Thank you for using MyBusiness Live. MyBusiness Live is a smart data dashboard that provides a consolidated point of access to your business intelligence data, including your BNZ data and data from selected third party Apps.
These Terms apply to your access to and use of MyBusiness Live. It is important you read these Terms carefully.
9 Spokes: means 9 Spokes International Limited (NZCN 3538758) and its Related Companies from time to time.
Admin User: as the meaning given to it in clause 5.3.
Anonymous Data: means any data that does not identify an individual.
App: means a cloud-based business software application operated by an App Provider that provides a method (such as an application programming interface) for MyBusiness Live to extract and/or receive copies of certain data.
App Provider: means, as applicable, BNZ or a third party that operates an App that is available for use on MyBusiness Live.
App Terms: has the meaning given to it in clause 7.1.
Authorised User: means any user of MyBusiness Live that: (a) registers a MyBusiness Live Account (and that registration is approved by BNZ); and (b) is authorised by a Customer to access the Customer’s Customer Dashboard in accordance with section 5 of these Terms.
BNZ, we, us or our: means Bank of New Zealand.
Customer: means a person or business that: (a) registers a MyBusiness Live Account (and that registration is approved by BNZ); and (b) sets up a Customer Dashboard for the purpose of accessing, and permitting Authorised Users to access, its own Dashboard Data.
Customer Dashboard: means a dashboard on MyBusiness Live that is dedicated to the Customer.
Dashboard Data: has the meaning given to it in clause 9.1.
Electronic Message: means a message sent by electronic means, including a text message, push message and/or email.
GST: means goods and services tax payable under the Goods and Services Tax Act 1985.
Intellectual Property Rights: means all current and future registered and unregistered intellectual property rights, including rights in respect of patents, trade marks, trade names, logos, designs, copyright, rights in each of know-how, confidential information, data and trade secrets and all analogous rights and pending applications.
Loss: means any costs; loss (whether direct or indirect) of profits, business, opportunity or anticipated savings; or any indirect or consequential loss howsoever suffered by you or any third party.
MyBusiness Live: means the software-as-a-service application known as MyBusiness Live and available on the MyBusiness Live Website.
MyBusiness Live Account: means a Customer account or an Authorised User account (as applicable) for MyBusiness Live.
MyBusiness Live Website: means the website available at the URL https://mybusinesslive.bnz.co.nz/portal
Personal Information: means your personal information (information that identifies you), confidential information, tax related information, transaction information and any related information (and any such personal information that you, or someone else on your behalf, provides to us that relates to other people).
Privacy Laws: means the Privacy Act 1993 and any other privacy and data protection laws applicable to Personal Information.
Related Company: has the meaning given to that term in section 2 of the Companies Act 1993 provided that the reference to ‘company’ shall include a body corporate wherever incorporated.
Terms: means these Terms and Conditions and any additional terms notified to you by BNZ (including on MyBusiness Live), in each case as amended by BNZ from time to time.
You: means the Customer or Authorised User (as applicable) that is accessing MyBusiness Live (and your has a corresponding meaning).
In these Terms:
This section 5 only applies if you are a Customer. That is, if you have set up a Customer Dashboard for the purpose of accessing, and permitting Authorised Users to access, your own Dashboard Data. It does not apply to you if you are an Authorised User.
By registering a MyBusiness Live Account, you permit authorised representatives of BNZ to access your Customer Dashboard.
By following the directions on MyBusiness Live, you can also:
You remain solely responsible and liable for managing your Customer Dashboard (including for inviting and removing Authorised Users from time to time) and for the acts and omissions of all of your Authorised Users.
You must ensure that all information that you provide to BNZ from time to time (including when you register your MyBusiness Live Account) is accurate, up to date and not misleading. If your information changes, you must immediately update it by visiting the ‘My Account’ page on your MyBusiness Live Account.
You must not:
use MyBusiness Live in any way which may impair or damage the underlying systems or the ability of any other user to enjoy or use MyBusiness Live;
introduce any viruses, content or code which is technologically harmful, or do anything that may disable, overburden or impair the proper working of MyBusiness Live;
use MyBusiness Live in any way which breaches any applicable law or infringes any third party rights;
take any steps to disassemble, decompile, or reverse engineer all or any part of MyBusiness Live (or permit any other person to do so);
facilitate or encourage any breach of these Terms; or
attempt to do any of the above.
MyBusiness Live collects, processes and stores data relating to the use of MyBusiness Live, including data about Customers and Authorised Users. This data is known as "Dashboard Data", and may be collected from a range of sources, including by the:
You authorise BNZ to collect, use, reproduce, modify, combine and adapt Dashboard Data, and disclose Dashboard Data to Related Companies of BNZ, 9 Spokes and other BNZ service providers and organisations that we have partnered with (we only partner with organisations that meet our high standards), for the purposes of:
You authorise BNZ, Related Companies of BNZ and 9 Spokes to collect and use any data from MyBusiness Live to create Anonymous Data. All Intellectual Property Rights in Anonymous Data vest, on creation of the Anonymous Data, in BNZ and/or 9 Spokes. Without limiting the foregoing, BNZ and / or 9 Spokes may use, manipulate, process, deal, reproduce, combine, distribute and permanently retain Anonymous Data for any purpose permitted by applicable law without further notice to the Customer.
The provisions of BNZ’s Standard Terms and Conditions from time to time (available here) that relate to Personal Information (currently clause 11) are incorporated into these Terms as if set out in full in this section. For the purposes of that section, if you are not a current customer of BNZ, you will be deemed to be a customer on the basis of your registration for a MyBusiness Live Account.
Without limiting clause 10.1, you authorise us to use your Personal Information to contact you (including by email and other electronic means) about, and offer you, any BNZ product/service that we reasonably believe might be of interest to you, both while you are a Customer and for a reasonable time afterwards. We can also use and share your Personal Information to enable information to be provided to you, that we reasonably believe might be of interest to you about: (a) events, fundraising or organisations that we support; or (b) third party offers, products and services from persons or organisations that we have partnered with (we only partner with organisations that meet our high standards). You have a right to ask us not to use your Personal Information to conduct market research or contact you with marketing or promotional messages, in accordance with clause 11.10 of BNZ’s Standard Terms and Conditions.
If you are domiciled or located within the European Economic Area (EEA), you should disregard clauses 10.1 and 10.2 above and instead read the European Union General Data Protection Regulations (GDPR) Privacy Statement, which applies to you instead. The GDPR Privacy Statement can be accessed here.
You acknowledge that:
the internet is a public communications network that cannot be controlled by BNZ or any App Provider, and interruptions or disruptions to the operation of any part of the internet may cause the supply of MyBusiness Live to be delayed or not to be delivered; and
access and use of MyBusiness Live may be interrupted at any time for any reason and without notice.
BNZ will not be liable for any Loss:
arising as a result of us acting in accordance with these Terms;
caused by circumstances outside our control, including machine failure, problems with any system or network, or industrial action; or
arising as a result of your use of, or inability to use, MyBusiness Live.
Nothing in these Terms limits BNZ’s liability for acting fraudulently or excludes or limits our responsibility and liability to you under the Consumer Guarantees Act 1993 (subject to clause 15.2) or to the extent that we are otherwise unable to exclude or limit it by law.
For the avoidance of doubt, 9 Spokes will not have any liability whatsoever to any Customer or Authorised User under or in connection with these Terms and/or MyBusiness Live.
To the extent permitted by law, BNZ disclaims all representations, warranties and conditions of any kind, whether express, implied or written, oral, contractual or statutory, under or in connection with these Terms and/or MyBusiness Live. Without limiting this clause 15.3, if you use MyBusiness Live for the purpose of a business (or if you hold yourself out as doing so), the Consumer Guarantees Act 1993 will not apply.
While we have endeavoured to ensure that the information available on MyBusiness Live is accurate and free from error: (a) MyBusiness Live is provided on an “as is” and “as available” basis for general information purposes only and we do not warrant its accuracy, adequacy or completeness or that it is suitable for your intended use; and (b) BNZ relies on and does not independently verify the information provided via third party Apps.
MyBusiness Live does not include or provide any financial, legal or tax advice and the information provided on or accessed using MyBusiness Live should not be relied on for any purpose, including to make any decisions.
BNZ takes the security of your information seriously. However, despite our best efforts, we cannot guarantee that MyBusiness Live or the transmission of data over the internet will be 100% secure or uninterrupted.
You are solely responsible for any third party charges you may incur in connection with your use of MyBusiness Live.
MyBusiness Live may include links to other applications and websites that are not owned and controlled by us. Any links to third party applications or websites are provided for convenience only. We do not endorse, and are not responsible or liable for any loss or damage incurred by you as a result of your access to those applications and websites.
There may be important terms and conditions that are displayed only when you click on information icons or links within MyBusiness Live. You must access and read those terms and conditions, and by using MyBusiness Live, those terms and conditions apply to your use of MyBusiness Live, in addition to these Terms.
You acknowledge that the disclaimers and limitations on liability set out in this clause 15 are fair and reasonable in light of the fact that, subject to any payments to App Providers, MyBusiness Live is provided to you free of charge.
These Terms (and the additional terms and conditions expressly referred to in these Terms) are the entire agreement between the parties and supersede and cancel any previous representations, agreements, understandings or arrangements (whether written or oral) between the parties relating to the Customer’s MyBusiness Live Account; and Customer’s and Authorised Users’ access to and use of MyBusiness Live.
Any part or all of any clause of these Terms that is found by a court or other competent authority to be illegal or unenforceable must be severed from these Terms and will not affect the continued operation of the remaining provisions of these Terms.
Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver.
The rights under these Terms expressed to be for the benefit of 9 Spokes and/or any Related Company of BNZ are intended to be enforceable by that party in accordance with Part 2, Subpart 1 (Contractual Privity) of the Contract and Commercial Law Act 2017.