top of page

ZAAK TERMS OF SERVICE

​

Welcome to Zaak,  a mobile first money management tool to keep you financially fit. These Terms of Service (Terms) apply to all your activities on the Zaak website and mobile application (Platform) and our provision of the Platform and all related services (Services). Please also read our Privacy Policy because it will apply to all the information you provide to us and it forms part of these Terms.

You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with Zaak. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

We are also constantly innovating and improving, so we may need to update these Terms. The Terms below apply when you use our Platform, any changes will apply if you keep using our Platform after we’ve updated these Terms. Please refer to the “last updated” section below. If we make any significant changes, we will notify you using prominent means such as by email specified in your account or by posting a notice through our Platform.

These Terms were last updated on August 27, 2022.

​

1. MOBILE APP VERSIONS

1.1 You acknowledge that the Platform and Services are being provided as “Version 1.0.*” (Services) and made available on an “as is, where is, as available” basis. Version 1.0 features by their very nature are meant for testing, which means that they may not work as expected, may have errors, or may cause unintended behaviour. While we will use reasonable efforts to update the Services and fix any errors, you assume all risks and all costs associated with your use of the Services, including, any internet access fees, costs incurred for the use of the Services, and any damage to or loss of any equipment, software, information or data.

​

1.2 The Services are made available to you for the purposes of evaluation and feedback without any compensation or reimbursement of any kind from us. As part of using the Services, you will be asked to provide feedback, and may be asked to participate in a more detailed research program for internal research and product development purposes, regarding your use of the Services. We may also monitor how you use the Services and use that information to improve the Services or our other products and services.

​

1.3 You acknowledge the importance of communication between you and Zaak during your use of the Services and agree to receive related correspondence and updates from us. In the event you request to opt out from such communications, we may terminate your account and your use of the Services will be discontinued.

​

1.4 We reserve the right to modify or terminate the Services, or your use of the Services, to limit or deny your access to you. You may discontinue your use of the Services at any time.

​

1.5 To the extent, this clause 1 (Available Versions) conflicts with any other terms within these Terms, this clause 1 shall prevail. We will notify you when our Platform and Services are no longer provided as Services, from which time an updated version of these Terms may apply. Your continued use of the Platform and Services will constitute acceptance of the updated terms.

​

2. YOUR ACCOUNT

2.1   You need to create an account to access and use our Services on our Platform as a user (Account). To create an Account, you must be located in New Zealand or Australia, be over the age of 18 and hold a bank account in New Zealand or Australia.

​

2.2   You agree to:

  • provide accurate, current and complete information during the Account registration process;

  • update your Account information to keep it accurate, current and complete at all times; and (c) that your password is strong and not disclose it to any third party.

  • ​

2.3   You must:

  • not allow others to access or use your Account and you may not transfer your Account to someone else; and

  • tell us immediately if you think that someone has used or has unauthorised access to your Account or password, or there has been some other security breach.

No matter whether anyone using your Account is authorised to use it or has obtained unauthorised access, you will remain fully responsible for their actions and omissions.

  • If we discover that you have violated the rules above when creating or maintaining your account, we may suspend or terminate your Account in accordance with clause 6.

  • We reserve the right to access your Account to respond to your requests for technical support.

​

3. YOUR INFORMATION

3.1   To provide you with our Services, Zaak requires access to certain information about you maintained online by third parties with whom you have a customer relationship, maintain accounts, or engage in financial transactions (Financial Information).

​

3.2   By using our Services, you expressly authorise Zaak to access your Financial Information for the purpose of providing you our Services and to configure our Services so that it is compatible with the relevant third party sites and servers that hold your information.

3.3   If you do not allow Zaak to receive your Financial Information from these third parties, such as when you remove Zaak’s access to your Financial Information or authorisation to do so, we will not be able to provide our Services to you.

​

3.4   We may need to change the way we receive your Financial Information and the third parties from whom we receive such information to improve or continue to provide our Services to you. When we do, we will give you prominent notice and obtain your consent via email or on our Platform prior to doing so. If you do not agree with the change, you will be able to terminate your Account.

​

3.5   Zaak does not review your Financial Information for accuracy, legality or non-infringement. We have no responsibility for the products and services provided to you by these third parties and we will not be liable to you for any harm, damage or loss arising from your use of any products and services provided by these other third parties. You understand and agree that the Services are not sponsored or endorsed by such third parties.

​

3.6   We collect and process your information with our Privacy Policy. If you are not comfortable with how we manage your personal information, including your Financial Information, as explained in our Privacy Policy or you do not want us to collect your Financial Information through third parties, please do not use or access our Services.

​

3.7  Your Financial Information via Akahu Technologies Limited. (Akahu):

  • We use a third party platform provided by Akahu, a New Zealand based financial and technology services provider, to allow you to access your Financial Information through our Services.

  • When you register with us, you will be directed to Akahu’s secure platform on which you will be asked to enter your account credentials required to log in to your financial institution accounts (Account Credentials). Your Account Credentials will be collected and stored by Akahu to allow us to retrieve your Financial Information periodically for the purpose of the Services. Your relationship with Akahu is governed by their Terms of Use. For the avoidance of doubt, we do not have access to your Account Credentials, but through Akahu, we will periodically link to your financial accounts and collect your Financial Information. Akahu also masks any account numbers associated with your chosen financial institutions, so we do not use, store, or hold your account numbers.

  • Where your Zaak account is closed or terminated for any reason, Zaak and Akahu will stop accessing your Financial Information.

  • By using our Services, you:

    • acknowledge and agree to the Service’s use of the Akahu platform;

    • agree to Akahu collecting and storing your Account Credentials to allow Akahu to connect and retrieve your Financial Information on our behalf (in accordance with and subject to Akahu’s Terms of Use);

    • authorise Akahu and Zaak to access third party sites designated by you, on your behalf, to retrieve and access your Financial Information; and

    • represent that you are a legal owner of, and that you are authorised to provide Akahu with the Account Credentials.

    • ​

4. YOUR USE OF OUR SERVICES

4.1   You must not use access or use the Services for unlawful purposes. You warrant by using the Services that all content you upload to the Platform, which includes information, videos, audio files, data, text, metadata, graphics, photographs, scripts, and interactive features provided on or through the Services (Content), is, up-to-date, and in compliance with all applicable laws, rules, regulations and these Terms.

​

4.2   You warrant that you will not:

  • upload, create, transmit, distribute, or store obscene, offensive, objectionable or inappropriate Content;

  • damage, interfere with or degrade the functioning of, or try to circumvent any of the features of the Platform;

  • decompile, disassemble, or reverse engineer our Platform;

  • upload, create, transmit, distribute, or store verbal, physical, written or other abuse or unsolicited commercial communications (including threats of abuse or retribution or spam)

to any person or cause harm to any person in any way under the Harmful Digital Communications Act 2015;

  • access or search or attempt to access or search our Platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services; or

  • upload, create, transmit, distribute, or store material that violates trademark, copyright, trade secret, or other intellectual property rights of others or violates the privacy, publicity, or other personal rights of others.

    • You will be liable to Zaak and indemnify Zaak and our service providers fully for any breach of the warranties provided in this clause. Zaak has the right to remove any Content from your Account without notice if, in Zaak’s opinion in its sole discretion, your Content does not comply with those standards.

    • If we are notified of a claim or allegation that Content uploaded to the Platform breaches this clause, we may prevent such Content being accessible through the Platform or being used in connection with Services.

    • If we terminate your Account because you have breached these Terms we may delete your Content immediately or keep it for evidential purposes. In circumstances where we cease providing our Services for other reasons, we will, if reasonably practicable and we are not prevented by law or likely to incur any liability in doing so, give you 10 days’ notice to retrieve your Content.

​

5. OWNERSHIP

5.1   Zaak is the owner or the licensee of all intellectual property rights in the Platform and Services, and in the Content we publish on it.  Those works are protected by trade mark, copyright and other intellectual property and trade practices laws and treaties around the world.  All such rights are reserved. Nothing gives you a right to use the Zaak name or any of the Zaak trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Zaak or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

​

5.2   You must not reverse engineer, reproduce, duplicate, copy, sell, assign, resell or exploit any portion of the Platform or use or access the same without Zaak’s express prior written permission.

5.3   Zaak agrees to grant you a non-exclusive, irrevocable, royalty free licence to use and access the Platform and Content on the Platform for the purpose of using the Services. Use, reproduction, modification, distribution or storage of the Platform or any Content for purposes other than use of the Services is prohibited.  Your licence to use and access the Platform and Content is automatically revoked if you breach these Terms.

​

5.4   You warrant that you own, or are authorised to use, any intellectual property in any Content you upload to the Platform, your Financial Information and any feedback that you provide to us. You grant us a worldwide, perpetual, royalty free, transferable licence to use, store, back-up, copy, transmit, distribute, communicate and otherwise make available Content you upload to the Platform, feedback you provide to us and your Financial Information for the purposes of enabling you and those you give access to, to use the Platform and the Services and for any other purpose related to provision of the Services to you, including for analytics, research and development purposes.

​

6. TERMINATING YOUR ACCOUNT

 

6.1 You may close your Account at any time by contacting us or following the Account closing process on our Platform.

 

6.2 We have the right to suspend or terminate your Account at any time, for any reason or no reason, which need not be disclosed to you.  This includes but is not limited to Accounts that we consider in our sole discretion, contain invalid information or to have been used for inappropriate or objectionable activities, in violation of these Terms, in breach of any law in any jurisdiction or which are, or may be, harmful or detrimental to Zaak or the Platform.  We shall not be liable for any loss of revenue or opportunity or any damage, cost or other liability, suffered or incurred by you in connection with a suspended or terminated Account.

 

6.3  If we exercise our discretion under these Terms to suspend or terminate your Account, any or all of the following can occur with or without any notice or explanation to you:

(a)  your Account will be deactivated or suspended and you will not be able to access any part of the Platform, your Account or your Content; and

(b)  unless required under law, we do not have an obligation to delete or return to you any Content you have uploaded to the Platform.


 

6.4 Where you close your Account or your Account is terminated, for security purposes, we will not delete your Account or the then-current information related to your Account immediately, and unless we are required otherwise under law, all information related to your Account will be permanently deleted after 90 days. After your Account is permanently deleted, you will not be able to recover your Account or any information related to your Account.

​

7. Viruses

 

7.1 We do not guarantee that the Platform will be secure or free from bugs or viruses.  You are responsible for configuring your information technology, computer programmes and site in order to access the Platform (if applicable). You should use your own virus protection software. 

 

7.2 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any Content.

 

7.3 You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform including those of our service providers.  You must not attack the Platform (if applicable) via a denial-of-service attack or a distributed denial-of-service attack.

​
 

8. Disclaimers
8.1   You agree that the use of our Platform and Services is at your sole discretion and risk.

​

8.2   Subject to clause 9.1, the Services are provided without warranty of any kind, either express or implied. Zaak makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. In particular:

  • in respect of your Financial Information we retrieve from third parties, Zaak cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalisation settings, device operating environment malfunctions or other service interruptions. Zaak cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings. For example, when displayed through our Platform, your Financial Information is only as fresh as the time shown, which reflects when your Financial Information is obtained. Such information may be more up-to-date when obtained directly from the relevant third parties; and

  • our Services may require a compatible mobile device with Internet access and/or the download and installation of an authorised mobile app, and may not be available for all mobile devices or telecommunication providers. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees (including message and data rates) as well as the terms of your agreement with your mobile device and telecommunications provider. Zaak is not obligated to provide a compatible version of the Services (including but not limited to a compatible mobile app) for all mobile devices, operating systems or telecommunication providers, all of which are subject to change by Zaak at any time without notice to you.

    • We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Zaak or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

    • When you use our Services, you will find links to other platforms and websites that we don’t own or control. Our Services may also incorporate features that allow you to share content on, or offered by, social media and other third party platforms such as Facebook®, Instagram® and Twitter®. Any content that you make available through those features and any other aspects related to your use of those platforms and sites are subject to the terms of service and privacy policies of those platforms. Please refer to those platforms to better understand your rights and obligations with regard to such Content and your use of those platforms.

​

9. LIMITATION OF LIABILITY

9.1   Nothing in these Terms is intended to limit or exclude any liability that cannot by law be limited or excluded. In particular, you may have rights under consumer laws (or other applicable laws) that cannot be excluded. To the extent permitted by law, our liability for breach of any non-excludable guarantees or conditions is limited to the statutory remedy we are required to provide for breach of the relevant guarantee or condition. 

9.2   To the extent permitted by law, Zaak will not be liable to you or other third party for any direct, indirect or consequential loss, cost, lost opportunity or profit, lost goodwill, reputational damage or liability or other adverse event whatsoever, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, the Platform or Services.

9.3   You agree to indemnify, and hold Zaak and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, any tax, legal and/or accounting fees, arising out of or

in connection with any breach of these Terms or any activity by you in relation to the Services, including device operating environment.

​

10. OTHER PROVISIONS

10.1    No Assignment: Zaak may assign or transfer these Terms, at its sole discretion, without restriction. You may not assign or transfer your rights under these Terms without our prior written consent, which may be withheld in absolute discretion.

10.2    Notices: Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given by us:

  • via email (in each case to the address that you provide); or

  • via the Platform.

For notices made by email, the date of receipt will be deemed the date on which

such notice is sent.

  • Severability: If anything in these Terms is or becomes unenforceable, illegal or invalid, the relevant provision will be treated as severed from this agreement and the rest of this agreement will remain in force.

  • Non-Waiver: Failure or delay by either party to exercise any right or remedy set out in these Terms will not mean that the party concerned waives that right or remedy nor will any single or partial exercise of any right or remedy stop either party from exercising that right or remedy at a future date.

  • Governing law: Your use of the Services and these Terms are governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

bottom of page