T&C's
Terms of Use
Updated: 15th April 2024
TERMS OF USE
APPLICATION OF TERMS
These Terms apply to your use of the Service (as that term is defined below). By setting up an account or accessing and using the Service:
(a) you agree to these Terms; and
(b) where your access and use is on behalf of another person (e.g. a company), 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.
If you do not agree to these Terms, you are not authorised to access and use the Service, and you must immediately stop doing so.
CHANGES
We may change these Terms at any time by notifying you of the change by email or by posting a notice in the Software; and 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.
If a change to these Terms is detrimental to you, you may terminate these Terms and your right to access and use the Service on no less than 10 days' notice, provided the notice is received by us before the date that the change takes effect.
If you give notice under this clause, the previous version of the Terms will apply to your access to and use of the Service during the notice period. If you do not exercise your termination right under this clause, and you continue to access and use the Service from the date on which the Terms are changed, you agree to be bound by the changed Terms
INTERPRETATION
In these Terms:
Confidential Information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Service. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the Software. Your Confidential Information includes the Data.
Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the Service.
Fees means the applicable fees set out on the Software pricing page or as agreed otherwise in writing between you and us, as may be updated from time to time.
Force Majeure means an event that is beyond the reasonable control of a party, excluding:an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; ora lack of funds for any reason.
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 trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
a party includes that party’s permitted assigns.
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.
personnel includes officers, employees, contractors and agents, but a reference to your personnel does not include us.
Service means the service provided in connection with the Software (the core functionality of which may be described on the Website), and as such Software may be updated from time to time.
Software means the software owned by us (and our licensors) that is used to provide the Service (including, without limitation, the Website, our web application and mobile applications).
Start Date means the date that you first set up an account or first access or use the Service.
Terms means these terms of use.
Underlying Systems means the Software, IT solutions, systems and networks (including software and hardware) used to provide the Service, including any third party solutions, systems and networks.
We, us or our means BudgetBuddie Limited (a New Zealand registered company with company number 8498195).
Website means the internet site at budgetbuddie.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,, both you and the other person on whose behalf you are acting.Words in the singular include the plural and vice versa.A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
PROVISION OF THE SERVICE
We must use reasonable efforts to provide the Service:
(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.
Our provision of the Service to you is non-exclusive. Nothing in these Terms prevents us from providing the Service to any other person.
We must use reasonable efforts to ensure the Service is available between the hours of 7am to 10pm in New Zealand. However, it is possible that on occasion the Service 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 in the Software and/or notify you by email advance details of any unavailability.
Through the use of web services and APIs, the Service 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.
YOUR OBLIGATIONS
You and your personnel must use the Service in accordance with these Terms solely for:
(a) your own personal use to inform your approach to personal financing, and not use the Service for any other or business purposes; and
(b) lawful purposes (including complying with the Unsolicited Electronic Messages Act 2007); and
You must not resell or make available the Service to any third party, or otherwise commercially exploit the Service; You must not live in the European Union or the United Kingdom; You must not be a direct or indirect competitor of ours; and You must not attempt to decipher, decompile, disassemble, or reverse-engineer any of the Software or the Service.
When accessing the Service, you and your personnel 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 Service in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Service;
(e) not attempt to view, access or copy any material or data other than:• that which you are authorised to access; and
• to the extent necessary for you to use the Service in accordance with these Terms;
(f) neither use the Service 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;
(g) ensure all information and Data provided by you is true and accurate and is maintained so that it remains true and accurate;
(h) accept that the Service is intended solely for people living in New Zealand and not overseas and is governed by the laws of New Zealand only (including New Zealand privacy laws only); and
(i) access the Service personally and manually and not through automated, non-human or non-manual means.
A breach of any of these Terms by your personnel is deemed to be a breach of these Terms by you.
You are responsible for procuring all licences, authorisations and consents required for you and your personnel to use the Service, including to use, store and input Data into, and process and distribute Data through, the Service.
DATA
You acknowledge that:
(a) we may require access to the Data to exercise our rights and perform our obligations under these Terms;
(b) to the extent that this is necessary, we may authorise our personnel to access the Data for this purpose; and
(c) you accept our privacy policy available via the Software.
You must arrange all consents and approvals that are necessary for us to access the Data.
You acknowledge and agree that:
(a) we may: use Data and information about your, and any of your personnel’s use, of the Service to generate anonymised and aggregated statistical and analytical data (Analytical Data); anduse Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights; asupply Analytical Data to third parties.(b) our rights under the clauses above will survive termination or expiry of these Terms; and
(c) title to, and all Intellectual Property Rights in, Analytical Data is and remains our property.
You acknowledge and agree that to the extent Data contains personal information, in collecting, holding and processing that information through the Service, 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.
While we will take standard industry measures to back up all Data stored using the Service, you agree to keep a separate back-up copy of all Data uploaded by you onto the Service.
You agree that we may store Data (including any personal information) in secure servers in New Zealand and in Australia and/or the U.S.A and may access that Data (including any personal information) in Australia and/or the U.S.A.
You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any:
(a) actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is Objectionable, incorrect or misleading; and
(b) any breach by you or your personnel of these Terms.
FEES
You must pay us the Fees in advance.
We will provide you with valid GST tax invoices on a monthly or annual basis (determined by your subscription plan) once your payment is processed.
The Fees include GST, which you must pay on taxable supplies.
You must pay the Fees:
(a) in accordance with the payment terms set out on our pricing page in the Software; and
(b) electronically in cleared funds without any set-off or deduction.
We may increase the Fees by giving at least 30 days’ notice. If you do not wish to pay the increased Fees, you may terminate these Terms and your right to access and use the Service on no less than 10 days’ notice, provided the notice is received by us before the effective date of the Fee increase. If you do not terminate these Terms and your right to access and use the Service in accordance with this clause, you are deemed to have accepted the increased Fees.
We may correct any errors or mistakes in our Fees.
BILLING, CANCELLATION & REFUNDS
You can cancel your subscription at any time by logging in to manage your account on the site or contacting us using the contact information provided below. Your cancellation will take effect immediately.
Cancellations are prorated, which means any remaining period on your plan that hasn't been used will be provided as a credit to you. This credit will be held in Stripe, if you wish to have this credit refunded back to your original payment method please contact us at hello@budgetbuddie.co.nz.
If you upgrade from our free trial to a paid plan, you will be charged the same day for the billing period selected (Monthly or Annual).
If you upgrade or downgrade from one paid plan to another paid plan, you will be provided with a prorated credit for the remaining unused time on your existing plan. Then you will be charged for the remaining time in the billing period for your new plan. For example, if you upgrade from a $10 per month subscription to a $20 option, you're charged prorated amounts for the time spent on each option.
FREE TRIAL
We offer a 14-day free trial to new users who register with us. Your free trial starts once you have completed sign up, our free trial plan does not require any payment details. You will be notified 3 days before you free trial is going to expire and then when it has expired, unless you have upgraded your plan within the 14 day trial period.
All paid plans include a 14 day free trial upon sign up, you will not be charged until your free trial has expired.
INTELLECTUAL PROPERTY
Title to, and all Intellectual Property Rights in, the Service, the Software, and all Underlying Systems is and remains our property (and our licensors’ property). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
Title to, and all Intellectual Property Rights in, the Data (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.
To the extent not owned by us, you grant us a royalty-free, transferable, irrevocable and perpetual licence to use for our own business purposes any know-how, techniques, ideas, methodologies, and similar Intellectual Property used by us in the provision of the Service.
If you provide us with ideas, comments or suggestions relating to the Service or Underlying Systems (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.
You acknowledge that the Service may link to third party websites, applications or feeds that are connected or relevant to the Service. Any link from the Service does not imply that we endorse, approve or recommend, or have responsibility for, those websites, applications or feeds or their content or operators. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites, applications or feeds.
CONFIDENTIALITY
Each party must, unless it has the prior written consent of the other party:
(a) keep confidential at all times the Confidential Information of the other party;
(b) effect and maintain adequate security measures to safeguard the other party’s Confidential Information from unauthorised access or use; and
(c) disclose the other party’s Confidential Information to its personnel or professional advisors on a need to know basis only and, in that case, ensure that any personnel or professional advisor to whom it discloses the other party’s Confidential Information is aware of and complies with, the above points a & b.
The obligation of confidentiality in the above clause does not apply to any disclosure or use of Confidential Information:
(a) for the purpose of performing a party’s obligations, or exercising a party’s rights, under these Terms;
(b) required by law (including under the rules of any stock exchange);
(c) which is publicly available through no fault of the recipient of the Confidential Information or its personnel;
(d) which was rightfully received by a party from a third party without restriction and without breach of any obligation of confidentiality; or
(e) by us if required as part of a bona fide sale of our business (assets or shares, whether in whole or in part) to a third party, provided that we enter into a confidentiality agreement with the third party on terms no less restrictive than this clause.
WARRANTIES
Each party warrants that it has full power and authority to enter into, and perform its obligations under, these Terms.
To the maximum extent permitted by law:
(a) 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 any warranty under Part 3 of the Contract and Commercial Law Act 2017) are expressly excluded (to the maximum extent permitted by law) and, to the extent that they cannot be excluded, liability for them is limited to $100; and
(b) we make no representation concerning the quality of the Service and do not promise that the Service will: meet your requirements or be suitable for a particular purpose; or be secure, free of viruses or other harmful code, uninterrupted or error-free.
Notwithstanding anything in these Terms, where legislation or rule of law implies into these Terms a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed to be included in these Terms. However, our liability for any breach of that condition or warranty is limited, at our option, to:
(a) supplying the Service again; and/or
(b) paying the costs of having the Service supplied again.
LIABILITY
Our maximum aggregate liability under or in connection with these Terms or relating to the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not in any Year exceed an amount equal to the Fees paid by you relating to the Service in the previous Year (which in the first Year is deemed to be the total Fees paid by you from the Start Date to the date of the first event giving rise to liability. The cap in this clause includes the cap set out in the WARRANTIES clause.
Neither party is liable to the other under or in connection with these Terms or the Service 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.
This clause does not apply to limit our liability under or in connection with these Terms for:
(a) personal injury or death;
(b) fraud or wilful misconduct; or
(c) a breach of the confidentiality clause.
This clause does not apply to limit your liability:
(a) to pay the Fees;
(b) under the indemnity in the DATA clause.
(c) for those matters stated in the above clause.
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.
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 the Service.
TERM, TERMINATION AND SUSPENSION
Unless terminated under this clause, these Terms and your right to access and use the Service:
(a) starts on the Start Date; and
(b) continues (subject to the below clause) until a party gives at least 30 days’ notice that these Terms and your access to and use of the Service will terminate on the expiry of that notice.
Subject to the CHANGES clause, if the subscription option you have selected includes a minimum initial term, the earliest date for termination under this clause will be the expiry of that initial term.
Either party may, by notice to the other party, immediately terminate these Terms and your right to access and use the Service if the other party:
(a) breaches any material provision of these Terms and the breach is not: remedied within 10 days of the receipt of a notice from the first party requiring it to remedy the breach; or 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.
You may terminate these Terms and your right to access and use the Service in accordance with the CHANGES clause.
Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.On termination of these Terms, you must pay all Fees for the provision of the Service prior to that termination. 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.
Except to the extent that a party has ongoing rights to use Confidential Information, at the other party’s request following termination of these Terms but subject to this clause, a party must promptly return to the other party or destroy all Confidential Information of the other party that is in the first party’s possession or control.
At any time prior to one month after the date of termination, you may request:
(a) a copy of any Data stored using the Service, provided that you pay our reasonable costs of providing that copy. On receipt of that request, we must provide a copy of the Data in a common electronic form. We do not warrant that the format of the Data will be compatible with any software; and/or
(b) deletion of the Data stored using the Service, in which case we must use reasonable efforts to promptly delete that Data.
To avoid doubt, we are not required to comply with this clause to the extent that you have previously requested deletion of the Data.
Without limiting any other right or remedy available to us, we may restrict or suspend your access to and use of the Service and/or delete, edit or remove the relevant Data if we consider that you or any of your personnel have:
(a) undermined, or attempted to undermine, the security or integrity of the Service or any Underlying Systems;
(b) used, or attempted to use, the Service:for improper purposes; orin a manner, other than for normal operational purposes, that materially reduces the operational performance of the Service;
(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 materially breached these Terms.
REVIEW GUIDELINES
The Software may enable you to post reviews or ratings of the Software. You agree:
(a) to not post anything Objectionable;
(b) to post based only on your personal (and first-hand) experience;
(c) to post only true and accurate information;
(d) we may accept, reject, or remove posts in our sole discretion (but have no obligation to do so);
(e) that posts are not endorsed by us, and do not necessarily represent our opinions;
(f) we do not accept any liability for any posts or for any claims, liabilities, or losses resulting from any posts.
NO FINANCIAL ADVICE
You accept that:
(a) that we are not a financial planner, financial adviser, lawyer or tax advisor and that neither we nor our personnel will provide or be deemed to provide the services of any such persons.
(b) that the Software and the Service is intended only to assist you to manage your own finances and to assist you to make your own decisions, in each case independent of us.
(c) any risk of making any final decisions or implementing any financial strategy, without obtaining independent financial, tax or legal advice.
GENERAL
Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure.
No person other than you and us has any right to a benefit under, or to enforce, these Terms.
For us to waive a right under these Terms, that waiver must be in writing and signed by us.
Subject to the DATA clause, we are your independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.
If we need to contact you, we may do so by email or by posting a notice in the Software. 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 submitting a message at budgetbuddie.com/contact.
These Terms, and any dispute relating to these Terms or the Service, 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 or the Service.
Clauses which, by their nature, are intended to survive termination of these Terms, including clauses under DATA, INTELLECTUAL PROPERTY, CONFIDENTIALITY, LIABILITY, TERM, TERMINATION AND SUSPENSION and GENERAL, continue in force.
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 you.
Subject to the CHANGES clause, any variation to these Terms must be in writing and signed by both parties.
These Terms set out everything agreed by the parties relating to the Service, 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 the Service that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date.
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.
CONTACTING US
If you have any questions about this privacy policy, our privacy practices, or if you would like to request access to, or correction of, your personal information, you can contact us here.
APPLICATION OF TERMS
These Terms apply to your use of the Service (as that term is defined below). By setting up an account or accessing and using the Service:
(a) you agree to these Terms; and
(b) where your access and use is on behalf of another person (e.g. a company), 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.
If you do not agree to these Terms, you are not authorised to access and use the Service, and you must immediately stop doing so.
CHANGES
We may change these Terms at any time by notifying you of the change by email or by posting a notice in the Software; and 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.
If a change to these Terms is detrimental to you, you may terminate these Terms and your right to access and use the Service on no less than 10 days' notice, provided the notice is received by us before the date that the change takes effect.
If you give notice under this clause, the previous version of the Terms will apply to your access to and use of the Service during the notice period. If you do not exercise your termination right under this clause, and you continue to access and use the Service from the date on which the Terms are changed, you agree to be bound by the changed Terms
INTERPRETATION
In these Terms:
Confidential Information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Service. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the Software. Your Confidential Information includes the Data.
Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the Service.
Fees means the applicable fees set out on the Software pricing page or as agreed otherwise in writing between you and us, as may be updated from time to time.
Force Majeure means an event that is beyond the reasonable control of a party, excluding:an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; ora lack of funds for any reason.
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 trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
a party includes that party’s permitted assigns.
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.
personnel includes officers, employees, contractors and agents, but a reference to your personnel does not include us.
Service means the service provided in connection with the Software (the core functionality of which may be described on the Website), and as such Software may be updated from time to time.
Software means the software owned by us (and our licensors) that is used to provide the Service (including, without limitation, the Website, our web application and mobile applications).
Start Date means the date that you first set up an account or first access or use the Service.
Terms means these terms of use.
Underlying Systems means the Software, IT solutions, systems and networks (including software and hardware) used to provide the Service, including any third party solutions, systems and networks.
We, us or our means BudgetBuddie Limited (a New Zealand registered company with company number 8498195).
Website means the internet site at budgetbuddie.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,, both you and the other person on whose behalf you are acting.Words in the singular include the plural and vice versa.A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
PROVISION OF THE SERVICE
We must use reasonable efforts to provide the Service:
(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.
Our provision of the Service to you is non-exclusive. Nothing in these Terms prevents us from providing the Service to any other person.
We must use reasonable efforts to ensure the Service is available between the hours of 7am to 10pm in New Zealand. However, it is possible that on occasion the Service 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 in the Software and/or notify you by email advance details of any unavailability.
Through the use of web services and APIs, the Service 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.
YOUR OBLIGATIONS
You and your personnel must use the Service in accordance with these Terms solely for:
(a) your own personal use to inform your approach to personal financing, and not use the Service for any other or business purposes; and
(b) lawful purposes (including complying with the Unsolicited Electronic Messages Act 2007); and
You must not resell or make available the Service to any third party, or otherwise commercially exploit the Service; You must not live in the European Union or the United Kingdom; You must not be a direct or indirect competitor of ours; and You must not attempt to decipher, decompile, disassemble, or reverse-engineer any of the Software or the Service.
When accessing the Service, you and your personnel 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 Service in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Service;
(e) not attempt to view, access or copy any material or data other than:• that which you are authorised to access; and
• to the extent necessary for you to use the Service in accordance with these Terms;
(f) neither use the Service 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;
(g) ensure all information and Data provided by you is true and accurate and is maintained so that it remains true and accurate;
(h) accept that the Service is intended solely for people living in New Zealand and not overseas and is governed by the laws of New Zealand only (including New Zealand privacy laws only); and
(i) access the Service personally and manually and not through automated, non-human or non-manual means.
A breach of any of these Terms by your personnel is deemed to be a breach of these Terms by you.
You are responsible for procuring all licences, authorisations and consents required for you and your personnel to use the Service, including to use, store and input Data into, and process and distribute Data through, the Service.
DATA
You acknowledge that:
(a) we may require access to the Data to exercise our rights and perform our obligations under these Terms;
(b) to the extent that this is necessary, we may authorise our personnel to access the Data for this purpose; and
(c) you accept our privacy policy available via the Software.
You must arrange all consents and approvals that are necessary for us to access the Data.
You acknowledge and agree that:
(a) we may: use Data and information about your, and any of your personnel’s use, of the Service to generate anonymised and aggregated statistical and analytical data (Analytical Data); anduse Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights; asupply Analytical Data to third parties.(b) our rights under the clauses above will survive termination or expiry of these Terms; and
(c) title to, and all Intellectual Property Rights in, Analytical Data is and remains our property.
You acknowledge and agree that to the extent Data contains personal information, in collecting, holding and processing that information through the Service, 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.
While we will take standard industry measures to back up all Data stored using the Service, you agree to keep a separate back-up copy of all Data uploaded by you onto the Service.
You agree that we may store Data (including any personal information) in secure servers in New Zealand and in Australia and/or the U.S.A and may access that Data (including any personal information) in Australia and/or the U.S.A.
You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any:
(a) actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is Objectionable, incorrect or misleading; and
(b) any breach by you or your personnel of these Terms.
FEES
You must pay us the Fees in advance.
We will provide you with valid GST tax invoices on a monthly or annual basis (determined by your subscription plan) once your payment is processed.
The Fees include GST, which you must pay on taxable supplies.
You must pay the Fees:
(a) in accordance with the payment terms set out on our pricing page in the Software; and
(b) electronically in cleared funds without any set-off or deduction.
We may increase the Fees by giving at least 30 days’ notice. If you do not wish to pay the increased Fees, you may terminate these Terms and your right to access and use the Service on no less than 10 days’ notice, provided the notice is received by us before the effective date of the Fee increase. If you do not terminate these Terms and your right to access and use the Service in accordance with this clause, you are deemed to have accepted the increased Fees.
We may correct any errors or mistakes in our Fees.
BILLING, CANCELLATION & REFUNDS
You can cancel your subscription at any time by logging in to manage your account on the site or contacting us using the contact information provided below. Your cancellation will take effect immediately.
Cancellations are prorated, which means any remaining period on your plan that hasn't been used will be provided as a credit to you. This credit will be held in Stripe, if you wish to have this credit refunded back to your original payment method please contact us at hello@budgetbuddie.co.nz.
If you upgrade from our free trial to a paid plan, you will be charged the same day for the billing period selected (Monthly or Annual).
If you upgrade or downgrade from one paid plan to another paid plan, you will be provided with a prorated credit for the remaining unused time on your existing plan. Then you will be charged for the remaining time in the billing period for your new plan. For example, if you upgrade from a $10 per month subscription to a $20 option, you're charged prorated amounts for the time spent on each option.
FREE TRIAL
We offer a 14-day free trial to new users who register with us. Your free trial starts once you have completed sign up, our free trial plan does not require any payment details. You will be notified 3 days before you free trial is going to expire and then when it has expired, unless you have upgraded your plan within the 14 day trial period.
All paid plans include a 14 day free trial upon sign up, you will not be charged until your free trial has expired.
INTELLECTUAL PROPERTY
Title to, and all Intellectual Property Rights in, the Service, the Software, and all Underlying Systems is and remains our property (and our licensors’ property). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
Title to, and all Intellectual Property Rights in, the Data (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.
To the extent not owned by us, you grant us a royalty-free, transferable, irrevocable and perpetual licence to use for our own business purposes any know-how, techniques, ideas, methodologies, and similar Intellectual Property used by us in the provision of the Service.
If you provide us with ideas, comments or suggestions relating to the Service or Underlying Systems (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.
You acknowledge that the Service may link to third party websites, applications or feeds that are connected or relevant to the Service. Any link from the Service does not imply that we endorse, approve or recommend, or have responsibility for, those websites, applications or feeds or their content or operators. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites, applications or feeds.
CONFIDENTIALITY
Each party must, unless it has the prior written consent of the other party:
(a) keep confidential at all times the Confidential Information of the other party;
(b) effect and maintain adequate security measures to safeguard the other party’s Confidential Information from unauthorised access or use; and
(c) disclose the other party’s Confidential Information to its personnel or professional advisors on a need to know basis only and, in that case, ensure that any personnel or professional advisor to whom it discloses the other party’s Confidential Information is aware of and complies with, the above points a & b.
The obligation of confidentiality in the above clause does not apply to any disclosure or use of Confidential Information:
(a) for the purpose of performing a party’s obligations, or exercising a party’s rights, under these Terms;
(b) required by law (including under the rules of any stock exchange);
(c) which is publicly available through no fault of the recipient of the Confidential Information or its personnel;
(d) which was rightfully received by a party from a third party without restriction and without breach of any obligation of confidentiality; or
(e) by us if required as part of a bona fide sale of our business (assets or shares, whether in whole or in part) to a third party, provided that we enter into a confidentiality agreement with the third party on terms no less restrictive than this clause.
WARRANTIES
Each party warrants that it has full power and authority to enter into, and perform its obligations under, these Terms.
To the maximum extent permitted by law:
(a) 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 any warranty under Part 3 of the Contract and Commercial Law Act 2017) are expressly excluded (to the maximum extent permitted by law) and, to the extent that they cannot be excluded, liability for them is limited to $100; and
(b) we make no representation concerning the quality of the Service and do not promise that the Service will: meet your requirements or be suitable for a particular purpose; or be secure, free of viruses or other harmful code, uninterrupted or error-free.
Notwithstanding anything in these Terms, where legislation or rule of law implies into these Terms a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed to be included in these Terms. However, our liability for any breach of that condition or warranty is limited, at our option, to:
(a) supplying the Service again; and/or
(b) paying the costs of having the Service supplied again.
LIABILITY
Our maximum aggregate liability under or in connection with these Terms or relating to the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not in any Year exceed an amount equal to the Fees paid by you relating to the Service in the previous Year (which in the first Year is deemed to be the total Fees paid by you from the Start Date to the date of the first event giving rise to liability. The cap in this clause includes the cap set out in the WARRANTIES clause.
Neither party is liable to the other under or in connection with these Terms or the Service 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.
This clause does not apply to limit our liability under or in connection with these Terms for:
(a) personal injury or death;
(b) fraud or wilful misconduct; or
(c) a breach of the confidentiality clause.
This clause does not apply to limit your liability:
(a) to pay the Fees;
(b) under the indemnity in the DATA clause.
(c) for those matters stated in the above clause.
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.
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 the Service.
TERM, TERMINATION AND SUSPENSION
Unless terminated under this clause, these Terms and your right to access and use the Service:
(a) starts on the Start Date; and
(b) continues (subject to the below clause) until a party gives at least 30 days’ notice that these Terms and your access to and use of the Service will terminate on the expiry of that notice.
Subject to the CHANGES clause, if the subscription option you have selected includes a minimum initial term, the earliest date for termination under this clause will be the expiry of that initial term.
Either party may, by notice to the other party, immediately terminate these Terms and your right to access and use the Service if the other party:
(a) breaches any material provision of these Terms and the breach is not: remedied within 10 days of the receipt of a notice from the first party requiring it to remedy the breach; or 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.
You may terminate these Terms and your right to access and use the Service in accordance with the CHANGES clause.
Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.On termination of these Terms, you must pay all Fees for the provision of the Service prior to that termination. 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.
Except to the extent that a party has ongoing rights to use Confidential Information, at the other party’s request following termination of these Terms but subject to this clause, a party must promptly return to the other party or destroy all Confidential Information of the other party that is in the first party’s possession or control.
At any time prior to one month after the date of termination, you may request:
(a) a copy of any Data stored using the Service, provided that you pay our reasonable costs of providing that copy. On receipt of that request, we must provide a copy of the Data in a common electronic form. We do not warrant that the format of the Data will be compatible with any software; and/or
(b) deletion of the Data stored using the Service, in which case we must use reasonable efforts to promptly delete that Data.
To avoid doubt, we are not required to comply with this clause to the extent that you have previously requested deletion of the Data.
Without limiting any other right or remedy available to us, we may restrict or suspend your access to and use of the Service and/or delete, edit or remove the relevant Data if we consider that you or any of your personnel have:
(a) undermined, or attempted to undermine, the security or integrity of the Service or any Underlying Systems;
(b) used, or attempted to use, the Service:for improper purposes; orin a manner, other than for normal operational purposes, that materially reduces the operational performance of the Service;
(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 materially breached these Terms.
REVIEW GUIDELINES
The Software may enable you to post reviews or ratings of the Software. You agree:
(a) to not post anything Objectionable;
(b) to post based only on your personal (and first-hand) experience;
(c) to post only true and accurate information;
(d) we may accept, reject, or remove posts in our sole discretion (but have no obligation to do so);
(e) that posts are not endorsed by us, and do not necessarily represent our opinions;
(f) we do not accept any liability for any posts or for any claims, liabilities, or losses resulting from any posts.
NO FINANCIAL ADVICE
You accept that:
(a) that we are not a financial planner, financial adviser, lawyer or tax advisor and that neither we nor our personnel will provide or be deemed to provide the services of any such persons.
(b) that the Software and the Service is intended only to assist you to manage your own finances and to assist you to make your own decisions, in each case independent of us.
(c) any risk of making any final decisions or implementing any financial strategy, without obtaining independent financial, tax or legal advice.
GENERAL
Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure.
No person other than you and us has any right to a benefit under, or to enforce, these Terms.
For us to waive a right under these Terms, that waiver must be in writing and signed by us.
Subject to the DATA clause, we are your independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.
If we need to contact you, we may do so by email or by posting a notice in the Software. 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 submitting a message at budgetbuddie.com/contact.
These Terms, and any dispute relating to these Terms or the Service, 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 or the Service.
Clauses which, by their nature, are intended to survive termination of these Terms, including clauses under DATA, INTELLECTUAL PROPERTY, CONFIDENTIALITY, LIABILITY, TERM, TERMINATION AND SUSPENSION and GENERAL, continue in force.
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 you.
Subject to the CHANGES clause, any variation to these Terms must be in writing and signed by both parties.
These Terms set out everything agreed by the parties relating to the Service, 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 the Service that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date.
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.
CONTACTING US
If you have any questions about this privacy policy, our privacy practices, or if you would like to request access to, or correction of, your personal information, you can contact us here.