Terms and Conditions

Welcome to Who Stole My Money (WSMM), New Zealand's first online personal budget planning and tracking community. These terms and conditions are intended to assist keeping WSMM a safe place for our community members to better understand and manage their finances.  These terms and conditions were last updated 18 January 2008.

1.     Terms and Conditions

1.1   Acceptance of terms of conditions: The terms and conditions are the terms on which Who Stole My Money Limited offers you access to the services and the web site. By registering as a member of WSMM you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the services.

1.2    Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by WSMM from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended.

1.3   Terminology: In these terms and conditions, the following expressions have the meanings set out:

'transaction', 'transactions' means any credit or debit transaction(s) entered into our system by any means;
'member' means a registered member of WSMM;
'services' means any one or more of the services offered by Who Stole My Money Limited from time to time, including but not limited to tracking, budgeting, planning, community forum and any other services that WSMM may offer;
'we', 'us' and 'our' are a reference to Who Stole My Money Limited;
'you' and 'your' are a reference to you;
and
'web site' means any WSMM web site through which the services are offered;

2.     Specific Warning

2.1   The services: WSMM provides a tool to assist its members to better understand and manage their personal finances. The services provided by WSMM are merely an attempt to present information in a more formative way from WSMM’s point of view, and should not replace any advice you seek from any parties, such as financial planners.

2.2   At your own risk: Transactions and all other content entered by you are at your own risk. You agree that WSMM takes no responsibility or liability for any loss or damage caused because of discrepancies between transactions entered on the website and your real-time bank account balances or any decisions you make based on the report and/or services provided by WSMM.

2.3   Disclaimer: You expressly understand and agree that:

a.  your use of the services is at your sole risk. The web site and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, WSMM disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;

b.  WSMM warrants that it will undertake its best endeavours for security however does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including forum) provided on the web site is error-free or reliable;

c.  no advice or information that is obtained by you from WSMM or anyone else shall create any warranty by WSMM that is not expressly stated in the terms and conditions; and

d.  responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute WSMM's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.  

d.  even though WSMM may provide credit card payment facility, it does not store any credit card details of any user who uses the facility.  All credit card payments are processed via DPS (Direct Payment Solutions) who holds the credit card details of a user.

2.4   Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of WSMM to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another Member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. WSMM's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

2.5   Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to import/enter a transaction, your use of WSMM's community boards or arising out of any content you enter, submit, post, or make available through the services.

2.6   Breach: Without limiting any other rights and remedies available to WSMM, WSMM may limit your activities on the web site, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where WSMM considers it appropriate.

3.     Becoming a member

3.1   Becoming a Member: Memberships are not restricted by countries or regions.  There are two types of memberships, Free Membership and Premium Membership.  Becoming a Free Member is free and becoming a Premium Member requires a minimum of 1 year subscription.  Premium Membership Pricing Plans are detailed in clause 6.

3.2   Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by WSMM to ensure it is kept current at all times. You must not register as a member under multiple identities or personas (whether false or not). WSMM may phone or mail you to verify these details.

3.3   Termination of membership: WSMM reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, WSMM may terminate your membership if a serious complaint or multiple complaints are received about you from other members, you breach these terms and conditions, you impersonate another member, or we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.

3.4   Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

a.  not to permit any other person to use your user name or membership; and

b.  not to disclose, or provide to any other person, your Login Name, password, or any information that may allow them to gain access to your membership.

4.     General Rules

4.1        You must not attempt to damage, interfere or harm the web site or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or information feature on it for any purpose.

4.2        WSMM memberships are not transferable and therefore can not be sold or traded by members.

5.     Draws and competitions

5.1        The information on how to entry form part of the Conditions of Entry.

5.2        Only registered New Zealand members are entitled for entry. The employees of WSMM and their immediate family are not entitled for entry. 

5.3        To claim the prize, the winner must provide WSMM with their First and Last Names, a photo and a testimonial of the site, within three working days after he/she has been contacted. If the winner fails to make contact within this timeframe, the result of the draw will become void and another winner will be drawn.

5.4        WSMM reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process, submits inaccurate information or whose entry is not in accordance with the Conditions of Entry for the promotion in concern. 

5.5        WSMM reserves the right to substitute a prize with another prize of equivalent value at its sole discretion

6.    Membership and Pricing Plans

6.1        Membership Plan Types: WSMM is developed to help people, and it will always be our policy to make it affordable.  There are two types of memberships available: Free Membership and Premium Membership.  Free Membership is offered free and Premium Membership incurs a moderate charge.

6.2        Premium Membership Payment Plans: The standard Monthly Payment Plan is at $5.95/month (minimum 1 year, see 6.3), which will be charged to a credit card automatically on the same day of each month. A Yearly Payment Plan at discounted price of $49.95 is also available.

6.3        Minimum Plan Period: The minimum period for Premium Membership Plan is 1 year.  You may cancel your Premium Membership plan at any time after 1 year, by giving us not less than 10 working days notice in writing (email, letter or fax).  If you are on the Monthly Payment Plan and choose to cancel your Premium Membership prior to the end of 1 year, the remaining balance of the monthly charges for the year are due immediately.

6.4        Change of Premium Membership Payment Plans:  You may switch between Monthly Payment Plan and Yearly Payment Plan at any time.  If you switched to a Yearly Payment Plan from a Monthly Payment Plan, the requirement for completing the 12 months of monthly payments will be waived.

6.5        Failed Payments:  If a scheduled payment failed, your membership will be downgraded to Free Membership with additional Premium Membership features disabled.  In this case, clause 6.3 still remains valid.  You may resume your Premium Membership at any time.

6.6        Refund:  No refund will be offered unless 

a.  We are unable to support the csv. transaction file.  You must provide us with the original csv. file without editing for testing and support;

b.  In the unlikely event that WSMM is unavailable for more than 24 hours, all Premium Memberships will be extended by the duration of days WSMM is unavailable for service.

6.7        Future Changes of Membership and Pricing Plans:  WSMM reserves the right to make changes to the fee structure for the services it provides to its members at any time without any prior notice. This does not affect members who have already paid or who have special arrangements with WSMM.

7.     General Provisions

7.1   System Integrity: WSMM will use its reasonable endeavours to ensure the availability of the web site and services, subject to any downtime required for maintenance. However, WSMM takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, WSMM assumes no responsibility for the corruption of any data or information held by WSMM.

7.2   WSMM Community Boards: WSMM provides Community Boards for the use of WSMM members. The Community Boards may not be used to promote web sites or any commercial or business activity. WSMM is not responsible for any of the opinions expressed in the Community Boards. By posting a message to the Community Boards you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.

7.3   Force Majeure: Without prejudice to clause 2.3.a, WSMM has no liability for any lack of performance, unavailability or failure of the services or the web site, or for any failure of WSMM to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of WSMM.

7.4   No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

7.5   Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

7.6   Governing Law: These terms and conditions are governed by the laws of New Zealand . You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

7.7   Intellectual Property Rights: WSMM (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site.  You may not without our prior written permission, in any form or by any means:

a.  Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or

b.  Commercialise, copy, or on-sell any information, or items obtained from any part of this web site.

7.8   Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

7.9   Privacy: WSMM collects personal information about you through your use of the services and the web site, including:

-   your registration details; and

-   information relating to your use of the web site and the content you access.

You agree that WSMM may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other WSMM products and services to you, and for any other use that you authorise.

We will not sell or allow third parties to access your personal information without your consent, however you agree that WSMM may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of any laws and/or regulations applicable. Please review our Privacy and Security policy.

You can view our Demo to find out how Who Stole My Money can help you , or Signup to get started.  Or if you have more questions, please do not hesitate to Contact Us.