1. Welcome to SavvyKiwi, where we help you get savvy about KiwiSaver. These are our terms ("Terms")
1.1 SavvyKiwi is an online tool to help you track, understand and compare KiwiSaver investments, provided by SavvyKiwi Limited and our related companies ("us", "we") at savvykiwi.co.nz (the "Website") and through our SavvyKiwi mobile application (the "App").
1.2 These Terms apply to your use of the Website and the App. By accessing the Website and the App, the person entering into these Terms as a user of the Website or the App, together with all individual users accessing the Website or the App on that person's behalf (together, "you") accept and agree to be bound by these Terms. If you do not accept these Terms, you should not use the Website or the App.
1.4 Additional terms may apply to specific services provided through or on the Website or the App. Where we indicate that additional terms apply, you must read these Terms in conjunction with those additional terms. If there is any inconsistency between these Terms and those additional terms, the additional terms will prevail (unless we expressly tell you otherwise).
2. We can amend these Terms
2.1 We can amend these Terms at any time. Amendments will be effective immediately when posted on the Website. We will try and give you notice of any amendments, however you are responsible for ensuring you are familiar with the latest Terms. By continuing to use the Website or the App, you agree to be bound by the Terms as amended. You can always find the current version of the Terms here.
3. Don't use SavvyKiwi for an illegal or harmful purpose
3.1 You agree to only use the Website and the App in a way that complies with all applicable laws and regulations and in a way that does not infringe on our rights.
3.2 Without limiting clause 3.1, in particular, you agree that you will not do any of the following and will not attempt to or knowingly allow any person to, do any of the following:
(a) submit false or misleading information;
(b) damage or harm the Website or the App, or any underlying or connected network or system;
(c) use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access the Website or the App or content featured on it for any purpose;
(d) introduce any viruses, content or code to the Website or the App that is technologically harmful;
(e) use the Website or the App to do anything unlawful, misleading, malicious, or discriminatory;
(f) do anything that could disable, overburden, or impair the proper working of the Website or the App, such as a denial of service attack;
(g) facilitate or encourage any violations of these Terms; or
(h) solicit log in information or access an account belonging to someone else without their express permission.
3.3 You are responsible for all activity resulting from your use of the Website and the App. You indemnify us, and will keep us indemnified, against all forms of liability, actions, proceedings, demands, costs, changes and expenses which we may incur or be subject to or suffer as a result of your use of the Website or the App.
3.4 Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms, we may:
(a) issue a warning to you;
(b) limit your activities on the Website and the App;
(c) suspend or cancel your access to the Website and the App; or
(d) co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone breaching these Terms.
4. Treat SavvyKiwi as a guide only. Seek professional advice
4.1 The information and tools provided by the Website and through the App should not be your sole source of information when you are making investmentdecisions. They should be treated as a guide only.
4.2 The information we provide is not financial advice for the purposes of the Financial Advisers Act 2008 and does not constitute an opinion or recommendation to invest in any one KiwiSaver scheme. In providing information on KiwiSaver schemes we do not take into account your specific investment objectives, financial situation or particular needs. If you are seeking guidance on investment, we strongly recommend that you speak with a qualified financial adviser before making any decisions. Most financial advisers or their employers will be registered on the Register of Financial Service Providers, which you can access at www.fspr.org.nz. You can find more general information about financial advisers and their obligations to clients at the Financial Market Authority's website at www.fma.govt.nz.
4.3 In order to provide the Website and the App, we collect data and information from a number of sources. A significant portion of this data and information comes directly from KiwiSaver providers and publicly available documents issued by those providers, like quarterly disclosure statements. Although we will do our best to update this information regularly, we do not warrant that the data and information provided on the Website and the App is correct, complete, comprehensive, accurate or timely.
4.4 Currently, we source historical performance data from Morningstar Inc ("Morningstar"). Where we present information that uses data or information extracted from Morningstar, that information is subject to Morningstar's disclosure and disclaimer, which can be found here http://www.morningstar.co.nz/NZAbout/Disclaimer. Please read the Morningstar disclosure and disclaimer. In particular, neither Morningstar, nor any affiliate nor content provider of Morningstar guarantees that the data or content provided by SavvyKiwi to you is complete, accurate or timely, nor will they have any liability for its use or distribution. To the extent that any information provided by Morningstar constitutes advice, it is general advice and has been prepared by Morningstar Australasia Pty Ltd and/or Morningstar Research Limited without reference to your objectives, financial situation or needs.
5. You will have to pay fees to access some SavvyKiwi services and functionality
5.1 You may access the App and use the Website without creating an account. If you wish to use certain features such as comparing the performance of your KiwiSaver scheme against other schemes, then you must create an account (it's free).
5.2 If you wish to use our premium features, like our SavvyKiwi educational videos or our KiwiSaver monitoring service, you will need to register for a premium account. The fees charged for having a premium account are as set out at ("Fees"). To register for a premium account, you must provide us with a valid credit card number or pay via the App Store. Fees are charged in advance and are non-refundable without our express written consent (acting reasonably).
5.3 Fees are subject to change at any time, however we will give you 30 days' notice of Fee changes by posting changes on the Website. If you don’t agree with the new Fees, you do not have to renew your premium account subscription. We will not be liable to you or any third party for any changes to Fees.
5.4 Fees are exclusive of all taxes (other than New Zealand GST), and you indemnify and hold us harmless against any claims by any tax authority for any underpayment of any tax or levy, and any penalties and/or interest.
6. Don't share your username and password
6.1 You warrant that you have provided complete, accurate and current personal information such as your full legal name and email address when registering for an account. You agree to maintain and promptly update your account information to ensure it is kept current.
6.2 You agree to keep your username and password secure and agree not to share your password with anyone else. We will not be liable for any loss or damage if you fail to comply with this security obligation. You agree that we are entitled to rely (without further enquiry) on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process actions or requests that you submit to the Website.
6.3 You acknowledge that the internet is inherently insecure. We will take reasonable precautions to keep your profile secure and protect it from unauthorised access. However you accept the risk that any information stored or transmitted on the internet or through email may be intercepted or subject to unauthorised access or fraudulent behaviour. If you think someone is accessing your account without your consent or if you would like to report disclosure of your account information, please contact us at firstname.lastname@example.org.
7. We can both cancel your account
7.1 You can cancel your account at any time by emailing us at email@example.com.
7.2 If you choose to cancel your account before the end of your current prepaid year, your cancellation will take effect immediately and you will not be charged again. If you have changed your mind about your purchase you will not be entitled to a refund for any fees that you have already paid, unless we agree otherwise (acting reasonably).
7.3 We reserve the right to decline to register, suspend, or cancel your account and your use of the Website and the App if we consider (in our absolute discretion) that you have breached any of these Terms. If you have registered under multiple aliases, all of these aliases will be disabled. If we suspend or cancel your account, you must not create another one without our prior approval. No refund or other credit is payable to you on cancellation unless we agree otherwise (acting reasonably).
7.4 All of your data and content may be deleted from our systems immediately upon cancellation of your account. This content cannot be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, the cancellation of your account, and it is your responsibility to ensure that you keep copies of your content or data before cancellation.
7.5 You agree that you cannot transfer, sell, lease, assign, lend or trade your account without our prior written consent.
8. This is our IP
8.1 We (and our licensors or suppliers, as the case may be) own all intellectual property rights existing in the Website and the App, including all of the content of the Website and the App (such as text, graphics, logos, icons and media), all software code underlying and forming part of the Website and the App and any improvements, enhancements, modifications or adaptions to the Website and the App.
8.2 Unless you have received our prior written permission, you agree not to, and will not permit or encourage any third party to:
(a) adapt, reproduce, modify, reverse-engineer, decompile, distribute, print, display, perform, publish or create adaptations from any part of the Website or the App; or
(b) commercialise, copy or on-sell any information or materials obtained from any part of the Website or the App.
8.3 You may view, save, copy and print any part of the Website and the App (including content) for your personal use only. You must obtain written permission from us to otherwise use, copy, modify, or distribute any part of the Website or the App (including content) in any way. If you wish to use any third party material identified as such on the Website you must obtain the prior consent of the relevant owner. This includes the content of websites you access via links from the Website. If you would like permission to use any part of the Website or the App (other than saving, copying and printing any part of the Website or the App for personal use), please contact us at firstname.lastname@example.org.
8.4 You may not publish or use the SavvyKiwi brand, branding or logos without our prior written permission.
8.5 In the event that we grant you permission to use the SavvyKiwi logo, we grant you a non-exclusive limited licence to use our logo subject to these Terms. You must comply with any instructions that we may give you from time to time about your use of our logo. Unless you have our express written consent, you must not (a) alter our logo in any way; (b) use our logo in a way that suggests any type of association or partnership with us; (c) use our logo in a way that is harmful, deceptive, obscene or otherwise objectionable to the average person; or (d) use our logo to, or in connection with, content that disparages us or damages our reputation.
9. SavvyKiwi might not always be perfect
9.1 We will take reasonable care in providing you the Website and App, however they are provided on an "as is" and "as available" basis. Use of them is at your sole risk.
9.2 We will try to promptly address (during normal business hours) all technical issues that arise in connection with the Website and the App, however there may be times when the Website or the App are inaccessible.
9.3 From time to time, we may issue an update to the Website or the App which may add, modify and/or remove features. We will endeavour to let you know about these changes in advance, but these updates may be pushed out automatically with little or no notice.
9.4 New Zealand consumer law provides you with some rights and protections when you buy a product or service. You can find our more here http://www.consumeraffairs.govt.nz/for-consumers. Other than mandatory guarantees and protections provided to you by consumer law, we disclaim and exclude all implied conditions and warranties. To avoid doubt, we do not warrant that: (a) the Website or the App will meet your specific requirements or be complete, accurate, reliable or timely – the purpose of SavvyKiwi is to provide generic KiwiSaver information only; (b) the Website or the App will be uninterrupted, secure, or error free; (c) the quality of any services, information or other material will meet your specific expectations; or (d) all errors in the Website or the App will be corrected.
9.5 We may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide the Website and the App. Other users have access to the Website and the App. The acts and omissions of those third party suppliers and other users may be outside of our control, and we do not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier or other user.
9.6 To the maximum extent permitted by law we will not be liable for any loss or damages resulting from your use of, or inability to use, the Website or the App, whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. To avoid doubt, will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, income, anticipated savings, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages).
9.7 In any event, you agree that our total liability will be limited to the amount of Fees paid by you.
10. Just because we provide links to websites doesn't mean we endorse them
10.1 The Website and the App may enable you to access other applications and websites. Even though these applications and websites are accessible through the Website and the App, they are not owned and controlled by us. Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply that we endorse or verify such websites. Articles or reports by named authors express their own views and do not necessarily reflect our views. Accordingly, we are not responsible or liable for any loss or damage incurred by you as a result of your access to those applications and websites.
11. These additional terms apply for Apple App Store downloads
11.1 If you have downloaded the App from the Apple App Store, the following additional terms in this clause apply.
11.2 This agreement is solely between us and you, and not with Apple. We (and not Apple) are solely responsible for the App and its content (subject to these Terms). You acknowledge that Apple has no obligation to furnish any maintenance or support services to you in connection with the App.
11.3 We grant you a non-transferable, non-exclusive licence to install and use the App on your mobile devices for your personal use, subject to these Terms.
11.4 In the event of any failure of the App to conform to any warranty that might be contained or implied into these Terms, you may notify Apple, and Apple will refund the purchase price (if any) for the App. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
11.5 Any claim in connection with the App related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by these Terms, and Apple is not responsible for such claims.
11.6 You must comply with the App Store Terms of Service, including the "Usage Rules". You must also comply with all other applicable third party terms of agreement when using the Services.
11.7 You represent and warrant that you are not located in any U.S. embargoed countries or on any U.S. Government list of prohibited or restricted parties.
11.8 Apple and its subsidiaries are third party beneficiaries to these Terms and, upon your acceptance of them, Apple will have the right to enforce these Terms against you.
11.9 All other Terms apply to your use of the App.
12. This is a legal agreement, so some general provisions apply
12.1 These Terms are governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.
12.3 If any provision of these Terms is found by a court or other competent authority to be invalid, unenforceable or in conflict with the law, that provision is limited or eliminated to the minimum extent so that the remainder of these Terms otherwise remain in full effect.
12.4 If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.
12.5 The headings used throughout these Terms are provided for your convenience and do not affect the meaning of these Terms.
13. Contact us
13.1 If you have any questions about these Terms, the practices of the Website or the App, or if you would like to give us feedback or notice, you can contact us in the following ways:
Phone: +64 21 808 856
Post: 2 Murano Place, Chatswood, Auckland, New Zealand