Terms & Conditions

Website Terms & Conditions

The Semble website(s) and related web-based services are made available to site visitors pursuant to the following terms and conditions of use ('Terms and Conditions'), and any other rules posted on the website. By visiting the Semble website(s) you are accepting the Terms and Conditions. If you disagree with these Terms and Conditions you must discontinue use of the website immediately.

Semble holds all copyright and other intellectual property rights in this website and reserves all such rights. You may electronically store and reproduce the contents of this website solely for the purpose of viewing this website or saving website content for your own personal use. You may not display or distribute the content of any of these pages in public or where the content is accessible to the public, including making any reproduction in any form on the Internet without seeking prior permission from Semble.

With this website, Semble is not, in any way, making any offer to enter into any transaction or relationship with you.
We may include links on this website to other websites or resources operated by parties other than Semble. Semble is not responsible for any of the content or accuracy of external websites or pages. Furthermore we are not responsible for the availability of external websites or pages and do not endorse them, nor are we liable or responsible for the privacy practices of the content of the external websites.
If you create a link to the Semble website you remain fully responsible for any consequences of that link, whether direct or indirect and you will protect Semble against any loss, damage, liability or costs or expense arising from or in connection to the link.
Whilst Semble makes every effort to ensure the information contained on this website is accurate, it does not represent or warrant the accuracy or completeness of any information on this website or that this information is suitable for your intended use. The information on this website may be changed at any time without prior notice.
Subject to any applicable law which cannot be excluded and to all provisions implied by statute which cannot be excluded, Semble accepts no responsibility for any loss, damage or expense (whether direct or indirect) incurred by you as a result of any error, omission or misrepresentation in any information on this site or our failure to provide this site.
Publication of email addresses should not be taken as deemed consent to receiving unsolicited electronic messages.
These terms and conditions are in addition to and do not replace any terms and conditions for Semble products or services and Semble reserves the right to change the Terms and Conditions without prior notice.

Semble App Terms & Conditions

By using the Semble App you agree that you have read and accepted all of these terms and conditions ("Terms")
Keep your phone safe. If your phone is lost or stolen, contact your mobile network operator (“MNO”), payment card provider(s) (such as banks) and any other relevant service providers (such as transport card providers) immediately to have all services deactivated remotely.

Use of the Semble App
Your responsibilities; Disclaimer
Our responsibilities; Disclaimer
MNO/Service Provider Disclaimer
Suspension or Termination
Seeking help
Privacy
Intellectual property rights
To stop using the Semble App or an individual service
Other matters

1. Use of the Semble App

These Terms are an agreement between you and TSM NZ Limited trading as Semble (“us”, “we”, “our”) for the use of the Semble application (the "Semble App"). You must read all of these Terms carefully before you activate or use the Semble App.

These Terms are governed by New Zealand law.

From time to time, we may need to amend these Terms by changing or removing existing terms or by adding new ones. You can view the most current Terms on the Semble website at www.semble.co.nz, or in the Semble App. Please check the Semble Website regularly for updates. By using the Semble App you agree to the most current Terms.

Explaining the Semble App

Semble is an electronic application which you download to your mobile device using the internet. It can host services from businesses in New Zealand (“Service Providers”) which enable you to complete transactions (for example to make contactless payments, redeem vouchers or coupons and use transport credit) utilising near-field communications (“NFC”) techonology (“Transactions”).

To be able to use the Semble App you will need to have:

an approved mobile device with NFC capability – approved devices may vary between MNOs, and a list of approved devices for each MNO is published on the Semble Website.
a compatible operating system on your mobile device. These are published on the Semble website.
a Semble compatible SIM as made available by your MNO.
downloaded your MNOs version of the official Semble application from Google Play which matches your MNO.

2. Your responsibilities; Disclaimer

You are responsible for all activity in your Semble App, and keeping your five-digit security code, password and other security information safe and secure.

We recommend that you lock your mobile device and take other steps necessary to stop unauthorised use of the Semble App.

You agree that you will:

notify your MNO and Service Providers (such as your bank) immediately if your mobile device is lost or stolen.
not use your Semble App or any Service Provider’s services for any unlawful purposes or in a way which interferes with the rights of any other person.
not act fraudulently or maliciously in relation to the Semble App or any Service Provider’s services hosted in the Semble App. For example, you agree you will not copy, modify, adversely effect, reverse engineer, hack into or insert malicious code into the Semble App.

3. Our responsibilities; Disclaimer

These Terms apply only to the use of the Semble App on your mobile device. Your use of your mobile device and any wireless services provided by your MNO (currently 2degrees, Spark or Vodafone) is subject to the separate agreement(s) that you have entered into with your MNO for those mobile services.

Your MNO has no responsibility and is not liable for the Semble App or its operation, or any of the services loaded into your Semble App. You may incur charges from your MNO for downloading and using the Semble App. Any such charges are your responsibility.

Any Transaction-related services that you load into your Semble App are subject to separate agreements that you have entered into with Service Providers (for example, your bank).

We have no responsibility for the content, accuracy or availability of any services provided by your MNO or Service Providers. If you have a problem with any of those services, you should contact the relevant MNO or Service Provider.

The Semble App is provided ‘as is’ and we take no responsibility for any loss, failure or faults with the Semble App. We cannot guarantee that the Semble App will work 100% of the time. There are many technical aspects to using the Semble App and the services hosted in it which are provided by other parties. These include your mobile device, SIM, the terminal and the Service Provider’s services. These factors and the nature of technology means that we cannot guarantee Semble will be 100% fault free. Subject to any rights you may have at law, including under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986:

We are not liable for any inability by you to complete a Transaction for any reason or for any loss, claim, or error whatsoever (including any third party claims), resulting from the use (whether authorised or unauthorised) of the Semble App and services within the Semble App on your mobile device.
If we are ever liable to you (except on the grounds of fraud or gross negligence by us or any of our employees, officers, agents or contractors) and, for any reason we cannot rely on the above exclusion of our liability under these terms and conditions, then the maximum combined amount we will have to pay you will be $100.00 for any event or series of related events.

4. MNO/Service Provider Disclaimer

Your MNO is not liable for any charges incurred by you as a result of any unauthorised use of services within the Semble App on your mobile device.
Liability for any loss, claim, or error whatsoever (including any third party claims), resulting from the use (whether authorised or unauthorised) of the services on the Semble App on your mobile device is covered by the terms and conditions between you and your Service Providers.

We encourage you to review and understand the terms and conditions of your Service Providers.

5. Suspension or Termination

We reserve the right to restrict or cancel your access to the Semble App and/or services hosted in it if:

We suspect on reasonable grounds it is being used for suspicious activities, including any illegal or unauthorised transactions.
You have breached any of these Terms.
You gave us, or we reasonably suspect you have given us, false or inaccurate information during the registration process or otherwise.
We believe on reasonable grounds we may be in breach of any law or regulation if we continue to allow you to use the Semble App.
We believe on reasonable grounds your mobile device is lost, stolen or damaged or subject to unauthorised access.
Your Semble App has not been used for a period of at least 12 months.

6. Seeking help

If you need help with the Semble App, you will need to contact your MNO as provider of support services on behalf of Semble.

If you need help with any of the services in Semble, you will need to call the Service Provider.

7. Privacy

You agree that we can collect information about you and the way in which you are using the Semble App (among other things) and use the information as set out in our Privacy Policy. Please ensure you have read and understood our Privacy Policy which forms part of these Terms.

8. Intellectual property rights

We make the Semble App available to you, but it contains material which is created and owned by other people or businesses. You must not do anything which infringes any copyright, trade mark or other intellectual property rights of us or any other person.

9. To stop using the Semble App or an individual service

If your mobile device is lost or stolen, contact your Service Providers (such as your bank) and MNO immediately to have all services deactivated remotely.

If you want to remove a single card or service from the Semble App you must contact the relevant Service Provider to remove that particular service.

If you no longer want to use any services in your Semble App, you need to contact your Service Providers to remove their services and then delete the Semble App from your mobile device.

If your contract with your MNO is cancelled, your MNO will remotely terminate the Semble App on your SIM.

10. Other matters

In the event of any dispute related to the use of a service within the Semble App, please put this in writing to the Service Provider of the card or service involved in the first instance. If your dispute relates to us please put it in writing and send it to the Semble contact address found on our website www.semble.co.nz.