Issued: Thu May 24th, 2018 2:00 AM
1. Description of Service
The EFTPlus service is an information, loyalty and emarketing service. Eftplus utilises the data from standard payment cards, including eftpos cards and credit cards as the source data input for merchant loyalty solutions to customers.
2. Privacy of Your Information
3. Use constitutes acceptance of this agreement
By using the EFTPlus service or the EFTPlus website you agree to be bound by this Agreement.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.
You have the right to stop using the EFTPlus service at any time. Your account will be closed when you have paid any outstanding charges.
4. Storage of Data
The EFTPlus service is hosted on the Amazon AWS cloud computing service via the Heroku platform. Any business or personal information provided by you or third parties on your behalf will be stored on computers located in North Virginia, United States of America. Your data and the storage of it may therefore be subject to North Virginia and US law.
5. Account Information from Third Party Organisations
The EFTPlus service may retrieve data on your behalf from third party organisations. We do not review your Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. We are not responsible for the products and services offered by third party organisation or on their websites. The term “we”, “us” or “our” refer to EFTPlus and, where appropriate, its officers, directors, employees.
We cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalisation settings or other service interruptions. We are not responsible for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings.
6. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your username, allows you to access the EFTPlus service. You are responsible for any unauthorised use of the EFTPlus service through your username, and for all losses or charges, including losses or charges that may result from unauthorised or fraudulent use.
If you become aware of any unauthorised or fraudulent use of your username, you agree to notify us immediately by email to this email address: [email protected]
By providing us with your email address, you agree to receive all notices from us electronically, to that email address. It is your responsibility to update or change your email address, as appropriate. Notices will be provided in the text of our emails or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
7. Your Obligations
You must only use the EFTPlus service for your own lawful business purposes, in accordance with this Agreement.
We reserve the right to pass on any charges applied by third parties for the provision of their information or service. We will inform you before applying those charges. You may choose not to pay for such information or services but understand we may then not be able to continue providing the EFTPlus service to you.
You must not attempt to undermine the security or integrity of our computing systems or networks. You must not use, or misuse, the EFTPlus service in any way which may impair the functionality of the service, or impair the ability of any other user to use the service. You must not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which our system is hosted. You must not transmit, or input into the EFTPlus service, any files that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use).
If you use any communication tools available through the EFTPlus service (such as any blog, forum, or email or text message delivery service), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the EFTPlus service including (but not limited to): offers of goods or services for sale, files that may damage any other person's computing devices or software, content that may be offensive to any of our other users, or material in violation of any law (including material that is protected by copyright or trade secrets which you do not have the right to use).
We reserve the right to stop or remove any communication at any time at our sole discretion.
8. Payment of fees
We will send you invoices by email. You agree to pay EFTPlus NZ Limited within 20 days of the invoice date.
Should you terminate this Agreement for whatever reason, you shall remain liable to pay all fees and all costs and expenses incurred by us as a result of your default, termination or rescheduling of the supply of services to you.
We reserve the right to change prices charged for the EFTPlus service at any time. We reserve the right to change prices without warning but we will endeavour to provide as much advance warning as possible.
9. Rights You Grant to Us
As the owner of any information, data, passwords, usernames, PINs, other log-in information, materials or other content you provide to us through the EFTPlus service, you are licensing this account information to us solely for the purpose of providing the EFTPlus service. We may use such account information, but only to provide the EFTPlus service to you. By submitting account information, you represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations.
By using the EFTPlus Service, you expressly authorize us to access your account information maintained by identified third parties, on your behalf as your agent. You acknowledge and agree that when we access and retrieve or receive account information from third parties, we are acting as your agent, and not as the agent of or on behalf of the third party. You understand and agree that the EFTPlus service is not sponsored or endorsed by any third parties accessible through the EFTPlus service.
10. Intellectual Property Rights
The contents of the EFTPlus service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under New Zealand copyright, trademark and other laws. The contents of the EFTPlus service belong or are licensed to EFTPlus or its software or content suppliers. EFTPlus grants you the right to view and use the EFTPlus service subject to these terms. You may print and store a copy of your own EFTPlus reports for use in your normal line of business only. Any distribution, reprint or electronic reproduction of any content from EFTPlus in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Intellectual property rights in any software or service supplied by EFTPlus for your use are, and remain, the property of EFTPlus.
You may not:
- Disassemble, reverse engineer or decompile or in any other way interfere EFTPlus system including software
- Copy or modify the EFTPlus software
- Create any new system including software partly or wholly based on the EFTPlus service
- Transfer, assign or sub-license your right to use the EFTPlus service or attempt to do so.
EFTPlus shall have no liability for any infringement of intellectual property rights arising from the use of any know-how, techniques, media, data, information or programme not provided by EFTPlus; or the modification of the service by any party other than EFTPlus; or an allegation of infringement of intellectual property rights arising from information, data, or content supplied to EFTPlus by you.
11. Disclaimer of Representations and Warranties
The content and all services and products associated with EFTPlus or provided through the service are provided to you on an “as-is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the content or operation of the EFTPlus service. You expressly agree that your use of the service is at your sole risk and that you discharge us from any and all claims and demands arising out of, or in connection with the design or maintenance of the EFTPlus service including without limitation any and all claims for libel and invasion of privacy.
We make no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content of the EFTPlus service, and expressly disclaim any warranties of non-infringement or fitness for a particular purpose. We make no representation, warranty or guarantee that the content that may be available through the service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.
The EFTPlus service relies, in part, on information and services provided by third parties. We make no representations, warranties or guarantees about our ability to maintain access to third party information or services. You understand and recognise that should access to such information or services be denied to us we may have to stop providing the EFTPlus service to you.
You warrant and represent that you are acquiring the right to access and use the EFTPlus service as a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers including the Consumer Guarantees Act 1993, do not apply.
12. Not a Financial Planning, Legal Advice, Tax Advice or Backup Service
The EFTPlus service is not intended to provide legal, tax or financial advice. EFTPlus is not a financial planner, broker or tax advisor.
The EFTPlus service is not intended as a backup service. Should we suffer irretrievable data loss you may be required to restore your data from copies made by you for your own backup purposes.
13. Limitations on Liability
We shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part from your use of the EFTPlus service or this agreement, even if we have advised of the possibility of such damages. In the event that any exclusion or provision contained in this Agreement shall be held to be invalid for any reason and we become liable for loss or damage such liability shall be limited at all times to the amount of your monthly charge.
You shall defend, indemnify and hold harmless EFTPlus and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to legal fees, in whole or in part arising out of or attributable to any breach of this agreement by you.
15. Force Majeure
Neither you or EFTPlus and its officers, directors, shareholders, and employees shall be under any liability to the other in respect of anything which may constitute breach of the Agreement arising by reason of force majeure, namely, circumstances beyond the control of the party.
This Agreement will continue to apply until terminated by either you or us.
You can terminate this legal Agreement with us by written notice to us and paying any outstanding charges. Your final invoice will include 4 weeks notice on the base monthly fees and any other outstanding charges from the date we receive your written termination notice.
We may terminate this agreement at any time with you immediately by sending notice to the email address provided by you as part of your registration.
We may modify this Agreement from time to time. You will be notified of any and all changes to this Agreement through the EFTPlus website. The Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the EFTPlus service after those changes are posted.
18. Governing Law and Dispute Resolution
This Agreement and your relationship with EFTPlus under this agreement shall be construed in accordance with New Zealand Law and subject to the exclusive jurisdiction of the New Zealand Courts.
Any dispute with EFTPlus or its officers, directors, employees, agents or affiliates in relation to this document or its implementation is to be referred in the first instance to the chief executives of the respective parties who must endeavour to resolve the dispute in the spirit of achieving broad equity in respect of the agreement and its purposes.
Failing agreement between them, the matter shall be referred to Arbitration pursuant to the provisions of the Arbitration Act 1996
Failure or neglect by us to enforce at any time any of the provisions in this Agreement will not be taken to be a waiver of our rights under this Agreement. Nor will it affect in any way the validity of the whole of any part of this Agreement, nor prejudice our rights to take subsequent action.
In the event that any of these terms, conditions or provisions shall be determined invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
20. Entire Agreement
This Agreement constitutes the entire agreement between the parties unless varied in writing.