Terms of Use

Thank you for your interest in the Simfuni Limited platform and our website www.simfuni.com. Before you use our site, please read these Terms of Use, as they contain important information.

This website (Site) is operated by Simfuni Limited (NZCN 8459867) (we, our or us). These website terms of use (Terms) apply to your use of, and access to, the Site. 

Information and availability
While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), to the extent permitted by law, we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up-to-date. The Content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses. 

Intellectual Property rights
Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Site (Our Intellectual Property). 
We authorise you to access and use the Site solely for your own personal use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property. 
You must not use the Site, or any of the Content in any way that competes with our business.  
Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not: 
(a)    copy or use, in whole or in part, any of Our Intellectual Property; 
(b)    reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property; or
(c)    breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.
Nothing in the above clause restricts your ability to publish, post or repost Content or Our Intellectual Property on your social media page or blog, provided that:
(d)    you do not assert that you are the owner of the Content or Our Intellectual Property;
(e)    unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us; 
(f)    you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and 
(g)    you comply with all other terms of these Terms. 

Conduct we don't accept
You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Site into disrepute. This includes:
(a)    anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b)    using the Site to defame, harass, threaten, menace or offend any person;
(c)    using the Site for unlawful purposes;
(d)    interfering with any user of the Site;
(e)    tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;
(f)    using the Site to send unsolicited electronic messages; 
(g)    using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(h)    facilitating or assisting a third party to do any of the above acts.

Third party sites
The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

Our liability is limited
You may have certain rights under the Australian Consumer Law in relation to the Site and the Content, and you may contact us for more information about this. Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with the Site or the Content.

Privacy
We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on the Site) sets out how we will collect and handle your personal information.

What happens if we discontinue the Site
We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site.

Which laws govern these Terms
These Terms are governed by the laws of New Zealand.  Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.  
If you are in New Zealand and a consumer of products or services, you may have certain rights and/or remedies under the New Zealand Consumer Guarantees Act 1993. When a guarantee under the Consumer Guarantees Act 1993 is breached, you may be entitled to a range of remedies. For the avoidance of doubt, nothing in these Terms is intended to exclude, restrict or modify a consumer’s rights under the New Zealand Consumer Guarantees Act 1993.
Our Site may be accessed throughout New Zealand and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access our Site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

Dealing with a problem
If you would like to give us feedback, please contact us – we appreciate your input. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by someone with authority to reach a resolution, meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

Changes to these Terms
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We recommend you check the Site regularly to ensure you are aware of our current terms.

Cancellations and refunds
Refunds and cancellations are subject to each brokers policy. Simfuni will only provide a refund if the broker approves the refund of the services that was paid for using Simfuni.

Simfuni does not have the power to declare cancellation on behalf of the customer. It is your responsibility to notify your broker of any cancellation request.

Unless we are notified by the broker of a cancellation, we will continue to process any automatic payments in accordance with the Payment Schedule.

Once the broker has confirmed the refund then Simfuni will refund any amounts to be returned directly onto their original payment method. 

For any questions and notices, please contact us at:
Simfuni Limited (NZCN 8459867)
Email: info@simfuni.com
Last update: 10 July 2023