PLANOLITIX TERMS AND CONDITIONS

Planolitix offers Users and Financial Advisers access and use of the Planolitix Tool on these Terms. By registering your details with Planolitix you are agreeing to these Terms and our Privacy Policy, and entering into a legally binding agreement with us.

1. The PLANOLITIX TOOL

Description of the Planolitix Tool

1.1 The Planolitix Tool is an online platform which enables Financial Advisers to build profiles for Users to provide Users with financial modelling and advice. As well as this, Users may also model their own finances using the Planolitix Tool.

Planolitix is not a Financial Adviser

1.2 Planolitix is not a Financial Adviser, and:

(a) does not provide any advice or recommendations about Users’ financial positions made by Financial Advisers;

(b) does not verify information provided to Users by any Financial Adviser;

(c) is not authorised to make any representations or endorsements about or for any Financial Adviser;

(d) is not responsible for any representations, content, advice or act or omission of any Financial Adviser.

1.3 In addition to these Terms, Financial Adviser Terms will also apply to any service provided to Users by their Financial Advisers. Users acknowledge that they have read, understand and accept any relevant Financial Adviser Terms that apply to the User.

2. REGISTRATION AND ELIGIBILITY

Creating an Account

2.1 If you wish to access and use the Planolitix Tool you can do so by creating an Account and completing the related registration requirements.

2.2 You may only create an Account if you:

(a) are at least 18 years old;

(b) provide accurate, complete and truthful information, and complete the details requested under the Account creation process;

(c) provide a valid email address and password;

(d) subject to the provisions contained in our Privacy Policy, consent to us contacting you about your Account (including to verify the details you have provided to us in your Account) or the Planolitix Tool; and

(e) keep information relating to your Account up to date (including but not limited to your contact details).

Your Account security

2.3 It is your responsibility to maintain the confidentiality and security of any information that may be used to access your Account, including your password.

2.4 Importantly, you agree that you will:

(a) not share your password, login information or other security related information with any other person that may allow them to access your Account;

(b) not permit any other person to use or access your Account or login information;

(c) notify us if there has been, or you suspect there will be, any unauthorised use of your Account; and

(d) only create one Account, and will not register as a User under multiple personas (whether false or not).

Your payments

2.5 At the time you create an Account, you will be required to pay a Subscription Fee to access the Planolitix Tool. If you are offered a free trial period for the Planolitix Tool, you will be advised when the trial period expires and your access to the Planolitix Tool after that date will require payment of the Subscription Fee.

2.6 Where you choose to subscribe for ongoing access to the Planolitix Tool, you will either be invoiced, or you will be asked to provide details of your bank card or bank account number in order for us to collect your Subscription Fee payments which are payable monthly in advance. You acknowledge and agree that if the bank card or bank account details which you have provided to us change, you must promptly advise us of the new bank card or bank account details.

2.7 You acknowledge that we may change the amount of the Subscription Fee on no less than 30 days’ notice by notifying you in accordance with clause 8.3 of these Terms. If you do not accept the amended Subscription Fee, you may close your Account by notifying us in accordance with clause 4.1.

3. USE RULES

Your obligations

3.1 When you access and use the Planolitix Tool, you agree that you will:

(a) comply at all times with these Terms and with New Zealand law;

(b) not infringe on the rights of any person or entity, including without limitation Intellectual Property Rights, privacy, confidentiality and/or contractual rights through your use or input of any information, content or data;

(c) not interfere with or attempt to impair our computer systems and their integrity or security or transmit software viruses, worms, other harmful files or other malware;

(d) not use a robot, spider, scraper or other unauthorised automated means to access the Planolitix Tool or any content shown on the Planolitix Tool; and

(e) not attempt to gain unauthorised access to any part of the Planolitix Tool, including attempting to gain access to an Account other than yours.

4. TERMINATING YOUR ACCOUNT

Termination by you

You may at any time, for any reason, close your Account by contacting us and requesting for your Account to be closed. You will not be charged any further Subscription Fees from the date on which we receive your request. You may specify the effective date on which you wish your Account to be closed, which must be no later than the date on which the next Subscription Fee payment for your use of the Planolitix Tool would become due, and you acknowledge you will not be entitled to a refund or reimbursement of any unused portion of your monthly Subscription Fee.  Once your Account is closed, you will no longer be able to access or use the Planolitix Tool.

Termination, suspension or modification by us

4.2 We may refuse to create an Account for you, close your Account, or terminate, suspend or modify your access to the Planolitix Tool without giving any prior notice to you in the following circumstances:

(a) we receive a serious complaint or multiple complaints about you from any Financial Adviser, User or any other person;

(b) you breach these Terms;

(c) you impersonate another person or provide any false information when creating an Account;

(d) we consider any conduct by you puts the Planolitix Tool or any person at risk;

(e) we, in our reasonable opinion, deem your behaviour or use of the Planolitix Tool to be unacceptable;

(f) we, in our sole discretion, consider that your usage of the Planolitix Tool is excessive or abnormal, including where such usage exceeds what we consider to be normal usage patterns or is inconsistent with usage patterns or applications on which we have based our subscription pricing; and/or

(g) your conduct may, in our reasonable opinion, bring Planolitix or any Financial Adviser or User into disrepute or adversely affect either Planolitix’s or any Financial Adviser’s or User’s reputation or image.

5. INTELLECTUAL PROPERTY

Intellectual property owned by us

5.1 Planolitix (and/or its suppliers and licensors) own all Intellectual Property Rights in and to the Planolitix Tool and the software and other material underlying and forming part of the Planolitix Tool.

5.2 Unless you obtain our prior written approval, you must not use, adapt, reproduce, copy, store, distribute, publish, broadcast, display or create derivative works from any part of the Planolitix Tool.

Your licence for use of the Planolitix Tool

5.3 We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Planolitix Tool only as required for your personal or business purposes (as applicable) and as expressly permitted in these Terms.

5.4 We reserve all right, title and interest not expressly granted under this licence to the fullest extent possible under applicable laws.

6. SERVICE LIMITS, DISCLAIMERS AND LIMITATIONS OF LIABILITY

No agency

6.1 Planolitix provides an online platform for Financial Advisers and Users, and except as expressly provided for under these Terms, Planolitix is not acting as an agent for any party. A Financial Adviser is an independent operator and is not an employee, contractor or agent for Planolitix.

No responsibility or liability for conduct of Users or Financial Advisers

6.2 Planolitix is not a Financial Adviser or financial professional. Any information that Users rely on, or transactions Users enter into using the Planolitix Tool are entirely at Users’ own risk. Users are solely responsible for the actions they take in reliance on the information available on or accessed through the Planolitix Tool.

6.3 Planolitix has no responsibility and liability for:

(a) any representations, information, recommendations or advice provided by any Financial Adviser;

(b) any acts, omissions, negligence, misconduct, or breach of any duty or law by any Financial Adviser;

(c) any qualifications, skills, experience, or licences required by any Financial Adviser;

(d) the accuracy, reliability, completeness and correctness of any information (including any data, images, opinions, advice, representations and descriptions about the Planolitix Tool or any Financial Adviser) displayed, stored, described or contained on the Planolitix Tool or provided during the course of using the Planolitix Tool;

(e) any personal injuries, property damage or any other damages or expenses resulting from:

(i) Users’ or Financial Advisers’ use of the Planolitix Tool; or

(ii) any act, omission or advice of a User or a Financial Adviser;

(f) any product or service that is provided or recommended to Users by a Financial Adviser.

No endorsement or verification of Financial Advisers

6.4 Planolitix does not:

(a) endorse any information or advice provided by any Financial Adviser, including information contained on the Planolitix Tool and/or provided in the course of using the Planolitix Tool; or

(b) verify the identity of, or conduct any background or reference checks on any Financial Adviser.

No warranties

6.5 The Planolitix Tool is provided on an “as is” and “as available” basis. To the maximum extent permitted at law, Planolitix disclaims and excludes all implied conditions or warranties as to the Planolitix Tool. Without limiting the foregoing Planolitix does not:

(a) make any warranties regarding the quality or standard or the abilities, skill or experience of any Financial Adviser;

(b) warrant that the Planolitix Tool will meet your specific requirements;

(c) warrant that the Planolitix Tool will be compatible with your equipment; or

(d) warrant that the Planolitix Tool will be free from errors, loss, destruction, interruption, corruption (including corruption of data), or that the Planolitix Tool will be timely or secure.

Limitation of liability for your use of the Planolitix Tool

6.6 Except as required by law, Planolitix will not be liable or responsible for any damages arising from the use of (or inability to use) the Planolitix Tool, including any loss, costs or damages arising from any:

(a) corruption or loss of data or other information;

(b) malware that may be transmitted to your computer by use of the Planolitix Tool; or

(c) interruption, suspension or discontinuance of the Planolitix Tool.

6.7 To the maximum extent allowed under law, this limitation of liability applies to damages of any kind, including direct, indirect, consequential, incidental, loss of income, profit, data, property and claims by third parties.

6.8 Unless you are a “consumer” for the purposes of the Consumer Guarantees Act 1993, notwithstanding any other provision contained in these Terms, Planolitix’s aggregate liability to you, whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed NZD$100.

Consumer Rights

6.9 Nothing in these Terms is intended to limit or exclude Planolitix’s liability or Users’ rights if Users are a “consumer” for the purposes of the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

6.10 To the extent that you acquire and/or use the Planolitix Tool in trade (which includes for the avoidance of doubt Financial Advisers and any other adviser, organisation or entity who acquires or uses the Planolitix Tool for business purposes), you and Planolitix both confirm, acknowledge and agree that:

(a) you and Planolitix are each “in trade”;

(b) the Planolitix Tool is supplied to you and acquired by you in trade and for a business purpose; and

(c) the statutory guarantees and implied terms, covenants and conditions contained in the Consumer Guarantees Act 1993 are excluded from these Terms to the fullest extent permitted at law.

7. SECURITY AND PRIVACY

7.1 Subject to clause 6.5(d), Planolitix will maintain reasonable safeguards against the destruction, loss, alteration or unauthorised access of Users’ data and information in accordance with law.

7.2 These Terms are subject to our Privacy Policy, which governs our use of Users’ information. By using the Planolitix Tool, Users agree and consent to the collection, use, storage, disclosure and distribution of personal information and data in accordance with the terms of our Privacy Policy.

8. GENERAL TERMS

Force majeure

8.1 Planolitix has no liability to you for any lack of performance, unavailability or failure of the Planolitix Tool, or failure to comply with these Terms where the same arises from any cause reasonably beyond the control of Planolitix.

Notification of changes to these Terms

8.2 We may amend these Terms from time to time by posting the revised version on our Website and/or on the Planolitix Tool. We will endeavour to provide you with reasonable notice of any changes by push notification, email, or by posting a notice on our Website and/or the Planolitix Tool. If you continue to use the Planolitix Tool following the effective date of any amendments, you will be deemed to have accepted the amendments. If you do not accept the amendments, you will not be penalised but you must stop using the Planolitix Tool and close your Account.

Notices and electronic communications

8.3 We may provide you with notices, including notices relating to these Terms by way of electronic communications, including by email or other electronic communication on the Website and/or the Planolitix Tool.

No waiver

8.4 If we do not exercise or enforce any rights available to us under these Terms that does not constitute a waiver of those rights.

No assignment

8.5 You may not assign, transfer and/or subcontract any of your rights under these Terms.

Severability

8.6 If any provision contained in these Terms is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these Terms will remain in full force and effect and will not in any way be impaired.

Contact us

8.7 For any questions about the Planolitix Tool, please contact us on:

Email:    support@planolitix.com

Phone:   (09) 222-2390

Governing law

8.8 These Terms are governed by New Zealand law, and you agree that the courts of New Zealand shall have non-exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms.

9. DEFINITIONS

9.1 In these Terms, the following expressions have the meanings set out below:

(a) Account means an account created in accordance with the requirements of the Website and/or the Planolitix Tool by a User or a Financial Adviser.

(b) Financial Adviser means a financial adviser who is a user of the Planolitix Tool.

(c) Financial Adviser’s Terms means the terms and conditions and any policies that a Financial Adviser has in place in relation to any products or services it provides to Users. The Financial Adviser’s Terms form a contract between the User and the Financial Provider, and are separate from and in addition to these Terms.

(d) Intellectual Property Rights means any current and future intellectual property rights whether registered or unregistered, including copyrights, design rights, trade marks, trade names, domain names, rights in logos and get-up, patents, inventions, confidential information and know-how, all rights in computer software, privacy, data and databases.

(e) Planolitix, us, we, or our means Planolitix Limited.

(f) Privacy Policy means our Privacy Policy available on the Website and/or the Planolitix Tool, as may be amended from time to time.

(g) Planolitix Tool means any tools, software, applications, or other services available to Users and Financial Advisers via the Website.

(h) Subscription Fee means the amount payable for you to access and use the Planolitix Tool and which is specified under the “manage subscription page” setting of your subscription for the Planolitix Tool .

(i) Terms means these terms and conditions, and includes any amendments made in accordance with these terms and conditions.

(j) User means a person or other entity who is a user of the Planolitix Tool and who is not a Financial Adviser.

(k) Website means any Planolitix website including https://planolitix.com/ and any other website, internet property or application (including any applications for mobile devices) that are owned or operated by Planolitix.

(l) You and your is a reference to any User or Financial Adviser, as applicable.