Website, Mobile App & Digital Terms of Use

These Terms of Use govern your access to and use of all Moneyfit.me owned and operated digital platforms including our MoneyFit branded websites, mobile applications and APIs made available by Moneyfit.me for use, (collectively our platforms).
These Terms of Use govern your access to and use of all Moneyfit.me owned and operated digital platforms including our MoneyFit branded websites, mobile applications and APIs made available by Moneyfit.me for use, (collectively our platforms).

By using any of our platforms you agree to these Terms of Use and our Privacy Policy.

Last updated: 26th November 2020.
 
  1. Definitions
    In these terms of use, unless the context otherwise requires:
    1. MF means Moneyfit.me Limited and MoneyFit, 'we', 'our' and 'us' have corresponding meanings.
    2. Services means services available online through our platforms including linked coaching services.
    3. Fee means any fee payable for the charged Services as recorded in the schedule of fees for the relevant charged service on this website.
    4. Mobile application, mobile app or app means any software application developed for use on wireless computing devices and owned and operated by MF, including any updates to it which are made available by MF from time to time.
    5. You means the person accessing or using the platform or service, and your has a corresponding meaning.
       
  2. Description of Services
    The Services comprise personal finance information management services that allow you to consolidate and track your financial information. Based on such information, the Services may also present information relating to third party products or services. The Services are provided to you by MF as an aid to assist you in organising and managing your finances. It is not intended to provide legal, tax or financial advice
     
  3. Additional terms for particular services offered
    1. You may be required to agree to additional terms and conditions for particular Services which we may make available to you from time to time through our platforms prior to being able to use those particular Services. Any such additional terms and conditions are to be read in conjunction with these terms of use.
    2. To the extent of any inconsistency between these terms of use and any additional terms and conditions for particular Services, the additional terms and conditions will prevail in relation to the particular Services.From time to time, Services may be changed, or your access rights, or the terms and conditions which you have entered into in relation to any particular service, or the online service payment terms, may be changed by MF. 
    3. When this has occurred you may be asked to accept updated terms and conditions on your next use of that service or the online service payment process. If you do not accept any updated terms and conditions, you will not be able to access the particular service.
       
  4. Security
    1. If you register for Services or access through our platforms and are issued with a username and password, you will be responsible for all use of the Services through use of your username and password. You are responsible for keeping your password secure and secret.
    2. The password you select should not relate to any readily accessible data such as your name, birth date, address and telephone number, driver's licence or passport. Neither should it be an obvious combination of letters and numbers such as sequential or the same numbers. If you believe an unauthorised person knows your password, you must notify us immediately and change your password as soon as possible.
       
  5. Payment Terms
    1. You warrant that you have the appropriate authority and power to validly accept these online service payment terms and any charged service terms and conditions applicable to the charged Services which you request through our platforms.
    2. You agree that you are able to, and will, meet your obligations in relation to these online service payment terms and the relevant charged service terms and conditions promptly and in accordance with any relevant laws.
    3. You acknowledge that your subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period.
    4. If you are using a credit or debit card, you represent and warrant that the credit or debit card is issued in your name and you will pay all charges incurred through the charged Services.
    5. You will pay all fees payable for a charged service at the time your request or application for a charged service is accepted by MF. MF reserves the right to amend any fees from time to time and to adjust any fees recorded on the platform for a charged service if the price recorded is incorrect. All fees are in New Zealand dollars and are inclusive of GST (being tax levied in accordance with the Goods and Services Tax Act 1985 and includes tax levied in substitution for such tax). You will pay all other applicable taxes, import duties, levies or tariffs which may be payable (if any).
    6. Payments made by means of the online service payment process is through a secure website. However, you acknowledge and agree that internet transmissions are never entirely secure or private and that any message or information you provide through the website (including credit card information) may be read or intercepted by others. MF will not have any liability for the interception, 'hacking' or other unauthorised access of information through the website by unauthorised third parties.
       
  6. Intellectual property
    1. Your use of our platforms must not infringe the intellectual property rights of any person.
    2. All copyright and other intellectual property rights in our platforms (including their “look and feel” and functionality and all associated content) is owned by MF and/or our licensors. Any distribution, reprint or electronic reproduction of any content from our platforms in whole or in part for any other purpose is expressly prohibited without our prior consent.
       
  7. Use of MoneyFit Platform
    1. You must provide your own internet access and device in order to download, install and/or use the platforms. You are responsible for all internet access, data download and other network charges arising from your downloading, installation or use of the platforms (including any global roaming charges where you use an app overseas) and you acknowledge and agree that MF has no responsibility or liability for those charges.
    2. When using a platform, you may be asked to grant the platform certain permissions and access. If you do not grant these permissions and access, you may be unable to use the platform or some of its features.
    3. Access to and use of our platforms is not guaranteed and may be restricted or blocked without prior notice for maintenance, operational or technical reasons.
    4. You may only access and use our platforms to use our Services for your personal and domestic purposes and to transact lawful and authorised business with us and for no other purpose. You agree you must not use a platform (or attempt to use it) in the following manner:
      1. For any unlawful or dishonest activity;
      2. To access, transmit, publish or communicate material which is defamatory, offensive, unsuitable for minors, abusive, indecent, menacing, or otherwise unlawful, or which contains a virus or other harmful code;
      3. To obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
      4. To transmit, publish or communicate bulk and/or unsolicited messages; or
      5. In any way that may cause MF, its suppliers or other users of the app to incur liability to a third party.
    5. We reserve the right to prohibit links to our platforms and you agree to remove or cease any link upon our request. You may not frame any part of the material on our platforms by including advertising or other revenue generating material.
    6. From time to time we may provide automatic alerts and voluntary account-related alerts, in which case:
      1. Automatic alerts may be sent to you following certain changes made online to your account, such as a change in your registration Information;
      2. Voluntary account alerts may be turned on by default as part of the Service and may then be customised, deactivated or reactivated by you (provided core account alerts such as subscription plan changes and password resets are not able to be deactivated).
      3. You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. We do our best to provide alerts in a timely manner with accurate information, however we cannot guarantee the delivery nor the accuracy of the content of any alert and we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
      4. You acknowledge that these terms of use only bind you and MF and that MF is solely responsible for the MoneyFit applications and the provision of the platform Services (to the exclusion of Apple if you are an iOS device user or the applicable device provider for Android or other devices).
         
  8. Liability
    1. If the Consumer Guarantees Act 1993 applies to these Terms of Use, nothing in these Terms of Use limits your rights under that Act. If you acquire any goods or services from us for the purposes of a business, the Consumer Guarantees Act 1993 does not apply.
    2. The information provided on our platforms are for general guidance only. Users of the information contained on our platforms must make their own assessment of the suitability and appropriateness of the information or Services described for their particular use and conditions.
    3. Accessing our platforms, using our transaction processing Services, and the downloading of any material is done entirely at the user's own risk. The availability of information on our platforms does not constitute a recommendation by MF or any other person. If you enter into any transaction subsequent to accessing a platform, you do so entirely in reliance on your own judgement and inquiries and not in reliance on any statements, warranties or representations made to you or to any other person by or on behalf of MF.
    4. To the fullest extent permitted by law:
      1. All warranties, representations and warranties (whether express, implied or statutory) are excluded, including without limit, suitability, satisfactory quality, fitness for purpose, compatibility, non- infringement, accuracy, security or completeness of a platform or the content on, or accessed through it; and
      2. MF will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of a platform or the content on, or accessed through a platform.
    5. The exclusions and limits set out in these terms of use will also operate for the benefit of MF’s relevant suppliers, licensors and agents which MF use to provide its platforms.
    6. Although we have endeavoured to ensure the content on its platforms is current, accurate and complete, we do not warrant that such content will be current, accurate or complete when you access it. We will take action to correct any error or inaccuracy which is brought to our attention.
    7. Our liability to your is limited to the fees paid by you during the period of any alleged breach.
       
  9. Not a Financial Planner, Broker or Tax Advisor
    Neither MF nor the Services are intended to provide legal, tax or financial advice. MF is not a financial planner, broker or tax advisor. The Services are intended only to assist you in your financial organisation and decision- making and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
     
  10. Third party Services and Advertising
    Our platforms may contain links to third party websites not owned by MF and/or advertising not related to MF. If you visit a linked website or contact an advertiser, that dealing will be solely between you and that other website or advertiser at your own risk. Those websites, any product or service being advertised (as applicable) or any association with their operators, have not been prepared by and are not controlled by MF and such links are provided for your convenience only, and do not imply that MF checks, endorses, approves, investigates or agrees with third party websites this website links to. To the fullest extent permitted by law, MF disclaims any and all liability in respect of use of any third party websites this website links to, unless this is specifically stated on this website.
     
  11. Our Rights to Use Your Information
    By submitting information, data, passwords, usernames, log-in information and other content to MoneyFit through the platforms, you are licensing that content to MF solely for the purpose of providing the Services. MF may use and store the content for that purpose. By submitting this content to MF, you represent that you are entitled to submit it to MF for use for this purpose, without any other limitations. Our Customer Privacy Policy governs our use of any personal information you provide during your use of our platforms. For more information please see our Privacy Policy.
     
  12. Your content
    1. You are solely responsible for the accuracy and efficacy of any content you provide to MoneyFit. You may not enter or upload to MoneyFit or synchronise with it any unlawful content or content that infringes copyright or any other third-party rights. You must not upload any content describing or depicting violence or content which is pornographic, discriminatory, racist, defamatory or otherwise illegal.
    2. We do not review the user content but reserve the right to remove or disable access to any user content for any reason.
    3. You are solely responsible for backing up the content you enter or upload to MoneyFit or synchronize with it.
       
  13. Compliance with law
    You agree that you will at all times comply fully with all relevant laws, rules, regulations and orders of all relevant regulatory bodies in relation to any of the information or Services made available to you through our platforms.
     
  14. Jurisdiction and governing law
    Our platforms have been prepared in accordance with the requirements of New Zealand law. These terms of use and any matters or disputes connected with this website or any MoneyFit mobile application will be exclusively governed by New Zealand Laws and will be dealt with by New Zealand courts.
     
  15. Termination
    1. You may terminate your use of any of the Services, or access to any part of the platforms for which registration is required (including the online service payment process), by requesting that MF delete your username and password for the relevant Service or part of this website. If you terminate (other than for our breach) by giving less than one month’s notice or, where you have committed to coaching, prior to payment for at least 3 monthly coaching sessions, you will remain liable to pay the fees for the remainder of the minimum notice period and any of the minimum 3 coaching sessions which remain unpaid (as applicable).
    2. We may restrict or block your access to and use of our platforms or the Services at any time if we reasonably believe that you may have breached any provision in these terms of use. We will have no liability for any loss you may suffer arising from termination.
    3. Any termination of your right to use any of the platforms, will not affect any rights or obligations which have accrued by either you or MF prior to termination.
       
  16. Amendments
    1. MF may at any time and without notice, remove, amend and/or vary any of the content which appears on a platform, or cease operating the platform and any related Services in whole or in part.
    2. We may also amend these terms of use from time to time so you should check and read these terms of use regularly. By continuing to use ta platform after any such amendment, you are deemed to have agreed to that amendment.
       
  17. Eligibility
    If you are less than 18 years of age, you must have your parent or legal guardian's permission to accept the Terms and use MoneyFit.
     
  18. Complaints or queries
    Any questions, complaints or claims concerning MoneyFit or the Services should be directed to: contact@moneyfit.me