Akahu Apply is operated by Akahu Technologies Limited ("Akahu"). All references within these Terms to "we", "us", or "our" refer to Akahu.
By using this web service (the "Services" or "Akahu Apply"), you agree to comply with and be bound by the following terms and conditions ("Terms"). If you do not agree to and accept these Terms, you must not use the Services.
If you are using the Services as a loan applicant ("Applicant"), you have been directed to Akahu Apply by a lender or financial advisor ("Lending Service").
To be eligible to use Akahu Apply, you must be 18 years of age or older. You must also be using the Services in your personal capacity and not on behalf of another person (except where you are using the Services on behalf of a company or other legal entity, in which case you must be authorised to act on behalf of that entity).
We will access, use, and disclose your information for the purpose of providing the Services to you and the relevant Lending Service. We will deal with your data in accordance with our Privacy Notice. We are not responsible for the use of your data by the relevant Lending Service.
We will not charge you a fee to use the Services. We do not control whether you are charged fees in accordance with the terms that you agree with a relevant Lending Service.
If you are using the Services on behalf of a Lending Service ("Business User"), we have entered a separate contract ("Business Contract") with you that includes additional commercial and general terms.
If there is a conflict between the Business Contract and these Terms, the Business Contract will prevail.
Akahu grants to you an exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Services as detailed in these Terms.
We permit you to post content to the Services ("Materials"), provided that the Materials are not illegal, obscene, abusive, threatening, defamatory, or otherwise objectionable to us.
Akahu may hold and use Materials that you provide for Akahu’s internal business purposes including improving the Services. By submitting Materials to the Services or otherwise providing content to us in connection with the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to store, use, reproduce, distribute, display, modify, and edit these Materials in connection with the Services. You represent and warrant that you have obtained all necessary authorisations to enable Akahu to collect and use data as contemplated by this clause.
We will not pay you any fees for Materials, and we reserve the right in our sole discretion to remove or edit them at any time.
If you upload PDF files, Akahu Apply attempts to extract the transaction and account data from those files. If you connect accounts, Akahu Apply attempts to fetch the relevant transaction and account data from those accounts.
If you upload PDF files or connect accounts, Akahu Apply attempts to enrich the transaction data by detecting transfers, merchants, income, and relevant expenses.
Transaction fetching, extraction, and enrichment is provided in good faith, but will not always be accurate. You are responsible for checking, confirming, and satisfying yourself as to the accuracy of these processes. We provide no guarantee and accept no responsibility for the accuracy or completeness of any information processed by Akahu Apply.
We cannot guarantee that the Services will operate continuously without interruptions or be fault free.
We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend, or discontinue any part of the Services, including your access to it.
The Services and all content on Akahu Apply, including but not limited to design, copy, search results, images, graphics, structure, layouts, and the underlying software code are protected by copyright and trademarks and are subject to the intellectual property rights of Akahu.
Merchant names are logos shared in reliance on the "honest practices" section of the Trade Marks Act 2022.
You may not reproduce, republish, transmit, or distribute any material or information provided by the Services without our prior written consent. However:
We reserve the right, in our sole discretion and without notice to you, to terminate your licence to use our Services and to prevent future access by you to our Services.
The Services are provided on an "as is" and "as available" basis and we make no representations or warranties of any kind, either express or implied.
You expressly agree that your use of the Services is at your sole risk and we expressly disclaim any and all warranties, either express or implied, including without limitation warranties as to quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access, or use.
We accept no responsibility and make no guarantee that the Services will be free from faults, errors, and/or omissions. It is your sole responsibility to evaluate the quality, suitability, accuracy, completeness, and reliability of the Services or any information provided.
In no event shall we nor any of our officers, shareholders, directors, employees, agents, or suppliers be liable for any loss or direct, indirect, consequential, incidental, special, or any other damages arising from your use of the Services.
Should you not agree with any part of these Terms or have any dispute or claim against us or our suppliers with respect to these Terms or the Services, your sole and exclusive remedy will be to discontinue using the Services.
Notwithstanding the foregoing, nothing in this clause is intended to limit any statutory rights you may have as a consumer which may not be excluded nor in any way to exclude or limit our liability to you for personal injury or death caused by our negligence.
You agree to indemnify, defend, and hold us and our affiliated companies, shareholders, officers, directors, employees, agents, and suppliers harmless from any and all claims or demands, made by any third party due to or arising out of your use of the Services, the violation of these Terms by you, or the infringement by you of any intellectual property or other right of any other person or entity.
We reserve the right in our sole discretion to change these Terms at any time without prior notice to you. Any changes will be posted on Akahu Apply and become effective at the time of posting.
Your continued use of the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes. We reserve the right to modify, suspend, or discontinue all or part of the Services at any time to you and/or others, with or without notice. We shall not be liable to you or any other party should we exercise our right to modify, suspend, or discontinue all or part of the Services.
These Terms shall be governed by and construed in accordance with New Zealand law and the parties agree that any disputes will be settled in New Zealand courts, save that we may take action in any relevant jurisdiction to enforce our intellectual property rights.
Should any provision of these Terms be determined to be invalid or unenforceable by any court having competent jurisdiction, then the invalid or unenforceable provision will be replaced with a provision that reflects the intent of the original provision, to the extent permitted by applicable law and all other provisions of these Terms shall remain in full force and effect.
The headings in these Terms are solely used for convenience and have no legal or contractual significance.
You may not assign, transfer, or sublicense your rights under these Terms. Our delay or failure to exercise or enforce any right or provision of these Terms with respect to a breach by you or others shall not constitute or be construed as a waiver of such right to act. We shall not be responsible for any breach of these Terms caused by circumstances beyond our control.
If you have any questions in relation to the Terms, please contact us at hello@akahu.nz.
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