MoneyMatch Transfer Platform

Terms and Conditions

Contents

  1. APPLICATION
    1. By browsing, visiting, accessing, using or continuing to browse, visit, access or use the MM Platform, you (“User”) shall be deemed to have read, understood and agreed to be bound by these Terms and Conditions, the Privacy Policy and other guidelines and policies relating to the MM Platform (collectively known as “Agreement”).
    2. We reserve our right to amend, revise, supplement, vary and/or terminate the Agreement (“Changes”) at any time and from time to time by updating any such relevant page.
    3. Any Changes to the Agreement shall be placed on the MM Platform accessible by you and continuous usage of the MM Platform shall be deemed as acceptance to the Changes by you.
  2. INTERPRETATION
    1. In these Terms and Conditions, unless the context requires otherwise, the following words and expressions shall have the following meanings:
      2. "Business Day"
      means any day (other than a Saturday, Sunday and Public Holiday in New Zealand) on which banks are open for general business in New Zealand, the Member Country or the Beneficiary Country
      "Beneficiary"
      means the person (natural or legal) receiving the funds from the Member and any references made to “Recipient”;
      "Beneficiary Account"
      means the bank account of the Beneficiary that the Member named and any references made to “Recipient Account”;
      "Beneficiary Country"
      means the country in which the Beneficiary maintains the account for the funds to be received;
      "Beneficiary Currency"
      means the currency in which the Beneficiary will receive from the Member through the MM Platform and any references made to “Recipient Currency”;
      "Confidential Information"
      means all information (not available to the public) in whatever form, including but not limited to visual, oral or electronic form, relating to MM, the MM Platform and/or the Users of the MM Platform, which is obtained, provided or disclosed through MM, these Terms and Conditions and/or the MM Platform to the Users;
      "Content"
      means all contents available on the MM Platform, whether created by MM and/or the User, including organisation, layouts, user interface, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials;
      "Exchange Rate"
      means the exchange rate between the relevant currencies as determined by MoneyMatch and made available on MM Platform;
      "Fees"
      means the fees at the rate as determined by MoneyMatch through MM Platform payable by the Member to MoneyMatch for the services provided within the MM Platform;
      "Intellectual Property"
      means patents, trademarks and service marks, rights in designs, trade or business names and copyrights (whether or not any of these is registered and including pending applications for registration of any such thing) and rights under licences and consents in relation to any such thing and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world;
      "Member"
      means a User (as an Individual Member or a Corporate Member) whose sign-up and/or registration has been approved by MoneyMatch and such approval has not been suspended, terminated or revoked;
      "Member Account"
      means the bank account of the Member;
      "Member Country"
      means the country in which the Member Account is maintained;
      "MM/MoneyMatch"
      means MoneyMatch (New Zealand) Limited (NZBN: 9429047406506), a company incorporated in New Zealand and having its registered office address at MoneyMatch (New Zealand) Limited, 1 Albert Street, Auckland Cbd, Auckland, 1010, NZ, and is the operator and owner of the MM Platform, and includes (if any) its head office, representative and branch offices, any related company or associated company, in any jurisdiction;
      "MM Platform"
      means MoneyMatch, the web-based communication platform at https://moneymatch.co.nz/ and its related “MoneyMatch” mobile applications, related databases and supporting software operated by MM to which the Users are entitled to gain access, but excluding equipment, software and telecommunication configurations or links belonging to MM, the Users or any third party;
      “Net Payout Amount”
      means the net amount less the bank charges to be credited to the Beneficiary Account;
      "Order"
      means the order created by the Member on the MM Platform to make a Transfer in accordance with the Agreement;
      "Parties"
      means MM and the User, and “Party” means any one of them;
      "Transfer"
      shall have the meaning prescribed in Clause 4.1;
      "Transfer Amount"
      means the amount (in the relevant currency stated in the Order) to be transferred by the Member to the Beneficiary for MM to perform the Transfer exclusive of the Fees;
      "User"
      means any person who browses, visits, accesses and/or uses the MM Platform whether active, semi-active or inactive and includes the Members;
    2. References to statutory provisions shall be construed as references to those provisions as amended or re-enacted or as their application is modified by other provisions (whether before, on or after the date hereof) from time to time and shall include any provisions of which there are re-enactments (whether with or without modification).
    3. References herein to Clauses are to clauses in and schedules to these Terms and Conditions unless the context requires otherwise.
    4. The expressions "MM", "Member" and "User" shall, where the context permits, include their respective successors, personal representatives and permitted assigns.
    5. Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing a gender include every gender.
    6. Where a word or phrase is given a defined meaning in these Terms and Conditions any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning.
    7. Any reference to “these Terms and Conditions” is a reference to these MM Platform Terms and Conditions and any written amendments, supplementals or novations of these Terms and Conditions from time to time, and includes a reference to any document which amends, waives, is supplemental to or novates the terms of these Terms and Conditions.
    8. Any reference to “writing”, or cognate expressions, includes any communication effected via the MM Platform, electronic mail, telex, cable, facsimile transmission or other comparable means but shall not include short messaging services, instant messaging services or internet chat.
    9. Any reference to a “day”, “week”, “month” or “year” is to that day, week, month or year in accordance with the Gregorian calendar.
    10. If any period of time is specified from a given day, or the day of a given act or event, it is to be calculated exclusive of that day and if any period of time falls on a day which is not a Business Day, then that period is to be deemed to only expire on the next Business Day.
    11. Any payment from MM to the Users under these Terms and Conditions shall be without any interest.
    12. MM will endeavor to process and complete all orders submitted by our Members during the normal business hours of MM (0830 to 1700 local time in Auckland, New Zealand) on a Business Day. Where a transaction is confirmed through the MM Platform after the close of business hours on one Business Day, then that transaction will be confirmed and deemed to have become final and binding at the opening of business hours on the next Business Day.
  3. Sign-up to the MoneyMatch Platform
    1. The Users shall sign-up to the MM Platform by providing the information and documents requested on the sign-up page as well as performing the KYC process (as defined in Clause 3.3) before they are allowed to use and/or access to the features provided by MM Platform. MM reserves the right at its sole discretion, at any time, to prevent, stop, withdraw and/or reject the sign-up application of any Users without assigning any reason whatsoever.
    2. There are two types of Members on the MM Platform as follows :-
      1. Individual Members which application is restricted to natural persons; and
      2. Corporate Members which application is restricted to companies, sole proprietors, partnerships, associations, corporations or other body corporate.
      MM prescribes a separate application process for each category of membership and different information and documents may be requested by MM in order to allow MM to assess the application.
    3. As part of the signing-up process, MM may in its sole discretion conduct “Know Your Customer” checks (“KYC Checks”) on the Users, whether through online or offline means by contacting the Users for a site visit (for Corporate Members) or through MM’s eKYC (electronic Know Your Customer) process conducted through the MM application (for Individual members). The Users shall provide truthful, accurate and current answers to the queries posed by MM during such KYC Checks and shall not provide any misleading information or conceal any information. MM reserves the right to reject and/or suspend any applications submitted by the User and without prejudice to the generality of Clause 3.1, MoneyMatch reserves the right to reject the sign-up application of any Users after the KYC Checks.
    4. Upon signing-up to the MM Platform, MM grants the User a non-exclusive, non-transferable and revocable permission under the Agreement to use, access and communicate through the MM Platform for the purposes contemplated by such Agreement and for no other purposes.
    5. MM reserves the right at its sole discretion, at any time, to prevent, stop and/or disallow, by any means, any User to continue using the MM Platform without assigning any reason whatsoever, and/or to revoke the registration status and deactivate the account of the Member from the MM Platform.
    6. Each Member shall have his own username and password to log into the MM Platform, and the Member shall be responsible for safeguarding his username and password, and other security processes and devices that may be provided by MM. Each Member hereby represents, covenants and undertakes to ensure that only the Member shall have access to the MM Platform by using the Member’s login details, and any login to the MM Platform by using the Member’s login details shall be deemed to have been made by the Member.
    7. The Member shall not misuse his login details and the MM Platform to the detriment of MM and MM Platform.
    8. Each User undertakes, covenants and agrees to perform, execute and carry out the following:
      1. to comply with the Agreement, and other rules, regulations and policies as may be formulated by MM from time to time with respect to the MM Platform;
      2. to perform all acts necessary for the discharge of his obligations under the Agreement;
      3. to keep the Confidential Information secret and confidential and shall not use, divulge or communicate to any person (save as may be required by law or any legal or regulatory authority) any Confidential Information, and shall use his reasonable endeavours to prevent the publication and/or disclosure of any Confidential Information, and shall only use the Confidential Information for the purposes of proposing, considering or making transactions through the MM Platform, and this obligation shall subsist even after the User ceases to be a user of the MM Platform;
      4. so long as he is a Member of the MM Platform and for 36 months from the date he ceases to be a Member, the Member shall not procure by privately contact or communicate outside the MM Platform, with any other Member and/or any third party introduced via the MM Platform, with respect to the activities on the MM Platform with a view to arrange a transaction outside the MM Platform;
      5. so long as he is a Member of the MM Platform and for 36 months from the date he ceases to be a User, the User shall not directly or indirectly, engage, be employed or be interested in any business which is similar to or competing with the business of MM, carry on for its own account either alone or in partnership or be concerned as a director in any company engaged or about to be engaged in any business which is similar to or competing with the business of the Company, and solicit any person, firm or company who is or has been a User of the MM Platform; and
      6. so long as he is a User of the MM Platform and for 36 months from the date he ceases to be a User, the User shall not and shall procure that its affiliates shall not (whether alone or jointly with another and whether directly or indirectly), solicit or contact with a view to the engagement or employment by any person, any employee, officer or manager of MM or any person who has been an employee, officer or manager of MM within the previous 12-month period.
    9. The User or the Member (as the case may be) acknowledges the following:
      1. that MM and the MM Platform does not give warranty, either express or implied, in relation to any activities and/or outcomes on the MM Platform and that the User/Member’s request can or will be fulfilled;
      2. that MM and the MM Platform does not give warranty, either express or implied, as to the functionality, operability, accessibility, accuracy, correctness, reliability, up-to- dateness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, of the MM Platform;
      3. that it places and has placed no reliance whatsoever on any representations, agreements, statements or undertakings, whether oral or in writing, made or alleged to have been made by MM in relation to any contents, activities and/or outcomes on the MM Platform;
      4. that MM acts only on the instructions of the Member with respect to the activity of remittance and will facilitate the transactions for its Members at its own discretion;
      5. the Member shall assume all responsibility for all transactions carried out by the Member via the MM Platform;
      6. the Members shall be responsible for placing and performing the transaction and that all transactions are final and irrevocable unless communicated otherwise by MM;
      7. that MM does not guarantee the success of any activity or transaction on the MM Platform;
      8. that MM provides the MM Platform on as “as is” basis and makes no representation as to the quality, completeness or accuracy of any Content made available on the MM Platform;
      9. that MM does not warrant the use and access to the MM Platform will be uninterrupted, error free or free of computer viruses or computer bugs or other harmful or corrupting code, or that defects will be corrected, or that the download, installation or use of any software or content of the MM Platform in or with any computer will not affect the functionality or performance of the computer and/or any device;
      10. the Member shall be responsible for obtaining and using the necessary software and/or equipment to obtain access to the MM Platform at the Member’s own risk and expense, and shall be responsible for the performance and security (including without limitation taking all necessary measures to the extent reasonable possible to prevent unauthorized use or access) of any software and/or device used by the Member;
      11. the Member shall assume the entire cost of all necessary servicing, repair or correction of any defect, problem or damage in his computer, and MM shall not be liable for the loss of any of the content in the Member’s computer and/or device, or for the deletion or failure to store any content maintained or posted by or through the MM Platform;
      12. that MM does not warrant the MM Platform will be protected against any malicious attack and that the data will not be compromised under such attack; and
      13. that the registration of any User on the MM Platform is not a guarantee on the creditworthiness, genuineness and trustworthiness of the User.
    10. By signing-up and/or logging into the MoneyMatch Platform, the User represents that he has read and understood the Agreement and agrees to be bound by the Agreement.
  4. MM PLATFORM
    1. The MM Platform is an online platform that offers cross border remittance and cross payment services (collectively referred to as “Transfer”) to the Members in accordance with the Agreement.
    2. Individual Members may perform cross border remittances and Corporate Members may perform cross border payments via the MM Platform to their Beneficiaries.
    3. MM shall be entitled at its sole discretion, to cancel, withdraw, restrict, suspend, vary or modify the use, features and/or facilities of the MM Platform (whether in whole or in part).
    4. The Content and material available on the MM Platform shall be for informational purposes only, and shall not be regarded as an offer, solicitation, invitation, advice and/or recommendation to buy, sell, subscribe for or dispose of any currencies, investments, securities, any other financial services or banking product.
    5. MM does not and shall not assume any advisory, fiduciary or similar or other duties or act as an investment adviser to the User. Nothing on the MM Platform shall constitute or shall be construed to constitute investment, legal, tax or other advice.
  5. TRANSFER
    1. Transfers on the MM Platform are subjected to the types of currencies offered by MM as stated on the MM Platform.
    2. Transfers shall only be made to the Beneficiary Account in such Beneficiary Country subject to Clause 5.1.
    3. Members shall key in the Transfer Amount in the relevant column on the MM Platform and the correspondent Net Payout Amount will appear on the MM Platform generated based on the Exchange Rate applicable at that point in time. The Exchange Rate may fluctuate throughout the day as determined by MM in its sole discretion as it deems fit. The Net Payout Amount is dependent on the Exchange Rate when the Order is created.
    4. The Member shall create the Order for the relevant Transfer by providing the information and documents as per the mandatory fields within the MM Platform and documents requested on the MM Platform to facilitate the Transfers.
    5. Upon creation of the Order, the Member shall pay the Transfer Amount to MM in cleared funds within 24 (twenty-four) hours from the time the Order is created by way of telegraphic transfer or any such payment mode as may be authorized and/or accepted by MM in writing, failing which the Order created shall automatically lapse.
    6. MM shall not be required to pay any Net Payout Amount to any Beneficiaries unless the Transfer Amount has first been paid to MM. Any charges relating to the payment for the Transfer Amount shall be solely borne by the Member.
    7. Any cancellations of any Orders placed within the MM Platform shall be at the sole discretion of MM and shall be informed to you in writing.
    8. Unless otherwise agreed in writing between the Member and MM, MM shall release the Net Payout Amount to the Beneficiary within 1 to 14 Business Days.
    9. In the event of an unsuccessful Transfer to the Beneficiary Account, MoneyMatch shall inform the Member of the same and refund the Transfer Amount to the Member free of any interest less any bank charges or unfavourable exchange rate losses incurred by MoneyMatch. MoneyMatch shall not be liable for any loss, damages, costs, expenses, fines, penalties, demands or claims or any nature whatsoever that may be suffered by the Member as a result of or arising from any unsuccessful Transfer or delayed Transfer.
    10. Any refunds occasioned from Clause 5.9 above shall be refunded into the Member’s bank account to which the Transfer Amount originated from and shall not be rerouted or instructed otherwise. Refunds processed may take up to 7 working days upon the notification of the same by MM to the Member.
    11. In the event of any error in the Order created, the Member shall immediately contact MoneyMatch to resolve the relevant issue. All Orders placed into the MM Platform shall be final and shall not amended or revoked. Therefore, any losses, damages, costs, expenses, fines, penalties, demands or claims resultant from any errors on the Order placed into MM Platform by the Members shall not be the liability of MM.
    12. MoneyMatch’s Individual Members and Corporate Members are subjected to the transaction limit prescribe in the Transaction Fees and Limits.;
    13. Pursuant to Clause 5.12, the Members hereby declare that they shall follow the limits imposed and to be in compliant to all other regulatory requirements (including but not limited to the Foreign Exchange Administration Rules).
    14. All Transfers shall be subject to MM’s internal vigorous compliance checks relating to Anti-Money Laundering and Counter Terrorism Financing (AML/CTF) laws, regulations and legal frameworks. The Members hereby authorize MM to conduct any form of investigation and/or compliance checks in line with its internal policy relating to any compliance matters.
    15. For the avoidance of doubt, MM is entitled to accept, reject, terminate, suspend and/or request further documents from the Members at any point in time whether due to compliance of the AML/CTF laws, regulations and legal frameworks or any other reason deemed reasonable by MM.
    16. MM shall be held free from any liability and/or losses suffered by the Members relating to any rejected, suspended, terminated and/or pending Transfers or Accounts by the Members occasioned from compliance matters.
    17. The Members hereby agree that upon request from the relevant compliance staff of MM and/or regulating authority, the Member shall co-operate in providing sufficient information and/or supporting documents relating to any investigations or checks for the purposes of compliance with AML/CTF policies, laws, regulations and regulatory framework.
  6. FEES
    1. In consideration of MM’s service within the MM Platform, the Member shall pay a fee (“Fees”) for each Transfer via the MM Platform. All Fees paid are non-refundable (save and except when the Transfer was rejected due to internal policies).
    2. The Member shall pay the Fees to MM together with the Transfer Amount in accordance to Clause 5.5 above. MoneyMatch shall not be obliged to perform any services hereunder prior to the receipt of the Fees from the Member.
    3. The Fees are exclusive of all taxes (including goods and services tax), levies, duties, assessments of whatever kind or nature and they represent the net amount to be received by MM. In the event the Fees become subject to any taxes, levies, duties, assessments of whatever kind or nature, the Member shall forthwith pay such additional amount as may be necessary to MM to ensure that the net amount actually received by MM is equal to the amount which MM would have received had such taxes (including goods and services tax), levies, duties, assessments of whatever kind or nature have not been made.
  7. RIGHTS AND POWERS OF MM
    1. The User by registering to become a Member irrevocably authorizes and grants consent to MM to do the following:
      1. to conduct background checks on the User;
      2. to obtain and verify any information about the Users as MM may in its sole and absolute discretion deem fit, including for the purpose of complying with any anti-money laundering laws, and the Member shall immediately provide such information when requested by MM, and the User authorizes all sources to which MM may apply to obtain any information which MM may require; and
      3. disclose any information and/or data relating to the User and its account to any government or regulatory agency or authority, any credit bureau, any other third parties, service providers, agents or business partners, and any other person to whom disclosure is permitted and/or required by the law.
    2. MM shall have the right but not the obligation to appoint third parties to carry out the responsibilities and obligations, and/or to exercise the rights, of MM under the Agreement.
    3. MM reserves the right at its sole discretion to remove any content and/or services from the MM Platform without assigning any reason thereof.
    4. MM reserves the right at its sole discretion to immediately suspend and/or terminate the use of the MM Platform by any User without assigning any reason thereof, without warning and/or notice, and the User shall have no claims or actions of whatsoever nature against MM or its affiliates with respect to such suspension and/or termination.
    5. MM shall not be liable for acting in good faith upon any instructions and/or postings from the User. Such instructions and/or postings shall be deemed irrevocable and binding upon the User upon MM’s receipt notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in respect of such instructions and/or postings.
  8. REPRESENTATIONS AND WARRANTIES
    1. The User hereby represents and warrants as follows:
      1. the User is an individual of full age (above 18 years of age) and sound mind and has voluntarily agree to be bound by the Agreement;
      2. the User is a natural person or a representative of a legal person residing in his relevant jurisdiction in accordance with the relevant laws of New Zealand and has voluntarily agreed to be bound by the Agreement;
      3. it has taken all necessary corporate and other actions to authorize the execution, delivery and performance of the Agreement;
      4. it has full power, authority and legal right to enter into the Agreement and to observe and perform its obligations based on the terms and conditions of the Agreement;
      5. the Agreement constitutes legal, valid and binding obligations of the User and is at all times enforceable in accordance with such terms;
      6. the execution of the Agreement will not result in a breach of any law, regulation, judgment, order, authorization or decree of any governmental authority;
      7. there are no pending or threatened actions or proceedings before any court of tribunal which may materially and adversely affect the User’s ability to discharge its obligations under the Agreement;
      8. no petition is presented or proceeding is commenced or order made or effective resolution passed for the bankruptcy, winding up, insolvency, administration, judicial management, reorganization, reconstruction or dissolution of the User or for the appointment of a liquidator, receiver, administrator, judicial manager, trustee or similar officer of the User and no meeting is convened for the winding up or the bankruptcy of the User;
      9. any information and documents provided by the User on the MM Platform are true, accurate, complete and not misleading;
      10. there is no action, suit or proceeding at law or in equity or before any court, tribunal, governmental body, agency or official (whether pending or threatened) that is likely to affect the legality, validity or enforceability of the Agreement, or affect the User’s ability to perform his obligations hereunder;
      11. the User shall be personally responsible for the use and access of the MM Platform using the User’s account;
      12. the User shall use and access the MM Platform at his own risk;
      13. the User shall use and access the MM Platform in accordance with the Agreement and in accordance with any law for the time being in force in New Zealand;
      14. any Transfers to the Beneficiary are genuine and legitimate and is not within the knowledge of MM being otherwise;
      15. the User shall not list, offer and/or advertise on the MM Platform any items for sale, lease, rent and/or exchange;
      16. the User shall not and/or access the MM Platform for any unlawful or illegal purposes;
      17. the User shall be personally responsible for any statements published on the MM Platform using his account, and shall ensure that the contents of such statements published on the MM Platform by the User:
        1. is true, accurate and not misleading;
        2. shall not infringe the Intellectual Property rights of any person, and shall not infringe the privacy of any person;
        3. shall not cause any damage to any person, and shall not contain any defamatory remarks;
        4. shall not violate any law, rules, regulations, by-laws, guidelines, order of any authority;
        5. shall not contain any pornographic or obscene materials;
        6. shall not contain any computer viruses and/or computer programming routines that may damage, interfere with, intercept and/or expropriate any system or data;
      18. the User shall not adapt, modify, copy, translate, distribute, transmit, display, perform, reproduce, publish, license, transfer, download, post, create derivative works from, framing and using, any Contents belonging to MM or published by other Users on the MM Platform;
      19. the User shall not transfer and/or sell any information, software, user list, database, texts, graphics, logos, photos, audio files, visual files and other information, data and document provided through or obtained from the MM Platform to any person;
      20. the User shall not decompile, reverse engineer or otherwise attempt to discover the source code of the MM Platform, and/or any Contents available on the MM Platform;
      21. the User shall not, without written authorization from MM, access, hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper functioning of the MM Platform, including but not limited to the following means: denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;
      22. the User shall not initiate any transaction or transact, transmit or receive payment transfers via the MM Platform for or in connection with any criminal or illegal purpose or any purpose that may contravene any anti-money laundering laws.
    2. The User hereby assign absolutely to MM all title, benefits and interest relating to copyright on the Contents published on the MM Platform by the User, including but not limited to texts, graphics, drawings, layouts and photographs.
    3. The User hereby agrees to indemnify and keep MM indemnified against any losses and/or damages suffered by MM resultant of any breaches within Clause 8 of this Terms and Conditions including costs involved in bringing any action against the User.
  9. COOKIES
    1. The MM Platform uses cookies. The User shall have cookies enabled on his computer in order for all functionality on the MM Platform to function accordingly.
  10. LINKS TO THIRD PARTY WEBSITES
    1. The MM Platform may contain links and/or references to other websites and vice versa to which any access onto any such third-party links shall not be at any point be construed to be the responsibility of MM.
    2. The User agrees that MM shall not be held responsible nor be deemed liable towards any losses and/or injuries and/or damages caused onto the User which any access through any link was done by the User’s own sole discretion.
  11. FORCE MAJEURE
    1. MM shall not be liable to the other party and shall not be deemed to be in breach of the Agreement by reason of any delay in performing or failure to perform any of its obligations under the Agreement if the delay or failure was caused by an event of force majeure.
    2. Without prejudice to the generality of the foregoing provision, force majeure shall include but not limited to the following:
      1. act of God, including but not limited to fires, explosions, earthquakes, drought, tidal waves and floods, or accident;
      2. war, threat of war, act of terrorism or threat of terrorism, sabotage, insurrection, civil disturbance or requisition;
      3. restrictions imposed by any law, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority;
      4. interruption of traffic, strikes, lock-outs, or other industrial actions or trade disputes (whether involving the employees of MM or third party);
      5. breakdown of internet services for any reason whatsoever, save for the willful misconduct of MM;
      6. other unforeseeable circumstances beyond the control of the Party against which it would have been unreasonable for the affected Party to take precautions and which the affected Party cannot avoid even by using its best efforts.
    3. MoneyMatch shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to an event of force majeure.
    4. Upon the occurrence of an event of force majeure, MM may at its options do any of the following:
      1. fully or partially suspend delivery and/or performance of its obligations under the Agreement when such event of force majeure continues; or
      2. terminate the Agreement with immediate effect by written notice to the User and MM shall not be liable for any loss, damage, penalty, demand, claim, fines, costs and expenses suffered or incurred by the User as a result thereof.
  12. PERSONAL DATA PROTECTION
    1. The User hereby agrees that MM may collect, store, process, disclose, access, review and/or use personal data about the User, whether obtained from the User or from other sources, in accordance with the Privacy Act 2020, as well as the Privacy Policy of MM made available on the MM Platform.
    2. The User by accessing and using the MM Platform consents that he has read, understood and consents to the Privacy Policy adopted by MM.
  13. INDEMNITY
    1. The User shall, at all times, defend, indemnify and keep indemnified MM in full for all losses, costs, expenses, claims, demands, awards, fines, penalties, liabilities of whatsoever nature (whether present, future, contingent or otherwise and including legal fees on a full indemnity basis) and howsoever arising, which may be sustained, suffered or incurred by MM as a result of the following:
      1. any act or omission of the User, including the use of the MM Platform;
      2. any breach, potential breach or threatened breach of the User’s obligations under the Agreement or any statutory requirement, duty or law; and/or
      3. the User’s fraud, misconduct or misuse of any technology or any Intellectual Property rights under the Agreement.
    2. The User agrees and undertakes to pay on demand, any amounts owed pursuant to this Clause.
  14. LIABILITIES
    1. In no event shall MM, its officers and employees be liable to the User for any loss of business, profits, revenue or goodwill, and any indirect, consequential, special, exemplary or punitive losses or damages, whether arising from negligence, breach of contract or otherwise.
    2. The User agrees that MM shall not be liable for any loss, liability, damages, costs or expenses of any kind incurred by the User in connection with any unauthorized use of the MM Platform, any use, delay or inability to use the MM Platform, and/or the inability to obtain access to or to transact over the MM Platform.
    3. MM shall in no manner be responsible for the conduct of any User and shall not be liable for any action or proceedings taken by any User against any other party, and vice versa.
    4. In the event MM is liable for damages, the User agrees that MM’s aggregate liabilities to the User for any and all damages, losses and causes of action in relation to, arising out of or in connection with the Agreement and/or the MM Platform shall not exceed NZD100.00.
  15. RELATIONSHIP OF PARTIES
    1. Nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between the Parties. No Party has authority to enter into agreements of any kind on behalf of the other Party.
  16. REMEDIES
    1. No remedy conferred by any of the provisions of the Agreement is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by any of the Parties shall not constitute a waiver by such Party of the right to pursue any other available remedies.
    2. No failure on the part of any Party to exercise and no delay on the part of any Party in exercising any right under the Agreement will operate as a release or waiver thereof, nor will any single or partial exercise of any right under the Agreement preclude any other or further exercise of it.
  17. VARIATIONS
    1. MM reserves the right to amend, vary and/or supplement the Agreement from time to time. The User shall be notified of any amendments of the Agreement via announcement on the MM Platform.
    2. The User’s continued use of the MM Platform on or after the date on which any amendments, variations and/or supplements come into effect shall be construed as the User’s agreement to be bound by the amended Terms and Conditions.
  18. NOTICES
    1. The communications between MM and the User and between the Users shall be made through the MM Platform.
    2. In certain circumstances where MM considers that a termination event may have occurred, MM may give any notice required under the Agreement in writing and arrange for it to be mailed or personally delivered or faxed or emailed to the recipient at the current address held in MM’s record.
    3. All notices and communications are effective upon delivery.
  19. BINDING EFFECT
    1. The Agreement shall be binding upon the respective successors-in-title and permitted assigns of the Parties.
    2. The User shall not assign or transfer its rights, title, interests and benefits under these Terms and Conditions or any of its liabilities and obligations hereunder without the prior written consent of MM.
  20. INVALIDITY AND SEVERABILITY
    1. If any provision of the Agreement or part thereof is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be illegal, void, invalid, prohibited or unenforceable then:
      1. such provision or part thereof shall be read down or severed only to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
      2. the illegality, voidness, invalidity, prohibition or unenforceability of any provision or part thereof in any jurisdiction shall not affect the legality, validity or enforceability of any other provision or of that provision in any other jurisdiction, and the remaining provisions of the Agreement shall remain in full force and effect; and
      3. the Parties shall use their respective best endeavours to negotiate and agree on a substitute provision which is valid and enforceable and achieves to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.
  21. ENTIRE AGREEMENT
    1. The Parties hereby agree that the provisions contained in the Agreement shall constitute the entire agreement between the Parties in respect of the subject matter of the Agreement and supersede all previous memoranda, expectations, understandings, communications, representations and agreements whether oral or written between them in respect of the subject matter hereof.
  22. GOVERNING LAW AND DISPUTE RESOLUTION
    1. The Agreement shall be governed by and construed in accordance with the laws of New Zealand.
    2. Any dispute between the Users and MoneyMatch in connection with the Services and/or this Agreement shall be brought in the courts of New Zealand.