ACCESS QUEST AND ACCESS CART TERMS OF USE
1 APPLICATION OF TERMS
1.1 These Terms apply to your use of Access Quest, the Cloud Services, and any Access Cart (as those terms are defined below). By accessing and using Access Quest and the Cloud Services, and leasing any Access Cart:
a you agree to these Terms; and
b where your access and use is on behalf of another person, you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use Access Quest and the Cloud Services, and lease any Access Cart, and you must immediately stop doing so.
1.3 Where you have signed a separate written agreement with us, if there is any inconsistency between these Terms and that separate agreement, the separate agreement prevails.
2 CHANGES
2.1 We may change these Terms at any time by notifying you of the change by email or by posting a notice via the Website, Access Quest or the Cloud Services. Unless stated otherwise, any change takes effect from the date set out in the notice. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use Access Quest, the Cloud Services, and any Access Cart from the date on which the Terms are changed, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, Access Quest, the Cloud Services, or any Access Cart, without notice or liability.
2.3 These Terms were last updated on 16 June 2025.
3 INTERPRETATION
In these Terms:
Access Cart means the Access Cart leased by us to you that may be used to mount a mobile device using Access Quest.
Access Quest means our Access Quest app that connects to the Cloud Services and enables users to record and use Navigation Data and to plan safer journeys.
Approved Purpose means the use of Access Quest, the Cloud Services, and/or the Access Cart for the purpose of recording and sharing, and using personally, Navigation Data to enable safer journeys.
Data means all data, content, and information (including personal information) that is collected from you using Access Quest, including both Navigation Data and other data that is inputted by you or on your behalf, and made available via Access Quest and the Cloud Services.
Documentation means the user and technical documentation for the Access Cart that is made available by us, and includes any update.
Fees means the applicable fees set out on the Website, as may be updated from time to time by us.
Force Majeure means an event that is beyond our reasonable control.
including and similar words do not imply any limit.
Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity.
Navigation Data means all data that is uploaded to or made available on Access Quest and the Cloud Services, whether by you, us or any third party, relating to navigating a location, including hazards, barriers, accessibility features, terrain information, suggested routes, weather information, and related guidance.
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
a party includes that party’s permitted assigns.
Payment Terms means the payment terms set out on the Website for the Fees, as may be updated from time to time by us.
a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
personal information means information about an identifiable, living person.
Start Date means the date that you set up an account to use Access Quest, the Cloud Services, or an Access Cart.
Terms means these terms titled Access Quest and Access Cart Terms of Use.
Underlying Systems means the software, IT solutions, systems and networks (including software and hardware) that we use to provide Access Quest and the Cloud Services.
User ID means a unique name and/or password allocated to you.
We, us or our means Smart Access Limited, New Zealand company number 7947678.
Website means the internet site at www.accessquest.com, or such other site notified to you by us.
Year means a 12-month period starting on the Start Date or the anniversary of that date.
You or your means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
Words in the singular include the plural and vice versa.
4 PROVISION OF THE SERVICES
4.1 We will use reasonable efforts to provide the Cloud Services:
a in accordance with these Terms and New Zealand law;
b exercising reasonable care, skill and diligence; and
c using suitably skilled, experienced and qualified personnel.
4.2 Our provision of Access Quest, the Cloud Services, the Access Carts to you is non-exclusive. Nothing in these Terms prevents us from providing Access Quest, the Cloud Services, and Access Carts to any other person.
4.3 It is possible that on occasion the Cloud Services may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. We will use reasonable efforts to publish on Access Quest or via the Cloud Services advance details of any unavailability.
4.4 Through the use of web services and APIs, Access Quest and the Cloud Services interoperates with a range of third party service features. We do not make any warranty or representation on the availability of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.
5 YOUR OBLIGATIONS
5.1 You must provide true, current and complete information in your dealings with us (including when setting up an account) and must promptly update that information as required so that the information remains true, current and complete.
5.2 If you are given a User ID, you must keep your User ID secure and:
a not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to support@smartaccess.enterprises.
5.3 You must use Access Quest, the Cloud Services, and the Access Cart for lawful purposes only and must not copy, reproduce, translate, decompile, reverse-engineer, resell, modify, sub-licence, make available to a third party, commercially exploit, or otherwise deal in Access Quest, the Cloud Services, and the Access Cart, except to the extent expressly permitted by applicable law.
5.4 When accessing the Cloud Services, you must:
a not impersonate another person or misrepresent authorisation to act on behalf of others or us;
b correctly identify the sender of all electronic transmissions;
c not attempt to undermine the security or integrity of the Underlying Systems;
d not use, or misuse, the Cloud Services in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Cloud Services;
e not attempt to view, access or copy any material or data other than:
i that which you are authorised to access; and
ii to the extent necessary for you to use the Cloud Services in accordance with these Terms; and
f neither use the Cloud Services in a manner, nor transmit, input or store any Data, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading.
5.5 You are responsible for procuring all licences, authorisations and consents required for you to use the Cloud Services, including to use, store and input Data into the Cloud Services.
5.6 You must pay the Fees for your use of Access Quest, the Cloud Services and/or the Access Carts in accordance with the Payment Terms.
6 ACCESS CARTS
6.1 This clause 5.6 applies where you have ordered one or more Access Carts (the number of which must be agreed in writing separately between you and us, e.g. in an order via Access Quest or the Cloud Service) and that order has been accepted by us.
6.2 During the term, we will provide you with the agreed Access Carts for your use solely for the Approved Purpose, and otherwise on the terms and conditions of these Terms.
6.3 Title and risk:
a Legal and beneficial ownership (title) to the Access Carts remains with us at all times.
b Risk in the Access Carts passes to you on delivery of the Access Carts to your designated delivery address.
c Risk in the Access Carts passes back to us when the Access Carts have been returned to us and we have accepted delivery.
6.4 You must:
a take proper care of the Access Carts, including maintaining the Access Carts:
i in accordance with the Documentation; and
ii with due care, skill and diligence;
b not remove, deface or obscure, and not allow any other person to remove, deface or obscure, any marks of identification or ownership or registration on the Access Carts;
c not allow the Access Carts to become subject to any security, encumbrance or lien of any kind;
d obtain all permits, permissions, licences and consents required in your jurisdiction to operate an Access Cart;
e comply fully with all laws relating to the operation of the Access Cart, including pedestrian safety, road-use and surveillance laws;
f not service or repair the Access Carts, except as specified in the Documentation; and
g immediately notify us of any loss, theft or damage to the Access Carts. You acknowledge and agree that you are liable for any loss, theft or damage to the Access Carts, however caused.
6.5 If, during the warranty period described in clause 10.2, an Access Cart requires servicing or repair due to a breach of warranty, we will, subject to clause 6.6, service, repair or replace the Access Cart. A replacement may be either a new or refurbished Access Cart. Where we are unable to repair or replace an Access Cart that is in breach of warranty within a reasonable period of time, we will refund you the price paid for the Access Cart;
6.6 We have no obligation to service, repair or replace an Access Cart where the serial number has been removed or defaced, or where the Access Cart has become defective due to:
a accident, misuse or abuse;
b damage caused by dirt, water, liquid, impact or other external causes;
c servicing or repair of the Access Cart other than in accordance with the Documentation;
d modification of the Access Cart by anyone other than us;
e use with parts not manufactured or sold by us; or
f use of the Access Cart in a manner:
i other than in accordance with the Documentation; or
ii contrary to law or these Terms.
6.7 If you seek inspection, servicing, repair and/or replacement of an Access Cart where there is no legitimate claim under clause 6.5, then we may charge you for that inspection, servicing, repair and/or replacement.
6.8 Without limiting our rights at law, you agree that we (or our agent) may to enter onto the premises at which an Access Cart is located at any reasonable time to:
a inspect, service or repair the Access Cart; and/or
b where you are in breach of these Terms (including failing to make any payment when due), to repossess the Access Cart,
and you must provide us (or our agent) reasonable and safe access for these purposes.
6.9 You acknowledge and agree that the Access Cart is not a medical device or a mobility aid.
6.10 We may recall or remotely disable the Access Cart at any time if we consider there is an urgent safety, privacy or legal risk relating to your use of the Access Cart. You must comply with our recall notice.
6.11 If you end your lease or subscription to an Access Cart prior to the end of these Terms, clause 12.4b applies with all necessary modification.
7 DATA
7.1 You:
a grant us an exclusive, perpetual, irrevocable and royalty-free licence to use, copy, reproduce, modify, develop, enhance, distribute, sublicence, commercialise and otherwise deal with the Navigation Data you upload onto or make available on Access Quest and the Cloud Services for any of our purposes, including to make available that data to other users of Access Quest and the Cloud Services;
b warrant that:
i you have full right and title to grant the licence set out in clause 7.1a; and
ii our use of that data in accordance with clause 7.1a will not breach any third party’s rights, including intellectual property rights or privacy rights, or any law.
7.2 You acknowledge that:
a we may require access to the Data to exercise our rights (including under clause 7.1a) and perform our obligations under these Terms; and
b to the extent that this is necessary, we may authorise a member or members of our personnel to access the Data for this purpose.
7.3 You must arrange all consents and approvals that are necessary for us to access the Data as described in clause 7.2.
7.4 You acknowledge and agree that:
a we may:
i use Data and information about your use of Access Quest, the Cloud Services, and the Access Carts to generate anonymised and aggregated statistical and analytical data (Analytical Data); and
ii use Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights; and
iii supply Analytical Data to third parties; and
b title to, and all Intellectual Property Rights in, Analytical Data is and remains our property.
7.5 You acknowledge and agree that to the extent Data contains personal information, in collecting, holding and processing that information through Access Quest and the Cloud Services, we are acting as your agent for the purposes of the Privacy Act 2020 and any other applicable privacy law. You must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process that information in accordance with these Terms. You must not use Access Quest to record personal information of an individual who has not provided that consent.
7.6 While we will take standard industry measures to back up all Data stored using the Cloud Services, we are not responsible or liable for Data loss. Given this, we recommend you keep a separate copy of all Data uploaded by you onto Access Quest and the Cloud Services.
7.7 You agree that we may store Data (including any personal information) in secure servers in Australia and the United States of America and may access that Data (including any personal information) in Australia and the United States of America and New Zealand from time to time.
7.8 Both you and we agree to comply with our respective obligations in the Smart Access Privacy Policy, as that policy us updated from time to time in accordance with its terms.
8 INTELLECTUAL PROPERTY
8.1 Subject to clause 8.2, title to, and all Intellectual Property Rights in, Access Quest, the Cloud Services (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), the Access Carts, and all Underlying Systems is and remains our (and our licensors’) property. You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
8.2 Subject to clause 7.1a, title to, and all Intellectual Property Rights in, the Data (as between the parties) remains your property.
8.3 If you provide us with ideas, comments or suggestions relating to Access Quest, the Cloud Services, and Access Carts (together feedback):
a all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
b we may use or disclose the feedback for any purpose.
9 IOS APPS
9.1 Where you download, install or use the iOS version of Access Quest this clause 9 applies.
9.2 We and you acknowledge that:
a these Terms are between us and you, and not Apple Inc. and its subsidiaries (Apple);
b to the maximum extent permitted by law, Apple has no responsibility or liability for any matter relating to Access Quest or the content made available to you through using Access Quest, including:
i your use or possession of Access Quest or the content made available to you through using Access Quest; and
ii the provision of any maintenance or support services for Access Quest;
c Apple has no warranty obligation whatsoever with respect to Access Quest and no responsibility to address any claims you may have relating to Access Quest or your possession and/or use of Access Quest, including:
i product liability claims;
ii any claim that Access Quest fails to conform to any applicable legal or regulatory requirement; and
iii claims arising under consumer protection, privacy, or similar legislation.
9.3 Without limiting clause 9.2, in the event of any failure of Access Quest to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the iOS version of Access Quest.
9.4 You must comply with applicable third party terms when using Access Quest (e.g. your wireless data service agreement).
9.5 You acknowledge and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.
9.6 We and you agree that Apple is a third party beneficiary of these Terms and that Apple has the right to enforce these Terms against you as a third party beneficiary.
10 WARRANTIES AND DISCLAIMERS
10.1 Each party warrants that it has full power and authority to enter into, and perform its obligations under, these Terms.
10.2 For 3 months from the delivery date of an Access Cart, we warrant that the Access Cart will be free from material defects in workmanship and design.
10.3 We obtain Navigation Data from a range of sources, including you, other users and third parties. The Navigation Data is made available on Access Quest and the Cloud Services as general guidance, in good faith, and on an “as is” and “as available” basis. Any reliance that you place on, any decision you base on, and/or or your use of, the Navigation Data is at your own risk. Without limit, you should not rely on Navigation Data if that reliance is inconsistent with good judgement or common sense. We do not independently check the Navigation Data to ensure it is correct, accurate, complete, current, or suitable for use or purpose.
10.4 To the maximum extent permitted by law, we:
a disclaim all warranties, conditions, and/or representations relating to the Navigation Data, including as to its accuracy, completeness, currency, usefulness, quality, or suitability. You agree that we have no responsibility or liability for the Navigation Data (or for any error or omission in that data) or for how you use the Navigation Data; and
b do not promise that the Navigation Data, Access Quest, the Cloud Services, or any Access Cart will:
i meet your requirements or be suitable for a particular purpose;
ii complete or accurate;
iii be secure, free of viruses or other harmful code, uninterrupted or error free; and/or
iv audited or independently verified.
10.5 The absence of Navigation Data for an area does not mean that the area contains no hazards or other issues. It may mean that no Navigation Data has been uploaded for that area.
10.6 To the maximum extent permitted by law, our warranties are limited to those set out in these Terms, and all other conditions, guarantees or warranties whether expressed or implied by statute or otherwise (including under applicable consumer legislation) are expressly excluded. To the extent that they cannot be excluded, liability for them is limited to NZD100.00.
10.7 Without limiting the remainder of this clause 10, Access Quest is intended to work on a device that is mounted on an Access Cart. While you can use Access Quest on other mobility instruments (e.g. a bike or wheelchair), the accuracy and/or effectiveness of Access Quest may be reduced.
11 LIABILITY
11.1 To the maximum extent permitted by law:
a your access to and use of Access Quest and the Cloud Services, and your lease of the Access Carts, is at your own risk; and
b we are not liable or responsible to you or any other person for any claim, damage, loss, liability and cost under or in connection with:
i the Terms, Access Quest, the Cloud Services, and the Access Carts, or your access and use of (or inability to access or use) Access Quest, the Cloud Services, and the Access Carts. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise; and/or
ii Access Quest, the Cloud Services or the Access Carts being unavailable or performing slowly.
11.2 To the extent that clause 11.1 does not apply, our maximum aggregate liability under or in connection with these Terms or relating to Access Quest, the Cloud Services, and the Access Carts, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not in any Year exceed the Fees you paid in the previous Year for Access Carts. The cap in this clause includes the cap set out in clause 10.6.
11.3 We are not liable to you under or in connection with these Terms or relating to Access Quest, the Cloud Services, and the Access Carts for any:
a loss of profit, revenue, savings, business, use, data (including Data), and/or goodwill; or
b consequential, indirect, incidental or special damage or loss of any kind.
11.4 Neither party will be responsible, liable, or held to be in breach of these Terms for any failure to perform its obligations under these Terms or otherwise, to the extent that the failure is caused by the other party failing to comply with its obligations under these Terms, or by the negligence or misconduct of the other party or its personnel.
11.5 Each party must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with these Terms or Access Quest, the Cloud Services, and Access Carts.
12 TERM, TERMINATION AND SUSPENSION
12.1 Unless terminated under clause 2.2 or this clause 12, these Terms and your right to access and use Access Quest, the Cloud Services, and any Access Cart:
a starts on the Start Date; and
b continues until a party gives at least 30 days’ notice that these Terms and your access to and use of Access Quest, the Cloud Services, and any Access Cart, will terminate on the expiry of that notice.
12.2 Either party may, by notice to the other party, immediately terminate these Terms and your right to access and use Access Quest, the Cloud Services, and any Access Cart, if the other party:
a breaches any provision of these Terms and the breach is not:
i remedied within 5 days of the receipt of a notice from the first party requiring it to remedy the breach; or
ii capable of being remedied; or
b becomes insolvent, liquidated or bankrupt, has an administrator, receiver, liquidator, statutory manager, mortgagee’s or chargee’s agent appointed, becomes subject to any form of insolvency action or external administration, or ceases to continue business for any reason.
12.3 Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
12.4 On termination of these Terms, you must:
a pay all Fees (if any) for the provision of Access Quest, the Cloud Services, and any Access Cart prior to that termination; and
b for any Access Cart supplied to you under clause 5.6:
i immediately return to us, at the location advised by us and at your expense, the Access Cart in good working order and repair (normal wear and tear excepted), or make the Access Cart available for collection by us at your reasonable expense; and
ii pay the cost of repair or replacement of any damaged Access Cart or any Access Cart not returned to us; and
iii where you do not comply with clause 12.4bi, authorise us, without notice or demand, to enter any location where we believe the Access Cart is located and take possession of the Access Cart.
12.5 No compensation is payable by us to you as a result of termination of these Terms for whatever reason, and you will not be entitled to a refund of any Fees that you have already paid.
12.6 Without limiting any other right or remedy available to us, we may immediately and without notice restrict or suspend your access to and use of Access Quest, the Cloud Services, and any Access Cart, and/or delete, edit or remove the relevant Data if we consider that you have:
a undermined, or attempted to undermine, the security or integrity of Access Quest, the Cloud Services, any Access Cart, or any Underlying Systems;
b used, or attempted to use, Access Quest, the Cloud Services, or any Access Cart:
i for improper purposes; or
ii in a manner, other than for normal operational purposes, that materially reduces operational performance;
c transmitted, inputted or stored any Data that breaches or may breach these Terms or any third party right (including Intellectual Property Rights and privacy rights), or that is or may be Objectionable, incorrect or misleading; or
d otherwise breached these Terms.
12.7 If we exercise our restriction or suspension right under clause 12.6, or these Terms are terminated, you must immediately cease using Access Quest, the Cloud Services, and any Access Cart, and must not attempt to gain further access.
13 GENERAL
13.1 We are not liable to you for any failure to perform our obligations under these Terms to the extent caused by Force Majeure.
13.2 Subject to clause 9.6, no person other than you and us has any right to a benefit under, or to enforce, these Terms.
13.3 For us to waive a right under these Terms, that waiver must be in writing and signed by us.
13.4 Subject to clause 7.5, we are your independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.
13.5 If we need to contact you, we may do so by email, via the Cloud Services, or by posting a notice on the Website or through Access Quest. You agree that this satisfies all legal requirements in relation to written communications. You may give notice to us under or in connection with these Terms by emailing support@smartaccess.enterprises.
13.6 These Terms, and any dispute relating to these Terms, Access Quest, the Cloud Services, or an Access Cart, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms, Access Quest, the Cloud Services, or an Access Cart.
13.7 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 6.8, 6.11, 7.1, 7.2, 7.3, 7.4, 8, 9, 10, 11, 12.3, 12.4, 12.5, 13.2, 13.6, and 13.7, continue in force.
13.8 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on both parties.
13.9 You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.
13.10 These Terms set out everything agreed by the parties relating to Access Quest, the Cloud Services, and any Access Cart, and supersede and cancel anything discussed, exchanged or agreed prior to the Start Date. The parties have not relied on any representation, warranty or agreement relating to Access Quest, the Cloud Services and any Access Cart that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date. Without limiting the previous sentence, the parties agree to contract out of sections 9, 12A and 13 of the Fair Trading Act 1986, and that it is fair and reasonable that the parties are bound by this clause 13.10.