Terms and conditions

General

These terms and conditions and our related privacy policy apply to all users of any website, application ('app'), member portal services or any other services provided by Booster Financial Services Limited and its subsidiaries ('Booster') (together referred to as the 'Services'), and in continuing to use any of the Services, you agree to be bound by them.

Booster may change these terms and conditions at any time without notification (though we will endeavour to notify you when we make changes).

By accessing or downloading any Services provided by Booster you agree to these terms and conditions and any changes to these terms and conditions without notification.

These Services, any information contained on these Services, and these terms and conditions, shall be interpreted in accordance with, and governed by, the laws of New Zealand including any person using the website or app from outside New Zealand.

Privacy policy

For our policy on how we collect and store information about you, including for any person accessing or using any Service from outside New Zealand, please refer to the Booster privacy policy.

Advice

The information provided via our Services, including our Budgeting Tool, is of a general nature and is for information purposes only and is not intended to be personalised advice. It is not a substitute for personal financial or other professional advice, and doesn't take into account any individual's particular circumstances.

You should get professional advice on your individual requirements before purchasing any financial product referred to on our Services or before making any financial decision. A Disclosure Statement is available, on request and free of charge, from your financial adviser.

Links

Any links and references to other third party websites, apps or other services on our Services are provided for convenience and informational purposes only, and don't represent any endorsement by Booster of those websites or apps or any information contained in those websites or apps.

Booster accepts no responsibility in relation to information on any other websites, apps or other services that are not operated by Booster.

Copyright

All Services provided by Booster and all their content and interactive features are protected by copyright, trademark, or other intellectual property laws of New Zealand unless specified otherwise.

You may download or print a copy of information on our websites as long as you retain all copyright and other proprietary notices contained on the materials.

You may link to content on our websites, provided you do so in a way that is fair and legal, properly identifies the source of the content, does not damage our reputation, and does not create an impression of any form of affiliation, approval or endorsement on our part.

Any other copying, republication, reproduction, or posting of graphics, text or other content from our websites is expressly prohibited without advance written permission. You can request permission by contacting us at [email protected]

Limitation of liability

Booster accepts no liability for any loss or damage arising directly or indirectly out of the use of, or reliance on, the information provided on any of our Services.

Booster Investment Management Limited, a subsidiary of Booster Financial Services Limited, is the manager and issuer, and Public Trust is the supervisor, of the Booster KiwiSaver Scheme, the Booster Investment Scheme, the Fidelity Super-Super Plan, Number 3 and the Booster Investment Scheme 2 (Schemes). None of Booster, the Government, Public Trust, or any director, board member or nominee of any of those entities, or any other person, guarantees the Schemes’ performance, returns or repayment of capital except in relation to the Booster KiwiSaver Scheme Capital Guaranteed Fund where the manager has provided a limited guarantee in relation to the unit price of that fund. Details of the guarantee and its limitations can be found in the Booster KiwiSaver Scheme Product Disclosure Statement – Multi-sector Funds (PDF 566kB).

Booster, or any of its associated companies, is not a related party of Fidelity Life Assurance Company Limited and Fidelity Life has no involvement in the Fidelity Super-Super Plan, Number 3.

Booster takes all reasonable care to provide correct and up-to-date information on its Services, but Booster doesn’t warrant its accuracy, completeness or reliability. The information is subject to change, including these terms and conditions, without notice.

Booster accepts no responsibility or liability for any loss, damage, cost or expense incurred or suffered by you or any other person as a result of, or in connection with:

• your use of any of our Services, including any changes you make to your personal information. If you hold a Booster investment jointly and make changes to that account, you must have the permission of the other parties
• the information on any Services provided by Booster
• any error, omission or misrepresentation in, or in relation to, any information contained on any of our Services
• any changes to any of our Services made by any unauthorised person
• the availability of any of our Services for your use
• inability to access or use any of our Services due to limitations in network coverage or connectivity
• disruptions, defects and technical errors that may occur from time to time to any of our Services
• any loss or damage caused as a result of your personal information being stolen and or misused, including (but not limited to) by way of theft, fraud and identification theft and through any company contracted or sub-contracted by Booster
• any consequences arising from any device that has been stolen, lost or misplaced on which you have downloaded any of our Services
• viruses and other harmful elements that may be present (but not limited to) on websites, software, servers and apps and as a result of downloading/clicking on any of our Services, or third party app, hyperlink or other source
• third party websites, applications, products and services.

The disclaimers and limitations of liability in these terms and conditions do not limit any other disclaimers or limitations of liability elsewhere on any of our Services.

Applications (app), Budgeting Tool or Similar Services

General

The following applies to the Booster app, Budgeting Tool and any other related Services that offers similar services and functions.

This Booster app, the Budgeting Tool, and including any other related Services that offers similar services and functions, is not sold to you – rather it is licensed to you for use (together the 'Service'). This Service is for your own personal use but you should be aware that you cannot send it on to anyone else, and you’re not allowed to copy, or modify the Service, any part of the Service, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the Service, and you also shouldn’t try to translate the Service into other languages, or make derivative versions. The Service itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, belong to Booster.

Booster is committed to ensuring that the Service is as useful and efficient as possible. For that reason, Booster reserves the right to make changes to the Service at any time and for any reason.

The Booster Service stores and processes personal data that you have provided to us and you should read our privacy policy in respect of the collecting, storing and use of this information. It’s your responsibility to keep your device and access to the Service secure. We recommend that you do not remove any software restrictions and limitations imposed by the official operating system of your device that could compromise the security of your device.

In using the Booster app specifically, you’re accepting responsibility for any telecommunications provider charges, including roaming data charges if you use the app.

Specifically, Booster may update the app from time to time. The app is currently available and supported for both the Android and iOS systems. The requirements for both Android and iOS systems (and for any additional operating systems Booster decides to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Booster does not promise that it will always update the app so that it is relevant to you and/or works with the iOS/Android version (or any other operating system) that you have installed on your device. However, you promise to always accept updates to the app when available and when technically possible.

Booster may also wish to stop providing or terminate use of the Service at any time without giving notice to you. Upon any termination any rights granted to you will cease and you must stop using the Service and delete any app from your device.

Users

When you use any Booster apps, or the Budgeting Tool, or a similar Service, including (but not limited to) where you may complete any forms, enter personal data, link personal bank accounts to the app or Budgeting Tool (or similar Service) or download transactional data to any Service, we (or any contracted third party) will collect and store personal information.

Rights to use the app, Budgeting Tool or similar Service

You may be invited to use any Booster app, Budgeting Tool or a similar Service if you have an account with Booster. Upon closing all accounts with Booster you will no longer be entitled to use any Booster app, Budgeting Tool or similar Service and you warrant and confirm that you will remove the app from your device immediately. 

Parties involved

Booster is the provider of the app, Budgeting Tool or similar Service.

Yodlee Inc ('Yodlee') provides services to support the 'bank function' of any Service (see below) either directly to Booster or indirectly via another third party at the discretion of Booster without prior notice or consent.

Yodlee is a third party contracted by Booster directly. 

Booster may change who it contracts or sub-contracts with at any time to provide the app services or similar Services herein without notice and any such party can include a related entity of Booster. Any consents provided by you in these terms and conditions will automatically apply to any new third party / related party appointed to provide such services or variation of.

General collecting and storage of information

When you download the Booster app, used the Budgeting Tool or similar Service, you consent to Booster or any third party contracted by Booster, including but not limited to Yodlee, to collect and store information about you, including where relevant, bank registration credentials, account numbers and transactional data.

You also agree to indemnify Booster and any third party contracted by Booster from any loss or damage caused as a result of your personal information being stolen and or misused, including by way of theft, fraud and identification theft.

For more information on how your personal information is collected, stored and managed, including the accessing of it, please read the privacy policy.

Yodlee terms and conditions

By downloading the Booster app or similar Service, you agree to the following terms and conditions where Yodlee provides an app service (or other service) to Booster (whether direct or indirect):

• Content you provide and is divided by use of the service - you are licensing to Booster and its service providers ('Service Provider'), any information, data, passwords, materials or other content (collectively, 'Content') you provide through or to the service. Booster and any Service Provider may use, modify, display, distribute and create new material using such Content to provide the service to you. Booster and any Service Provider may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of the Service. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Booster and any Service Provider may use the Content for the purposes set out above. As between Booster and Service Provider, Booster owns your confidential account information.
• Provide accurate information - you agree to provide true, accurate, current and complete information about yourself and your accounts maintained and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. 
• Proprietary rights - you are permitted to use Content delivered to you through the service only on the service. You may not copy, reproduce, distribute, or create derivative works from this Content. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the service.
• Third party accounts - by using the service, you authorise Booster and Yodlee to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Booster and Yodlee a limited power of attorney, and you hereby appoint Booster and Yodlee as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You acknowledge and agree that when Booster or Yodlee accesses and retrieves information from third party sites, Booster or Yodlee are acting as your agent, and not the agent or on behalf of the third party. You agree that third party account providers shall be entitled to rely on the foregoing authorisation, agency and power of attorney granted by you.  You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service. You acknowledge that through the use of this service, Booster shall have access to your account credentials, including, but not limited to login username and passwords.
• Disclaimer of warranties - you expressly understand and agree that:
  • your use of the service and all information, products and other Content (including that of third parties) included in or accessible from the service is at your sole risk. The service is provided on an 'as is' and 'as available' basis. Booster and Yodlee expressly disclaim all warranties of any kind as to the service and all information, products and other Content (including that of third parties) included in or accessible from the service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement.
  • Booster and Yodlee make no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or (v) any errors in the technology will be corrected.
  • any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Booster or Yodlee through or from the service will create any warranty not expressly stated in these terms.
  • limitation of liability - you agree that neither Booster or Yodlee nor any of their affiliates, account providers or any of their affiliates will be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if Booster or Yodlee has been advised of the possibility of such damages, resulting from: (i) the use or the inability to use the service; (ii) the cost of getting substitute goods and services; (iii) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the service; (iv) unauthorised access to or alteration of your transmissions or data; (v) statements or conduct of anyone on the service; (vi) the use, inability to use, unauthorised use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages; or (vii) any other matter relating to the service.
  • indemnification - you agree to protect and fully compensate Booster and Yodlee and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
  • you agree that Yodlee is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Yodlee were a party to this agreement.

Specific tools – 'bank function'

If you are using the 'bank function' in any Booster app, the Budgeting Tool or other similar Service, your bank registration credentials (including account numbers, access numbers/user identification details and passwords) will be collected by Yodlee by way of a secure token, and stored by Yodlee. Yodlee is a third party provider with which Booster has either contracted directly or indirectly to provide such services.

By using the 'bank function' in any Booster app or other similar Service, you provide your consent to Yodlee collecting your bank registration credentials and Yodlee storing your bank registration credentials by way of a limited power of attorney, and you agree that, while you have any app with the ‘bank function’ active on that app, that limited power of attorney has not been revoked. You may revoke your limited power of attorney at any time by deleting the bank accounts you have linked in the app or portal service.

You indemnify Booster and Yodlee from any loss or damage caused as a result of your personal information being stolen and or misused, including (but not limited to) by way of theft, fraud and identification theft. You also indemnify Booster and Yodlee from any claim made by your respective bank(s) as a result of you using the 'bank function' in any Booster app or portal service.

Specific tools – Booster Investments

If you are using a Booster Investments function in any Booster app or other similar Booster Service whereby you can access information about your personal investment with Booster, your login credentials (including access numbers and passwords) will not be passed on or stored by any third party. 

Apple and Google Play copyright

Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc., registered in the U.S. and other countries.

Google Play and the Google Play logo are trademarks of Google Inc.

Last updated 29 January 2019