TO CARRY PASSENGER(S). OTHERWISE ANY PERSONAL INJURY OR BICYCLE LOSS RESULTED THEREFROM SHALL BE BORNE SOLELY BY THE User. IN THE EVENT OF ANY HAZARDOUS WEATHER CONDITIONS LIKE TYPHOON. RAINSTORM. ICING OR SNOW. OR OTHER SPECIAL CIRCUMSTANCES WHERE LEGITIMATE AND SAFE CYCLING/RIDING IS NOT GUARANTEED. PLEASE STOP USING THE BICYCLE IMMEDIATELY AND RETURN IT TO SAFE PLACE. Onzo may also suspend the Service based on actual condition, and notify Users through media or other methods.
4.6 Any dispute between the User and third party occurred during the use of bicycle shall be resolved by themselves. Onzo is not responsible for any indemnification and any damages suffered by Onzo therefrom shall be indemnified by the User.
4.7 FOR YOUR SAFE USE OF Onzo. Onzo HEREBY REMINDS YOU OF THE FOLLOWING:THE MAXIMUM LOAD OF THE BICYCLE IS ONE HUNDRED (100) KG: THE MAXIMUM LOAD OF ITS LUGGAGE CARRIER/BASKET (IF ANY) IS TEN (5) KG: EXCEPT FOR THE LUGGAGE CARRIER/BASKET. Users SHALL NOT HANG ANYTHING ON ANY OTHER PART OF THE BICYCLE ( THE OBJECT IN THE LUGGAGE CARRIER/BASKET SHALL NOT EXCEED A HEIGHT OF 1.5 METRES ABOVE GROUND . A WIDTH OF 0.15 METRE OVER EITHER THE LEFT OR RIGHT SIDE OF THE HANDLEBAR: ITS FRONT-END SHALL NOT EXCEED THE WHEEL WHILE THE REAR-END SHALL NOT EXCEED 0.3 METRE OVER THE VEHICLE BODY).
4.8 Users shall take care of the bicycle, and use it in a reasonable, normal and safe way. If the bicycle is lost, stolen, destroyed, partially damaged or does not function properly due to the User’s improper use or custody (including but not limited to situations where the User unlocks the bicycle but doesn’t take it in time, the User does not lock the bicycle in time when it is out of use, the User adds a child seat or private lock on the bicycle without prior and express consent of Onzo, etc.) during the course of Service, the User shall indemnify Onzo for all losses.
4.9 Users shall ensure the bicycle is reliably locked and the return process is fully accomplished when returning the bicycle. If the bicycle cannot be locked due to any trouble of the safety lock, the first time the User may contact customer service in “Onzo” app, in order to allow Onzo to take measures in time to guarantee the safety of the bicycle and to deal with the troubles. If the bicycle is stolen or damaged because of unsuccessful return due to the trouble of the safety lock and the User’s unilateral fault of not contacting Onzo in time and not following the instruction of Onzo, Onzo may claim indemnification against the User for its actual loss.
4.10 Users who fail to lock their bicycle (unless the bicycle cannot be locked due to any trouble of the safety lock) shall be charged a fee of 10% of the total trip cost (capped at $10) for the first time they fail to lock their bicycle. Onzo reserves the right to increase this charge for any subsequent time users fail to lock their bike.
4.11 Users shall park the bicycle in public parking area which is permitted by laws and regulations and local government authority (including but not limited to the parking area on the roadside marked with white line), and shall not park it arbitrarily at places where normal traffic may be blocked. Onzo reserves the right to retrieve bicycles that users park in private property.
4.12 Onzo is not responsible to take care of your personal belongings, and it is suggested that when taking or replacing a bicycle, you carefully check if any personal belongings are left in parking place or on the bicycle.
5.1 All registration information provided to Onzo by the User shall be true, correct, precise, legitimate and valid. In case of any change of such registration information, the User shall update it in time. Onzo will review and examine User’s information from time to time according to law, and the User shall cooperate to provide the latest, true and complete information.
5.2 Onzo will examine the truth and legitimacy of the registration information uploaded by the User, and may raise reasonable query and doubt, or reject authentication of User’s identity without providing any reason; the User may apply for authentication again or appeal for re- authentication.
5.3 Protecting User’s privacy in accordance with law is a basic policy of Onzo. Onzo undertakes not to disclose to public or any third party the User’s registration information and his/her private personal information which is protected by law and stored in “Onzo’’ software or relevant system during course of the Service, except for the following:
- With prior express consent from the User;
- As demanded by relevant laws and regulations;
- As demanded by competent government authority;
- As demanded by valid court judgment, ruling or order;
- Is provided to government authority or court in relevant administrative proceedings or judicial proceedings to protect Onzo’s legitimate right or public interest.
5.4 Users UNDERSTAND AND AGREE THAT “Onzo” MAY PROVIDE SERVICE TO Users BY COOPERATION WITH THIRD PARTY. IN SUCH CIRCUMSTANCE. IF THE THIRD PARTY AGREES TO TAKE EQUIVALENT RESPONSIBILITY TO PROTECT Users PRIVACY. Onzo MAY PROVIDE User’S REGISTRATION INFORMATION TO SUCH THIRD PARTY FOR THE PURPOSE OF PROVIDING SERVICE TO THE User.
5.6 Users hereby grant to Onzo a worldwide free license to use the words, picture, video and audio provided and published by Users (excluding information that concerns personal privacy) during the term of protection for copyrighted works, regardless of any early termination or expiration of this Agreement. Onzo is entitled to store, use, copy, revise, compile, publish, display, translate and distribute (by internet or offline) such information, and incorporate it into other works by form, media or technology available now or developed in the future.
5.7 Users AGREE TO ACCEPT THE COMMERCIAL ADVERTISEMENT OR OTHER COMMERCIAL INFORMATION RELEASED BY Onzo DURING THE COURSE OF SERVICE. AS WELL AS THE INFORMATION OF COMMODITY AND SERVICE OR OTHER COMMERCIAL INFORMATION DELIVERED TO Users BY Onzo VIA EMAIL OR OTHER MEANS.
6.1 Onzo WILL NOT PROVIDE GUARANTEE OF ANY TYPE IN REGARD TO ITS SERVICE. INCLUDING BUT NOT LIMITED TO THE PROMPTNESS. SAFETY AND ACCURACY OF THE SERVICE, AND WILL NOT TAKE ANY RESPONSIBILITY FOR THE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR SUBSEQUENT DAMAGE AND RISK OCCURRED FOR USE OF OR INABILITY TO USE THE SERVICE UNDER ANY CIRCUMSTANCES
6.2 Users UNDERSTAND AND AGREE THAT Onzo HAS NO SUBJECTIVE FAULT AND SHOULD NOT BE HELD LIABLE TO ANY INTERRUPTION OF SERVICE OR RISK OF NOT MEETING User’S REQUIREMENT THAT ARE RESULTED FROM FORCE MAJEURE. COMPUTER VIRUS. HACKER ATTACK. SYSTEM INSTABILITY. LOCATION OF THE User. POWER OFF AND OTHER REASONS CAUSED BY NETWORK. TECHNOLOGY , TELECOMMUNICATION LINE AND SO FORTH.
6.3 Users AGREE THAT Onzo SHOULD NOT BE HELD LIABLE TO ANY QUALITY DEFECTS OF FOLLOWING PRODUCTS OR SERVICE PROVIDED TO Users BY Onzo AND ANY LOSS (IF ANY) RESULTED THEREFROM:
- ANY FREE SERVICES PROVIDED TO Users BY Onzo;
- ANY COMPLIMENTARY PRODUCTS OR SERVICES PROVIDED TO Users BY Onzo
- ANY COMPLIMENTARY PRODUCTS OR SERVICES PROVIDED TO Users BY Onzo TO ITS PAYING Users OF NETWORK SERVICE.
6.4 Users AGREE THAT THE SERVICE PROVIDED BY “Onzo” SHALL BE SUBJECT TO THE NZ TRAFFIC LAWS AND REGULATIONS WHICH MEANS THAT WHEN THERE IS A CONFLICT BETWEEN THE SCOPE, FUNCTION AND CONTENT OF THE SERVICE AND THE TRAFFIC LAWS AND REGULATIONS, THE LOCAL TRAFFIC LAWS AND REGULATIONS SHALL PREVAIL ANY VIOLATION OF TRAFFIC LAWS AND REGULATIONS DURING THE COURSE OF “Onzo” SERVICE AND ANY ADVERSE IMPACT AND LEGAL LIABILITY RESULTED THEREFROM SHALL BE BORNE INDEPENDANTLY AND SOLELY BY THE USERS THEMSELVES, WHICH SHALL BE IRRELEVANT TO Onzo. USERS UNDERSTAND AND AGREE THAT WHEN DEMANDED FOR EVIDENCE. Onzo IS OBLIGED TO PROVIDE RELEVANT DATA OR INFORMATION TO GOVERNMENT AUTHORITY TO COOPERATE WITH GOVERNMENTAL INVESTIGATION.
6.5 USERS FULLY UNDERSTAND AND ACKNOWLEDGE THE IMPORTANCE OF SAFE CYCLING AND AGREE NOT TO USE “Onzo” BICYCLE UNDER ANY POTENTIAL INSECURE CONDITIONS AND AGREE THAT Onzo WILL NOT BE HELD LIABLE TO ANY SAFETY LOOPHOLE AND TRAFFIC ACCIDENTS AND OTHER DISPUTES ARISING THEREFROM DURING THE COURSE OF “Onzo” SERVICE IF THEY ARE CAUSED BY REASONS IRRELEVANT TO Onzo.
6.6 USERS FULLY UNDERSTAND AND ACKNOWLEDGE THE IMPORTANCE AND NECESSITY OF ANY AND ALL AGREEMENTS AND PROVISIONS HEREOF REGARDING THE LEGITIMATE AND SAFE USE OF Onzo BICYCLES AND SERVICE AND AGREE THAT Onzo SHOULD NOT BE HELD LIABLE TO ANY CLAIMS, PUNISHMENT, RESPONSIBILITY, COSTS OR LOSS (INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS) ARISING OUT OF THE BREACH BY THE USERS UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT OR Onzo’S SERIOUS FAULT IS PROVEN IN THIS REGARD.
7 Breach-of-contract Liabilities
7.1 When Onzo causes any actual loss to the Users due to its violation of relevant laws and regulations or breach of provisions hereof, Onzo agrees to undertake the corresponding breach-of-contract liabilities.
7.2 Users agree to guarantee and protect the legitimate rights and interests of Onzo and other Users. When the User causes any loss to Onzo or any third party due to the User’s violation of relevant laws and regulations or breach of provisions hereof, the User agrees to undertake the corresponding breach-of-contract liabilities, including but not limited to indemnifying and holding Onzo harmless from all direct and indirect losses it suffers linduding any direct economic loss, reputation damage, compensation to others, settlement fee, attorney fee, litigation fee, etc.).
8 Amendment to and Termination of the Agreement
8.1 In view of the rapid development and change of internet service market and its relating areas, Users understand and agree that Onzo is entitled to revise any provision hereof from time to time; once any change is made to the Agreement, Onzo will publish the revised Agreement (in forms of an updated Agreement, supplements, new appendices to the Agreement etc.) on Onzo’s official website or APP, which shall be deemed as notification to all Users of the revised Agreement. Onzo may also notify Users of the revision in other proper means.
8.2 Users are entitled to unilaterally terminate this Agreement upon accomplishment of relevant obligation hereunder (including but not limited to full payment of paid service of “Onzo”).
8.3 Onzo is entitled to unilaterally terminate this Agreement under any circumstances of the following:
- The User breaches this Agreement materially or repeatedly;
- There is abnormal behavior of the User, based on which Onzo has a reasonable doubt that there is a violation of applicable laws or breach of provisions hereof by the User, and which may result in adverse impact on Onzo, other Users, public order or public interest if this Agreement is not terminated;
- The User misappropriates other’s account, makes prohibited release of information, defrauds others of their property, or makes gains through improper means, etc.;
- Other circumstances where this Agreement should be terminated.
8.4 Upon termination of this Agreement, unless otherwise expressly provided by law, Onzo has no obligation to disclose any information of the account to the User or the third-party designated by the User. Onzo may still have the following rights after termination of this Agreement:
- To preserve all information stored in Onzo software by the User;
- To pursue the breach-of-contract liabilities under this Agreement against the User for his/her prior breaches.
9. Service of Notices
9.1 Onzo may serve all its notices to Users by announcement on website, announcement in software, email, short message or regular mail; except for the regular mail which shall be deemed to be effectively served on the date of receipt as shown on postmark, any other notices shall be deemed to be effectively served to addressee on the date of sending.
9.2 Users may serve their notices to Onzo at the mailing address or email address Onzo officially announces to the public.
10 GOVERNING LAW AND DISPUTE RESOLUTION
10.1 THE EXECUTION, PERFORMANCE AND INTERPRETATION OF THIS AGREEMENT AS WELL AS THE RESOLUTION OF DISPUTE IN CONNECTION WITH THIS AGREEMENT SHALL BE GOVERNED BY THE NZ LAW.
10.2 SHOULD ANY DISPUTE ARISE REGARDING THE EXECUTION, CONTENT, INTERPRETATION OR PERFORMANCE OF THIS AGREEMENT AND ITS SUPPLEMENTS AND APPENDICES. THE DISPUTE MAY BE RESOLVED THROUGH FRIENDLY NEGOTIATION BETWEEN THE PARTIES: IF THE NEGOTIATION FAILS, ANY PARTY MAY SUBMIT ANY DISPUTE ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT AND ITS SUPPLEMENTS AND APPENDICES TO THE GOVERNMENT CENTRE FOR DISPUTE RESOLUTION (GCDR)
11.1 Any provision hereof that becomes completely or partially invalid or unenforceable for whatever reason, will not influence the effect of other provisions hereof. Under such circumstance, the parties shall negotiate for a new lawful provision, to fulfill the intent of the original provision to the Largest extent. The headlines hereof are for reference only, and shall not restrict any interpretation of this Agreement.
11.2 Either Party’s failure to exercise or delay in exercising all or partial rights under this Agreement shall not be deemed as a waiver of any other right or similar right hereof.
11.3 This Agreement constitutes entire consensus between the parties regarding the content hereof; any consensus existing before execution of this Agreement or contradicting or conflicting with this Agreement shall be null and void, whether in verbal, written or other forms.