1.1 This Fine Print is a legally enforceable contract and applies to your use of finappster, including but not limited to any Subscription Plan, newsletter, other communication or interaction with finappster. By accessing and using finappster:
a you agree to this Fine Print, 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 this Fine Print on that person’s behalf and that, by agreeing to this Fine Print on that person’s behalf, that person is bound by this Fine Print.
1.2 If you do not agree to this Fine Print, you are not authorised to access and use finappster, or any information obtained as a result, and you must immediately stop doing so.
2.1 finappster will continue to develop over time and this Fine Print will apply to any changes to finappster. We may change this Fine Print at any time by updating them on finappster.co.nz and related sites. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Fine Print. By continuing to access and use finappster, you agree to be bound by the changed Fine Print.
2.2 We may change, suspend, discontinue, or restrict access to, finappster without notice or liability.
2.3 This Fine Print was last updated on 28 October 2017.
In this Fine Print:
finappster means the websites and services at finappster.co.nz and finappster.com.au
Including and similar words do not imply any
Login ID means a unique name and/or password allocated to you to allow you to access certain parts of finappster
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Personal Information means information about an identifiable, living person
Fine Print means these terms and conditions titled finappster Fine Print
Subscription Fee is the monthly or annual payment for using finappster
Subscription Plan is the monthly or annual payment for the level of access to finappster that is selected
Third-Party Services means services or software not owned by us that integrates into finappster
Underlying System means any network, system, software, data or material that underlies or is connected to finappster
We, us or our means Investor Mandate Ltd, New Zealand company 6102469, trading as finappster
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4.1 You may only access and use finappster to lawfully manage your personal portfolios for your own personal and domestic purposes, and you are responsible for all activity on your account.
4.2 You represent that you are a legal owner of, and that you are authorised to provide us with, all information necessary to facilitate your use of finappster and all results and analysis arising from your use of finappster.
4.3 If you are given a Login ID, you must keep your Login ID secure and:
a not permit any other person to use your Login ID, including not disclosing or providing it to any other person, and
b send an email to email@example.com immediately to notify us if you become aware of any disclosure or unauthorised use of your Login ID. We may reset your password following a breach of security and you must take all other actions that We reasonably deem necessary and advise to you.
4.4 You must:
a not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, finappster or any Underlying System, or otherwise attempt to damage or interfere with finappster or any Underlying System
b make reasonable efforts to investigate and diagnose technical problems before contacting us. If you still require technical support please send an email to firstname.lastname@example.org. We have no obligation to provide technical support services to you for any Third-Party Services or software not owned by us that integrates into finappster, and
c unless with our prior written agreement, only access finappster via standard web browsers and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method. Without limiting this obligation you must not use or permit any person to use any method, technology or technique whatsoever to obtain access to data stored by finappster to which you are not entitled.
4.5 You must obtain our written permission to establish a link to finappster. Email your request to email@example.com if you wish to do so.
4.6 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with this Fine Print, including any failure of a person who accesses and uses finappster by using your Login ID.
5.1 If you are a new subscriber you can exercise a 14-day risk-free, trial period. If after 14 days, you choose not to continue using finappster, your access will be automatically disconnected.
5.2 If, after 14 days, you choose to continue to use finappster, we will charge you, and you agree to pay, the monthly or annual Subscription Fee for the level selected when subscribing to finappster (if applicable). To the extent that your Subscription Plan does not require payment of a Subscription Fee, this clause 5.2 is not applicable to your Subscription Plan.
5.3 All fees and charges and all prices for access to finappster include GST where applicable.
5.4 You authorise us to invoice and receive payment from you in advance for Subscription Fees on a monthly or annual basis as applicable, until termination of your finappster account or you cease to use finappster, whichever occurs later.
5.5 Your credit card details will be encrypted and securely stored by a third-party payment solutions provider approved by us. We will not store or have access to your credit card details. In supplying your credit card details to our third-party payment solutions provider, you authorise us to invoice and the payment service provider to process payment of your Subscription Fees and any other outstanding amounts (as applicable) as they become due.
5.6 Invoices are calculated on a monthly or annual basis, based on the Subscription Plan selected. If at any time you upgrade your Subscription Plan, any additional costs payable by you will be prorated for the remaining period of the calendar month or year (as applicable) in which you upgrade your Subscription Plan, and you will be billed on the basis of whole calendar months or years (as applicable) going forward.
5.7 If we are unable to successfully process your credit card payment for the Subscription Fee, then we may notify you of the dishonoured payment and cancel your subscription.
5.8 You must not pay, or attempt to pay, the Subscription Fee through any fraudulent or unlawful means.
5.9 No refunds or credits for your Subscription Fee will be provided if you elect to terminate your Subscription Plan.
5.10 Changing your Subscription Plan may cause loss of content, features, or capacity of the service you receive on finappster, and we do not accept any liability for losses arising as a direct or indirect consequence of this.
6.1 We (and our licensors) own all proprietary and intellectual property rights in finappster (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), the Underlying Systems, patents and trademarks.
6.2 We have no intellectual property rights in the data input by you into finappster, other than to hold and make it available for the purposes contemplated by this Fine Print or for which it was provided.
6.3 No licence is granted to any person in respect of the intellectual property rights used on finappster as a result of publication on finappster. If you wish to use any intellectual property of a third party you will need to obtain the consent of that third party.
6.4 You agree and acknowledge that you will not adapt, reproduce, store, distribute, display, publish or create derivative works from any information on finappster without our prior written permission.
6.5 Unless otherwise stated, you are permitted to access, view, copy, print (in limited quantities) or temporarily store textual material published by us on finappster for your personal and domestic use. Any copyright notice on that information must be retained on the copy.
7.1 It is your sole responsibility to determine that finappster meets your needs and is suitable for the purposes for which it is used.
7.2 We are not a financial product advisory service and finappster does not provide financial product advice. We are not a financial adviser or broker in terms of the Financial Services Act 2008 (NZ). The information provided on finappster is:
a numeric information only based on publicly available data, data entered by the user or data otherwise available to us and the information presented is derived from that information as a result of finappster’s performance methodology and commonly used calculations
b not a recommendation or advice (including a financial adviser service). The information should not be relied upon for making financial or investment decisions and it is recommended that you seek your own qualified, independent financial advice before making any decisions in relation to your finances or investments
c not necessarily indicative of future results, and
d made available for your convenience only.
7.3 We are not stockbrokers, financial or investment advisors and do not recommend or advise on any securities or investments of any kind. Any securities or investments that are mentioned in finappster communications are mentioned for purely illustrative purposes only.
7.4 finappster and its employees, directors, presenters, contributors and representatives do not guarantee any results or investment returns based on information that you receive through using finappster.
7.5 Although finappster enables tax to be calculated, the information provided is not conclusive and does not constitute tax advice of any kind. finappster is not a registered tax agent and does not provide tax advice. You should consult a qualified, independent tax advisor for tax advice. You remain solely responsible for complying with all applicable accounting, tax and other laws. It is your responsibility to check that storage and access to the data input into finappster will comply with the laws applicable to you.
7.6 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a finappster being unavailable (in whole or in part) or performing slowly
b failure to receive, or error in, or omission from, any data or other information made available through finappster
c any indirect and consequential loss or for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this Fine Print or your use of finappster
d any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use finappster. To avoid doubt, you are responsible for ensuring the process by which you access and use finappster protects you from this, and
e any site linked from finappster. Any link on finappster to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, accuracy, operations, products or operators.
7.7 We give no warranty about finappster.
7.8 We make no representation or warranty that finappster is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of finappster is not illegal or prohibited, and for your own compliance with applicable local laws.
8.1 To the maximum extent permitted by law, we disclaim all warranties, either express or implied, with respect to finappster, the methods employed by finappster and the information and reports generated or made available by finappster, including warranties of accuracy, non-infringement, completeness, timeliness, currency, accessibility, security, merchantability or fitness for any particular purpose. Without limiting the foregoing:
a your access and use of finappster is at your own risk
b access to finappster is provided on an “as is” and “as available” basis – we do not warrant that finappster will operate in an uninterrupted or error-free manner and we will not be responsible for the results of any actions taken in reliance on finappster
c we do not warrant that any Third-Party Services, will operate, perform or function, or that the integration will perform
d information which is transmitted to or from you is transmitted at your sole risk and we do not accept any responsibility for any interference or damage to any computer system which arises in connection with you accessing finappster, and
e we are not liable or responsible to you or any other person for any Loss under or in connection with this Fine Print, finappster, or your access and use of (or inability to access or use) finappster. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
8.2 Except to the extent permitted by law, nothing in this Fine Print has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
8.3 To the maximum extent permitted by law, our total liability to you under or in connection with this Fine Print, or in connection with finappster, or your access and use of (or inability to access or use) finappster, must not exceed NZD100.
10.1 We will consider that you have breached this Fine Print, if:
a you fail to remedy the breach within seven days after receiving notice requiring you to do so
b you breach any of this Fine Print where that breach is not capable of remedy
c you are, become, or are deemed to be, insolvent or bankrupt
d you make an assignment for the benefit of, or enter into or make any arrangement or composition with your creditors
e you go into receivership or have a receiver, trustee and manager (or either of them) (including a statutory manager) appointed in respect of all or any of your property
f any resolution is passed, or any proceeding is commenced, for the winding up or liquidation of that other party (other than for the purposes of a solvent reconstruction), or
g we otherwise consider it appropriate.
10.2 If we consider you have breached this Fine Print, we may, without prejudice to our other rights and remedies, immediately (at our sole discretion) and without notice:
a terminate your account and your use of finappster
b suspend for any definite or indefinite period of time, your use of finappster, and / or
c suspend or terminate access to the data you have input into finappster.
10.3 On suspension or termination, you must immediately cease using finappster and must not attempt to gain further access.
10.4 You will not be entitled to a refund if we discontinue or suspend your account under clause 10.1.
10.5 You may cancel your account for any reason by giving us at least one month’s notice. If you cancel your account, you will not be entitled to any Subscription Fee paid in advance for the remaining period of the calendar month or year (as applicable) of your Subscription Plan.
10.6 Termination of this Fine Print is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Fine Print, you will remain liable for any accrued charges and amounts which become due for payment before or after termination and immediately cease to use finappster.
10.7 Following the termination of your account, we reserve the right to delete all your data input into finappster in the normal course of operation. You acknowledge and confirm that your data cannot be recovered once it is deleted and we will have no liability for any deleted data.
Where any dispute or difference arises in relation to the use of finappster or this Fine Print, both parties agree to use all reasonable endeavours to resolve the dispute as soon as possible.
12.1 We will adhere to accepted industry practices and procedures for preventing data loss, including a daily system back-up regime , but do not make any guarantees that there will be no loss or corruption of data that you have input into finappster. We expressly exclude liability for any loss or corruption of data, no matter how caused. You should ensure that you keep up-to-date records of all your data inputted into finappster.
12.2 We intend that finappster should be available 99% of the time, 24 hours a day, seven days a week. However, it is possible that on occasions finappster may be unavailable. If we have to interrupt your use or access to finappster for longer periods than we usually anticipate, we will use reasonable endeavours to publish in advance details of such activity on finappster in advance.
12.3 If we need to contact you, we may do so by email or by posting a notice on finappster. You agree that this satisfies all legal requirements in relation to written communications.
12.4 This Fine Print, and any dispute relating to this Fine Print or finappster, are governed by and must be interpreted in accordance with the laws of:
a New Zealand if you are a New Zealand-based customer. In that case, each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with this Fine Print or finappster.
b Australia if you are an Australian -based customer. In that case each party submits to the non-exclusive jurisdiction of the Courts of Australia in relation to any dispute connected with this Fine Print or finappster.
12.5 For us to waive a right under this Fine Print, the waiver must be in writing.
12.6 Our successors (by merger, consolidation or otherwise) and assignees will have the benefit under this Fine Print. You may not assign or transfer your account or all or any part of your rights and benefit under this Fine Print without our prior written consent.
12.7 Clauses which, by their nature, are intended to survive termination of this Fine Print, including clauses 4.6, 5, 6, 7, 10.6, continue in force.
12.8 If any part or provision of these Fine Print 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 a modification is not possible, the part or provision must be treated for all purposes as severed from this Fine Print. The remainder of this Fine Print will be binding on you.
12.9 This Fine Print sets out everything agreed by the parties relating to your use of finappster and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to this Fine Print. The parties have not relied on any representation, warranty or agreement relating to finappster that is not expressly set out in the Fine Print, and no such representation, warranty or agreement has any effect from the date you agreed to this Fine Print.