Boodle Terms of Service

Effective Date: Monday 7th October 2024

Introduction

.1. Boodle is an online platform offering a wide range of resources and products designed to support women navigating separation and divorce. Our platform provides access to helpful information, tools, and products via our website and online store.

.2. These terms of service (Terms) apply to your use of the Boodle platform, including both the Website and the Services provided through it. By accessing the Website or using any of the Services, you acknowledge and agree to be bound by these Terms and our Privacy Policy.

.3. Boodle may amend these Terms at any time. We will consider how any changes may affect your interests and will only make adjustments that we believe to be reasonable. Where possible, we will give you at least one (1) month’s prior written notice of any changes via the Platform and/or using the contact details you have provided. You should review the current Terms each time you use the Platform. If you disagree with any changes to the Terms, you must discontinue your use of the Platform and Services immediately. Continued use of the Platform and/or Services will indicate your acceptance of the updated Terms.

Definitions

.4. In these Terms, the following words and expressions have the following meanings:
(a) Account means any account with an Account Provider;
(b) Account Provider means any third-party provider of financial accounts or other services
to you which are accessible from the Platform, and which may include banks, insurers,
card issuers, brokers and financial advisors; 
(c) Account Terms means the Account Provider’s terms and conditions, terms of use, terms
of service or similar agreement(s) that apply to the Accounts that you access through the
Platform;
(d) App means the [iOS and/or Android] application made available from time to time by
Boodle for the provision of the Services;
(e) Applicable Law means (a) in relation to Users in Australia, all applicable laws of
Australia  and (b) in relation to Users in New Zealand,
all applicable laws of New Zealand;
(f) Boodle means The Boodle Hub Limited, a limited company registered in New Zealand with
number 9274636;
(g) Boodle Account means the account created by you via the Platform as part of
Registration;
(h) Information Services has the meaning given to it in clause  3.2(a) ;

(i) Instruction means an instruction or order given by you on the Platform to give effect to a
Transaction;
(j) Platform means the online facility, made available by Boodle via the App or the Website,
that allows you to access the Services;
(k) Privacy Policy means the Boodle privacy policy from time to time, which governs how
we may collect and use your personal information;
(l) Register means to create a Boodle Account on the Platform, and Registration and
Registering has corresponding meanings;
(m) Security Details means any and/or all of your username and password, your security
question and answer and the password or passcode or any other settings you use to
secure access to the device on which the App is installed or which you use to access the
Website;
(n) Services means the Information Services, the Transaction Services and all other
services made available by Boodle via the Platform to Users, and Service has a
corresponding meaning;
(o) Transaction and Transaction Services have the meanings given to them in
clause  3.3(a) ;
(p) Users, you, your means users of the Platform, and User has a corresponding meaning;
and
(q) Website means any website (including the website currently located at
www.boodleco.com) and/or social media pages operated from time to time by Boodle for
the provision of the Services.

.5. In these Terms, reference to:
(a) a person includes a reference to an individual, partnership, unincorporated association,
body corporate, government, state or agency of a state, local or municipal authority or
government body or any joint venture wherever incorporated or situated (in each case
whether or not having a separate legal personality) and includes a reference to that
person’s legal personal representatives and successors;
(b) something being in writing or written shall include a reference to that thing being
produced by any legible substitute for writing (including in electronic form);
(c) any phrase introduced by the terms including, include or any similar expression shall be
construed as illustrative and the words following any of those terms shall not limit the
sense of the words preceding those terms;
(d) any other document is a reference to that other document as amended, varied, novated
or supplemented (other than in breach of the provisions of these Terms) at any time; and
(e) any legal term for any action, remedy, method of judicial proceeding, legal document,
legal status, court, official or any legal concept or thing shall in respect of any jurisdiction
other than New Zealand be treated as a reference to any analogous term in that
jurisdiction.

.6. The headings of the clauses are for convenience only and shall not affect the interpretation or
construction of these Terms.
Services

.7. Services generally
(a) You can use the Services only:
(i) if you are [18] or over;
(ii) (where you are accessing the Platform via the App) if you have downloaded the
App and have installed any relevant updates as notified to you; and
(iii) if you have a valid mobile phone number or email address.
(b) Notwithstanding your use of the Platform to interact with your Accounts, the applicable
Account Terms will remain in effect and these Terms do not amend or supersede your
Account Terms.
(c) You may withdraw or vary your consent for Boodle to provide the Services (or any of
them) generally or in relation to any specific Account at any time using the Platform.

.8. Information Services
(a) The Platform allows you to:
(i) link with your Boodle Account any Account(s) selected by you during Registration,
enabling you to view the balance of, and other information relating to, each
Account from within the Platform; and
(ii) obtain information (such as Transaction histories) from your Boodle Account or
from any other selected Accounts for use with other third parties,
(together the Information Services).
(b) In order to provide the Information Services, Boodle will from time to time:
(i) request the relevant information from your Account Provider(s) in accordance with
your consent until such consent expires or is withdrawn by you;
(ii) provide the information obtained from your Account or Boodle Account to you
and/or the relevant third party in accordance with your instructions.

(c) Depending on the information you wish to receive, the Account you instruct Boodle to
access and any applicable Account Terms, you may be redirected to your Account
Provider’s website or mobile application in order to authenticate yourself (either at the time you initially consent to the Information Services or on a periodic basis thereafter) to enable your Account Provider to confirm that you consent to Boodle accessing this information.

.9. Transaction Services
(a) The Platform also allows you to make online transfers and/or other payments (each a
Transaction) directly from your Accounts or Boodle Account (Transaction Services) as
follows:
(i) You will be asked to review and confirm the details of your Instruction, including:

whether you wish the payment to come from an Account or from your Boodle Account;
the amount of the payment and, if relevant, the exchange rate;

the recipient details; and
(where applicable) any fees payable to Boodle;

(ii) In relation to clause  3.3(a)(i)(C) , it is your responsibility to ensure that the recipient
of any payment (and any details in relation to that recipient) is correct before you
confirm the Instruction. You may not be able to recover a payment to an incorrect
recipient. Boodle will either prepopulate the recipient details for you to review and
confirm or you will be asked to provide Boodle with certain details (as specified in
the relevant Instruction);
(iii) Your confirmation of the Instruction will be taken as your consent for Boodle to
send the Instruction to your Account Provider for execution, to receive information
from your Account Provider regarding whether the Instruction has been accepted
and (where relevant) to pass this information on to the recipient.
(iv) Boodle may, at its discretion, apply customer due diligence measures to verify your identity before sending the Instruction to your Account Provider.
(v) Depending on the amount of the Instruction and your Account Terms, you may be
redirected to your Account Provider’s website or mobile application in order to
authenticate yourself so that your Account Provider knows that you consent to the
Transaction.

(b) If the Instruction relates to a Transaction that is to be executed by your Account Provider immediately, you may not be able to cancel the Instruction once you have provided your confirmation and consent in accordance with clause  3.3(a). If you have set up forward-dated or repeat Transactions, then these Transactions may be cancelled through your Boodle Account.
(c) You will be able to view a record of the payments that you have made using the
Transaction Services within the Platform on a real-time basis.

.10. No financial advice or provision of credit
Boodle is not registered as a financial service provider nor licensed as a financial advice
provider in New Zealand, nor does it hold an Australian financial services or credit licence. Boodle does not give financial advice nor provide credit services, and nothing in our Services should be construed as a recommendation about a credit or financial product, or financial, legal or tax advice. Any information provided to you by us is factual information only which does not take into account your objectives, financial situation or needs. Nothing in our Services should be relied on or influence you in making a decision about a particular financial product, nor should
our Services take the place of professional advice.

Availability of Services
.11. The Services are primarily intended for global use, with the exception of certain open banking features, which are currently only available to Users accessing the Platform from within New Zealand and Australia. We make no representation that the open banking features are available or suitable for use outside of these jurisdictions. If you access the Platform or use any of our Services, including the open banking features, from locations outside New Zealand and Australia, you do so on your own initiative and are responsible for complying with all applicable laws in your region.
.12. The Platform and the Services are for your non-commercial, personal use only and must not be
used for business purposes.
.13. Devices

(a) The provision of the Platform or the Services does not include the provision of any device or other necessary equipment to access the Platform or the Services. To use the Platform or the Services, you will require internet connectivity. You acknowledge that the
Account Terms with your respective mobile network provider or ISP will continue to apply when using the Platform. As a result, you may be charged by the mobile network
provider or ISP for access to network connection services while accessing the Platform.
You accept responsibility for any such charges that arise. If you are not the billpayer for
the device being used to access the Platform, you will be assumed to have received
permission from the bill payer for using the Platform (including downloading the App).
(b) The Services that are available and the manner in which the Services are delivered may vary depending on the type of device you are using, the type of Account(s) you have (not all payment accounts will be fully accessible in respect of all Services) and any applicable Account Terms of an Account Provider.
(c) You are responsible for ensuring that your device is capable of operating the Platform as updated by us from time to time. We cannot guarantee that we will continue to support the operating system used by your device.

Registration
.14. You must Register to access the Platform and use the Services. In order to Register you will be required to provide us with personal information including without limitation your name and a valid email address. This information will be stored securely and used in accordance with our
Privacy Policy.
.15. As part of the Registration process, you will also be asked to (i) select any Account you want to link with your Boodle Account for the purpose of the Services and (ii) provide your express consent to Boodle accessing the balance of and other information relating to that Account before any Services relating to that Account can be accessed by you on the Platform. Boodle
will request such information from your applicable Account Provider in accordance with your consent until your consent expires or is withdrawn.
.16. You warrant that all information provided by you on Registration in connection with the creation of your Boodle Account is true, complete and accurate and that you will promptly inform us of
any change to such information by updating the information in your Boodle Account.
.17. By Registering a Boodle Account with us, you agree to receive email and/or text message communications from us about advertising and promotional materials (including in relation to
any goods or services offered ) that we believe may interest you. You can modify or opt out of receiving these communications at any time by customising your notifications or clicking the unsubscribe link in the communication.
.18. We are not liable for any unauthorised use of your Boodle Account. You agree not to use, nor permit anyone else to use, the Services, the Platform or your Boodle Account:
(a) to send or receive any material:
(i) which is threatening, grossly offensive, of an indecent, obscene or menacing
character, defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
(ii) in respect of which you have not obtained all necessary licences and/or approvals
(whether from us or from Account Providers or other third parties);

(iii) which constitutes or encourages conduct that would be considered a criminal
offence or a breach of any applicable law, or would otherwise infringe the rights of
any third party; or
(iv) which is technically harmful (including computer viruses, logic bombs, Trojan
horses, worms, harmful components, corrupted data or other malicious software or
harmful data);

(b) for a purpose other than which we have designed or intended the Platform or the
Services to be used;
(c) to attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
(d) to extract data from or hack into the Platform; or
(e) for any other fraudulent or unlawful purpose.
.19. Any material downloaded or otherwise obtained through the use of the Services or the Platform is done at your own discretion and risk and you are solely responsible for any damage to your device or loss of data that results from the download of any such material. No information, whether oral or written, obtained by you from us through or from the Services and/or the Platform will create any warranty not expressly stated in these terms.
Data and information
.20. We reserve the right to make corrections and changes to the Platform and/or any of the Services at any time without notice. You agree that opinions and issues raised in any forums and other User areas on the Platform are the opinions of their respective writers and not ours. We may also block the User’s access to and/or to edit or remove any material which we may find
offensive to us or other Users of the site or which, in our reasonable opinion, may otherwise give rise to a breach of these Terms.
.21. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services, the Platform, the App or the Website will be free of faults, and to the fullest extent permitted by Applicable Law
our liability for any such faults, errors or omissions is hereby excluded. If you encounter any
such error, fault or omission, please report it by contacting us at [support@boodleco.com].

Intellectual property rights and Content

.22. Boodle (and/or, as applicable, persons associated with us) retain ownership of all the intellectual property rights in the Platform, all Services and deliverables we provide to you, and the skills, know-how and methodologies used or acquired by us during the course of providing any Services (including any improvements or knowledge developed by us while performing the Services). We will use and retain ownership of our own tools, equipment, software and employees, or will obtain the same from third-party licensors and subcontractors, for our
performance of the Services.
.23. You grant to us a licence of any information, data, passwords, materials or other content (collectively Content) you provide to us in connection with the Services. We may use, modify, display, distribute and create new material using such Content to provide the Services to you.
.24. You agree that we may, where permitted at law, use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of
the Services.

.25. By submitting Content, you warrant at the time of such submission that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out above.
Suspension or termination of access
.26. We reserve the right to suspend, restrict or terminate your use of or access to the Platform or the Services (or any part of them) or suspend or terminate your Boodle Account, including:
(a) where we consider that you are using (or anyone other than you, with your permission, is using) the Platform and/or any Services in contravention of these Terms;
(b) if we need to do so to comply with Applicable Law; or
(c) as contemplated in clause  9.3 below.
.27. Unless informing you would compromise reasonable security measures or otherwise be unlawful, Boodle will inform you before suspending, restricting or cancelling the Services or the App and of our reasons for doing so. If it is not practicable to inform you in advance and unless doing so would compromise reasonable security measures or otherwise be unlawful, Boodle will
inform you immediately afterwards, giving the reasons for such suspension or cancellation.
.28. Boodle will allow you to resume your use of the Platform and/or the Services as soon as practicable after the reasons for stopping its use cease to exist.
.29. In the event that Boodle needs to contact you in respect of suspected fraud or any other
security threat it will do so in the manner that it deems to be most secure in the circumstances.
.30. Our rights under this clause 8 will not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

Security Details

.31. You must take all reasonable steps to keep your Security Details and the device on which the App is installed or from which you access the Website safe and you undertake that you will not
disclose them or allow them to be used by anyone else. You must not leave the device you are using unattended while you are logged on to the Platform and you must make sure that any information stored or displayed on your device is kept secure.
.32. If any device on which the App is installed is lost or stolen, or you suspect that someone else might know your Security Details you must notify Boodle immediately by emailing
support@boodleco.com. You must delete the App from your device if you change your device or dispose of it.
.33. We may at any time suspend, restrict or terminate your use of or access to the Platform or the Services (or any part of them) or suspend or terminate your Boodle Account where:
(a) we reasonably believe that your Security Details have not been kept safe or the security
of your App or the device on which it has been installed has been compromised, or
(b) we reasonably suspect that your Security Details or the device on which the App has
been installed has been used fraudulently or without your permission.

Incorrect or unauthorised Transactions

.34. If you suspect that an incorrect or unauthorised Transaction has been made using the Transaction Services accessible from your Boodle Account you must contact us as soon as possible by emailing support@boodleco.com.

.35. You may be entitled to a refund of an incorrect or unauthorised payment from your Account Provider provided that you notify them of the incorrect or unauthorised payment without delay and in any event no later than [12] months after the date of the relevant payment. You must contact your Account Provider in the manner set out in the applicable Account Terms.
.36. You should be aware that your Account Provider may contact you directly (and not through Boodle) if there is an issue with an Instruction submitted through the Platform, for whatever
reason (for example if there are insufficient funds or an issue with your authorisation). You may need to resolve such matters directly with your Account Provider.

Limitation of liability

.37. The Platform, the Services, the information on the Platform and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
.38. To the fullest extent permitted by law, we exclude all responsibility and liability whether in contract, tort (including negligence) or otherwise for any loss or damage however caused
(whether direct, indirect, consequential, special or loss of profits) in relation to the Platform and their content (including in relation to any inaccuracies or omissions in the Platform, quality,
fitness for a particular purpose, accuracy or availability).
.39. We will try to allow uninterrupted access to the Services and the Platform, but do not warrant that the Services or the Platform will always be accessible, uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code or that the Platform will not
be affected by any acts of God or other force majeure events, including government mandates in connection with pandemics or epidemics, inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications or lack of or failure of telecommunications equipment or facilities.
.40. To the extent permitted by law, we will not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive
damages, howsoever caused, resulting from or in connection with the Platform or the Services or your access to, use of or inability to use the Platform or the Services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for
loss of business or profits, use, data or other intangible, even if we have been advised of the
possibility of such damages.
.41. To the extent permitted by law, we will not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any
indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Services, the Platform and these Terms. For the purposes of these Terms, indirect or consequential loss or damage includes, without limitation, loss of revenue,
profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
.42. You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of:
(a) your use of the Platform or the Services;
(b) any other party’s use of the Platform or the Services using your Boodle Account; and/or
(c) your breach of any of these Terms, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

Complaints

.43. If you have a complaint about the Services and/or the Platform, please tell us using the contact details set out at clause  13.6 so that we can investigate the circumstances for you. We will aim to deal quickly and fairly with any complaints you have about the Services or the Platform in
accordance with our obligations under Applicable Law. Boodle may, however, direct you to your Account Provider if your complaint relates to services provided under their Account Terms
or involves an unauthorised Transaction in accordance with clause 10 above.
.44. Boodle is not responsible for any complaints or disputes about any purchases made using the Transaction Services. You should settle these with the person from whom you bought the goods or services. We are not responsible for the quality, safety, legality or any other aspect of any goods or services purchased using the Transaction Services. Remember that once you have used a Transaction Service to make a purchase from a third party, Boodle cannot cancel
or stop that Transaction.
General
.45. We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Platform from time to time. Your access to the Platform and/or the Services may also be restricted from time to time to allow for repairs, maintenance, and upgrades to our systems or the systems of any third party involved in delivering the Services or the introduction of new facilities or services. We will aim to notify you in advance of any maintenance work (but may not always be able to do so) and will attempt to restore such access as soon as we reasonably can.
.46. These Terms, together with our Privacy Policy and any other legal notices published by us in relation to the Services shall constitute the entire agreement between you and Boodle concerning the Services.
.47. Nothing in these Terms will be deemed to create a partnership, joint venture, employment relationship or agency between the parties. No party has any authority to bind another party, unless expressly permitted to in these Terms.
.48. Any unlawful or voidable provision in these Terms will be severed from these Terms without affecting the validity, legality or enforceability of the remaining provisions.
.49. No failure or delay by us in insisting on the strict performance of these Terms or exercising any right under these Terms will operate as a waiver of those matters. A waiver will not be effective
unless it is in writing and a waiver of a particular breach will not be a waiver of any other breach.
.50. These Terms are governed by New Zealand law and the New Zealand courts have non-
exclusive jurisdiction over any matter in connection with the Platform, the Services or these
Terms.
.51. If you have any questions or concerns in relation to the Platform, the Services or these Terms, please contact us at support@boodleco.com.