Website Terms of Use

These Terms of Use were last updated on 7 November 2021.

Welcome to FundPay, a savvy financial platform that enables you to have the good things in life using the money you have, not debt.

These Terms of Use (Terms) form a legal agreement between the person that accesses and/or uses the Site (referred to in these Terms as you and your) and Myfund Limited NZBN 9429047586444 (referred to in these Terms as we, us and our) and sets out our, and your, rights and obligations in relation to the FundPay website found at www.fundpay.co.nz (the Site).

Please note that there are additional terms and conditions that apply to your use of our FundPay mobile application software (FundPay App), which allows users to make payments to an account they register with us and use the funds in that account to purchase goods online or instore from participating retailers. If you wish to use services provided via the FundPay App, you must also accept the additional terms (FundPay App Terms) when you download the FundPay App. The FundPay App Terms can be found here.

Please read these Terms (which include our Privacy Policy) carefully before accessing and using the Site. By using the Site you agree to follow and be bound by these Terms. If you do not agree to all of these Terms, you must not use the Site. If you have any questions about these Terms or the Site, please contact us at [email protected].

These Terms may be varied by us at any time. Unless otherwise stated, amendments to these terms will be effective when we notify you of the changes via email, or post the changes on the Site. You must ensure that you have read, understood and agree to these Terms. You agree that your continued use of the Site represents your agreement to be bound by the most recent terms.

1. About the Site

1.1 Our Site provides information related to the services we provide via the FundPay App and the ability to subscribe to our newsletter, and is intended for use by persons living in New Zealand only.

1.2 We are not a provider of Financial Products (as defined in the Financial Markets Conduct Act 2013) or financial advice. If you need advice about financial products or services, you should contact a licensed financial adviser.

1.3 We make the Site available to you at no cost and may update or change the Site at any time without liability to you.

2. Your Obligations

1.1 You will:

(a) ensure that all information that you provide to us is true and correct and kept up to date for so long as you continue to use the Site; and

(b) comply with all applicable laws when using the Site.

1.2 You will not:

(a) copy (other than for personal use), republish, distribute or reverse engineer any part of the Site;

(b) access the Site to build a product or service which is the same as or similar to the Site, or which otherwise competes with the Site;

(c) attempt to disable or undermine any security or technical measures, including any digital rights management system or other content protection features used by us; or

(d) transmit any virus, Trojan horse, worm, backdoor or other element that may disable, harm or otherwise prevent the operation of any computer software, hardware or network, or any telecommunications service, equipment or network (Viruses) through the Site.

3. Intellectual Property

1.1 The Site and any any software, content, data or information on the Site or generated by the Site (Content) are our exclusive property (or are used and displayed by us with the express permission of the owner).

1.2 You may access and use the Site and the Content for your own personal use and only as expressly permitted under these Terms.

1.3 You may not, without our prior express written consent:

(a) extract or re-use any Content or any part of the Site. In particular, you may not use any data mining, robots, scraping or similar tools to extract any Content or any part of the Site;

(b) link to our Site from another website; or

4. Your Data

1.1 If you provide us with personal information, then our Privacy Policy applies. Please read the Privacy Policy carefully as it forms a part of these Terms.

1.2 Any data that you input on the Site (Your Data) is your exclusive property and you will have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Data. You agree that we may use Your Data for:

(a) any of the purposes set out in the Privacy Policy;

(b) performing our obligations under these Terms; and

5. Our responsibilities and liability

1.1 You have various rights under New Zealand Consumer Guarantees Act 1993 which we cannot exclude in these Terms. Nothing in the following paragraphs is intended to limit those rights, but we exclude all other implied terms to the fullest extent permitted by law.

1.2 In particular (and without limiting clause 5.1) we do not promise that:

(a) the Site will be available at all times;

(b) your use of the Site will be uninterrupted or error-free;

(d) the Site will meet your requirements or be fit for a particular purpose;

(e) the Site will operate on all types of devices; or

(f) the Site will be secure or free from Viruses.

1.3 We are only responsible to you for foreseeable loss and damage caused directly by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a direct and foreseeable result of that failure, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you previously discussed it with us.

1.4 In any event, to the extent we are permitted by law to limit our liability, our total liability to you will be limited to $100.

1.5 You acknowledge that:

(a) we are not providing you with any financial advice, recommendation or opinion via the Site;

(b) the Site may contain links to websites and resources provided by third parties, and these links are provided for your information only. While we will not knowingly provide incorrect information, we have no control over the content on those websites or resources, and are not responsible or liable for any loss or damage that arises from your use of them;

(c) we are not responsible or liable for any issues, loss or damage caused by your network connections, telecommunications links or the internet, or for any unauthorised access or loss of Your Data that is beyond our control.

1.6 You will reimburse us for any costs we reasonably incur in relation to any claims against us resulting from your breach of these Terms.

6. Suspension and Termination

We may suspend or terminate your access to the Site if you fail to comply with these Terms, in which case all licences granted to you under these Terms will immediately end and you must cease using the Site.

7. General

1.1 These Terms are the entire agreement between you and us in relation to the Site.

1.2 If any part of these Terms is judged invalid or unenforceable it will be excluded and the remainder of these Terms will continue to operate.

1.3 These Terms are governed by the laws of New Zealand. Should you wish to take any action against us relating to the Site or these Terms, you agree that any such action must be taken in the New Zealand courts.