My Moolah Terms and Conditions

In these terms and conditions, the following definitions shall apply:

  1. Acceptance and Amendment of Terms and Conditions
    1. By registering as a member of My Moolah you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Service.
    2. From time to time we may amend our terms and conditions. The new terms and conditions will be posted on the website. You are responsible for ensuring familiarity with the latest terms and conditions. By continuing to use the Service after any amendment has been posted, you agree to be bound by the amended terms and conditions.
    3. These terms and conditions were last updated in June 2011.
  2. Membership and Fees
    1. You must register as a member before using the Service by providing correct personal and contact information. You agree to keep your personal and contact information correct at all times while using the Service.
    2. Your login information including password, must be kept secure and must not be made available to any other person to use your membership. You are responsible for all actions taken through your membership. Your membership is not transferable and cannot be sold, loaned, leased or traded.
    3. The Service is free for a trial period of three months from registration. My Moolah reserves the right to suspend or cancel any membership during this period for any reason.
    4. If you wish to continue to use the service after this initial trial period, you are required to make pre-paid automatic payments or Credit Card payments via the Website of the monthly usage fee. Payments may be pre-paid for periods of 1, 3, 9 or 12 months at the then monthly usage fee for the Service.
    5. My Moolah reserves the right to amend the monthly usage fee for the Service at any time by publishing the new fee on the Website. This amendment shall not affect any payments that are pre-paid as at that date, but shall only affect the amount of any payments of the monthly usage fee from that date onwards, or such later date as shall be specified on the Website.
    6. Failure to make payment of the monthly usage fee will result in your membership being immediately suspended until such time as payment is made. During any period of suspension you may still view your data, but you will not be permitted to use any other aspect of the Service including inputting data or creating invoices.
  3. Acceptable Use
    1. You may only use the Service and Website for lawful business purposes.
    2. The Service may only be used for creating and storing invoice and related information and sending such invoices to actual clients and customers of your business.
    3. It is not acceptable to use the Service for any other purpose, including but not limited to the following purposes:
      1. Using the Service to advertise your business or send other spam communications to your clients or customers or to any other people.
      2. Causing damage or attempt to cause damage to the Website or interfering with the network or underlying system, including using a spider, robot, scraper or any other automated means to access our website or information featured on it for any purpose.
      3. Attempting to gain access to data belonging to another user of the Service.
      4. Using the Service for unlawful, illegal, malicious or improper purposes, including creating or sending material that may:
        1. defame or discredit another person or business;
        2. disclose private, personal or confidential information;
        3. be considered obscene, offensive, menacing or abusive;
        4. infringe the intellectual property rights of others; or
        5. violate any law or regulation.
    4. My Moolah is under no obligation to ensure that the invoices you are sending are legitimate or valid.
    5. If you are found to be using the Service or the Website for unacceptable purposes, your account will be immediately terminated with no refund of pre-paid usage fees.
  4. Termination
    1. You may terminate your membership at any time. In the event that you terminate your membership, you will receive no refund of any pre-paid usage fees. Your membership will stay active and the Services will remain available to you until such time that all pre-paid usage fees have been exhausted. After such time, you may still view your data for a further period of 12 months, but you will not be permitted to use any other aspect of the Service including inputting data or creating invoices.
    2. Failure to make payment of your pre-paid usage fees will result in your membership being suspended in accordance with clause 2.6. If you do not re-activate your account within 12 months of it being suspended by making payment of pre-paid usage fees, My Moolah reserves the right to terminate your membership, at which time you will have no further access to your data or the Service.
    3. If you breach these terms and conditions and, if the breach is capable of being remedied, you do not remedy the breach within 7 days of notification thereto, My Moolah reserves the right to suspend or terminate your membership, at which time you will have no further access to your data or the Service.
  5. Disclaimer
    1. Backing up your data on the Service remains your sole responsibility and facilities are available for you for this purpose. While every effort is made by us to regularly back up all data, My Moolah accepts no responsibility or liability for any loss, corruption or theft of data.
    2. While we do our best to monitor the content on the Website and ensure its availability, we do not accept any responsibility and make no warranties or representations regarding:
      1. the accuracy, suitability, reliability, completeness or preservation of any of the content on the website or any pages linked to the Website;
      2. that the Website, and the server that makes it available, is error free or virus free, or that your access will be uninterrupted.
    3. My Moolah is not liable to you or any other person for any costs, expenses, loss, damage or liability directly or indirectly suffered by you (including as a result of a claim by a third party) as a result of your operation, use or misuse of the Service or the Website, loss or theft or corruption of any data, unavailability of the Service or the Website, or by your reliance on any content or any other information available from or through the Website.
    4. My Moolah provides no warranty that the Services will meet your purpose or requirements, or that the Service meets current tax legislation requirements. You are solely responsible for obtaining your own accounting and tax advice to ensure the Service meets those requirements.
    5. You access and use the Service and the Website entirely at your own risk.
  6. Indemnity
    1. You will at all times indemnify, and keep us and our officers, employees and agents indemnified (“the indemnified”) from and against any loss (including legal costs and expenses on a solicitor/client basis) or liability incurred by any of the indemnified (directly or indirectly suffered) arising from any claim, demand, suit, action or proceeding by any person against the indemnified where such loss or liability arose out of, or in connection with, or in respect of:
      1. Your use of the Service or the Website; or
      2. Any breach of these terms and conditions by you, your employees or agents.
    2. You agree not to involve or attempt to involve My Moolah in any dispute that may arise between yourself and your clients or customers brought about through use of the Service.
  7. Discontinuation and Deactivation
    1. You acknowledge that My Moolah may, in its sole discretion vary or discontinue the Service or the content or any other information available on our Website, or any part of them.
    2. My Moolah may, without notice, deactivate all or any part of the Service or the Website to carry out system maintenance, upgrading, testing or repairs. My Moolah will use its best endeavors to notify you via e-mail or by publishing a notice on the Website of any period of deactivation.
  8. Copyright and other Intellectual Property
    1. My Moolah (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Service and the Website (including text, graphics, logos and icons) and the software and other material underlying and forming part of the Website and the Service.
    2. You may not adapt, reproduce, copy, store, distribute, display, perform, publish or create derivative works from any part of the Website or commercialise, copy, or on-sell any information, or items obtained from any part of this website.
  9. Privacy
    1. In using the Service, My Moolah may collect your personal registration information.
    2. You authorise My Moolah from time to time to communicate with you for the purpose of verifying your identity, communicating with you important updates regarding the Service, or for promoting and marketing other My Moolah products and services. By becoming a member you are providing permission for My Moolah to communicate with you via postal means, telephone, facsimile or email.
    3. My Moolah shall preserve the confidentiality of all data entered while using the service, and shall not, without written consent, disclose this information to any other party. My Moolah shall not be responsible or liable if data is obtained by any unauthorized third party, either by hacking or otherwise.
  10. Expiry of Termination
    1. Clauses 5.1, 5.2, 6.1, 6.2, 7.1, 7.2, 8.2 and 9.3 shall survive the expiry or termination of these terms and conditions.
  11. General Provisions
    1. If any part of these terms and conditions are held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
    2. If My Moolah does not exercise or enforce any right available to it under these terms and conditions, it does not constitute a waiver of those rights.
    3. 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.