AVANTI APP TERMS AND CONDITIONS

Use of the Avanti Mobile App (App) and any of the information in the App is subject to these terms and conditions.

1. INTRODUCTION

1.1 These terms and conditions comprise a binding contract between you and Avanti Finance Limited, including its subsidiaries (Avanti, we & us).

1.2 App means the native mobile app and/or progressive web app applicable to your Avanti loan account/s and related information.

1.3 We offer to make the App available to you to enable you to access your loan account details in accordance with these terms and conditions and your loan agreement.

1.4 By using the App you agree to be bound by these terms and conditions.

1.5 This App is only available for Avanti customers.

1.6 The App will only operate on recent versions of Android, iOS and major web browsers.

1.7 An Internet connection is required to use the App. Normal data charges by your provider may apply.

2. ACCESS RIGHTS

2.1 Once you are registered, you may immediately use the App in accordance with these terms and conditions and as otherwise directed by us from time to time.

3. YOUR SECURITY RESPONSIBILITIES

3.1 You agree to use a unique password, PIN and/or biometric authentication when accessing the App and to ensure that no other person has access to your password and/or PIN (including family members, friends or our staff). You must not keep a written record of your password and/or PIN where it can be accessed by other people or leave your computer unattended when logged on to the App.

3.2 If your password and/or PIN has become or may have become known to anyone else you must notify us immediately.

3.3 You must notify us immediately if you believe that someone other than you has accessed or logged into the App with your details.

3.4 You agree to use reasonable care when accessing the App to ensure that your password and/or PIN is not disclosed to any other person and to immediately notify us if you believe that your password and/or PIN has become known to another person.

3.5 You are responsible for all instructions authorized by the use of your password, PIN and/or biometric authentication regardless of whether that instruction is from you or from another person and whether or not the use of that password, PIN and/or biometric authentication is with your knowledge or consent. You agree we have no additional duties to make any inquiry as to the authority or identity of the sender of that instruction.

3.6 You agree that you will not attempt to modify the content or appearance of the App, or otherwise interfere with the operation of it.

3.7 Any reproduction of the content of this App is strictly prohibited. You may not use the App to solicit or advertise in any manner.

4. SUSPENSION AND TERMINATION

4.1 Avanti reserves the right to modify, suspend or discontinue the App or any portion thereof at any time, including the availability of access to any area of the App. Avanti may also impose limits on certain features and services or restrict your access to parts or all of the App without notice or liability.

4.2 Avanti reserves the right to restrict, suspend or terminate your access to the App in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If Avanti terminates your access or use of the App based on a breach by you of these Terms, Avanti reserves the right to refuse to provide access to the App to you in the future.

5. VARIATION TO THESE TERMS AND CONDITIONS

5.1 These terms and conditions shall continue to apply until such time as we give you notice of any changes by way of a public notice or a statement on our website or this App. By continuing to access and use the App after we have given such notification, you will be deemed to have accepted those changes.

5.2 We can change the user requirements, application and operating system specifications, format or content of the App and access to the App at any time without providing notice to you.

6. COMMUNICATIONS

6.1 Communications in connection with these terms and conditions and the App must be given in accordance with these terms and conditions.

6.2 Communications over the internet are deemed to have been received when the communications enter a recipient’s computer and are effective when received even if the person to whom the communication is addressed is not aware of its receipt.

6.3 Communications are deemed to be sent from where the sender has its place of business or residence and is deemed to be received where the recipient has its place of business or residence.

7. THIRD PARTY LINKS

7.1 The App may contain links to or otherwise allow connections to third-party websites, products, or services that are not owned or controlled by Avanti.

7.2 You agree that we are not responsible or liable for the content, policies or practices of any third-party websites or for any non-Avanti products or services. We suggest you consult any applicable terms of use and privacy policies provided by these third parties.

8. PRIVACY

8.1 Our privacy policy explains the way we collect, retain and use your personal information. You agree that it also applies to any information you provide to us in connection with your use of the App.

9. ACCOUNT DISCREPANCIES

9.1 You must notify us immediately if you believe there is any error or discrepancy relating to your loan account details or you have become aware of any unauthorized transaction on your loan account. You can contact us by calling us on 0800 808 003. If calling us from overseas please call +64 9 571 0720, or by emailing us at customer.service@avantifinance.co.nz or in writing to Private bag 11917, Ellerslie, Auckland 1542.

10. NO WARRANTIES

10.1 All warranties, express or implied, including but not limited to fitness for purpose of the App, are excluded to the maximum extent permitted by law.

10.2 Avanti does not make any warranty that the App, or any content or information made available from it, will be error free, without interruption or delay or free from defects.

11. INDEMNITY

11.1 By using the App, you shall indemnify Avanti against any and all direct, indirect and consequential damages, losses, claims, costs (including legal costs), expenses, actions, demands, liabilities or proceedings whatsoever incurred by Avanti in respect of any claim by a third party arising from or connected to any breach or alleged breach by you of your obligations under these terms.

12. LIABILITY

12.1 Subject to our obligations under the Consumer Guarantees Act 1993, we are not liable to you in any way and do not accept responsibility for any loss, damage, cost or expense whether direct or indirect, consequential or economic which arises in connection with any one or more of the following:

(a) your use of, or any inability to access, the App;

(b) any unauthorized use of your password and/or PIN;

(d) any fault, error or defect in the design of the App;

(e) any fault, or failure resulting in a loss of access to the App;

(f) any event outside our reasonable control;

(g) the App not always being available;

(h) any damage or loss to your mobile device from using or trying to use the App;

(i) your inability to access or use the App at any time; or

(j) (if you have enabled biometric authentication functionality on your mobile device) any access or use of the App by anyone using biometric identification data that is saved on your mobile device, including where someone else’s fingerprint or voice identification phrase is saved on your mobile device.

13. INTELLECTUAL PROPERTY

13.1 Avanti owns all intellectual property rights in and to the App, including any modifications to the App made at your request or suggestion. You do not receive or acquire any rights to patents, copyright, trade secrets, trademarks or any other rights or licenses to the App or its content through the usage of the App.

13.2 You may not download, display, reproduce, create derivative work from, transmit, sell, distribute, or in any way exploit any content made available through the App without the written prior consent of Avanti.

14. GOVERNING LAW

14.1 These terms and conditions are governed by New Zealand law.

14.2 The New Zealand Courts shall have jurisdiction to hear and determine all disputes in respect of the interpretation and application of these terms and conditions.

15. SEVERABILITY

15.1 Any unlawful or voidable provision in these Terms shall be read down so as to be valid and enforceable or, if it cannot be read down, will be severed from these terms & conditions without affecting the validity, legality or enforceability of the remaining provisions, provided the reading down or severing does not materially affect the purpose of or frustrate these terms & conditions.

16. ENFORCEMENT

16.1 Failure to enforce any provision in these Terms does not constitute Avanti waiving that provision or right.

17. ENTIRE AGREEMENT

17.1 These Terms constitute the entire agreement between you and Avanti in relation to the subject matter of this agreement. Any prior arrangement, agreements, representations or undertakings are superseded and extinguished.