Policies

Terms & Conditions

Terms of engagement: Navigating your use of Mindful Money's services and website with clarity and confidence

These terms and conditions of use (the “Terms”) apply to you when you access and use the Website and the Services (as defined below) that are offered by Mindful Money, and set out how you may use and access the Website and the Services.

By accessing the Website and/or Services, you are agreeing to these Terms and entering into a legally binding agreement with Mindful Money. In particular, you are acknowledging and agreeing that you have read and understood the “Acknowledgement of Risk” section in clause 3 below. If you do not agree to these Terms, you must cease using our Website and Services immediately.

  1. Definitions
    1. The website www.mindfulmoney.nz (the "Website") is operated by Sustainable Initiatives Aotearoa, a New Zealand registered charity (Registration Number CC51919).
    2. In these terms, any reference to “we”, “our”, “us” or “Mindful Money” means Sustainable Initiatives Aotearoa, and, and any reference to “you” or “your” means you, the person or entity who accesses and/or uses the Website and/or the Services.
    3. The Website assists individuals to explore KiwiSaver funds or other investment funds whose investment practices align with the values and preferences of the individual (“Fund”). Our services comprise the online platform that searches for available Funds, and provides links for users to either switch their existing KiwiSaver to an available Fund, or open a new KiwiSaver or other investment account with an available Fund (the “Services”).
    4. Mindful Money uses the term "Mindful Funds" as our standard for ethical investment and responsible investment. This does not imply that other funds are unethical or that the fund providers that do not meet these standards are unethical providers.
  2. Services
    1. If you wish to access and receive the Services, you must use the platform available on the Website (“Request”).
    2. By making a Request, you consent to us collecting and using your personal information to assist you in registering with your preferred Fund, in accordance with our Privacy Policy.
    3. You acknowledge that we may receive a fee from a Fund provider for our role in assisting you to switch KiwiSaver (or other superannuation) funds to or open a new KiwiSaver or other investment fund with that provider (“Referral Fee”). You consent to us receiving the Referral Fee.
  3. Acknowledgement of risk
    1. General
      Mindful Money is a service provided under a charitable organisation and is not for profit. We are not a financial institution or advisory company. You acknowledge that we do not issue financial products or provide any financial advice and no offer or other disclosure document has been, or will be, prepared in relation to the Services or the Website, under the Financial Markets Conduct Act 2013, the Financial Advisers Act 2008 or any other similar legislation.
    2. Funds
      Investing involves risk. The value of investments can go down, as well as going up. You might lose some of your capital invested. The information provided on the Website is not a recommendation to buy, sell or hold any financial products.
    3. Before investing, consider your investment aims, your values and your risk preferences. You should read the Product Disclosure Statement for the Fund carefully. It contains the Fund’s investment objectives, risks, fees and other information that you should know before investing.
    4. The Website has a list of the advisers that are registered with the Responsible Investment Association of Australasia. You should contact an investment adviser before investing if you have questions or if you are unclear about the implications of your investment decision.
    5. No guarantee: We cannot guarantee that the interest rates, products, deals, or any other information displayed on our Website is the latest or up-to-date. We always try our best to keep them up-to-date but there may be times when the information is out of date. We cannot guarantee that the fund providers will be able to get you the rates advertised on our site. If you see any information that is out of date, please let us know at info@mindfulmoney.nz.
  4. Use of our Website and Services
    1. Security
      You acknowledge that the transmission of information over the internet (including to or from the Website) is not completely secure or error free.
    2. Linking
      The Website may contain links to other websites (“Third Party Websites”). We make no representation or warranty as to, and are not responsible or liable for, the Third Party Website, the accuracy, legality, decency or any other aspect of any content that is on that Third Party Website (“Third Party Content”) nor for any infringement of third party intellectual property rights as a result of hosting links to Third Party Websites and Third Party Content on the Website.
    3. Cookies
      We may use cookies to identify your computer on our server and so we can track your use on our Website. In some instances, cookies may collect and store personal information about you. Such personal information will only be used by us in accordance with our Privacy Policy.
  5. Disclaimer
    1. It is your responsibility to determine whether the Website’s platform meets your needs, and is suitable for the purposes for which you have chosen to use it.
    2. The information provided on the Website is:
      1. based on publicly available data, data entered by you or data otherwise available to us from publicly available sources. The analysis presented is derived from that information as a result of Mindful Money’s methodology and commonly used calculations;
      2. not a recommendation or advice. The information should not be relied upon for making financial or investment decisions and it is recommended that you seek your own qualified, independent financial advice before making any decisions in relation to your finances or investments;
      3. not necessarily indicative of future results (past financial returns are not a predictor for the future); and
      4. made available for your information only, and not for commercial re-sale.
    3. We are not stockbrokers, financial or investment advisors and do not recommend or advise on any securities or investments of any kind. Any securities or investments that are mentioned in Mindful Money communications are mentioned for purely illustrative purposes only. This Website has a list of the advisers that are registered with the Responsible Investment Association of Australasia. You should contact an investment adviser before investing if you have questions or if you are unclear about the implications.
    4. Mindful Money and its employees, directors, presenters, contributors and representatives do not guarantee any results or investment returns based on information that you receive through using the Website or the Services.
    5. Mindful Money is not a registered tax agent and does not provide tax advice. You should consult a qualified, independent tax advisor for tax advice. You remain solely responsible for complying with all applicable accounting, tax and other laws. It is your responsibility to check that storage and access to the data input into the Website’s platform will comply with the laws applicable to you.
  6. Warranties
    1. You acknowledge and agree that we give no warranty in respect of the Services.
    2. Mindful Money is a service, established to provide information on investment in New Zealand or by New Zealanders overseas. We make no representation or warranty that Mindful Money is appropriate or available for use in all countries or that the content satisfies the laws of all countries.
    3. You warrant that you will be responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
  7. Intellectual Property
    1. All Intellectual Property Rights in and to the Website, the Services, and the software and other material underlying and forming part of the Website and the Services (“Website Material”) is owned by us (and/or our suppliers and licensors), except where expressly stated in these Terms or elsewhere on the Website.
    2. When using this Website and/or the Services, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use those software, tools or applications only as required for your use of the Website and the Services and as expressly permitted in these Terms.
    3. You may download and print content from this Website for your own personal or internal business purposes only. You must not use, reproduce, store, publish, adapt, communicate to the public, distribute to third parties, amend, create derivative works from any part of the Website or the Services without our prior written consent or otherwise do anything that would infringe our Intellectual Property Rights in the Website or the Website Material.
    4. We reserve all right, title and interest not expressly granted under this licence to the fullest extent possible under applicable laws and you agree to do anything necessary, including executing any documents, to give full effect to this clause 7.
    5. You must not:
      1. use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
      2. conduct any systematic or automated data collection activities (including without limitation scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method) on or in relation to this Website without Mindful Money's express written consent.
      3. use this Website to transmit or send unsolicited commercial communications. You must not use this Website for any purposes related to marketing without Mindful Money's express written consent.
  8. Privacy
    1. Any personal information we collect about you via this Website and the Services will only be used and disclosed by us in accordance with our Privacy Policy.
  9. Limitation of liability
    1. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any loss in connection with:
      1. Mindful Money being unavailable (in whole or in part) or performing slowly;
      2. failure to receive, or error in, or omission from, any data or other information made available through Mindful Money;
      3. any indirect and consequential loss or for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to these conditions or your use of Mindful Money;
      4. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use Mindful Money. To avoid doubt, you are responsible for ensuring the process by which you access and use Mindful Money protects you from this; and
      5. any site linked from Mindful Money. Any link on Mindful Money to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, accuracy, operations, products or operators.
    2. No provider is responsible, and will have no liability for the content of the Mindful Money website or the services that Mindful Money provides.
    3. Mindful Money is not responsible, and will have no liability for the content of any product disclosure statement or other information provided to Mindful Money by providers.
  10. Variation
    1. We may vary these Terms from time to time by notice and by uploading the revised terms onto the Website. Any variation will be effective as from the date the revised terms were uploaded onto the Website (Variation Effective Date) and if you use the Website and/or receive Services after the Variation Effective Date, you will be deemed to have accepted the variation.
    2. We are not obligated to give notice of changes that are in your favour, do not materially reduce the benefit of the relevant Service to you, or are incidental changes (such as clarity, drafting and typographical amendments) which may take effect immediately and will be made available on the Website.
  11. General
    1. These Terms are governed by the laws of New Zealand. Any and all disputes arising under this Agreement shall be settled exclusively before courts of competent jurisdiction in New Zealand.
    2. By receiving our Services, you accept that it is your responsibility to determine whether and to what extent, any taxes, fees, charges or levies apply to any referrals or transfers you pursue through our Services.
    3. If any provision of the Terms are held to be invalid, unenforceable or illegal for any reason, that provision must be read down to the extent necessary to preserve its operation. If it cannot be read down it must be severed, and the remaining parts of the Terms will remain in full force and effect.
    4. If we do not exercise or enforce any rights available to us under these Terms that does not constitute a waiver of those rights.
    5. You may not assign, transfer and/or subcontract any of your rights under these Terms.
    6. We may provide you with notices, including notices relating to these Terms by way of electronic communications, including by email or other electronic communication on the Website or through the Services.
    7. For any complaints about our Services, please contact us at info@mindfulmoney.nz or at PO Box 17228, Greenlane, Auckland 1546.
    8. For any other questions about the Website or the Services, please contact us at info@mindfulmoney.nz.
    9. In these Terms, (a) words importing the singular include the plural and vice versa; (b) the words “including” means “including but not limited to”; and (c) words importing gender include all genders.
    10. These Terms (as amended in accordance with clause 10) contain the entire agreement between the parties with respect to its subject matter, and supersedes all prior understandings, communications and agreements either oral or written.

Variation Effective Date: 4th February 2021