Terms & Conditions
Governing Law
New Zealand law governs this Agreement. You and Finance Now submit to the exclusive jurisdiction of the Courts of New Zealand.Assignment
You cannot assign Your rights or obligations to use Qik except with the prior written consent of Finance Now.Intellectual Property
If Finance Now modifies, revises, enhances or adapts any of the Programs at any time at Your request, all copyright, patents or other intellectual property rights subsisting in any such modification, revision, enhancement or adaptation shall vest exclusively in Finance Now, regardless of whether or not You agreed to pay Finance Now for it. You shall not copy, reproduce, alter, modify or reverse engineer Qik, or merge all or part of Qik with other programs.Liability
Finance Now shall be liable to You for any direct loss that may arise as a result of the fraud or wilful misconduct of Finance Now, its employees and agents. Finance Now will not be liable to You or any other person for any loss in any other circumstances whether in contract, tort, equity, for breach of statutory duty or otherwise and whether in relation to Qik or otherwise. Finance Now shall not be liable for special, indirect or consequential loss including lost profit in any circumstances. You must take reasonable precautions to protect Your Username and Password from fraudulent use and to regularly reconcile Your bank statements against Your records and to maintain appropriate internal controls, having regard to the size and nature of your business so as to minimise the risk of fraudulent use of Qik. Finance Now is not responsible for delays or failures to provide Qik or any Qik service resulting from acts beyond the reasonable control of Finance Now. Such acts shall include but not be limited to acts of God, riots, acts of war, epidemics, governmental action superimposed after the date of this Agreement, fire, earthquakes, telecommunications failures or a failure of Finance Now's or a Computer Agency's computer system. Information Subject to Verification Information provided through Qik will in normal circumstances reflect the state of the Qik Information at that point in time. However information obtained through Qik is subject to verification and authorisation by Finance Now in accordance with normal company procedures and, in particular, the proceeds of approved finance will not be available until all prerequisite documentation and verification has been received.Acting on Instructions
All instructions received by Finance Now through the use of Qik, or by prior arrangement, by a facsimile or other written method, shall be deemed to have been properly given by You in accordance with Your mandate to Finance Now and may be operated on accordingly. You agree that Finance Now may, but shall not be obliged to, refuse or omit to act upon an instruction received through use of the Qik or by a facsimile or other written method, if it believes it has reasonable grounds to do so which shall include, but not be limited to, the need to check or verify Information, faulty instructions, system failure or temporary system constraints or limitations. Finance Now shall use all reasonable efforts to act on a countermand of an instruction sent by You provided that if Finance Now is not able to countermand an instruction having used all reasonable efforts it shall not be liable to You for failing to action the countermand.Disclosure of Your Information
Finance Now may operate parts of Qik in conjunction with a Computer Agency. In accordance with the Privacy Act 1993, You authorise Finance Now to disclose to Computer Agency Your information as is necessary for that Computer Agency to assist in the provision of the Qik to You.Termination
Either You or Finance Now giving 30 day's written notice to the other party of termination may terminate use of Qik. Finance Now may terminate Your use of Qik immediately if: You commit an act of bankruptcy or becomes bankrupt or;If You are a company and you are placed in receivership, provisional liquidation, liquidation, or some other form of insolvent administration;You commit a material breach of these terms and conditions;You are unable to pay Your debts as they fall due.Termination of the use of Qik shall not affect the rights or liabilities of Finance Now existing or arising prior to termination.Upon termination You will immediately return to Finance Now or will permit Finance Now to enter onto Your premises to uplift all material or equipment held by You and supplied by Finance Now relating to the operation of Qik and Finance Now's other services.Disclosure of Your Information
Finance Now may operate parts of Qik in conjunction with a Computer Agency. In accordance with the Privacy Act 1993, You authorise Finance Now to disclose to Computer Agency Your information as is necessary for that Computer Agency to assist in the provision of the Qik to You.Security
Finance Now will endeavour to provide Qik as electronically secure as reasonably possible. You as an Internet user need to be aware that the Internet is not a secure environment and can never be guaranteed as 100% secure and private. You and each user accept responsibility to keep private any confidential Information to Your own satisfaction acknowledging the New Zealand legislative requirements. You are responsible for preventative measures against viruses and their like on Your electronic equipment. You are responsible for the activities of Your electronic equipment and should take necessary security measures to prevent unauthorized access.Equipment
You must obtain and maintain suitable equipment (including hardware and the necessary communication links) to access Qik. Finance Now does not make and has not made any representation as to the suitability or compatibility of any particular brand or type of equipment or software programme for use now or in the future in association with Qik.Identification Numbers
Finance Now will supply You with a Username and Initial Password. Access rights granted by You are at Your sole discretion. Finance Now is not responsible for any fraudulent acts or disclosure of Information occurring due to an inappropriate allocation of these rights.Duty of Care
You and Your users have a duty of care to ensure all Information entered into Qik is accurate and that all customer identification and authorisation have been obtained and verified in accordance with Finance Now policy, legislative and regulatory requirements prior to transmission of the Information. You are responsible for any mistakes in the Information entered by You or Your users. Finance Now accepts no responsibility for the accuracy of Information, for the failure to transmit such Information in the manner requested by You, or the completeness or accuracy of the Information subsequently printed. You are required to inform Finance Now as soon as an error or mistake has been identified. Once Qik receives Information it is deemed to be true, correct and accurate, and will be acted upon accordingly.Access of Operation
You must access and use Qik only in accordance with these terms and conditions and any other terms and conditions, both expressed and implied, applying to any of the products and services supplied to You by Finance Now which you can access via Qik. You must ensure that only those people authorised by You to access Qik, its associated Information and tools, or perform any of the Qik services on Your behalf, are provided Your Username and Password. You must ensure Your users do not write down the Username and Password and that Qik is not to be left unattended while logged on. Finance Now will not accept any responsibility for unauthorised access to the system and subsequent operation where a correct login and password have been provided.Finance Now or any of its agents will not ask you for your Password. You and Your users should not supply Your Password to anyone who you do not wish to authorise. You can be held liable for fraudulent applications submitted using your Username and Password. You authorise Finance Now to provide access to and perform any Qik services for any person using a valid Username and Password. Your Password is to be changed should any of Your users leave your employment, a user presents a risk to the security and integrity of Qik and or its associated Information and tools, or 3 months has passed since the Password was first implemented. Finance Now reserves the right to lock out any Username and or IP address for any reason if Finance Now believes previous usage has been outside the scope of use of Qik. In addition Finance Now reserves the right to probe an IP address and require the owner of an IP address to identify potential misuse of the system. You authorise such inquiry as it relates to Your IP supplier in accordance with the Privacy Act 1993.
Any misuse of Qik will be dealt with expediently and to the fullest extend of NZ law. You may not use, or permit the use of, Qik in whole or in part for any purpose other than as specifically intended to carry out Your finance and reporting requirements according to the intended use of Qik. You acknowledge that Finance Now has no obligation to verify authenticity of any instruction received from You or Your users sent via Qik using Your Username and Password and that Finance Now may, without further enquiry, act these instructions.
Installation & Operation of Software
To operate effectively, Qik is to be run on a personal computer with Internet Explorer 5.5 or above loaded. To ensure Qik operates effectively in Your business and to deliver training to You and Your personnel, You must give Finance Now access to Your premises and equipment during normal business hours and give Finance Now any assistance it may reasonably require. Finance Now will make every effort when deploying Qik and its subsequent operation, to do so without affecting Your PC operations, but Finance Now accepts no responsibility for any loss or damage to any PC hardware or software during or subsequent to deployment and operation.Grant of Right of Access to Qik
You must complete and sign a Finance Now Introducer Application and Introducer Agreement. Once approved You will be supplied with the Username and Password necessary to use Qik. Finance Now grants You non-exclusive non-transferable right to use Qik. The right to access shall continue only until Your use of Qik is terminated in accordance with these terms and conditions.Provision of QIK Services
Finance Now provides Qik to You on the terms and conditions outlined here. Your use of Qik indicates Your acceptance of these terms and conditions and any terms and conditions specific to any of the Qik services or any other terms and conditions that Finance Now may implement from time to time. These terms and conditions replace any existing agreement or terms and conditions in relation to Finance Now's provision of Qik to You. Finance Now reserves the right to make any enhancements or modifications to Qik at its absolute discretion at any time without notification to You or any other user.Terms & Conditons
Qik is a software system provided by Finance Now, which allows clients to transact lending activities accurately and timely over the Internet. Qik comprises a number of separate finance and reporting services. The use of Qik is governed by these Terms and Conditions.Definitions
"Computer Agency" means any computer company and any carrier or transmission agent involved in the operation of Qik;"Initial Password" means the password given by Finance Now to You in conjunction with the Username ;
"Information" means all data collected by You and Your users and entered into Qik concerning You and Your activities, Your customers and their associated individuals, and Your clients together with all resulting activity, computed and statistical data;
"Qik" means the electronic finance and reporting service provided by Finance Now and includes any specific Qik services subscribed to by You together with any additional specific Qik services which may in the future be subscribed for by the You.
"Password" means the Initial Password or any password substituted for it in accordance with the procedures laid down in these Terms and Conditions;
"Username" means the unique identifier given by Finance Now to You in conjunction with the Initial Password in respect of Your to access Qik;
"You" and "Your" means the approved Introducer and resulting user of Qik and includes employees, agents, successors and permitted assigns of the Introducer.
Terms & Conditions
Governing Law
New Zealand law governs this Agreement. You and Finance Now submit to the exclusive jurisdiction of the Courts of New Zealand.Assignment
You cannot assign Your rights or obligations to use Qik except with the prior written consent of Finance Now.Intellectual Property
If Finance Now modifies, revises, enhances or adapts any of the Programs at any time at Your request, all copyright, patents or other intellectual property rights subsisting in any such modification, revision, enhancement or adaptation shall vest exclusively in Finance Now, regardless of whether or not You agreed to pay Finance Now for it. You shall not copy, reproduce, alter, modify or reverse engineer Qik, or merge all or part of Qik with other programs.Liability
Finance Now shall be liable to You for any direct loss that may arise as a result of the fraud or wilful misconduct of Finance Now, its employees and agents. Finance Now will not be liable to You or any other person for any loss in any other circumstances whether in contract, tort, equity, for breach of statutory duty or otherwise and whether in relation to Qik or otherwise. Finance Now shall not be liable for special, indirect or consequential loss including lost profit in any circumstances. You must take reasonable precautions to protect Your Username and Password from fraudulent use and to regularly reconcile Your bank statements against Your records and to maintain appropriate internal controls, having regard to the size and nature of your business so as to minimise the risk of fraudulent use of Qik. Finance Now is not responsible for delays or failures to provide Qik or any Qik service resulting from acts beyond the reasonable control of Finance Now. Such acts shall include but not be limited to acts of God, riots, acts of war, epidemics, governmental action superimposed after the date of this Agreement, fire, earthquakes, telecommunications failures or a failure of Finance Now's or a Computer Agency's computer system.Information Subject to Verification
Information provided through Qik will in normal circumstances reflect the state of the Qik Information at that point in time. However information obtained through Qik is subject to verification and authorisation by Finance Now in accordance with normal company procedures and, in particular, the proceeds of approved finance will not be available until all prerequisite documentation and verification has been received.Acting on Instructions
All instructions received by Finance Now through the use of Qik, or by prior arrangement, by a facsimile or other written method, shall be deemed to have been properly given by You in accordance with Your mandate to Finance Now and may be operated on accordingly. You agree that Finance Now may, but shall not be obliged to, refuse or omit to act upon an instruction received through use of the Qik or by a facsimile or other written method, if it believes it has reasonable grounds to do so which shall include, but not be limited to, the need to check or verify Information, faulty instructions, system failure or temporary system constraints or limitations. Finance Now shall use all reasonable efforts to act on a countermand of an instruction sent by You provided that if Finance Now is not able to countermand an instruction having used all reasonable efforts it shall not be liable to You for failing to action the countermand.Disclosure of Your Information
Finance Now may operate parts of Qik in conjunction with a Computer Agency. In accordance with the Privacy Act 1993, You authorise Finance Now to disclose to Computer Agency Your information as is necessary for that Computer Agency to assist in the provision of the Qik to You.Termination
Either You or Finance Now giving 30 day's written notice to the other party of termination may terminate use of Qik. Finance Now may terminate Your use of Qik immediately if:- You commit an act of bankruptcy or becomes bankrupt or;
- If You are a company and you are placed in receivership, provisional liquidation, liquidation, or some other form of insolvent administration;
- You commit a material breach of these terms and conditions;
- You are unable to pay Your debts as they fall due.
- Termination of the use of Qik shall not affect the rights or liabilities of Finance Now existing or arising prior to termination.
- Upon termination You will immediately return to Finance Now or will permit Finance Now to enter onto Your premises to uplift all material or equipment held by You and supplied by Finance Now relating to the operation of Qik and Finance Now's other services.
Disclosure of Your Information
Finance Now may operate parts of Qik in conjunction with a Computer Agency. In accordance with the Privacy Act 1993, You authorise Finance Now to disclose to Computer Agency Your information as is necessary for that Computer Agency to assist in the provision of the Qik to You.Security
Finance Now will endeavour to provide Qik as electronically secure as reasonably possible. You as an Internet user need to be aware that the Internet is not a secure environment and can never be guaranteed as 100% secure and private. You and each user accept responsibility to keep private any confidential Information to Your own satisfaction acknowledging the New Zealand legislative requirements. You are responsible for preventative measures against viruses and their like on Your electronic equipment. You are responsible for the activities of Your electronic equipment and should take necessary security measures to prevent unauthorized access.Equipment
You must obtain and maintain suitable equipment (including hardware and the necessary communication links) to access Qik. Finance Now does not make and has not made any representation as to the suitability or compatibility of any particular brand or type of equipment or software programme for use now or in the future in association with Qik.Identification Numbers
Finance Now will supply You with a Username and Initial Password. Access rights granted by You are at Your sole discretion. Finance Now is not responsible for any fraudulent acts or disclosure of Information occurring due to an inappropriate allocation of these rights.Duty of Care
You and Your users have a duty of care to ensure all Information entered into Qik is accurate and that all customer identification and authorisation have been obtained and verified in accordance with Finance Now policy, legislative and regulatory requirements prior to transmission of the Information. You are responsible for any mistakes in the Information entered by You or Your users. Finance Now accepts no responsibility for the accuracy of Information, for the failure to transmit such Information in the manner requested by You, or the completeness or accuracy of the Information subsequently printed. You are required to inform Finance Now as soon as an error or mistake has been identified. Once Qik receives Information it is deemed to be true, correct and accurate, and will be acted upon accordingly.Access of Operation
You must access and use Qik only in accordance with these terms and conditions and any other terms and conditions, both expressed and implied, applying to any of the products and services supplied to You by Finance Now which you can access via Qik. You must ensure that only those people authorised by You to access Qik, its associated Information and tools, or perform any of the Qik services on Your behalf, are provided Your Username and Password. You must ensure Your users do not write down the Username and Password and that Qik is not to be left unattended while logged on. Finance Now will not accept any responsibility for unauthorised access to the system and subsequent operation where a correct login and password have been provided.Finance Now or any of its agents will not ask you for your Password. You and Your users should not supply Your Password to anyone who you do not wish to authorise. You can be held liable for fraudulent applications submitted using your Username and Password. You authorise Finance Now to provide access to and perform any Qik services for any person using a valid Username and Password. Your Password is to be changed should any of Your users leave your employment, a user presents a risk to the security and integrity of Qik and or its associated Information and tools, or 3 months has passed since the Password was first implemented. Finance Now reserves the right to lock out any Username and or IP address for any reason if Finance Now believes previous usage has been outside the scope of use of Qik. In addition Finance Now reserves the right to probe an IP address and require the owner of an IP address to identify potential misuse of the system. You authorise such inquiry as it relates to Your IP supplier in accordance with the Privacy Act 1993.
Any misuse of Qik will be dealt with expediently and to the fullest extend of NZ law. You may not use, or permit the use of, Qik in whole or in part for any purpose other than as specifically intended to carry out Your finance and reporting requirements according to the intended use of Qik. You acknowledge that Finance Now has no obligation to verify authenticity of any instruction received from You or Your users sent via Qik using Your Username and Password and that Finance Now may, without further enquiry, act these instructions.
Installation & Operation of Software
To operate effectively, Qik is to be run on a personal computer with Internet Explorer 5.5 or above loaded. To ensure Qik operates effectively in Your business and to deliver training to You and Your personnel, You must give Finance Now access to Your premises and equipment during normal business hours and give Finance Now any assistance it may reasonably require. Finance Now will make every effort when deploying Qik and its subsequent operation, to do so without affecting Your PC operations, but Finance Now accepts no responsibility for any loss or damage to any PC hardware or software during or subsequent to deployment and operation.Grant of Right of Access to Qik
You must complete and sign a Finance Now Introducer Application and Introducer Agreement. Once approved You will be supplied with the Username and Password necessary to use Qik. Finance Now grants You non-exclusive non-transferable right to use Qik. The right to access shall continue only until Your use of Qik is terminated in accordance with these terms and conditions.Provision of QIK Services
Finance Now provides Qik to You on the terms and conditions outlined here. Your use of Qik indicates Your acceptance of these terms and conditions and any terms and conditions specific to any of the Qik services or any other terms and conditions that Finance Now may implement from time to time. These terms and conditions replace any existing agreement or terms and conditions in relation to Finance Now's provision of Qik to You. Finance Now reserves the right to make any enhancements or modifications to Qik at its absolute discretion at any time without notification to You or any other user.Terms & Conditons
Qik is a software system provided by Finance Now, which allows clients to transact lending activities accurately and timely over the Internet. Qik comprises a number of separate finance and reporting services. The use of Qik is governed by these Terms and Conditions.Definitions
"Computer Agency" means any computer company and any carrier or transmission agent involved in the operation of Qik;"Initial Password" means the password given by Finance Now to You in conjunction with the Username ;
"Information" means all data collected by You and Your users and entered into Qik concerning You and Your activities, Your customers and their associated individuals, and Your clients together with all resulting activity, computed and statistical data;
"Qik" means the electronic finance and reporting service provided by Finance Now and includes any specific Qik services subscribed to by You together with any additional specific Qik services which may in the future be subscribed for by the You.
"Password" means the Initial Password or any password substituted for it in accordance with the procedures laid down in these Terms and Conditions;
"Username" means the unique identifier given by Finance Now to You in conjunction with the Initial Password in respect of Your to access Qik;
"You" and "Your" means the approved Introducer and resulting user of Qik and includes employees, agents, successors and permitted assigns of the Introducer.