Terms of service
Last Modified: October 24, 2021 Effective Date: October 27, 2021
Welcome
Thank you for your interest in Beyond Budget (“Beyond Budget,” “we”, or “us”) and our website at zero-budget.net, along with our related websites, networks, applications, mobile applications, and other services provided by us, collectively, the “Service”. These Terms of Service are a legally binding contract between you and Beyond Budget regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING BEYOND BUDGET'S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND BEYOND BUDGET’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY BEYOND BUDGET AND BY YOU TO BE BOUND BY THESE TERMS.
Arbitration Notice: Except for certain kinds of disputes described in Section 18, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND BEYOND BUDGET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury. (See Section 18.)
1. Beyond Budget Service Overview
Beyond Budget offers users budget management software services which allow users to organize their financial matters in one place.
2. Eligibility
You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. Accounts and Registration
To access the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately email us at [email protected].
Price
Beyond Budget reserves the right to determine pricing for the Service. Beyond Budget will make reasonable efforts to keep pricing information published on the app up to date. We encourage you to check our app periodically for current pricing information. Beyond Budget may change the price of any feature of the Service; if this occurs, we will provide you advance notice of the changes before they apply. Beyond Budget, at its sole discretion, may make promotional offers with different features and different pricing to any of Beyond Budget’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
Authorisation
You authorise Beyond Budget and its third party payment processors to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Beyond Budget, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Beyond Budget or its third party payment processors may seek pre-authorisation of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Subscription Service
The Service includes automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorise Beyond Budget or its third party payment processors to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period (e.g., monthly billing periods will be billed on the same day each month). The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Beyond Budget or its third party payment processor will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by following the instructions provided at the following links for Beyond Budget app.
Delinquent Accounts
Beyond Budget may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
5. Beyond Budget Service Products
You may choose to sign up for the trial version of Beyond Budget and then pay for the subscription, which automatically renews at the end of your billing period consistent with the terms of Section 4.3.
If Beyond Budget offers you a free trial of Beyond Budget (“Trial Period”), you will have access to most of Beyond Budget features during the Trial Period. If you do not elect to upgrade to a paid subscription prior to the end of the Trial Period, the main features will become unavailable to you. You will be charged with the amount shown on the Pricing Page before you can access Beyond Budget. All prices shown on the Pricing Page are inclusive of any applicable sales taxes, levies, value-added taxes, or duties imposed by taxing authorities, and you are responsible for the forwarding/remittance of all of those taxes, levies, or duties (except for E.U. Customers, where the pricing includes mandatory E.U. VAT charges).
6. Licenses
Limited License
Subject to your complete and ongoing compliance with these Terms, Beyond Budget grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service to which you have subscribed, solely for your personal or family use. The Service is provided for non-commercial purposes only and may not be used for any business or commercial activity. This license includes the right to install and use a reasonable number of object code copies of any mobile application associated with the Service, obtained from a legitimate marketplace, on a mobile device that you own or control.
License Restrictions
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
Feedback
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Beyond Budget an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
7. Ownership; Proprietary Rights
The Service is owned and operated by Beyond Budget. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, promotional content, and all other elements of the Service (“Materials”) provided by Beyond Budget are protected by intellectual property and other laws. All Materials included in the Service are the property of Beyond Budget or its third party licensors. Except as expressly authorized by Beyond Budget, you may not make use of the Materials. Beyond Budget reserves all rights to the Materials not granted expressly in these Terms.
8. Third Party Terms
Third Party Services and Linked Websites
Beyond Budget may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Beyond Budget with an account on the third party service. By using one of these tools, you agree that Beyond Budget may transfer that information to the applicable third party service. Third party services are not under Beyond Budget’s control, and, to the fullest extent permitted by law, Beyond Budget is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Beyond Budget’s control, and Beyond Budget is not responsible for their content.
Third Party Software
The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
Third-Party Account Synchronization Technology
Beyond Budget uses technology and services provided by third-party service providers appointed by Beyond Budget from time to time, including Akahu Technologies Limited and any successor entity or assignee and/or any replacement or successor service provider. You can find applicable terms and conditions and details on privacy and terms of use below. Those services are used to enable:
a. New Zealand bank accounts to be linked with Beyond Budget's App; b. Transactions from your linked bank accounts to be made visible via the Beyond Budget App, and c. Beyond Budget to perform other obligations to you (including where Beyond Budget is acting as your agent under these Terms and Conditions).
To the extent permitted by law, no Third Party has any obligation, duty or liability to you under these Terms and Conditions or otherwise in connection with your Beyond Budget App. You must not bring any claim under or in connection with these Terms and Conditions or otherwise in connection with your Beyond Budget App against a Third Party. You indemnify each Third Party for any losses, damages, costs, or other liabilities Beyond Budget Terms of Use suffered by each Third Party or any of its related companies in connection with any such claim. If, notwithstanding the foregoing, a Third Party is found liable to you for any reason, to the extent permitted by law:
a. the disclaimers, limitations, and exclusions of liability in these Terms and Conditions also apply in respect of any liability a Third Party may have to you in whether in contract, equity, statute, or tort (including negligence) or otherwise; and b. the Third Party's liability to you, whether in contract, equity, statute, or tort (including negligence) or otherwise, will be limited in aggregate to NZ$100.
All right, title, and interest in and to the Third Party's technology or any improvements or variations, including copyright and other intellectual property rights as well as all de-identified uploaded information, belong to the Third Party and/or its licensors. You must not copy, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, re-post to other websites, frame, deep-link to, change, or otherwise distribute, license, sub-license, or transfer in any form any aspect of the Third Party's technology without the Third Party's prior written consent.
Nothing in these Terms and Conditions or otherwise in connection with your Beyond Budget App creates a contract between you and any Third Party, nor any obligation, duty, or liability of a Third Party to you. However, you agree that each Third Party is a third party beneficiary of, and may enforce, these Terms and Conditions.
Akahu End User Terms Akahu Privacy Notice
9. User Content
User Content Generally. Certain features of the Service may permit users to upload content to the Service and send content through the Service, including messages, reviews, photos, audio, video, images, folders, data, text, graphics, and other types of information, material, and works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
Limited License Grant to Beyond Budget. By providing User Content to or via the Service, you grant Beyond Budget a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service. User Content Representations and Warranties. Beyond Budget disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that: you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Beyond Budget and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Beyond Budget, the Service, and these Terms; your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Beyond Budget to violate any law or regulation; and your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Beyond Budget may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Beyond Budget with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Beyond Budget does not permit copyright-infringing activities on the Service.
Monitoring Content. Beyond Budget does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Beyond Budget reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Beyond Budget chooses to monitor the content, Beyond Budget still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
10. Communications
Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “Settings” page. Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
11. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO: use the Service for any illegal purpose or in violation of any local, state, national, or international law; harass, threaten, demean, embarrass, or otherwise harm any other user of the Service; violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or accessing any other Service account without permission; sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7) or any right or ability to view, access, or use any Materials; or attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.
12. Digital Millennium Copyright Act
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address: Beyond Budget. ATTN: Legal Department (Copyright Notification) Email: [email protected]. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of the material that you claim is infringing and where it is located on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Repeat Infringers. Beyond Budget will promptly terminate the accounts of users that are determined by Beyond Budget to be repeat infringers.
13. Modification of these Terms.
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 13, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
14. Term, Termination and Modification of the Service
14.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 14.2.
14.2 Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Beyond Budget may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by emailing us at [email protected]. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; and (c) you must pay Beyond Budget any unpaid amount that was due prior to termination. Modification of the Service. Beyond Budget reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Beyond Budget will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
15. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Beyond Budget and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Beyond Budget Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) the nature or content of data processed by the Service; or (e) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
16. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. BEYOND BUDGET DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BEYOND BUDGET DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BEYOND BUDGET DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR BEYOND BUDGET ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE BEYOND BUDGET ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS, USE, OR DISCLOSURE OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Beyond Budget does not disclaim any warranty or other right that Beyond Budget is prohibited from disclaiming under applicable law.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BEYOND BUDGET ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON OR AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BEYOND BUDGET ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN SECTION 18 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BEYOND BUDGET ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO BEYOND BUDGET FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. Dispute Resolution and Arbitration
1. Generally
In the interest of resolving disputes between you and Beyond Budget in the most expedient and cost-effective manner, subject to all applicable laws and except as described in Section 18.2, you and Beyond Budget agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BEYOND BUDGET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this Section 18 does not affect those requirements.
2. Exceptions
Despite the provisions of Section 18.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
3. Enforceability
If Section 18 is found to be unenforceable then the entirety of this Section 18 will be null and void and, in that case, exclusive jurisdiction and venue described in Section 19.2 will govern any action arising out of or related to these Terms.
19. No professional advice
Beyond Budget may provide you with personalized services relating to financial health (such as measures and analyses of various financial indicators). You hereby acknowledge and agree that such advice does not constitute professional financial, tax, accounting, investment or any other professional advice. The Beyond Budget makes no representations or warranties of any kind related to that. In no event shall Beyond Budget be liable for any damages caused to you or a third person arising out of your use of such financial advice.
20. Miscellaneous
1. General Terms
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Beyond Budget regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
2. Governing Law
These Terms are governed by the laws of New Zealand without regard to conflict of law principles. You and Beyond Budget submit to the personal and exclusive jurisdiction of the country’s courts.
3. Privacy Policy
Please read the Beyond Budget privacy policy carefully for information relating to our collection, use, storage, disclosure of your personal information. Beyond Budget’s Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
4. Additional Terms
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
5. Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
6. Support
We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies. International Use. The Service is operated from New Zealand. We make no representation that the Service is appropriate or available for use outside of New Zealand. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
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