Site terms of use

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These terms were last updated on December 20th, 2023.

APPLICATION OF TERMS

1. These Terms apply to your use of the Website.  By accessing and using the Website:
2. you agree to these Terms and our privacy policy (available on the Website); and
3. 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 and accepts the privacy policy (available on the Website).
4. If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.  

CHANGES

1. We may change these Terms at any time by updating them on the Website.  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 the Website, you agree to be bound by the changed Terms.
2. We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

DEFINITIONS

1. In these Terms:
2. including and similar words do not imply any limit
3. 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
4. personal information means information about an identifiable, living person
5. Terms means these terms and conditions titled Website Terms of Use
6. Underlying System means any network, system, software, data or material that underlies or is connected to the Website
7. We, us or our means Emerge Group Limited, trading as SquareOne, and our permiited assigns, successors, and substitutes (including persons taking by novation), and in clause 7 (Disclaimers) and 8 (Liability) includes our personal representatives, executors, and administrators.
8. Website means the website https://getsquareone.app including its webpages and subdomains.
9. You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

INFORMATION

1. Our Website is operated by us from New Zealand. The information on our Website may not be appropriate or available for use in other jurisdictions. If you choose to access our Website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.
2. We are not a bank or a non-bank deposit taker or an investment product. Our product and service offering does not involve a bank account or credit facility, credit card or charge card facility or an account held at a financial institution.  
3. The materials, any comments or information provided by us on the Website are for educational purposes only and nothing conveyed or provided should be considered financial advice (or legal, accounting or tax advice) or a recommendation for a product or course of action or otherwise.
4. Any testimonial provided on the Website is simply an opinion of the third party person providing it and it shall create no guarantee or warranty and is not to be relied upon to predict anything relevant to your specific situation.
5. You remain responsible for whatever you may do with the information you obtain from us.
6. We are not a licensed financial advice provider or and we do not give any financial advice. You agree not to rely on any information or advice provided by us as financial advice. We do not offer or supply a financial advice product. We do provide information (for example, the cost and terms of our offering) but without providing (other than the procedure for doing so) any recommendation or opinion in respect of acquiring or disposing of our offering.
7. Any recommendation or opinion relating to our offering relates solely to these types of products generally and as a class of financial products. We may pass on the financial advice of another person without holding out that advice as our own advice. We may also recommend that a person consult a financial adviser.
8. We do not, directly or indirectly, hold out that we are a non-bank deposit taker, licensed or otherwise. We, however, maintain registration on the Financial Service Providers Register (NZ).

YOUR OBLIGATIONS

1. You must provide true, current and complete information in your dealings with us (including when providing information to us) and must promptly update that information as required so that the information remains true, current and complete.
2. By subscribing on our Website, you consent to receiving marketing, promotional and other material by way of electronic messages from us. By contacting us via the Website, you consent to receiving electronic messages from us.
3. If you use any communication tools available through our Website (such as any chat function, ‘contact us’ messaging function or message centre), you agree only to use such communication tools for lawful and legitimate purposes.  You must not use any communication tool for posting or disseminating any material unrelated to the use of our Website, including (without limitation) the offer of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of our website, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on our Website, you represent that you own the content of the communication.
4. You must:
5. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
6. unless with our agreement, access the Website via standard web browsers only 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 or monitoring method.
7. You must obtain our written permission to establish a link to our Website.  If you wish to do so, email your request to [ ].
8. You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms.
9. We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

INTELLECTUAL PROPERTY

1. We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

DISCLAIMERS

1. To the 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:
2. the Website being unavailable (in whole or in part) or performing slowly;
3. any error in, or omission from, any information made available through the Website;
4. 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 the Website.  To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
5. any site linked from the Website.  Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators. Any dealings with any advertiser appearing on our Website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.
6. We make no representation or warranty that the Website 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 the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

LIABILITY

1. To the maximum extent permitted by law:
2. you access and use the Website at your own risk; and
3. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website or any Losses arising out of any event or events beyond our reasonable control.  This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
4. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand 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.
5. To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD500.

SUSPENSION AND TERMINATION

1. 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 the Website (or any part of it).
2. On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

GENERAL

1. If we need to contact you, we may do so by email or by posting a notice on the Website.  You agree that this satisfies all legal requirements in relation to written communications.
2. These Terms, and any dispute relating to these Terms or the Website, 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 the Website.
3. For us to waive a right under these Terms, the waiver must be in writing.
4. Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 5.6, 6, 7 and 8 continue in force.
5. 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.
6. These Terms set out everything agreed by the parties relating to your use of the Website 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 the Website 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.  
7. You acknowledge that separate terms and conditions of use shall apply to our offering.

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