Last updated: September 27, 2021
This page explains our terms for personal use of PhoneMe.Money. By using the service you agree to these terms. If you are a person selling goods and services, or represent an organisation or business consult the merchant terms and conditions.
These PhoneMe.Money Terms of Service (the "PhoneMe.Money Terms") govern your use of PhoneMe.Money, a payment service and financial platform (the "Service") offered by PhoneMe.Money Ltd. ("PhoneMe.Money,"
"we," "our," or "us").
By using the Service you agree to be bound by these PhoneMe.Money Terms, and the General Terms of Service ("General Terms") and all other terms and policies applicable to each Service as set forth below.
We may revise this user agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will provide notice to you of at least 21 days. We reserve the right to amend this agreement at any time without notice, subject to applicable law. By continuing to use our services after any changes to this user agreement become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account.I. Eligibility
Using PhoneMe.Money requires you to become a registered user. You must be a resident of New Zealand, (at least 18 years), and you must register for an account (your "Account") to use the Service. The Service will only be available for use in New Zealand.
Different levels of service will be provided to higher registered PhoneMe.Money users, to unlock more services you'll need to give us some more information about yourself, and we'll need to be able to verify your identity.
PhoneMe.Money only allows interactions (Topup and Withdraw) with New Zealand Bank Accounts ("Eligible Bank Accounts"). You cannot make international payments from PhoneMe.Money and we do not accept international payments.
PhoneMe.Money only works in New Zealand Dollars. There is no ability to use other currencies or digital or crypto currencies in any way.II. PhoneMe.Money Account
1.Your PhoneMe.Money Account
You must verify you own the email and phone number you registered with and that the personal information you provide to us is correct. You represent and warrant that you own the email and mobile phone number you register with and all information entered or collected in the course of creating your account and any information you subsequently add or update from your settings ("Account Information") is true and accurate.
When you first open your account, it will be a "Starter Account". This allows you to use non-financial features such as keeptrack ("KeepTrack Service") to friends or colleagues (non-binding transactions). You can browse vendors and see their products. You can trial the payment service with a one-off $20 topup from a NZ bank.
The first time you access your PhoneMe.Money using a new device we require you to authenticate your account. If your account cannot be verified you may be required to set up a new account.
In connection with your use of the KeepTrack Service, you may not refuse to (a) cooperate in an investigation concerning activity that potentially violates the law or the Service Terms, (b) provide confirmation of your registration details.
1.1 Upgrading your Account
To access full financial payment features ("Payment Service") you will need to upgrade your account through an identification process.
To upgrade your account, PhoneMe.Money will require that you submit certain account information, including but not limited to your legal name, street address, date of birth, self portrait image, and a government issued form of identification to PhoneMe.Money. You agree to cooperate with us so that we can verify your identity. We might use third parties to help us do so.
After we verify your identity, your account will convert to a 'Verified Account'. With a 'Verified Account' you may 'Topup' from an Eligible Bank account to make a payment to another PhoneMe.Money customer, and you may transfer funds from your PhoneMe.Money Balance to your Eligible Bank account through a 'Withdrawal'.
If you decline to provide us with the information that we request or if we cannot verify your identity to our satisfaction (in our sole judgment and discretion) for any reason, then your account will remain a 'Starter Account' and you will not be able to access full financial payment features.
You hereby authorize PhoneMe.Money, directly or through third parties, to make any inquiries we consider necessary to validate your identity or authenticate your identity and account information. This may include asking you for further information or documentation about your Account usage or identity, requiring you to take steps to confirm ownership of your email address, mobile phone number or address, or verifying your information against third party databases or through other sources.
In connection with your use of the PhoneMe.Money Payment Wallet Service, you may not refuse to (a) cooperate in an investigation concerning activity that potentially violates the law or the Service Terms, (b) provide confirmation of your identity, or (c) provide confirmation of any information you provide us.
2. Profile - Display Name and Image
Your unique username is your mobile phone number. In addition, you can provide a Display Name and Image as part of your PhoneMe.Money profile. Others will see this Display Name and image and neither of them shall be offensive. You may not select a Display Name or Image that misleads or deceives others as to your identity or creates an undue risk of mistaken payments. We may require you to change your Display Name and/or image or details of your account Information at our sole discretion.
3. Sharing of Your Information
4. Text Messages
By providing us with a mobile number, you consent to receiving text (SMS) messages from us. If you provide us with the mobile number of any other person or entity when initiating or requesting a KeepTrack or Payment through the Service, you represent and warrant to us that the person or entity has consented to receive text messages from PhoneMe.Money related to that payment. Standard text messaging rates may apply based on your plan with your mobile carrier.
5. PhoneMe.Money Fees
The fee for using PhoneMe.Money are found in the "Fee Disclosures" on the website PhoneMe.Money of these Terms. We reserve the right to charge for or change the fees associated with the use of the PhoneMe.Money at any time subject to these PhoneMe.Money Terms. There are no fees for making KeepTracksIII. PhoneMe.Money KeepTrack™ Service
1. Description of Service
KeepTrack Service is a peer to peer non-financial and non-binding record of value - a "KeepTrack" - between two parties. The service provides a central tally for all KeepTracks made and received by a user. As users exchange KeepTracks back and forth, PhoneMe.Money shows the KeepTrack net value against each person that you KeepTrack with, as well as all entries.
Your KeepTrack values are shown in your PhoneMe.Money KeepTrack Summary. The entries can be found in the KeepTrack section of your PhoneMe.Money Mobile App and by logging into your account at PhoneMe.Money website. You may view and download your KeepTrack entries by logging into your account at PhoneMe.Money.
KeepTracks are non-binding and have no financial backing or validity. There is a value limit of 200 for a single KeepTrack. There is a maximum KeepTrack value of +/-3000 KeepTracks expire after 180 days if not settled.
3. Settlement of a KeepTrack net position
A net position of 0 will occur when the last made or received KeepTrack with another user balances the prior value.
Alternatively a KeepTrack can be settled using the Payment Service:
a) The positive value user can simply mark the KeepTrack position as completed,
b) If the two users are Payment Service users, a bank payment can be made from the negative value user. This incurs a fee.
4. Error Resolution - KeepTrack™ Service
As the KeepTrack™ Service is not financially binding there is no monetary loss possible due to errors, and we accept no liability. We record errors and attempt resolution in order to provide a better user experience.IV. PhoneMe.Money Payment Service
1. Payment Service Overview
The PhoneMe.Money Payment Service is a financially binding service for making NZD money transactions. You topup into a 'Balance' from a bank account. PhoneMe.Money shows the amount of money you have as your 'Balance'.
Your transaction receipts and statements for the PhoneMe.Money Payment Service are shown in your PhoneMe.Money ledger. Transaction receipts can be found in the Ledger section of your PhoneMe.Money Mobile App and by logging into your account at PhoneMe.Money website. You may view and download your Ledger statements by logging into your account at PhoneMe.Money.
2. Error Resolution - Payment Service
Contact us if you see any errors or issues with your account and on your ledger. Our contact info is below, along with a description of the process and timeline for us to look into your issue. We'll need some basic information
from you to begin our investigation. We require you to provide a written record of the problem.
In case of errors or questions about your account, you must use our support site at
- Your name and mobile number;
- The transaction identifier if available;
- Why you believe there is an error, and the amount involved;
- Approximately when the error took place.
PhoneMe.Money representatives will never ask you for your password or PIN.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. We will provide written confirmation, via our support website, of what we have found and our findings whether there is an error or not. For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.
3. Your Liability for Unauthorized Transactions
Contact us as soon as possible, via our support website, if you think there has been unauthorised activity on your account or if you have lost or misplaced your phone. Please let us know if you believe there is any Unauthorised Transaction(s) on your account.
You are required to use the security precautions provided by PhoneMe.Money such as PIN or fingerprint to protect usage of the mobile app, and ensure it can only be used by you. We will protect you from future Unauthorized Transactions in your account so long as we are notified so that we can check that you have, or we will, suspend your account to stop any further fraudulent activity.
We can put a halt to your account as soon as practicable and expect that you should do that if necessary, directly from the website. An "Unauthorised Transaction" occurs when money is sent from your account that may occur outside the use of your phone. For example, if someone manipulates the service to access your account (such as a hacking attack), and sends a payment from your account, an Unauthorised Transaction has occurred.
However, the following are NOT considered Unauthorised Transactions:
- If your phone is lost or misplaced and you do not have PIN/fingerprint security enabled.
- If you give someone access to your account (e.g. by giving them your login information) and they use your account without your knowledge or permission;
- If you, or someone else with whom you are acting in concert, act with fraudulent intent; or
- You reverse engineer a transaction.
- You make a transaction which you regret later.
4. Our Liability
We are liable for any balance miscalculation on the PhoneMe.Money Payment Wallet Service caused by an incomplete or incorrect transaction or top-up or withdrawal. If you notify us as per error resolution and we find the Service is in error we agree to update your balance to the correct value.
We have no liability for loss on your part from incomplete or incorrect transactions.
Using PhoneMe.Money all payment transactions between users are instant so you can correctly confirm that your payment has:
- completed successfully
- completed for the amount displayed
Using PhoneMe.Money Topup and Withdrawal may take some time to complete and we are not liable for any loss caused by delays in these processes.
In addition, we will not be liable, for instance:
If, through no fault of ours, you have insufficient funds in your Balance to complete the transaction; If PhoneMe.Money was not working properly; If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken. If a third party service/ tool faults causing errors
5. PhoneMe.Money Payment Wallet Service does not allow debt or negative balance
PhoneMe.Money will only be useable to make payments with a positive balance. Payments from your PhoneMe.Money account can only be made up to the value of the balance.V. PhoneMe.Money Balance - Payment Service
a. Functionality. Your balance consists of the funds you have in your Balance that are available for new transactions and are not subject to pending transactions (your "PhoneMe.Money Balance"). You can only make payments of an amount up to and including the value of your balance. This means that when your balance is zero, you cannot make any payment.
b. Limitations. PhoneMe.Money may impose limits on the amount you can keep in your PhoneMe.Money Balance and reserves the right to change these limits at any time. PhoneMe.Money may impose limits on the number and value of transactions you can make in a given time period, and reserves the right to change these limits at any time. PhoneMe.Money may prevent you receiving further payments if a balance limit is exceeded until you withdraw funds to reduce your balance.
2. Top-up Your PhoneMe.Money Balance
There are two ways you can add funds to your balance. Each method is described here.
a. Eligible Bank Account.
You may Direct Credit funds from your New Zealand Bank Account to fund your Balance using the online banking app of your chosen bank. For your ease of transfer, instructions are given in the application. So that your money is easily transferred it is best for you to follow these instructions, and correctly setting the transfer amount in the app. We update your balance when we see the funds transferred to the Service bank account. We make our best efforts to get your top-up to your Balance as fast as possible. However, the time taken can vary based on the bank you make the top-up from. If we notice any egregious timing issues associated with your top-up we will notify you by email or sms. If you do not follow these instructions and you continually fault we may remove you from this service.
Access to deposited funds may be unavailable or delayed from time to time due to risk-based restrictions, scheduled maintenance, changes to our Services, unforeseen circumstances, or outages. If you do not follow the instructions, we may not be able to reconcile your top-up and this could cause delays or even reversal of the bank payment. Any costs incurred will be charged back to you. We cannot accept payments that we cannot assign to a user and so we reverse these payments minus any bank charges incurred and a possible service fee outlined in our fee schedule.
You must not attempt to pay us from an international bank or wire transfer. We do not accept these types of payments and your funds could be lost if you do so. Deposits are governed by the terms and conditions provided by the applicable bank.
b. P2P Payments Received Through PhoneMe.Money.
Funds received from P2P Payments (defined below) made to you through the PhoneMe.Money appear in your PhoneMe.Money Balance. There are limitations of the amount you can hold in your PhoneMe.Money balance and you may be required to remove money via withdrawal if your balance goes above these limitations which are listed
3. Withdrawing Funds to Your Bank Account
You can withdraw funds from your PhoneMe.Money balance out to your Eligible Bank Account. These transfers can take between 1 hour and up to three days depending on your bank and the time of day. We may limit your ability to transfer funds to your bank account, based on the circumstances. For example, we may delay transfers while we screen for fraud or risks. If there is any cause for delay we will notify you.
a. Transfers to Your Bank Account. You may electronically transfer funds from your PhoneMe.Money Balance to an Eligible Bank Account. By selecting an Eligible Bank Account as your deposit source, you are requesting that we settle an electronic transfer to your bank account.
b. Limitations. PhoneMe.Money may limit how many transfers you can initiate from your PhoneMe.Money Mobile App to your Eligible Bank Account and the amount of funds you can transfer in a single transaction. We reserve the right to delay or further limit such transfers while we screen for risk, or we may request you provide additional information to verify your identity. You may not transfer funds from your PhoneMe.Money Balance to your Eligible Bank Account to evade a payment investigation. If you attempt to transfer your PhoneMe.Money Balance while we are conducting an investigation, we may hold your funds at our discretion to protect PhoneMe.Money or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. We also may defer or redirect pay-out or restrict access to your funds as necessary to comply with applicable law, subpoena or court order, or if requested by any governmental entity. You will remain liable for all obligations related to your Balance even after the account is closed.
4. Treatment of Funds
If you do hold funds in your PhoneMe.Money Balance, PhoneMe.Money will hold such funds separate from its corporate funds, will not use your funds for any corporate purposes, nor will PhoneMe.Money voluntarily make your funds available to its creditors in the event of bankruptcy. PhoneMe.Money will combine your funds with the funds of other users and place those pooled accounts in one or more bank accounts in PhoneMe.Money's name.
You will not receive interest on the funds that you have in your stored balance.
You agree that you will not receive interest on or other monies derived from the funds that PhoneMe.Money handles and places in pooled accounts. It is possible that PhoneMe.Money will receive interest on funds held for its users. In consideration for your use of the Service, and with full knowledge and understanding that PhoneMe.Money will receive this interest, you irrevocably transfer and assign to PhoneMe.Money all right that you may have in any interest that may accrue on funds held in pooled accounts.V. Peer to Peer Service - Payment
1. Description of Service
The peer-to-peer Payment Service ("Peer-to-Peer Service") allows you to send funds or receive funds for peer-to-peer personal, non-commercial purposes.
These payments are financial and binding in nature and involve the transfer of actual funds from one Service user to another.
This service is not available to all customers at this time, and is by invitation only.
2. Sending Funds
You will be able to send funds using our P2P service if you have a positive balance. You authorize us to move funds on your behalf. We won't be responsible for certain incomplete transactions, as described here.
Once you have opened an account and have funds available in your Balance, you will be able to send funds using the Peer-to-Peer Service. If your account is halted you will not be able to send funds.
As a party initiating a transfer ("Sender"), you will send funds to your selected recipient ("Recipient") by designating the Recipient and the transfer amount to us (a "Payment Instruction"). Your Payment Instruction authorizes us to move funds from your Balance to your designated Recipient (a "P2P Payment").
You understand and agree that when you initiate a P2P Payment Instruction using the Service, the processing of the Payment Instruction will begin, and funds will leave your balance immediately at the moment of the initiation of such Payment Instruction.
You agree that we shall incur no liability if we are unable to complete any transaction because of: (i) insufficient funds in your Balance; (ii) malfunction of the Peer-to-Peer Service due to circumstances beyond our control or due to circumstances that you or we were already aware of at the time you initiated your Payment Instruction; (iii) inaccurate or insufficient Payment Instructions; or (iv) failure of the Recipient to claim the P2P Payment; or (v) either you or the Recipient does not provide us with any information that we request, or we are unable to verify your identity or the identity of the Recipient to our satisfaction.
You may also refund a payment via the Peer-to-Peer Service. If you a recieve a Payment via the PhoneMe.Money service this payment can be refunded. Refunding a payment is free and places no liability on the PhoneMe.Money Service.
4. Receiving Funds
Any P2P Payment you receive via the Peer-to-Peer Service will be stored in your PhoneMe.Money Balance.
5. Peer-to-Peer Service Payment Amount Limits
You will not be able to send large amounts of money over the thresholds described in the limits listed below.
Weekly Rolling Limits Your combined spending limit is a rolling weekly limit. This means that a transaction counts against your limit for the prior six days. For example, if you send a payment on a Monday at 23:59 PM, that payment will no longer count against your limit at 00:01 AM the following Monday. Limits are subject to periodic review and may be changed based on your PhoneMe.Money account history, activity, and other factors. PhoneMe.Money retains sole discretion to apply and change limits.
Limits The limits are posted on our Support Centre.
6. Peer-to-Peer Service Fees
Sending money to others through our P2P service is currently free, but we can charge fees in the future.
There are currently no fees for sending funds via any PhoneMe.Money account using the Peer-to-Peer Service. The fee for withdrawing funds using a PhoneMe.Money will be displayed at the time of the transaction. We reserve the right to charge for or change the fees associated with use of the Peer-to-Peer Service at any time subject to these Terms.
7. Payment Cancellation, Stop Payment Requests, and Refused Payments
Our ability to stop a P2P Payment Instruction or recover funds associated with an unauthorised Payment Instruction will depend on how the Payment Instruction was initiated, and whether the Payment Instruction has begun processing. P2P Payments not claimed by a Recipient for fifteen (15) days after the processing has begun will be cancelled automatically. We will attempt to return any unclaimed, refused, refunded, prohibited, or denied P2P Payment to your Eligible Transaction Account. If we are not able to do so, we may use other reasonable means to return the P2P Payment to you, as permitted by applicable law.
8. Invalid P2P Payments
If we believe you received a payment that should not have been made for some reason (for example, fraud), you give us permission to reverse that payment. We are not responsible for any payments that you receive, even if you don't know who sent the payment.
You acknowledge and agree that we will not be liable in any way for any P2P Payments that you may receive, regardless of whether you authorized the Sender to send them to you.
9. Risk of Fraudulent Transactions
The Peer-to-Peer Service is a money transmission service. As a result, fraudulent transactions may result in the loss of funds with no recourse.VII. OTHER LEGAL TERMS
1. Recovery of Funds
You give us permission to recover amounts you owe by debiting funds available in PhoneMe.Money Balance. This may involve us making attempts to recover less than the full amount you owe to us. We might contact you or take other legal actions to collect amounts due.
You authorize PhoneMe.Money to recover funds from you in accordance with these Service Terms and any other agreement you have with us, including if you owe amounts to us or for reason of fraud or illegal activity.
You authorise PhoneMe.Money to debit, charge, setoff against and otherwise recover funds from your Balance, your PhoneMe.Money Balance. Your authorization will remain in full force and effect until the later of closure or termination of your Balance, or the disbursement of all funds held on your behalf.
Further, in the event that any attempt to recover funds from you should fail, your authorizations hereunder include your grant to PhoneMe.Money of new, original authorizations to recover all or less than all of the amount you owe us or belong to us. You authorize PhoneMe.Money to take the above steps without prior notice to you and irrespective of (i) whether we have made demand under these PhoneMe.Money Terms, the Payment Terms, the General Terms or any other agreement you have with us; and (ii) whether the obligation is contingent, matured or unmatured. Your authorization hereunder includes all authorizations to take the above steps in complete compliance. You agree that your grant of the authorizations hereunder has the same legal effect as if you had signed a paper containing the same terms.
If PhoneMe.Money is unable to recover the funds by these means, PhoneMe.Money may attempt to contact you or may take other legal actions to collect the amounts due, to the extent allowed by applicable law.
2. Compliance with Governmental Authorities
PhoneMe.Money may freeze, withhold, or remit funds in your Balance in response to a facially valid subpoena, court order, search warrant, or other binding order from a governmental authority, including but not limited to tax levies or wage garnishment orders. Costs that occur due to government regulation or compliancy will be passed on the the account holder.
3. Limitations on Use
We may limit your funding sources, payment amounts, balance levels and any other payments to reduce risk. You will use PhoneMe.Money legally and in accordance with debit rules. You agree to not abuse the payment system or the service. We may block or reverse any transaction, including those that violate our terms or the law, at your expense.
PhoneMe.Money may limit the funding sources available for a specific transaction at any time in its sole discretion.
You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service and for all communications you send through the Service. You further agree that the sole liability of keeping these funds safe is your requirement - you should in no way allow others to login, share your pin, spoof your identity, or use the PhoneMe.Money Mobile App in ways that allow your account to become unsafe or used fraudulently. If it is found that this has occurred your PhoneMe.Money account will be ended and your funds may be lost.
You further agree that in connection with your use of the Service, or in the course of your interactions with PhoneMe.Money, a user or a third party, you will not (a) use your account or the Service in a manner that PhoneMe.Money reasonably believe to be an abuse of the payment system.
We reserve the right to block, refuse, or reverse any transaction, in our sole discretion. We will notify the affected parties promptly if we decide to do so, but notification is not required if the transaction is prohibited by these terms or applicable law. Neither we nor third parties to whom we assign or delegate rights or responsibilities will be liable for any claims or damages resulting from prohibited transactions. All costs for research and resolution for any misapplied, misposted or misdirected prohibited transactions will be your sole responsibility and not ours.
4. Limitations on Our Liability for Failure to Complete Transactions
We will not be liable if transactions do not go through. If you have problems making or receiving payments you should immediately notify PhoneMe.Money
5. Dispute Resolution
Each of your external funding sources may have different dispute resolution rights and procedures in the event your transaction turns out to be unsatisfactory (if, for example, you are disputing charges on your account). Your dispute resolution rights are determined by the funding source used to fund the applicable transaction. Please consult the terms and conditions of such funding source for more detail.
6. Termination of Account
We can terminate or refuse your access to the service at any time, for any reason.
PhoneMe.Money may terminate, close, or suspend your account or use the Service at any time for any reason. Any such termination does not relieve you of any of your obligations to PhoneMe.Money under these Terms and any amounts owed to us as provided in these Terms, the General Terms, or any other agreement you have with us. We will not be responsible for any loss, damage, harm or consequences, including any delay or inconvenience you may suffer as a result of our exercise of our rights under this section.
7. Services Upon Closure of Account
When your PhoneMe.Money account is closed, we'll settle any pending transactions and return remaining funds in your account to you. We may need to hold your funds if there is an investigation at the time your account is closed.
Any pending transactions at the time of termination, closure, or suspension of your account will be settled. Any funds that we are holding in custody for you at the time of termination, suspension, or closure of your account, less any applicable fees, (1) may be made available for you to cash out in PhoneMe.Money's discretion and subject to the other conditions in these Terms, and (2) we may require you to link a new bank account that has not been associated with your account to cash out such funds. If an investigation is pending at the time of closure, we may hold your funds until resolution of the investigation.
8. Unclaimed Property
If your account is inactive for an extended period of time it may be deemed "unclaimed" or "abandoned". If this occurs, PhoneMe.Money will provide you with notice as required by applicable law. If funds still remain in your account, PhoneMe.Money will escheat such funds as required by applicable law.
9. Referral Programs
From time to time, we may offer referral programs or incentives for inviting others to use the Service (a "Referral Program"). Any bonuses or incentives under such Referral Program shall be subject to the then current Referral Program terms, if applicable, and otherwise at our sole discretion.
As a Recipient or Business Seller, you may be asked to provide certain information used to assist PhoneMe.Money in complying with its obligations under New Zealand IRD Regulations. By providing PhoneMe.Money with this information you are certifying that the information provided is true and accurately reflective of your use of the Service. When indicating that you are a PhoneMe.Money for Business Seller, you certify that such use of PhoneMe.Money Mobile App is to receive payment(s) that are "reportable payment transactions", including, but not limited to, the payments for goods and services. When indicating that your use of the Service is "Personal" use, you certify that such use is solely for receipt of payments other than non-reportable payment transactions. For avoidance of doubt, "Personal use" does not allow for the receipt of payment for goods and services you provide others that constitute "reportable payment transactions".
11. Restricted Activities
In connection with your use of our websites, your PhoneMe.Money account, the PhoneMe.Money services, or in the course of your interactions with us, other customers, or third parties, you must not:
- Breach this user agreement, the Acceptable Use Policy, or any other agreement between you and us;
- Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
- Infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Create or control more than one personal account for yourself without our express authorisation, through, among other methods, using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information;
- Act in a manner that is defamatory, trade libelous, threatening or harassing;
- Provide false, inaccurate or misleading information;
- Send or receive what we reasonably believe to be potentially fraudulent money or payments for advertising, marketing, or otherwise on an unsolicited and unauthorized basis;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
- Harass and/or threaten our employees, agents, or other users;
Use the PhoneMe.Money services in a manner that results in or may result in:
- disputes; claims, reversals, chargebacks,
- fees, fines, penalties or other liability or losses to PhoneMe.Money, other customers, third parties or you;
Access the PhoneMe.Money services from outside New Zealand;
Circumvent any of our policies or determinations about your PhoneMe.Money account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional PhoneMe.Money account(s) when you have amounts owed to us or when your PhoneMe.Money account has been restricted, suspended or otherwise limited; opening new or additional PhoneMe.Money accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else's PhoneMe.Money account; or
Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the PhoneMe.Money services) operated by us or on our behalf or the PhoneMe.Money services including:
- Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or PhoneMe.Money services;
- Use an anonymising proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;
- Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the PhoneMe.Money services) operated by us or on our behalf;
- Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;
- Use the PhoneMe.Money services to make excessive transactions;
If you've violated our Agreement, then you're also responsible for damages to us caused by your violation of this policy.
12. Your Release of Us
If you have a dispute with any other PhoneMe.Money account holder, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
13 PhoneMe.Money is only a payment service provider
We act as a payment service provider only. We do not:
- Act as an escrow agent with respect to any money sent to you on PhoneMe.Money that has not been transferred;
- Act as your agent or trustee;
- Enter into a partnership, joint venture, agency or employment relationship with you;
- Guarantee the identity of any user or seller;
- Determine if you are liable for any taxes; or
- Unless otherwise expressly set out in this agreement, collect or pay any taxes that may arise from your use of our services.