End User Terms and Conditions of Use

Money Supply Co. Limited

Important – Read Carefully Before Accepting These Terms and Conditions
If You do not accept these Terms and Conditions You must not click “I Agree” stating You agree to be bound by these Terms and Conditions nor should You click “I Agree” stating that You have read and agree to the terms of the Privacy Policy of the Company (which is available on the Company’s
website).
On acceptance of these Terms and Conditions the Agreement will be finalised and the following provisions shall apply to the relationship between You and the Company. These Terms and Conditions (“Agreement”) constitute a legally binding agreement between the End User (an individual consumer, small business, corporation or other entity that registers for the Service by submitting credentials and accepting this Agreement, “You”, “End User”, “Customer”) and Credit Sense Australia Pty Ltd ACN 163 577 768 (“Company”). The purpose of this Agreement is to regulate the legal relationship between You and the Company in relation to Your use of the Service (defined below).
The parties hereby agree as follows:

1. Definitions

1.1 “Aggregated Data” means Customer Data and usage information that has been stripped of all personally identifiable information.
1.2 “Credit Provider” means the credit provider you have applied for credit from, or other business You have authorised, in connection with Your request for the Service.
1.3 “Customer Data” means a Customer’s account information, account access information, registration information and Content, as provided by You or as You have consented to the Company obtaining or accessing under this Agreement.
1.4 “Service(s)” means the provision of Your Customer Data by the Company to a Credit Provider to enable assessment by the Credit Provider of Your financial circumstances.
1.5 “Working Day” means a day (other than a Saturday, Sunday or public holiday) on which registered banks are open for business in both New Plymouth and Auckland.

2. Services

2.1 The Company will provide the Services.
2.2 To enable the Company to provide the Services:
(a) Provide Accurate Information. You, the End User, agree to provide true, accurate,
current and complete information about Yourself and Your accounts maintained at other
web sites and You agree to not misrepresent Your identity or Your account information. You
agree to keep Your account information up to date and accurate.
(b) Proprietary Rights. You may not copy, reproduce, distribute, or create derivative works
from the Service however those may be obtained. Further, You agree not to reverse
engineer or reverse compile any of the Service technology, including but not limited to, any
Java applets associated with the Service.
(c) Content You Provide. By entering into this Agreement You are licensing to the Company
and its service providers (“Service Provider”), any information, data, passwords, materials
or other content (collectively, “Content”) You provide through or to the Service. The
Company and the Service Provider may use, modify, display, distribute and create new
material using such Content to provide the Service to You or on Your behalf to the Credit
Provider. By submitting Content, You automatically agree, or promise that the owner of
such Content has expressly agreed that, without any particular time limit, and without the
payment of any fees, the Company and the Service Provider may use the Content for the
purposes set out above. As between the Company and any Service Provider, the
Company owns Your confidential account information. In the event that the Credit Provider
declines to provide you with credit or other goods or services at any point and you have
authorised the Credit Provider to distribute the Customer Data to other Credit Providers,
You consent and authorise the Company to provide or facilitate the provision of Your
Customer Data to other Credit Providers. Unless You advise the Company in writing it may
rely on the representation of the Credit Provider that You have authorised the Company to
distribute Your Customer Data.
(d) Third Party Accounts. By using the Service, You authorise the Company and any Service
Provider to access third party sites designated by You, on Your behalf, to retrieve
information requested by You, and to register for accounts requested by You. For all
purposes hereof, You hereby grant the Company and any Service Provider a limited power
of attorney, and You hereby appoint the Company and any Service Provider as Your true
and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for
You and in Your name, place and stead, in any and all capacities, to access third party
internet sites, servers or documents, retrieve information, and use Your information, all as
described above, with the full power and authority to do and perform each and every act
and thing requisite and necessary to be done in connection with such activities, as fully
to all intents and purposes as You might or could do in person. YOU ACKNOWLEDGE
AND AGREE THAT WHEN THE COMPANY OR ANY SERVICE PROVIDER ACCESSES
AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, THE COMPANY AND
ANY SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR
ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be
entitled to rely on the foregoing authorisation, agency and power of attorney granted by
You. You understand and agree that the Service is not endorsed or sponsored by any third
party account providers accessible through the Service.

3. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
3.1 To the maximum extent permissible under law, and in particular without prejudice to Your
rights pursuant to the Consumer Guarantees Act 1993 and the Fair Trading Act 1986:
(a) YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE
FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ANY SERVICE PROVIDER
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF
THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) BY PROVIDING INFORMATION (INCLUDING CREDENTIALS/PASSCODES) TO THE COMPANY FOR THE PURPOSES OF USING THE SERVICE, YOU MAY BE IN
BREACH OF YOUR BANK OR OTHER SERVICE PROVIDERS POLICIES. THE COMPANY DOES NOT GIVE ANY INDEMNITY FOR ANY BREACH YOU MAY OR MAY
NOT BE CONSIDERED TO HAVE MADE.
(c) THE COMPANY AND ANY SERVICE PROVIDER MAKE NO WARRANTY THAT:
i. THE SERVICE WILL MEET YOUR REQUIREMENTS;
ii. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE;
iii. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
iv. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR
v. ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
3.2 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

4. Limitation of Liability

4.1 To the maximum extent permissible under law, and in particular without prejudice to Your rights pursuant to the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, You agree that neither the company or any service provider nor any of their affiliates, account providers or any
of their affiliates will be liable for any harm, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if Company or Service Provider has been advised of the possibility of such damages, resulting from:
(a) The use or the inability to use the Service;
(b) The cost of getting substitute goods and services;
(c) Any products, data, information or services purchased or obtained or messages received
or transactions entered into, through or from the Service;
(d) Unauthorized access to or alteration of Your transmissions or data;
(e) Statements or conduct of anyone on the Service;
(f) The use, inability to use, unauthorised use, performance or non-performance of any third
party account provider site, even if the provider has been advised previously of the
possibility of such damages; or
(g) Any other matter relating to the Service

5. Indemnification

5.1 You agree to protect and fully compensate the Company and any Service Provider and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable solicitors fees) caused by or arising from Your use of the Service, Your violation of the terms of this Agreement or Your infringement, or infringement by any other user of Your account, of any intellectual property or other right of anyone.
5.2 You agree that any Service Provider is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if that Service Provider were a party to this Agreement.

6. Protected Information

6.1 Privacy Policy. The Company’s privacy policy (which is available on the Company’s website) shall govern the use of all Customer Data.
6.2 Permitted Uses of Customer Data. The Company and any Service Provider may: (a) use Customer Data internally to provide and improve the Services; (b) to the extent permitted by law, use, sell, license, distribute and disclose Aggregated Data; (c) to perform fraud screening, verify identities, and verify information. The Company and any Service Provider who has access to Customer Data will not disclose Customer Data to any third party other than
Aggregated Data.

7. Miscellaneous

7.1 Assignment. The Company may assign or delegate this Agreement or any of its rights or duties hereunder, directly or indirectly without Your consent. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties and their successors and assigns.
7.2 Jurisdiction. This Agreement shall be governed by the laws of New Zealand.
7.3 Notices, etc. Any notice, notification, demand or request provided or permitted to be given under this Agreement must be in writing and will have been deemed to have been properly given, unless explicitly stated otherwise, if sent by (i) overnight courier (signature required), (ii) registered or certified mail, postage prepaid, return receipt requested, (iii) facsimile with receipt of a “Transmission OK” acknowledgment confirmation during normal business hours to the place of business of the recipient, or (iv) personal delivery with a signed receipt. In the case delivery by facsimile the notice must be followed by a copy of the notice being delivered by a means provided in clauses (i), (ii) or (iv). All notices, notifications, demands or requests so given will be deemed given and received (A) if mailed, two (2) Working Days after being deposited in the mail, (B) if sent via overnight courier, the next Working Day after being
deposited, (C) if facsimiled, the next Working Day after being sent by facsimile, and (D) if personally delivered, when delivered.
The address for notices to Company is:
c/- Quinlaw Barristers & Solicitors
11 Robe Street
PO Box 3119 New Plymouth 4340
New Zealand
7.4 Severability. If any provision of this Agreement shall be held by a court of competent
jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best
accomplish the objectives of the original provision to the fullest extent allowed by law and the
remaining provisions of this Agreement shall remain in full force and effect.