Terms and Conditions
Last Updated: September 2026 (version 2026-09-v3)
ELIGIBILITY AND ACCOUNT TERMS
1. Age Restrictions and Capacity By creating an account and using the Application, you represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity to enter into a binding contract under New Zealand law. If you are under 18, you may not use the Application or register for a paid subscription. Children and young people may not create or hold an account. You may record information about a child or dependant inside your own household budget or a Client Budget, and where you do you warrant you have the lawful authority to do so (as their parent or guardian, or under the consent and authority warranties in the Professional Use Addendum), you are the person responsible for that information, and you must enter only the minimum necessary information.
FEES, BILLING, AND REFUND POLICY
1. Subscription Plans and Fees My Budget operates on a paid subscription model with two tiers. Every plan includes all features; they differ only in capacity.
- Household (NZ$19.99/month incl GST): 5 active budgets, 20 archived budgets, 1 login, 30 AI document scans per calendar month, 10 AI budget insight runs per calendar month, and 2 GB of document storage.
- Professional (NZ$89.99/month incl GST): 50 active budgets, 250 archived budgets, 5 team logins (seats), 400 AI document scans per calendar month, 150 AI budget insight runs per calendar month, and 30 GB of document storage.
Client Budgets (budgets containing another person's information) are available on both paid plans up to their respective budget limits. Regardless of your plan, creating a Client Budget requires your prior acceptance of the Professional Use Addendum.
AI and storage limits are evaluated per calendar month and reset on the 1st of the month (UTC). Reaching a limit will temporarily block further use of that specific feature until the monthly reset or a plan upgrade, but will never result in data loss.
2. Payment Processing and Renewals By registering for a paid account, you agree to pay all applicable subscription fees. All payments and recurring billings are executed via our third-party payment gateway, Stripe. By submitting your payment details, you authorise My Budget (T/A Sky Bison Code Design), through Stripe, to charge the specified payment method for all applicable fees.
- Continuous Authorisation: Your subscription will automatically renew at the end of each billing cycle under the same pricing terms unless you cancel your plan or we terminate it. You authorise Stripe to automatically collect the then-current subscription fee using the payment method on file.
- Plan Changes: You may upgrade your plan at any time; upgrades take effect immediately with the cost prorated for the remainder of your billing cycle. Downgrading to a lower plan is blocked if your account usage currently exceeds the lower plan's capacity; you must archive budgets, delete stored files, or remove team members to fit within the lower limits before the downgrade can be processed.
- Cancellation Workflow: You may cancel your subscription at any time directly through your account dashboard settings. Cancellation takes effect immediately — your subscription will not renew and you will not be charged again. Following cancellation, you will retain full premium access to the Application until the end of your current paid billing period, at which point your account will revert to an inactive subscription status. You are strongly advised to export your data before your paid period ends.
3. Archived Budgets Archived budgets are read-only but remain viewable and exportable, and they do not count toward your active budget limit. They are retained for as long as your subscription is active, and are subject to the same data retention and deletion rules as active budgets. On cancellation or payment failure, access to all budgets (both active and archived) is restricted at the end of your paid period, though your data is retained securely until you request deletion, in accordance with our Privacy Policy.
4. Gift Subscriptions My Budget offers gift subscriptions for the Household plan.
- Purchase and Delivery: Gift purchases require a one-off payment for a fixed number of months (1, 3, 6, or 12) at the standard Household monthly rate. The gift does not auto-renew and no card details are ever collected from the recipient. The code is issued to and can only be claimed by the recipient email address nominated by the purchaser. The purchaser confirms they are entitled to provide us with the recipient's name and email address, which we use solely to deliver the gift and never for marketing purposes.
- Claiming and Expiry: The code must be claimed within twelve (12) months of purchase; otherwise, it lapses with no refund. Claimed months are granted as complimentary access that stacks on top of any time remaining on the recipient's existing access. If the recipient already has an active paid subscription, it will continue to bill unless they cancel it themselves.
- Refunds: Gift purchases are non-refundable once the code has been emailed, subject to the purchaser's rights under the Consumer Guarantees Act 1993.
5. Price Adjustments We reserve the right to modify subscription pricing tiers at our sole discretion. Any changes to pricing structures will only apply to future billing cycles. My Budget will provide you with at least thirty (30) days' advance notice via email or an in-app alert before any price adjustment takes effect. You will keep the price you signed up at unless we provide this specific notice. If you do not agree to a new price, you must cancel your subscription prior to its effective date.
6. Failed Payments and Account Suspension If Stripe is unable to successfully process a recurring charge due to an expired card, insufficient funds, or any other payment error:
- Grace Period: You will be granted a grace period of seven (7) calendar days from the date of the failed transaction to update your payment information. During this grace period, your premium app access will remain active.
- Retries: Stripe will automatically attempt to re-charge your payment method multiple times during this period.
- Suspension: If the payment balance is not cleared or payment details are not updated within seven (7) days, My Budget reserves the right to immediately suspend or restrict your premium account functionality, or pause account processing and data uploads until all outstanding balances are paid in full.
7. Consumer Law Guarantees and Refund Policy
- Statutory Guarantees: Nothing in these Terms excludes, restricts, or modifies any rights, remedies, or guarantees you may have under the New Zealand Consumer Guarantees Act 1993 (CGA) or Fair Trading Act 1986 (FTA). Where you are acquiring our services as a consumer for personal, domestic, or household use, you are entitled to all statutory protections under New Zealand law.
- Discretionary Review: Subject to your statutory rights under the CGA, all fees paid to My Budget—including recurring subscription fees—are otherwise strictly non-refundable. Refunds are not granted for partial months of service, unused account periods, voluntary account closures, or change-of-mind cancellations. However, we evaluate refund requests on a strict case-by-case, discretionary basis in the event of documented technical system failures or billing errors caused entirely by our infrastructure that permanently prevent you from accessing the Application.
- Submission Window: To request a discretionary refund review, you must contact our billing support team at admin@mybudget.org.nz within fourteen (14) calendar days of the disputed transaction, providing your account details and an explanation of the issue. The granting of a refund in one instance does not establish an obligation to grant refunds under similar circumstances in the future.
8. Billing Disputes and Pre-Action Resolution Because all transactions are directly managed between you and My Budget, Stripe cannot arbitrate billing complaints. You agree to notify us directly of any billing discrepancies or unauthorised charges within thirty (30) calendar days of the transaction date.
- Good Faith Resolution: You explicitly agree to give our support team a minimum of seven (7) business days from your initial email notification to investigate and resolve the issue before you file an official dispute, chargeback request, or claim with your credit card company or banking institution.
- Chargeback Consequences: Initiating an unannounced chargeback or bank dispute without first providing us this resolution window may result in the immediate and permanent termination of your user account, revocation of your plan, and the forfeiture of all stored budget data.
INTELLECTUAL PROPERTY, DISCLAIMERS, AND LIMITATION OF LIABILITY
1. No Financial, Investment, or Legal Advice The My Budget application (the "Application") provides automated budgeting, expense tracking, and financial organisation tools for informational, educational, and personal management purposes only.
- No Professional Status: My Budget is not a registered financial advisor, certified public accountant (CPA), fiduciary, or investment broker. The Application does not provide professional, certified, or tailored financial planning, tax, accounting, or legal advice.
- User Responsibility: You acknowledge that any financial choices, budget configurations, or reliance upon the calculations, trends, A.I, or visual data generated by the Application are made entirely at your own risk. You are solely responsible for verifying your real-world financial balances, account statuses, and obligations before making financial decisions. We strongly recommend consulting with a qualified, licensed financial professional prior to making major financial commitments.
- AI-generated insights are automated, experimental, and do not constitute human financial oversight.
2. "As-Is" and "As-Available" Software Performance The Application, including all algorithms, calculators, tracking charts, and automated budget notifications, is provided on an "AS-IS" and "AS-AVAILABLE" basis without warranties of any kind, either express or implied.
- No Guarantee of Perfection: To the maximum extent permitted by applicable law, we explicitly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or data accuracy.
- System Imperfections: We do not warrant that the Application will operate completely error-free, uninterrupted, or without occasional processing delays. You acknowledge that software calculations are dependent on user inputs and uploaded files, and may experience minor round-off variances or temporary network disruptions.
3. Comprehensive Limitation of Liability To the maximum extent permitted by applicable law, in no event shall My Budget, its founders, employees, or third-party suppliers be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever. This includes, without limitation:
- Financial Outcomes: Any loss of profits, savings, or investment value; any incurred bank fees, overdraft penalties, or late fees on real-world bills; or any business interruptions arising out of your use or inability to use the Application.
- Data Anomalies: Any loss, corruption, or unauthorised alteration of your stored budget history, financial entries, or account details resulting from hardware failures, network drops, or cyber-security incidents.
- Third-Party Failures: Any errors, delays, or service drops caused directly by third-party services integrated into the app (such as currency exchange rate feeds, or hosting servers).
4. The Maximum Liability Cap Notwithstanding anything to the contrary contained in these Terms, and except as strictly required under the Consumer Guarantees Act 1993, our total, maximum aggregate legal liability to you for any and all claims, disputes, or causes of action arising out of or relating to the Application—regardless of the legal theory pursued (contract, tort, breach of warranty, or otherwise)—shall be strictly limited to and capped at the total amount of subscription fees actually paid by you to My Budget for the use of the Application during the twelve (12) month period immediately preceding the event giving rise to liability.
In no event will our liability exceed the actual amounts paid by you to My Budget.
INTELLECTUAL PROPERTY AND USER-GENERATED FINANCIAL DATA
1. Ownership of the Application and Proprietary Rights Except for the raw data explicitly entered or uploaded by users, all right, title, and interest in and to My Budget (the "Application") are and will remain the exclusive property of My Budget.
- Our Intellectual Property: This includes, without limitation, all software code, proprietary algorithms, budget categorisation taxonomy and New Zealand tax calculation logic, user interfaces, visual designs, database structures, graphics, logos, and branding elements.
- License Restrictions: You are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the software solely for personal budget management or internal commercial operational tracking. You explicitly agree that you will not reverse-engineer, decompile, scrape, copy, modify, or attempt to extract the source code of the Application.
2. Uploaded Financial Data and Documents You retain full ownership and responsibility over the financial data, documents, and entries you manually enter or upload to the Application (collectively referred to as "User Data"). You warrant that you have the legal right to enter or upload this information. You acknowledge that users enter budget data manually and may upload documents (such as loan contracts, payslips, or insurance documents) for AI-assisted information extraction. The Application does not connect to, import from, or sync with any bank account, does not ingest bank statement feeds, and we never request or store your internet banking credentials. You are solely responsible for securely storing any exports you generate. You must verify every extracted figure against the source document before relying on it. To deliver the services of the platform, you grant My Budget a secure, worldwide, royalty-free, and automated license to host, parse, cache, transmit, backup, and display your User Data solely to execute the features of the Application for you. If any of the data you upload relates to a person other than yourself, the Professional Use Addendum below also applies and imposes additional warranties and an indemnity on you — see the Professional Use Addendum.
2.1 Data Deletion and Account Closure Upon deletion of your account through the dashboard, My Budget will immediately and permanently delete all budget items, income, outgoings, savings and investment records, uploaded and scanned documents, credit check records, client budgets, stored files, AI usage records, and account metrics from both our active databases and file storage systems. This includes a comprehensive recursive cleanup of all files stored in our secure private file storage infrastructure, ensuring no orphaned data remains. A confirmation email will be sent to your registered email address confirming the successful deletion of your account and all associated data. Following account deletion, your email address is retained in a minimal, standalone record for a maximum period of twelve (12) months solely to prevent account-related confusion at login and to support fraud prevention. This record is automatically and permanently purged after the twelve-month retention period expires. Alternatively, you may request account deletion by contacting admin@mybudget.org.nz. This deletion is irreversible, and all data — including documents stored in our secure file storage — will be permanently removed.
3. Data Minimisation and Anonymised Aggregation
- No Commercial Sale: Sky Bison Code Design will never sell, lease, rent, or distribute your identifiable User Data or private financial entries to third-party marketing networks or external credit bureaus.
- Anonymised Metrics: You agree that we may compile, analyse, and use anonymised, aggregated, and de-identified data derived from your own account holder operations to improve the Application's system performance and macro-financial benchmarks. This data will contain absolutely zero personally identifiable parameters and cannot be traced back to any individual user or account.
- Client Budgets and AI Model Training Excluded: Information entered into a Client Budget (i.e. information about any person other than the account holder) is excluded entirely from any aggregation, benchmarking, product-improvement, or model-training use, and is used only to operate, secure, support, and back up the Application for the account holder. Furthermore, we never use identifiable data, and never use any Client Information, to train AI models.
4. Account Security and Breach Notification Obligations Because financial profiles require strict protection, your account security relies on mutual diligence.
- User Duty of Care: You are entirely responsible for maintaining the confidentiality of your login credentials (passwords, biometrics, or PIN codes). You agree not to share your account access with unauthorised third parties.
- Immediate Reporting: You agree to notify our security support team immediately at admin@mybudget.org.nz if you discover or suspect any unauthorised access to your account, credential theft, or a localised security breach on your device. We are not liable for any losses or unauthorised changes to your budgets resulting from compromised login credentials.
PROFESSIONAL USE ADDENDUM — CLIENT BUDGETS AND INFORMATION ABOUT OTHER PEOPLE
This Addendum forms part of these Terms, applies in addition to (not instead of) the rest of the Terms, and acceptance is required before you can create your first Client Budget.
1. Definitions and Scope — "Client Budget" means a separate budget you create in the Application for a person or entity other than yourself. "Client Information" means any personal information (as defined in the Privacy Act 2020) or financial information about any natural person other than you, including a client, partner, family member or dependant. "Professional User" means any user who creates a Client Budget or otherwise enters Client Information. This Addendum applies from the moment you enter any information about any person other than yourself, whether or not you are acting commercially.
2. Team Members and Shared Access — The Professional plan provides multiple team logins (seats) under a single account. The account holder (owner) is solely responsible for inviting members and managing their access. Every member of an account can see ALL of that account's Client Budgets — per-client access restriction is not available. The account holder must only invite people who are legally and professionally entitled to view this Client Information. Roles include 'owner' (billing, team management, full access), 'adviser' (create and edit budgets), and 'viewer' (read and export only); however, role choice does not limit which budgets a member can see. Every invited member must personally accept this Addendum before opening any Client Budget.
3. Your Warranties as to Authority and Consent — you warrant and represent, on a continuing basis and for each individual concerned, that: you have obtained that individual's informed consent, or hold other lawful authority, to collect their information and to enter, upload, store and process it in the Application; you have given them the notice required by Information Privacy Principle 3 of the Privacy Act 2020, including who you are, the purpose of collection, that their information will be stored and processed in My Budget, a cloud application operated by Sky Bison Code Design, that it may be processed on servers outside New Zealand, their right to access and correct it, and the consequences of not providing it; the information was collected lawfully, fairly and not by unreasonably intrusive means; you enter only the minimum information necessary for budgeting purposes; and where your professional body, employer or regulator requires a signed client authority, you hold a current one, will retain it for at least seven (7) years, and will produce it to us within five (5) working days of a reasonable written request. You confirm that the per-client attestation you make in the Application when creating or editing a Client Budget is true and accurate.
4. Allocation of Responsibility — You Are the Agency, We Are Your Service Provider — in respect of Client Information you (the account holder) are the "agency" under the Privacy Act 2020 and you determine the purposes and means of its collection and use. We hold Client Information solely as your agent for the purposes of safe custody, storage and processing on your behalf, and, under section 11 of the Privacy Act 2020, that information is treated as held by you and not by us. You are responsible for the acts and omissions of all members you invite to your account, and for removing them promptly when their employment or engagement ends. We will not access, use or disclose Client Information except as strictly necessary to operate, secure, support and back up the Application for you, or as required by law. Nothing in this clause makes us a party to, or responsible for, your relationship with the individual concerned.
5. Access, Correction and Complaints (IPP 6 and IPP 7) — the account holder is solely responsible for receiving and responding to any request for access to, or correction of, Client Information, and to any privacy complaint, within the twenty (20) working day statutory timeframe. You are the sole point of contact for the individual. We will not respond substantively to your clients, and you must not direct them to us as though we were the holder of their information. We will provide you with reasonable assistance to locate, extract, correct or delete Client Information using the export, edit and deletion tools in the Application, and will refer any request we do receive to you.
6. Uploading Third-Party Documents — you must hold express authority for every document you upload that relates to another person. You must not upload: internet banking credentials or login details; documents subject to legal professional privilege that you are not authorised to disclose; health information beyond what is strictly necessary; or any material you are contractually or legally prohibited from disclosing to a third-party service provider. You acknowledge that the AI document scanning feature transmits document contents to third-party artificial-intelligence processors for automated information extraction, that this is an automated process, and that you are responsible for obtaining the individual's consent to that automated processing before uploading. You must verify every extracted figure against the source document before relying on it; extraction is automated and may be inaccurate or incomplete.
7. Credit Information and the Credit Reporting Privacy Code 2020 — the credit check tracking feature is a record-keeping tool only. My Budget is not a credit reporter, credit reporting agency or credit-scoring service, and no part of the Application constitutes a credit report or credit reporting service. Where you record or upload credit information about another person, you warrant that you obtained it in compliance with the Credit Reporting Privacy Code 2020, that you held that individual's specific authorisation to obtain it, that you will use it only for the purpose for which it was authorised, and that you will not on-disclose it. You must not use the Application, or any data in it, to construct, operate or supply a credit-scoring, credit-decisioning, debt-collection or credit-reporting product or service.
8. Regulated Financial Advice and Your Own Compliance — the Application is a budgeting and record-keeping tool. It does not provide regulated financial advice and does not make you compliant with any obligation of your own. If you provide financial advice services in New Zealand you are solely responsible for holding the required licence or authorisation, and for complying with the Financial Markets Conduct Act 2013, the Financial Services Legislation Amendment Act 2019, the Code of Professional Conduct for Financial Advice Services, the Anti-Money Laundering and Countering Financing of Terrorism Act 2009, and any record-keeping, disclosure or client-file retention requirement applicable to you. You must not present output generated by the Application, including AI-generated insights, to any person as regulated financial advice, or in a way that suggests it has been reviewed, verified or endorsed by us.
9. Retention and Deletion of Client Budgets — deleting a Client Budget permanently and irreversibly destroys that budget's items, credit check records and uploaded documents, and cannot be undone by us. You are solely responsible for exporting and retaining, outside the Application, any record you are required by law or by your professional obligations to keep before you delete it. You are equally responsible for deleting Client Information once you no longer have a lawful purpose for holding it, as required by Information Privacy Principle 9. Deleting your own account deletes every Client Budget in it.
10. Security and Breach Notification — you must notify us immediately at admin@mybudget.org.nz if you suspect any unauthorised access to your account or to any Client Budget. We will notify you without undue delay of any privacy breach we become aware of that affects your Client Budgets, and will give you reasonable assistance and information. Because you (the account holder) are the agency with the relationship to the individual, you are responsible for assessing whether a breach is a notifiable privacy breach under Part 6 of the Privacy Act 2020 (including any misuse of data by members you invited), and for notifying the Office of the Privacy Commissioner and the affected individuals. You must not represent to any person that we have accepted responsibility for a breach caused by your use of the Application, your invited members, your devices or your credentials.
11. No Relationship Between Us and Your Clients — we owe no duty of care, contractual or otherwise, to any person whose information you enter. Your clients are not our users, we have no relationship with them, and you must not represent that we act for them, advise them, or have verified any figure, document or calculation on their behalf.
12. Indemnity — to the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Sky Bison Code Design, its founders, directors, employees and contractors from and against all claims, demands, actions, investigations, losses, liabilities, damages, fines, penalties, awards, and reasonable legal and expert costs, arising out of or in connection with:
- (a) any breach by you (or any member of your account) of this Professional Use Addendum or of any warranty in it;
- (b) any Client Information entered into the Application without the informed consent or lawful authority of the individual concerned;
- (c) any complaint, inquiry, investigation, audit or proceeding brought by an individual, the Office of the Privacy Commissioner, a Disputes Resolution Scheme, a professional or disciplinary body, the Financial Markets Authority or the Commerce Commission relating to your use of the Application;
- (d) any advice, service or recommendation you provide to any person, whether or not it relied on output from the Application;
- (e) your failure to respond to an access, correction or deletion request, or to discharge a breach notification obligation; and
- (f) your inaccurate entry, misuse or premature deletion of Client Information.
Furthermore:
- This indemnity survives termination of your account and of these Terms;
- The limitation of liability and liability cap set out above limit OUR liability to YOU and do not in any way limit, cap or reduce your obligations under this indemnity;
- We may, at our option, control the defence and settlement of any indemnified claim using counsel of our choosing, and you must not settle any claim in a manner that admits fault or liability on our part or imposes any obligation on us without our prior written consent;
- You must reimburse us within thirty (30) days of a written demand supported by reasonable evidence of the amounts incurred.
13. Suspension and Termination for Breach — we may immediately suspend your access to any or all Client Budgets, or terminate your account, without refund, if we reasonably believe you (or any member of your account) are in breach of this Addendum, if we receive a substantiated complaint from an individual whose information you have entered, if you fail to produce a client authority when reasonably requested, or if we are directed to do so by a regulator or court.
14. Business and Professional Use — you confirm that where you use the Application for the purposes of a business, the contracting-out provisions in the General Provisions section of these Terms apply, and that you are acquiring the services for business purposes.
15. Acceptance and Record of Acceptance — you must expressly accept this Addendum in the Application before creating your first Client Budget. We record the date, time and version of that acceptance, and the date and time of each per-client consent attestation you make, and you agree those records are admissible and, absent manifest error, conclusive evidence of your acceptance.
GENERAL PROVISIONS
1. Governing Law and Jurisdiction These Terms and Conditions, your use of the Application, and any dispute, controversy, or legal claim arising out of or in connection with them (including non-contractual disputes) shall be governed by, and construed in accordance with, the laws of New Zealand. Both you and My Budget irrevocably agree that the courts of New Zealand shall have exclusive jurisdiction to hear, coordinate, and determine any suit, action, or legal proceeding that may arise out of or in connection with these Terms.
2. Amendments and Variations to Terms We reserve the right to update, modify, or replace any part of these Terms and Conditions at our sole discretion to reflect changes to our software features, operational security standards, regulatory compliance protocols, or payment gateway frameworks.
- Notification Window: If a structural change significantly alters your material rights or operational subscription parameters, we will provide you with at least thirty (30) days' advance notice via email or a prominent in-app dashboard notification before the updated terms become legally active.
- Right to Terminate: If you do not agree to the modified Terms, your sole and exclusive remedy is to stop using the Application prior to the expiration of the 30-day notice period. For subscription users, this requires cancelling your recurring billing plan.
- Acceptance by Continued Use: Your continued access or use of the Application following the official effective date of any published modifications constitutes your explicit, binding acceptance of the revised Terms and Conditions.
3. Severability If any provision, clause, or sub-section of these Terms and Conditions is determined by a court of competent jurisdiction or local New Zealand tribunal to be invalid, illegal, or completely unenforceable under applicable law, that specific provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not legally possible, the affected provision or part-provision shall be severed from the document. The invalidity or severability of any single sub-clause shall not affect the validity, legality, and absolute enforceability of the remaining provisions of these Terms, which will continue in full force and effect.
4. Entire Agreement and Privacy These Terms and Conditions, alongside our explicitly linked Privacy Policy and any official Stripe billing checkout confirmations, constitute the entire, complete, and exclusive legal agreement between you and Sky Bison Code Design regarding your use of the Application. By accepting these Terms and creating an account, you explicitly acknowledge that you have read, understood, and agree to the collection, storage, use, and disclosure of your personal information as outlined in our Privacy Policy. This agreement supersedes and extinguishes all prior or contemporaneous oral or written agreements, promotional promises, or informal understandings between the parties relating to its subject matter.
5. No Waiver No failure, omission, or delay by Sky Bison Code Design in exercising any legal right, power, or remedy provided under these Terms or by New Zealand common law shall operate as a waiver of that right or remedy. Furthermore, any single or partial exercise of a right or remedy shall not prevent or restrict the further exercise of that or any other right or remedy in the future.
6. Statutory References Any references within these Terms to specific New Zealand statutes—including the Contract and Commercial Law Act 2017, Privacy Act 2020, Fair Trading Act 1986, or Consumer Guarantees Act 1993—shall include any subsequent amendments, re-enactments, or successor legislation modifying those acts.
7. Business Use Contracting Out If you are acquiring or using the services of the Application for the purposes of a business (as "business" is defined under the Consumer Guarantees Act 1993), you explicitly agree that:
- The guarantees, protections, and remedies provided under the Consumer Guarantees Act 1993 do not apply to the supply of these services to you.
- For the purposes of Section 5D of the Fair Trading Act 1986, the provisions of Sections 9, 12A, and 13 of that Act do not apply to our relationship, and you agree that it is fair and reasonable to contract out of these provisions.
- You are solely responsible for ensuring that your use of the Application complies with any financial or commercial record-keeping legislation applicable to your business.
8. Record of Acceptance and Versioning of These Terms We assign a version identifier to each published revision of these Terms, our Privacy Policy and the Professional Use Addendum, and we record which version you accepted and when, at registration, at checkout and at the point of accepting the Addendum. You agree that these records are admissible and, absent manifest error, conclusive evidence of the terms you agreed to. Where a revision materially affects your rights we may require you to re-accept before continuing to use the Application.
9. General Indemnity In addition to the indemnity in the Professional Use Addendum, and to the maximum extent permitted by law, you indemnify us against all claims, losses, liabilities and reasonable legal costs arising from: your breach of these Terms; any content, file or data you upload that you did not have the right to upload; your infringement of any third party's intellectual property or privacy rights; your use of the Application in breach of any applicable law; and any unauthorised use of your account resulting from your failure to keep your credentials secure. Note this indemnity does not apply to the extent a claim is caused by our own breach of these Terms, and does not affect your statutory rights where the Consumer Guarantees Act 1993 applies to you.