1. Application of terms
- These Terms apply to your use of the Website, and to Writers who intend to submit Materials to MoneySecrets. By accessing and using the Website, or accessing any MoneySecrets template, you agree to these Terms.
- Where your access and use is on behalf of another person (for example 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 Website or MoneySecrets templates and other materials, and you must immediately stop doing so.
- This Website is not intended to be available to any person in any jurisdiction where doing so would result in contravention of any applicable laws or regulations in that jurisdiction. Before accessing this Website, you must satisfy yourself that the laws and regulations of your jurisdiction allow access to all information and services available on this Website. By accessing this Website you will be deemed to have confirmed that access is permitted. To the fullest extent permitted by law, MoneySecrets accepts no responsibility for the compliance of this Website or the information contained in it with the laws or regulations of any country or jurisdiction other than New Zealand.
- We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website or MoneySecrets templates, you agree to be bound by the changed Terms.
- We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
“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.
“Materials” means all written material and any other content provided by the Writer to MoneySecrets.
“MoneySecrets” (also referred to as “us”, “we”, or “our”), means MoneySecrets Limited, a company incorporated in New Zealand (company number: 7879817).
“Terms” means these terms and conditions.
“Underlying System” means any network, system, software, data or material that underlies or is connected to the Website.
“Website” means the website established by MoneySecrets to which the Writer's Materials may be published.
“Writer” means the author or authors of the Materials, or the person or persons submitting the Materials to MoneySecrets.
“You” means you or, if clause 1(b) applies, both you and the other person on whose behalf you are acting.
- The Writer covenants and agrees, severally, with each of MoneySecrets and its directors, officers, employees, and agents:
- The Writer submits the Materials to MoneySecrets on the basis that MoneySecrets will not be required to pay the Writer therefor, and the Writer acknowledges that the Writer will not be entitled to receive any form of compensation or remuneration for or in respect of the Materials.
- Copyright and all other intellectual property in the Materials vest exclusively in MoneySecrets at and from the point in time that the Materials are submitted to MoneySecrets. Materials are deemed to be submitted to MoneySecrets at the earlier of the time they are sent to MoneySecrets or populated in a MoneySecrets template.
- Neither MoneySecrets nor its directors, officers, employees, and agents will be liable, whether in tort, contract, or otherwise howsoever, for any Loss sustained directly or indirectly by the Writer out of the submission or publication of the Materials. Without in any way limiting the generality of the foregoing, MoneySecrets will under no circumstances be liable for any claim for indirect losses, consequential losses, loss of income, loss of profits, and loss of reputation.
- MoneySecrets has no obligation to publish or otherwise use the Materials.
- MoneySecrets (and any of its licensors) owns all proprietary and intellectual property rights in the Website and Materials (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos, and look and feel), and the Underlying Systems.
- You will not make any statement on the Website which intends to be or could be defamatory. Nor will you make any statement on the Website which intends to be or could be disparaging or likely to hurt or cause offence to any person or group of persons or harm the reputation of any person or business.
6. No financial advice
- MoneySecrets is a medium for the sharing of money stories and commentary. MoneySecrets does not provide financial advice or a financial planning service (or any other type of professional advice). Content published by MoneySecrets on the Website is for general information and entertainment purposes only, and does not constitute a recommendation, opinion or advice to any person.
- MoneySecrets does not endorse, approve, verify, or evaluate any comments or information provided by users of the Website. No comments or information provided by users of the Website are provided on behalf of MoneySecrets. MoneySecrets does not provide any remuneration or incentives to users of the Website in return for their use of the Website. MoneySecrets does not assume any responsibility for comments or information provided by users of the Website and, to the maximum extent permitted by law, MoneySecrets disclaims any liability arising from the use of, or reliance on, any such comments or information by any person.
- The Website is not intended for use by any person or entity in the business of providing a financial adviser service or for the promotion of any products or services in which a user has a direct or indirect financial or personal interest. You must disclose any relevant professional status or conflict of interest when providing comments or information on the Website, and you are solely responsible for complying with all laws and regulations that apply to you when publishing comments or information on the Website.
- If you require financial or other professional advice, you should engage an independent qualified adviser.
- 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:
- the Website being unavailable (in whole or in part) or performing slowly;
- any error in, or omission from, any information made available through the Website;
- 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 the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
- any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products, or operators.
- We make no representation or warranty that the Website 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 the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
- To the maximum extent permitted by law:
- you access and use the Website at your own risk; and
- we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
- Except to the extent permitted by law, nothing in these Terms 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.
- To the maximum extent permitted by law, and only to the extent that the exclusions and limitations of liability contained in these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website or MoneySecrets template, must not exceed NZD100.
- You are not required to provide personal information to us, although in some cases if you choose not to do so then we may be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
- When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.
- The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
- Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
- to service providers and other persons working with us to make the Website available or improve or develop its functionality (for example we may use a third party supplier to host the Website);
- in relation to the proposed purchase or acquisition of our business or assets; or
- where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
- Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
- You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at [email protected].
9. Suspension and termination
- Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
- On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
- If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
- These Terms, and any dispute relating to these Terms or the Website, 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 Website.
- For us to waive a right under these Terms, the waiver must be in writing.
- Clauses which, by their nature, are intended to survive termination of these Terms, 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 a 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.
- These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty, or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty, or agreement has any effect from the date you agreed to these Terms.