Our Terms and Conditions
These terms and conditions are the contract between You and The Money Journey (“We”, “Us” and “Our”).
The Money Journey is a trade name of The Money Journey Ltd (8344127), a registered New Zealand company.
1. Definitions
In this contract, the following words shall have the following meanings:
“Annual Plan” - means the supply of Services on the basis of an annual subscription payment of the Price.
“Online Session” - means the regular meetings between You and Us as part of Your Annual or Monthly Plan.
“Content” - means the textual, visual or oral content that is encountered as part of Your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.
“Data” - means any data, statements, records, information or other material inputted by You into the Website or otherwise provided by You to Us.
“Monthly Plan” - means the supply of Services on the basis of a monthly subscription payment of the Price.
“Our Website” - means the website The Money Journey and its Content.
“Personalised plan” - means the financial recommendation that We prepare for You as part of the Services.
“Price” - means the price for the Services as set out on Our Website or as otherwise provided in a quote or estimate to You.
“Services” - means any or all of the services that we provide, including Annual Plans, Monthly Plans and any other services.
"You" - means the person who registers with Us to use the Services. "Your" has a corresponding meaning.
2. Our contract
By visiting or using Our Website and accepting the Services, You agree to be bound by these terms and conditions.
We may change these terms and conditions or add new terms and conditions in any way at any time, effective from the posting of modified terms and conditions on Our Website (“Changes”).
We will make every effort to communicate the Changes to You by email or by notification via Our Website. You should ensure that You have read and understood the most recent terms and conditions on Our Website, including the Changes.
The validity, construction and performance of this contract shall be governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.
3. Your personal information
You warrant that You have provided accurate, up to date, and complete information about Yourself. We are not responsible for any error made as a result of such information being inaccurate.
You agree to immediately notify us of any significant changes in Your information.
The privacy policy on Our Website shall govern the use of Your personal information. You will be taken to have accepted that privacy policy by accepting these terms and conditions.
4. The Services
We agree to provide You the Services in return for payment of the Price.
You acknowledge that You understand exactly what is included in the Services and You are satisfied that the Services You intend to buy are suitable and satisfactory for Your requirements.
You will provide Us with accurate and complete Data necessary to provide the Services.
You accept responsibility for the accuracy and completeness of all Data and any failure to supply Us with relevant Data.
You remain responsible for the reliability, accuracy and completeness of the Data compiled.
You accept that each page of any Personal Plan prepared by Us must be read.
You acknowledge that the Personalised Plan are compiled at Your request, for Your purposes only, and that We will not be liable for any losses, claims or demands by any third party.
5. Prices
Payment for the Services will be as follows:
If You are on a Monthly Plan, You will pay the first month in advance via our Website. For the next 11 months after this, You will receive an email invoice 7 days prior to the commencement of each month. The Price must be paid by You within 7 days of the invoice date. Note: if the monthly anniversary date of Your Monthly Plan subscription is the 29th, 30th or 31st but a specific month does not have a 29th, 30th or 31st day, You will receive an email invoice 7 days before the last day of that specific month and the Price must be paid within 7 days of the invoice date (i.e. the last day of that specific month).
If You are on an Annual Plan, the Price will be paid by You via our Website in advance of the commencement of each year.
If You buy any other Services, the Price will be paid by You via our Website in advance of the Service being provided to You.
We will have no obligation to provide the Services until the Price is paid.
As a small business below the GST threshold, we do not charge for GST. This may however change in the future.
6. Payment and cancellation conditions
You may cancel or reschedule any Online Session up to 24 hours prior to the scheduled time. If You cancel or reschedule an online Session less than 24 hours prior to the scheduled time, We reserve the right to consider this Online Session as used.
You must pay all sums due to Us without any set-off, deduction or counterclaim.
We reserve the right to suspend delivery of any Services or to terminate the contract if the Price has not been paid by You in accordance with this contract. Termination of this contract at any time and for any reason will not entitle You to a refund of monies paid.
If You find the Services that We are providing to You is not suitable or satisfactory for Your requirements, You can cancel the Services anytime on or before the 30th day of Your subscription through letting Us know by email. We will then refund all the monies paid to date by You to Us within 7 days of Your email. If You cancel the Services after the 30th day of Your Monthly Plan or Annual Plan, no refund will be given.
If, by mistake, We have under-priced a Service or incorrectly stated a Price, We will not be liable to supply that Service to You at the stated price, provided that We notify You of the correct Price before We provide the Services to You and You accept the correct Price.
7. Storage and Ownership of Data
We assume no responsibility for the deletion or failure to store or deliver email or other messages.
You must maintain copies of all Data inputted into Our Website. We adhere to best practice policies and procedures to prevent data loss, but do not make any guarantees that there will be no loss of Data. We expressly exclude liability for any loss of Data no matter how caused.
You grant Us a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of the Services to You.
We will store all records created in the provision of the Services for a period of five years after the end of the Services. At the end of that period the records will be deleted.
8. Warranties and Limitations
We warrant that the Services will be provided with reasonable skill and care and in accordance with the Financial Markets Conduct Act 2013 (FMC Act), as amended by the Financial Services Legislation Amendment Act 2019 (FSLAA) and applicable law.
We do not provide any warranty and will not be liable for or responsible for:
any error or omission in the Data;
audit, review, verification or assurance of the accuracy or completeness the Data;
detection of any error or fraud;
weaknesses in Your personal accounting system, errors, illegal acts or other irregularities, including non-compliance with laws and regulations.
Our Website and the Services are provided “as is”. We make no representation or warranty that the Services will:
be useful to You;
be fit for a particular purpose;
be available or accessible, without interruption, or without error.
Our Website may contain links to other websites. We have neither power nor control over any such websites. You acknowledge and agree that We shall not be liable in any way for the content of any such linked Website.
9. Duration and termination
This contract will continue:
in the case of an Annual Plan, for one 12-month period;
in the case of a Monthly Plan, for 12 successive monthly periods provided You continue to pay the Price when due;
in the case of any other Services, for a 6-month period;
on paying either monthly or yearly, this confirms You have accepted a 12-month plan.
Within each Annual Plan, Monthly Plan or any other Service, you are entitled to a specific number of Online Sessions, one Personalised Plan or budget and a specific number of tracking updates and adjustments.
In the case of an Annual Plan or a Monthly Plan, you will have 6 months after the contract finishes to use up all your Online Sessions. Past this date, we reserve the right to consider any unused Online Sessions used.
We may immediately terminate this contract on notice to You if You breach any of Your obligations under this contract.
There shall be no reimbursement or credit if the Services are terminated due to Your breach of the terms of this contract.
You may not assign or transfer any of Your rights or obligations under this contract to any person without Our prior written consent.
Last revised: 2nd October 2023