Terms and conditions

 

Welcome


We’re aiming to put your financial health back in your control by helping you to optimise your money and effortlessly manage your savings, investments and spending through our web and mobile-based platform. Before we get started, there are just a few terms and conditions we need to cover to make sure we’re all on the same page.

Key terms:


Please read these Terms carefully prior to accepting Terms. By accepting these Terms, you agree that:

  • we may disclose your personal information to third parties as set out in our Privacy Policy;

  • any Content on the Platform is intended only to provide you with general information on improving your financial health, and you must not use the Content on the basis that it is legal, financial, superannuation or tax advice. While we use reasonable endeavours to keep the Content up to date and to highlight financially beneficial options for you, if you choose to make use of our Content, you do so at your own risk;

  • if you sign up to our Platform as an early access member while we are in the process of beta testing the Platform, we may make changes at any time that affect the functionality of the Platform and we make no promises around availability of the Platform;

  • if you sign up for a Premium Subscription, your subscription will automatically renew for periods of the same amount of time as the initial period, unless you terminate the subscription in accordance with our cancellation policy;

  • our liability is limited to your rights under consumer laws and, to the extent permitted by consumer laws, our liability arising from or in connection with these Terms will be limited to us repaying you the amount of the Subscription Fee paid by you to us in the 12 months prior to when the Liability occurred, or, if you have not paid us any Subscription Fees, $10, and we exclude our liability for consequential loss; 

  • subject to your consumer law rights, you must indemnify us against any liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you; 

  • we may, at any time, discontinue the Platform or exclude any person from the Platform, for which we will not be responsible for any loss or damage; and

  • we may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform or for featuring certain products or services on the Platform.

 

Terms and conditions


These terms and conditions (Terms) are between you, the individual accessing the platform (you or your), and Wych Limited NZBN 9429046988805, unless you are in Australia, in which case these Terms are between you and Wych Australia Pty Ltd ABN 92644746047 (together, we, us or our). For the avoidance of doubt, (1) if you are in Australia then you are contracting with Wych Australia Pty Ltd ABN 92644746047; (2) if you are in any other country then you are contracting with Wych Limited NZBN 9429046988805; (3) a reference to ‘we’, ‘our’ or ‘us’ is a reference to the entity that you are contracting with, depending where you are based; and (4) Wych Limited NZBN 9429046988805 and Wych Australia Pty Ltd ABN 92644746047 are not jointly liable for any Liability arising under or in connection with these Terms.


We own or have the right to licence this web and mobile based platform, including all software, instructions and any update, modification or release of any part of that platform that we provide to you (Platform). Our Platform is available on our site at www.wych.it and both the Apple App Store and the Google Play Store, and may be available through other addresses or channels. 

 

Disclaimer


Please note that our Platform and the content contained on our Platform (including any recommendations, comparisons and any other tools, information, insights or resources made available to you) (Content) are provided for general information purposes only, and on an “as is” basis. The Content is intended only to provide general information on improving your financial health, and you must not use the Content on the basis that it is legal, financial, superannuation or tax advice. Whilst we use reasonable endeavours to keep the information up to date and to highlight financially beneficial options for you, we make no representation that any information provided is accurate or up-to-date and we do not guarantee that any recommendations featured on our Platform are more suitable than options or businesses not featured on our Platform. If you choose to make use of our Content, you do so at your own risk. To the extent permitted by law, we do not assume any responsibility or liability, and you waive and release us from all responsibility or liability, arising from or connected with your use or reliance on the Content provided in our Platform. It is your sole responsibility to determine the suitability, reliability and usefulness of our Platform and our Content.

 

Partners


Sometimes when we provide you with recommendations for particular products or services provided by third parties, these third parties have paid a membership fee to have their products or services displayed and promoted through our Platform, and as such, we receive a benefit for recommending their products or services. 

 

Acceptance


You accept these Terms, including our Privacy Policy, by downloading or using our Platform. These Terms will commence on the date on which you accept these Terms and will continue until the date these Terms are terminated in accordance with the Termination clause below (Term).


If you access or download our Platform from (1) the App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google App Terms of Service.

 

Signing up to our platform


You must register on our Platform and create an account (Account) to access the functionality of our Platform. You must provide basic information when registering for an Account, such as your name, email address and phone number and you will be sent an SMS message to verify your phone number. You agree to ensure that any information you give to us when creating an Account, including personal information, is accurate and up-to-date.
You are responsible for keeping your Account details confidential and you will be liable for all activity on your Account, including any subscription you sign up to, whether or not these were authorised by you. You agree to immediately notify us of any unauthorised use of your Account. At our sole discretion, we may refuse to allow any person to register or create an Account.


Once you have created an Account, you will be given the option to link your banking, credit card, and/or other payment services details, as well as your service providers such as your energy and internet providers and plans, so that we can provide you with insights, data and recommendations on your financial habits (Linked Services). You do not have to connect these Linked Services to your Account, however if you do not, then this may limit your ability to benefit from the Platform. 

 

Early access members


If you sign up for an Account prior to the official launch of our Platform, as notified by us to you (Beta Testing Period) as an early access member, you understand that we are beta testing the Platform during this time, and as such you agree: (1) that we may make changes to the Platform (including amending any features and performing updates and fixes) at any time during the Beta Testing Period and without your consent; and (2) we make no commitments as to the availability of the Platform during the Beta Testing Period. 

 

Fees


You may access our Platform and some of its features for free or you may choose to upgrade to a premium subscription (Premium Subscription). Our Premium Subscription offerings and subscription periods are as set out on our Platform.


If you choose a Premium Subscription, you will be required to and you agree to pay us the fees set out on the Platform in relation to your chosen Premium Subscription to benefit from the selected features (Subscription Fee).


You must pay the Subscription Fee in advance for each billing cycle via one of the payment methods set out on the Platform. The Subscription Fee will be automatically debited on the billing date set out on the Platform (Billing Date). The direct debit arrangement may be subject to additional terms and conditions from third-party payment providers, as set out on the Platform.


To the maximum extent permitted by law, and subject to your Statutory Rights, the Subscription Fee is non-refundable.


Your Premium Subscription will automatically renew for the same term as your initial Premium Subscription period unless you cancel your Premium Subscription. You can read more about our cancellation policy below.
The Subscription Fee includes GST. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf. 


We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms.


We may modify the Subscription Fees from time to time upon notice to you. The updated Subscription Fees will apply to the next Billing Date after the change has occurred. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Premium Subscription in accordance with the cancellation clause below.

 

Changes, refunds, holds and cancellations

 

Changing your subscription 


You may upgrade or downgrade your Premium Subscription at any time in the Account page / manage subscription page (or similar) or by sending us an email. The payment method linked to your Account will automatically be charged the Subscription Fee for your new Premium Subscription on the next Billing Date.

 

Cancelling your subscription


You may cancel your Premium Subscription at any time by providing us notice (which you may provide via email or through the Platform). We will provide you with confirmation that your Premium Subscription has been cancelled via email or via the Platform. After you receive confirmation from us of cancellation of your Premium Subscription, your access to the features of your Premium Subscription will continue until the next Billing Date. You will still be able to use the free features of the Platform.


To the extent permitted by law, and subject to your Statutory Rights, no refunds will be made upon cancellation. Where you have cancelled your Premium Subscription due to change of mind or other circumstances, we do not provide refunds of the Subscription Fee. We do not allow for a Premium Subscription to be put on hold or “frozen”.  

 

Prohibited conduct


You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider appropriate; or anything which might bring us or our Platform into disrepute, including: (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights; (2) using our Platform to defame, bully, harass, threaten, menace or offend any person; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; or (6) facilitating or assisting a third party to do any of the above acts.

 

Intellectual property rights


We grant you a non-exclusive, royalty-free, revocable, worldwide, non-sublicensable and non-transferable licence to use our Platform during the Term in accordance with these Terms. All other uses are prohibited without our prior written consent.


Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all Content (including any Content generated by the Platform as a result of your use of it). Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content. 


You must not, without the prior written consent of ourselves or the owner of the Content (as applicable): (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Platform, including by: (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content. 

 

User data


You grant us a limited licence to copy, transmit, store and back-up or otherwise access the information, and other data provided by you (or where you have consented, any Linked Services) to us or inputted by you into the Platform, stored by the Platform or generated by the Platform as a result of your use of the Platform (User Data) during the Term and for a reasonable period after the Term to: (1) supply our services (including for back-ups) to you; (2) diagnose problems with the Platform; (3) develop other services, provided we de-identify the User Data; (4) enhance and otherwise modify the Platform; and (5) as reasonably required to perform our obligations under these Terms. 

 


Analytics 


We may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform and your associated financial habits, in an aggregated and anonymised format (Analytics). You agree that we may make such Analytics publicly available, including by commercialising the Analytics, provided that it: (1) does not contain identifying information about you; and (2) is not compiled using a sample size small enough to make the underlying personal information you provide identifiable.
We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all intellectual property rights in the foregoing.

 

Feedback


You agree that: (1) all intellectual property rights in any idea, suggestion, recommendation or request by you, whether made verbally, in writing, directly or indirectly, in connection with the Platform, including during the Beta Testing Period (Feedback), will at all times vest, or remain vested, in us; and (2) we may use Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback.

 

Consumer guarantees


Certain legislation including the Consumer Guarantees Act 1993, and where you are in Australia, the Australian Consumer Law  in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our Platform which cannot be excluded, restricted or modified (Statutory Rights).


Where a failure with the Platform cannot be remedied or is of substantial character (or, where you are in Australia, there is a major failure with the Platform) you are entitled:


(a) to cancel these Terms with us; and
(b) to a refund for the unused portion of your Premium Subscription, or to compensation for its reduced value (if applicable).


You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
Nothing in these Terms attempts to modify or exclude your Statutory Rights. Any and all other warranties or conditions which are not guaranteed by Statutory Rights are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

 

Notice regarding Apple


To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.


Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform. 
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.


Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.


Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights. 


You agree to comply with any applicable third-party terms when using our mobile application. 


Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.


You hereby represent and warrant that:

  1. 1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and

  2. 2. you are not listed on any U.S. Government list of prohibited or restricted parties.

Liability 


In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

  1. your acts or omissions;

  2. any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms;

  3. any interaction between you and any partner or third party listed on the Platform;

  4. any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform;

  5. any reasonable delay in us providing our Platform to you;

  6. any illness, injury or death resulting from use of the Platform; and/or

  7. any event outside of our reasonable control.


This clause will survive the termination or expiry of these Terms.

Limitations on liability 


Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise:

  1. our maximum aggregate Liability arising from or in connection with these Terms will be limited to us repaying you the amount of the Subscription Fee paid by you to us in the previous 12 months to when the Liability occurred, or, if you have not paid us any Subscription Fees, $10; and

  2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.


This clause will survive the termination or expiry of these Terms.

 

Third party inputs


You agree that the provision of the Platform may be contingent on, or impacted by, third parties or any goods and services provided by third parties, including information provided to us by Linked Services and third parties that provide us with IT services, end users, merchants, suppliers, or other subcontractors (Third Party Inputs). Despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.


To the extent that any Third Party Inputs are required by us in order to be able to provide the Platform to you:

 

  1. we agree to, where applicable, obtain and maintain the required licences for access and use of any Third-Party Inputs (at no additional cost to you); and

  2. you agree to:

a) where these are notified to you, adhere to the terms and conditions of any such Third-Party Input licences; and

b) comply with our reasonable instructions and directions and the directions of the third-party provider.


You agree that the benefit of the Third Party Input’s interface, or interoperation with, the Platform, is subject to your compliance with this clause.

 


Warranties and Indemnities


You represent, warrant and agree that: (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; (2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms; and (3) to provide all assistance, information and documentation necessary to enable us to provide the Platform and that all information you provide to us in connection with the Platform will be true, accurate and complete. 


You acknowledge and agree that: (1) you use the Platform at your own risk; and (2) we do not guarantee that the Platform will be secure, timely, uninterrupted or error or virus free or that it will meet your expectations or requirements.


You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.


Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. You agree that it is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.


This clause will survive the termination or expiry of these Terms.

 


Termination


You may terminate these Terms at any time via the “delete your account” (or similar) feature in your Account. 
At our sole discretion, we may suspend your Account or terminate these Terms immediately with notice to you if you are in material breach of these Terms, any applicable laws, regulations or third-party rights or for any other reason at our sole discretion.


If we suspend your Account or these Terms are terminated, we will immediately cease providing the Platform and our services to you, and you will not be able to access your Account. 


On termination of these Terms (including if your Account is deleted by you), we will remove and/or decommission your Account and if you redownload the Platform again in the future, you may not be able to see or restore any of your previous User Data, including any information related to your financial habits or spending decisions.

 


Collection notice


We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy. 
We may disclose that information to third party service providers who help us deliver our Platform (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information, we may not be able to provide you with access to our Platform. If you do not provide this information, we may not be able to provide our Platform to you.


In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside of the country where you are based. 


If you are based in New Zealand, before disclosing any personal information to an overseas recipient, we will comply with Information Privacy Principle 12 set out in the New Zealand Privacy Act 1993 (New Zealand Act) and only disclose the information if: (1) you have authorised the disclosure after we expressly informed you that the overseas recipient may not be required to protect the personal information in a way that, overall, provides comparable safeguards to those in the New Zealand Act; (2) we believe the overseas recipient is subject to the New Zealand Act; (3) we believe that the overseas recipient is subject to privacy laws that, overall, provide comparable safeguards to those in the New Zealand Act; (4) we believe that the overseas recipient is a participant in a prescribed binding scheme; (5) we believe that the overseas recipient is subject to privacy laws in a prescribed country; or (6) we otherwise believe that the overseas recipient is required to protect your personal information in a way that, overall, provides comparable safeguards to those in the New Zealand Act (for example pursuant to a data transfer agreement entered into between us and the overseas recipient).
If you are based in Australia, we will only transfer your personal information outside of Australia in accordance with the Australian Privacy Act 1998.


Our Privacy Policy contains further information about: (a) how we store and use your personal information; (b) how you can access and seek correction of your personal information; (c) how you can make a privacy-related complaint; and (d) our complaint handling process.


By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

 

 

General


Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.


Calculators and Tools: All tools and calculators on our Platform should be treated as a directional guide only and should not be relied upon as a precise indication of any result generated. All results are subject to the information you input, the relevant assumptions we have made and the accuracy of any information we have at that point in time.


Changes to the Platform and Terms: You agree that we may amend these Terms and the features of our Platform at any time. If we amend these Terms, or we make any changes to our Platform that will have a material adverse effect on you, we will provide you with written notice. By continuing to use the Platform, you agree to the amended terms. If you do not agree to the amendment, you must terminate these Terms in accordance with the Termination clause. The amendment will commence following our written notice for users with a free Account, and will commence at your next Billing Date for users on a Premium Subscription.


Competitors: You are prohibited from using our Platform, including our Content, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use. 


Discontinuance: We may, with written notice to you, discontinue our Platform, in whole or in part. If we discontinue the Platform and you are on a Premium Subscription, we will provide you a pro rata refund for any unused part of your Premium Subscription. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent you may suffer arising from or in connection with any such discontinuance or exclusion.


Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other Party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either Party (by notice in writing to the other Party) to litigation. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of an appropriate jurisdiction. This clause will survive the termination or expiry of these Terms.


Jurisdiction: Unless you are based in Australia, your use of our Platform and these Terms are governed by the laws of New Zealand and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. Where you are based in Australia your use of our Platform and these Terms are governed by the laws of New South Wales and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.


Third party information: Our Platform may contain information provided by, or links to websites operated by, third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.  


For any questions and notices, please contact us at:


Wych Limited NZBN 9429046988805
Address: PO Box 60459, Titirangi, Auckland 0604, NEW ZEALAND
Email: email


Wych Australia Pty Ltd ABN 92644746047
Address: Level 14 Suite 3A16, 275 Alfred Street, North Sydney NSW 2060 AUSTRALIA
Email: email

Last update: 07 July 2021