TERMS OF USE

Application of terms

These Terms apply to your use of the Viho app and Website (together, “Viho”). By accessing and using Viho, you accept and agree to be bound by these Terms.

  • Where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
  • If you do not agree to these Terms, you are not authorised to access and use Viho, and you must immediately stop doing so.

Changes

  • We may change these Terms at any time by updating them on the Viho. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use Viho, you agree to be bound by the changed Terms.
  • We may change, suspend, discontinue, or restrict access to, Viho without notice or liability.
  • These Terms were last updated on 3 April 2018.

About Viho

  • Viho is not intended to provide legal, tax or financial advice. We are not a financial planner, broker, mortgage or tax adviser. Viho is broad in scope. Your personal financial situation is unique, and any information and advice obtained through Viho may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from appropriate advisers who are fully aware of your individual circumstances.
  • You can use Viho to connect with Professional Advisers. We act as an intermediary for you and Professional Advisers to connect and transact. When you purchase services from a Professional Adviser, you enter into an agreement directly with the Professional Adviser and any interaction between you and a Professional Adviser is a matter between you and them only.
  • Other than our obligations set out in these Terms, we are not liable to you for failure by a Professional Adviser to comply with these Terms or any other legal obligation.
  • While we endeavour to ensure the accuracy of the rates displayed on Viho, the rate information is provided as a guide only and we suggest you contact the listed financial institution directly to confirm all rates information is accurate and up to date.
  • We will use reasonable efforts to provide Viho in accordance with these Terms and New Zealand law.
  • Our provision of Viho to you is non-exclusive. Nothing in these Terms prevents us from providing Viho to any other person.
  • Subject to the clause below this clause, we will use reasonable efforts to ensure Viho is available on a 24/7 basis. However, it is possible that on occasion Viho may be unavailable to permit maintenance or other development activity to take place, or due to an event that is beyond our reasonable control.
  • Through the use of web services and APIs, Viho may interact with a range of third party service features. We do not make any warranty or representation on the availability or performance of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.

No endorsement

Any mention of third-party products or services, including the use of trade marks or links to the websites of such third-parties, is for information purposes only and constitutes neither an endorsement or a recommendation of those third-parties. The use of trade marks or links to the websites of third-parties is not intended to imply that those third-parties endorse or have any affiliation with Viho.

Professional Advisers

  • We do not employ Professional Advisers, nor are they our agents or representatives. We are not responsible for the willingness or ability of a Professional Adviser to provide their services to you.
  • While we may undertake monitoring and/or obtain feedback from time to time in relation to the quality of the services provided by Professional Advisers, we do not determine whether any Professional Adviser is qualified to provide any service and we do not verify the skills, experience, qualifications, credentials, competence or background of any Professional Adviser. It is your sole responsibility to conduct independent verification in relation to any Professional Adviser that you are considering using for services.
  • If you believe a Professional Adviser has misrepresented their skills, experience, qualifications, credentials, competence or background, or has behaved inappropriately, you may lodge a complaint with us at hello@viho.co.nz.
  • You agree and acknowledge that we do provide not financial or professional advisory services. We solely facilitate the communication between you and Professional Advisers to enable the provision of their services. The information, opinions and advice provided during the provision of services are those solely of the Professional Adviser.

Your obligations

You must:

  • use Viho in accordance with these Terms solely for lawful purposes (including comply with applicable anti-spam laws); and
  • not resell or make available Viho to any third party, or otherwise commercially exploit Viho.

You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

If you are given a User ID, you must:

  • keep your User ID secure and not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
  • immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to hello@viho.co.nz.

When accessing and using Viho, you must:

  • not impersonate another person or misrepresent authorisation to act on behalf of others or us;
  • not attempt to undermine the security or integrity of the Underlying Systems;
  • not use, or misuse, Viho in any way which may impair the functionality of the Underlying Systems or impair the ability of any other person to use Viho;
  • not attempt to view, access or copy any material or data other than:
    • that which you are authorised to access; and
    • to the extent necessary for you to use Viho in accordance with these Terms;
  • not use Viho in a manner that breaches any third party right (including Intellectual Property Rights and privacy rights) or is objectionable, incorrect or misleading; and
  • unless with our agreement, access Viho via standard web browsers and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction, monitoring or input method.

You must obtain our written permission to establish a link to Viho. If you wish to do so, email your request to hello@viho.co.nz.

You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses Viho by using your User ID.

Intellectual property

Viho and the Underlying Systems (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and including any modification, enhancement or derivative work of any of the foregoing.

  • The logos displayed on Viho attract copyright. All brand owners own the copyright in their brand(s) displayed on Viho.
    • Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
    • we may use or disclose the feedback for any purpose.
  • The logos displayed on Viho attract copyright. All brand owners own the copyright in their brand(s) displayed on Viho.

Privacy

  • You are not required to provide personal information to us, although in some cases if you choose to not do so then we will be unable to make certain functions of Viho unavailable to you.
  • When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993 and with our Privacy Policy, which is set out here: Privacy Policy.

Disclaimers

Viho is provided “as is” without representation as to the accuracy of the information provided on Viho or the suitability of Viho for any purpose.

To the maximum extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

  • Any services provided to you by Professional Advisers;
  • The acts or omissions of any Professional Adviser;
  • Any action taken or decision made by you on the reliance of information, opinions or advice provided to you by Professional Advisers;
  • Viho being unavailable (in whole or in part) or performing slowly;
  • Any error in, or omission from, any information made available through Viho, including rates information;
  • Any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use Viho. To avoid doubt, you are responsible for ensuring the process by which you access and use Viho protects you from this;
  • Any site linked from Viho and/or any link on Viho to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators; or
  • Any information, such as interest rates, made available on Viho from third party sites or information.

We make no representation or warranty that Viho is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of Viho is not illegal or prohibited, and for your own compliance with applicable local laws.

Liability

To the maximum extent permitted by law:

  • You access and use Viho at your own risk.
  • We are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, Viho or any services provided by Professional Advisers, or your access and use of (or inability to access or use) Viho. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.

To the maximum extent permitted by law and only to the extent the 2 clauses above do not apply:

  • our total liability to you in connection with these Terms, Viho or any services provided by Professional Advisers will not exceed NZD10; and
  • we will not be liable to you in connection with these Terms, Viho or any services provided by Professional Advisers for any consequential, indirect, incidental or special damage or loss of any kind.

Neither party will be responsible, liable, or held to be in breach of these Terms for any failure to perform its obligations under these Terms or otherwise, to the extent that the responsibility, liability or failure is caused by the other party failing to comply with its obligations under these Terms, or by the negligence or misconduct of the other party or its personnel.

iOS Apps

Where you download, install or use the Viho app on an Apple mobile device, you acknowledge that: 

  • these Terms are between us and you and not Apple; and
  • Apple has no responsibility or liability in respect of any matter relating to the App, including your use or possession of the App.

We and you agree that Apple, and any Apple subsidiary, are third party beneficiaries of these Terms and that Apple has the right to enforce these Terms against you as a third party beneficiary.

Suspension and termination

  • You may cease using Viho at any time by removing your Account, ceasing to use the Website or uninstalling the Viho app.
  • Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to Viho (or any part of it).
  • On suspension or termination, you must immediately cease using Viho and must not attempt to gain further access.
  • Clauses which, by their nature, are intended to survive termination or expiry of these Terms, including clauses entitled Intellectual Property, Liability, Suspension and Termination and the disputes clause set out in the General section of these Terms below, continue in force.

General

  • If we need to contact you, we may do so by SMS notification, email or by posting a notice on Viho. You agree that this satisfies all legal requirements in relation to written communications.
  • These Terms, and any dispute relating to these Terms or Viho, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or Viho.
  • We are not liable to you for any failure to perform our obligations under these Terms to the extent caused by an event that is beyond our reasonable control.
  • If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
  • These Terms set out everything agreed by the parties relating to your use of Viho and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to Viho that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
  • For us to waive a right under these Terms, that waiver must be in writing and signed by us.

Definitions

In these Terms:

  • Including and similar words do not imply any limit.
  • Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
  • Personal information means information about an identifiable, living person.
  • Professional Adviser means the professional adviser(s) that we connect Viho users with through the Application, including, but not limited to, mortgage and insurance advisers.
  • Terms means these terms and conditions.
  • Underlying System means any network, system, software, data or material that underlies or is connected to the Application.
  • User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Application.
  • We, us or our means NZ Mortgage App Limited t/a Viho.
  • Website means viho.co.nz.
  • Viho means the Website and Viho app available for download in the Apple Store, Google Play Store, and such other locations as we may make the App available for download.
  • You means you or, if applicable, both you and the other person on whose behalf you are acting.