Website & Online Services Terms and Conditions • InDebted (New Zealand)
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Website & Online Services Terms and Conditions

Updated 16 April 2021

1. Introduction

  1. These terms and conditions shall govern your use of InDebted entities websites as outlined below (this “website”) owned and operated by the following entities and their related bodies corporate:

    1. InDebted Australia Pty Ltd (ACN 613 132 951), Australian Credit Licence 522850 (“InDebted Aus”);

    2. InDebted Platform Co UK Limited (Company Registration Number 12253462) (“InDebted UK”);

    3. InDebted New Zealand Ltd (Company Registration Number 7686518) (“InDebted NZ”); 

    4. InDebted Canada Ltd (Corporation Number 1180527-4) (“InDebted Canada”); and

    5. InDebted USA, Inc. (EIN number 27-0504127) (“InDebted USA”),

    together and each to be referred to as InDebted in these terms and conditions.

  2. "We", "us", and "our" refers to InDebted and it includes associated entities and related companies and all staff, contractors and agents of InDebted.

  3. References to InDebted includes associated entities and related companies and all staff, contractors and agents of InDebted.

  4. These terms and conditions also set out the terms and conditions for InDebted online, mobile and tablet online access services (“online services”). Our online services are an online system access service that lets you check information about payment arrangements that you enter into with us and make the relevant payments. Our online services offer you the convenience of conducting most of your payments and payment arrangements at a time that suits you. 

  5. To report suspected unauthorised access or a security breach to your online services please contact us via the 'Contact Us' link on our website. 

  6. Your access to this website and our online services is subject to these terms and conditions, InDebted’s privacy policy disclosed on our website, notices, disclaimers, any other terms and conditions or other statements contained on this website, and, if you use any of the services identified on this website and online services, including our debt collection and account recovery services (“services”) for which additional or alternative terms and conditions that are included on our website or online services portal are referred to, then those additional terms and conditions and these terms and condition will be referred to collectively as "terms and conditions"). 

  7. By accessing, viewing or using our website or our services, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

  8. These terms and conditions form the terms and conditions of the contract between you and us if you decide to access our website and open and use our online services. These terms and conditions become binding once you access our website and we give you online services and you accept and use such access method.

  9. We may change these terms and conditions at our sole discretion and without notice. By continuing to use this website you accept the terms and conditions as they apply from time to time.

  10. You agree that where InDebted is required, by law or otherwise, to provide you with a document, you consent to the provision of that document electronically through the links on this website or via any other digital method. We suggest that you print a copy of the document, or file it electronically, for future reference. 

  11. If you register with our website, submit any material to our website or use any of our website services, we may ask you to expressly agree to these terms and conditions.

  12. Our website may use cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our cookies policy.

2. Copyright notice

  1. Copyright (c) InDebted 2021. All rights reserved.

  2. Subject to the express provisions of these terms and conditions:

    1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website;

    2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.

    3. our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights; and

    4. all third party trademarks appearing on this website belong to their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

3. Licence to use website

  1. You may:

    1. view pages from our website in a web browser;

    2. download pages from our website for caching in a web browser;

    3. print pages from our website;

    4. stream audio and video files from our website; and

    5. use our website services by means of a web browser,

    for your non-commercial, personal or internal business use, subject to the other provisions of these terms and conditions.

  2. You must obtain our prior written permission if you would like to use, copy or reproduce any part of the website for any other purpose.

  3. Except as expressly permitted by section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

  4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

  5. Unless you own or control the relevant rights in the material, you must not:

    1. republish material from our website (including republication on another website);

    2. sell, rent or sub-license material from our website;

    3. show any material from our website in public;

    4. exploit material from our website for a commercial purpose; or

    5. redistribute material from our website.

  6. Notwithstanding section 3.5, you may redistribute our newsletter or any blogs in print and electronic form to any person.

  7. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

  1. You must not:

    1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

    2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

    3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

    4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

    5. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

    6. violate the directives set out in the robots.txt file for our website; or

    7. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

  2. You must not use data collected from our website to contact individuals, companies or other persons or entities.

  3. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Online Services

  1. To be eligible to use our online services on our website so you can access our services, you must be resident or situated in:

    1. Australia to be able to use our online services on our website www.indebted.co/;

    2. New Zealand to be able to use our online services on our website www.indebted.co/en-nz/;

    3. Canada to be able to use our online services on our website www.indebted.co/en-ca/;

    4. United States of America to use our online services on our website www.indebted.co/en-us/; and

    5. United Kingdom to use our online services on our website www.indebted.co/en-uk/.

  2. To access our online services via our website (as per section 5.1 above) you will receive a message that contains a unique secure code that will take you to the online services. All actions taken by you with respect of that unique secure code are tracked at the secure code level.

  3. You warrant that any information you give to InDebted will be accurate, correct and up to date and that we will collect, handle and process such information if it is personal information in accordance with our privacy policy disclosed on our website.

  4. You may not access our online services if:

    1. you are not over the age of 18;

    2. you are unable to legally form a binding contract with InDebted; or

    3. you are a person barred from receiving the services under the laws of the country in which you are resident or from which you use the services. 

  5. You must keep your unique secure code confidential and not allow any other person to use your unique secure code to access the online services.

  6. Any use of your online services by any other person, or third parties, is strictly prohibited. You agree to immediately notify InDebted of any unauthorised use of your online services or any breach of security of which you have become aware.

  7. You are responsible for any activity on our online services arising out of any failure to keep your unique secure code confidential, you are responsible for their misuse if you do not and may be held liable for any losses arising out of such a failure.

  8. By accessing the online services, you agree to comply with the following: 

    1. you will use the online services only for purposes that the services are provided for;

    2. in accordance with these terms and conditions; and

    3. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

6. Use on behalf of an organisation

  1. If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by doing so you bind both:

    1. yourself; and

    2. the person, company or other legal entity that operates that business or organisational project,

    to these terms and conditions, and in these circumstances’ references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

7. Online Risks

  1. There may be a risk that you may not be able to access your online services which is reliant on computer and/or telecommunications systems.

  2. InDebted is dependent on the reliability of its own operational processes and those of its technology and telecommunications partners in respect of computers, computer networks and telecommunications.

  3. Disruptions to these processes may result in your online services being unavailable from time to time. 

8. Legal Risk 

  1. The jurisdictions (namely Australia, New Zealand, Canada, United Kingdom and United States of America) that InDebted operates in are member states of the United Nations, and as result we are obliged to comply with United Nations Security Council sanctions. Consequently, InDebted may be prohibited from dealing with certain persons or entities. This means that if we become aware that you are a Prohibited Person or entity, then we may be required to suspend, cancel or refuse you services or close or terminate any arrangement with you. 

  2. For the purposes of section 8.1 above a “Prohibited Person” is defined as a person who appears to us either:

    1. to be a proscribed person or entity under the Charter of the United Nations Act 1945 (Cth);

    2. to be in breach of the laws of any jurisdiction relating to money laundering or counter-terrorism;

    3. to appear in a list of persons with whom dealings are proscribed by the government or a regulatory authority of any jurisdiction; or

    4. act on behalf, or for the benefit of, a person listed in subclauses (a) – (c).

  3. To manage our compliance with international laws and our financial and regulatory risk, we can also suspend or terminate the provision of a product and service to you while you are within sanctioned countries.

9. Cancellation and suspension of your access to the online services

  1. We may:

    1. alter your access to the online services;

    2. temporarily suspend your access to the online services; and/or

    3. cancel your access to the online services,

    at any time in our sole discretion, providing that if we cancel any of our services and you have not breached these terms and conditions, if not prohibited by law we will give you reasonable written notice of any cancellation.

  2. We can also cancel any access method of our online services without notice if:

    1. we think your online services are being used unlawfully including fraudulently or in a way that might cause you or us to lose money; or

    2. we consider doing so is reasonably necessary, for example, to comply with laws, card scheme rules, manage business or regulatory risk.

  3. We will be under no liability to you if we do any or all of these things.

10. Sending you electronic communications

  1. We will provide notices electronically to you if not required by law that we deliver such notices to you by some other communication method.

  2. We will give you your notices electronically through:

    1. your online services or we may post the notice on our website;

    2. email to an email address either your creditor or you have given us for contacting you;

    3. SMS message to a mobile telephone number either your creditor or you have given us for contacting you; or

    4. push notification from the InDebted App that the information is available for retrieval by you; or

    5. any other means we agree with you or notify you that we will use to communicate with you.

  3. We record that you received an electronic notice on the day that we send our notification to your email address.

11. Receiving your electronic communications and agreements

  1. All communications and acceptances, including electronically signed documents, received by us from any person using your online services are deemed to be authorised by you unless you can prove that you did not authorise the person and that:

    1. without your knowledge your electronic equipment has been taken over by use of malware despite you having up to date antivirus, antimalware and firewall software installed on your electronic equipment; or

    2. the person gained access to your online services without your approval despite you taking all reasonable precautions to prevent such access; and

    3. you did not unreasonably delay in reporting to us the compromise of your electronic equipment or the loss, theft or misuse of your unique secure code. 

  2. If you agree to enter into agreements electronically or to electronically sign documents, you must do everything you can reasonably do to protect your unique secure code from becoming known to any other person including by installing and maintaining up to date antivirus, antimalware and firewall software on your electronic equipment.

  3. You must not disclose your unique secured code to any other person. 

12. Legal Disclaimers

  1. General information 

    The content on our website is intended only to provide general information about InDebted’s services, a summary and general overview on matters of interest. This information does not constitute an offer or inducement to enter into a legally binding contract unless you access our online services for the provision of our services. Except for the provision of the services any other information contained in our website is designed to be used as a general guide only and does not take your personal needs, objectives and circumstances into account.

  2. Professional advice

    You should always obtain legal or other professional advice, appropriate to your own circumstances, before acting or relying on any information contained on this website. 

13. Limited warranties

  1. We do not warrant or represent:

    1. the completeness or accuracy of the information published on our website;

    2. that the material on the website is up to date; or

    3. that the website or any service on the website will remain available,

    the website is provided on an “as is”, “as available” basis and you acknowledge and agree that to the extent permitted by law, and subject to section 14 below without representations, warranties or guarantees in relation to the availability, suitability continuity, reliability, accuracy, currency, completeness or security of this website. 

  2. We reserve the right to change or alter any or all of our website services by appropriate action of InDebted, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions.

  3. We will not be liable if this website (or any content made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if this website, or any services provided or made available through it, are unavailable for any reason, including directly or indirectly as a result of:

    1. telecommunications unavailability, interruption, delay, bottleneck, failure or fault;

    2. negligent, malicious or willful acts or omissions of third parties (including our third party service providers);

    3. maintenance or repairs carried out by us or any third party service provider in respect of any of the systems used in connection with the provision of this website;

    4. any events beyond our control; or

    5. services provided by third parties ceasing or becoming unavailable.

  4. Any publication on our website or these terms and conditions are not intended to be a contract, explicit or implied, and InDebted reserves the right to make changes in the information contained.

  5. You also acknowledge and agree that to the extent possible under the law, and subject to section 14 below, we do not represent, warrant or guarantee that this website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

14. Limitations and Exclusions of liability

  1. Nothing in these terms and conditions will:

    1. limit or exclude any liability for death or personal injury resulting from negligence;

    2. limit or exclude any liability for fraud or fraudulent misrepresentation;

    3. limit any liabilities in any way that is not permitted under applicable law; or

    4. exclude any liabilities that may not be excluded under applicable law of the jurisdiction that the website represents and operates in,

    and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

  2. The limitations and exclusions of liability set out in this section 14 and elsewhere in these terms and conditions:

    1. are subject to section 14.1; and

    2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

  3. Neither InDebted nor any of their directors, employees and associates guarantees the security of this website, gives any warranty of reliability or accuracy nor accepts any responsibility arising in any other way including by reason of negligence for, errors in, or omissions from, the information on this website and does not accept any liability for any loss or damage, however caused, as a result of any person relying on any information on the website or being unable to access this website.

  4. InDebted's total liability arising out of or in connection with the services or these terms and conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the services to you.

  5. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

  6. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

  7. For Australia, this disclaimer is subject to any applicable contrary provisions of the Australian Securities and Investments Commission Act 2001 (Cth)) and Competition and Consumer Act 2010 (Cth).

  8. For New Zealand, this disclaimer is subject to any applicable contrary provisions of the Consumer Guarantees Act.

  9. For Canada, this disclaimer is subject to any applicable contrary provisions of applicable federal, provincial and territorial Consumer Protection Laws.

  10. For United Kingdom, this disclaimer is subject to any applicable contrary provisions of the Consumer Protection Act 1987, the Consumer Rights Act 2015 and the Unfair Contract Terms Act 1977.

  11. For United States of America, this disclaimer is subject to any applicable contrary provisions of The Consumer Credit Protection Act which is enforced by the Federal Trade Commission and any additional states consumer protection laws that protect consumers and are applicable to our services.

  12. We exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person in connection with or in any way relating to the website or any content or services provided or made available through the website; 

    1. we will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control; and

    2. we will not be liable to you in respect of any loss or corruption of any data, database or software.

15. Third party links

  1. Our website (or social media websites on which we maintain a presence) may contain links to other sites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. 

  2. By accessing these third party sites, you agree to any terms of access or use imposed by those sites. 

  3. Reference to any services, hypertext link to the third parties or other information by trade name, trademark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by us. Nor is endorsement of us implied by such links. They are for convenience only, as an index in a public library.

16. Disclaimer for liability for services or third parties

  1. In connection with its advice and services (including any services provided through this website), InDebted uses software, systems, technology, products and services supplied by third parties (whether disclosed or not). This includes information management systems, portfolio management systems and on–line information access systems (“Third Party Services”).

  2. To the maximum extent permitted by law, InDebted:

    1. does not give any warranty in relation to Third Party Services, including any warranty as to features, performance or fitness for purpose of Third Party Services; and

    2. shall not be liable for any claim, action or breach arising in relation to Third Party Services.

17. Breaches of these terms and conditions

  1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

    1. send you one or more formal warnings;

    2. temporarily suspend your access to our website or the services;

    3. permanently prohibit you from accessing our website;

    4. block computers using your IP address from accessing our website;

    5. contact any or all of your internet service providers and request that they block your access to our website;

    6. commence legal action against you, whether for breach of contract or otherwise; and/or

    7. suspend or delete your access to our online services on our website or our services.

  2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.

18. Termination of the Services

  1. InDebted may at any time, terminate the services provided to you if: 

    1. you have breached any provision of these terms and conditions or the terms of the services;

    2. InDebted is required to do so by law; or

    3. the provision of the services to you by InDebted is, in the opinion of InDebted, no longer commercially viable. 

19. Indemnity

  1. You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or the services or any breach by you of any provision of these terms and conditions or your employees, contractors or representatives.

20. What to do if you have a complaint

  1. We accept that sometimes we can get things wrong, and when this happens, we’re determined to make them right again. 

  2. Most problems can be resolved quickly and simply by talking with us. You can contact us via the 'Contact Us' link on our website.

  3. If an issue has not been resolved to your satisfaction, we will handle your complaint in accordance with our complaints policy on our website.

21. Updating your contact details

  1. Email address

    You need to keep your email address current. You may update your email address by contacting us. If you don't provide us with a correct email address, we may not provide you with access to our online services because you may not receive important information from us.

  2. Mobile phone number

    1. We may use your mobile phone number to send you SMS Codes and any information relevant to your online services.

    2. If you don't provide us with your correct mobile phone number, you may not be notified of important information relevant to the use of SMS Codes.

    3. You need to keep your mobile phone number current. If you update or no longer use your mobile phone number, you must contact us, and you may need to re-register for the online services that we provide.

22. Law and jurisdiction

  1. These terms and conditions shall be governed by and construed in accordance with the laws where the services are being provided to you or the website that you are accessing, if you are accessing the:

    1. Australian website – www.indebted.co, then Australian law will apply depending on the State or Territory that you reside in or applicable to the services;

    2. New Zealand website – www.indebted.co/en-nz/ then New Zealand Law will apply;

    3. Canadian website – www.indebted.co/en-ca/ then Canadian law will apply depending on the Province or Territory that you reside in or applicable to the services;

    4. United States of America website – www.indebted.co/en-us/, then US law will apply depending on the State that you reside in or applicable to the services; and

    5. United Kingdom website – www.indebted.co/en-uk/, then UK law will apply depending on where in the United Kingdom you reside in or applicable to the services

  2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the applicable jurisdiction subject to section 22.1 above.

23. Assignment

  1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions, providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

  2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 

24. Severability

  1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

  2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

25. Third party rights

  1. A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

  2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

26. Entire agreement

  1. These terms and conditions, together with our privacy policy disclosed on our website, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

27. Variation

  1. We may revise these terms and conditions from time to time.

  2. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

28. Statutory and regulatory disclosures

  1. We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

29. Our details

  1. This website is owned and operated by InDebted and you can contact us via the 'Contact Us' link on our website.

  2. These terms and conditions are Version 3.0, dated 16 April 2021.