1.Acceptance of Terms and Conditions
a.iCollect Limited (“iCollect”) provides debt recovery services. The term iCollect may be used throughout these Terms and Conditions to describe either the company or the Services.
b.These Terms and Conditions are the terms on which iCollect offers you access to, and use of, the Services, Website, technologies, and Platforms. By registering as a User and using any of the Platforms you accept these Terms and Conditions and confirm that you understand them. If you do not accept these Terms and Conditions, you must refrain from accessing or using any of the Platforms.
c.On your becoming a User on a Platform, a legally binding Agreement is formed between you and iCollect based on these Terms and Conditions, and that Agreement governs your use of any of the iCollect Platforms. This Agreement incorporates all Terms and Conditions and policies deemed to form part of the Agreement and your relationship with iCollect.
d.Any reference to the singular also means a reference to the plural, and vice versa.
2. Amendment of Terms and Conditions
a.We may amend these Terms and Conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended Terms and Conditions on the Website. You are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued use of the any of the iCollect Platforms represents your acceptance of the Terms and Conditions as amended.
3. Additional Terms and Conditions and Policies
4. These Terms and Conditions were last updated 18th July 2023.
a.In these Terms and Conditions, the following expressions have the meanings as set out below:
"Admin” is a type of User Level;
“Account” means an account held on any iCollect Platform;
"Basic” is a type of User Level;
“Debt” means debt for which you provide information to any iCollect Platform;
“Debtor” or “Debtors” means a party or parties whom owes a Debt to a User.
"Owner” is a type of User Level;
·“Platform” means any method in which you can communicate with iCollect including, but not limited to, the Website;
“Services” means any one or more of the Services offered by iCollect or iCollect’s wholly or majority owned subsidiaries, from time to time, including, but not limited to, debt recovery;
“User” means a registered Account holder of any iCollect Platform;
“User Levels” means the level of access that a certain User type may have to the Account, as better defined in clause 12;
“we”, “us” and “our” are a reference to iCollect;
“Website” means any iCollect website through which the Services are offered. In addition it includes any other method of accessing the Platforms over the Internet, even if accessed through another method that does not utilise the WorldWideWeb;
· “Working Day” means any day in Auckland New Zealand that is not a Saturday, Sunday, Public Holiday, or falls on or between 25 December and 5 January; and
“you” and “your” are a reference to you.
a.You expressly understand and agree that:
·your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting this clause, iCollect disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
·iCollect does not warrant that:
the Services provided will be uninterrupted, timely, secure, or error free, or
that any information provided on the Website is error-free or reliable;
·no advice or information that is obtained by you from iCollect or anyone else shall create any warranty by iCollect that is not expressly stated in the Terms and Conditions;
·while iCollect has systems in place to reduce the risk of credit card fraud, iCollect is not responsible for protecting Debtors from credit card fraud.
7. The Services
a.iCollect provides assists Users by helping to automate the Debt collection service.
b.iCollect does not take ownership of the Debt, or make any claim to the Debt itself, or make contact with the Debtor, or handle payments from the Debtor.
c.iCollect will not be your agent in relation to the Debt. iCollect will be providing you with the tools to help you collect the Debt.
d.iCollect does not get involved in contesting a disputed Debt. Should iCollect be included in any action initiated over a debt, you agree that you will use your best endeavours to remove iCollect from that contestation.
8. Limitation of Liability
a.You agree that, to the maximum extent permitted by law, any and all liability and responsibility of iCollect to you or any other person under or in connection with these Terms and Conditions, or in connection with the Services, the Website, the Applications, or your use of or inability to use, the Services or the Website and the Applications, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. iCollect’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
a.You agree to release, indemnify and keep iCollect (and our iCollect employees) indemnified from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us arising out of or in connection with your failure to comply with these Terms and Conditions, your failure to provide all of the information that is necessary for us to provide the Services, your providing us with information that is incorrect, your providing us with documentation which is not completely genuine, or your failure to comply with legislation.
b.You acknowledge that we are solely working with the information you provide us in relation to any Debt. You agree and acknowledge to indemnify iCollect (and our iCollect employees) against any and all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us arising, either partially or wholly, our of information you provided to us that was not complete, or wholly true. This includes, but is not limited to, any credit default, whether partially or completely, whether you were aware it was disputed or not.
c.You acknowledge that we are providing you with a service based on the information you provide. You agree and acknowledge to indemnify iCollect (and our iCollect employees) against any and all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us initiated against us, or which seeks to include us in already initiated action, due to your use of our services
d.You acknowledge and agree that, in providing our services, we may make use of Guardian Credit Services 2019 Limited (“Guardian”) to assist in the provision of those services. You agree that, should we utilise Guardian to assist us, any indemnity you provide under clause 9 will also apply to Guardian. You agree and acknowledge that in such a situation, and as permitted under Part 2 of the Contract and Commercial Law Act 2017, Guardian may enforce your obligations to it under clause 9.
a.Without limiting any other rights and remedies available to iCollect, iCollect may limit your activities on the Website and Applications, issue a warning to you, suspend or terminate your Account, and/or refuse to provide our Services to you if you breach these Terms and Conditions or if iCollect considers it appropriate.
b.You agree that iCollect’s decision on any such decision made under clause 10a is final and is at the sole discretion of iCollect. iCollect are not required to provide you with any reason as to why such action was taken.
11.Becoming a User
a.Becoming a User is free.
b.If you are a natural person, you may only register as a User if you are resident in New Zealand or Australia and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a User, you warrant that you can form a legally binding contract.
c.If you are another form of entity, such as a business or a trust, the person creating the account must be legally permitted to enter into the relationship with iCollect that these Terms and Conditions created. Personal information for contact people will be required.
d.For the sake of clarity, creating an account does not guarantee that we will provide Services to you.
e. We may, at our sole discretion, apply further conditions on some Users who are based outside of New Zealand.
a.More than one User may access each Account.
b.The creator of an Account will be the Owner of the Account. The Owner has full rights to the Account, and may grant other Users access to the Account.
c.An Account may only have one Owner.
d.A User with a Basic User Level may view a file, load debts, update debtor details, and make comments about the Debtor and Debt.
e.A User with an Admin User Level has the same abilities as a User with Basic User Level, and can also ask for a settlement amount, and accept a payment plan.
f.A User with an Owner User Level has the same abilities as a User with Admin User Level, and can also allocate User Levels to other Users.
g.The Owner may remove a User Level at any point. Any changes made by the User before their User Level was removed will remain in place once their User Level is removed.
13. Agreement as to General Use of iCollect Service
a.You agree that you will only load Debts into the iCollect Platform which was overdue, undisputed, and for which you have written evidence to support the existence of the Debt. You agree that you will upload this written evidence to the “Documents” section for that Debt on the iCollect Platform before you utilise the iCollect Service to send any letters to the Debtor.
b.You agree that by loading a Debt into the iCollect Platform, you are confirming that the Debt is value, overdue, undisputed, and that you have attempted to contact the Debtor on at least one occasion after the Debt was due.
c.You agree to immediately update your details with the iCollect Platform if you change your name, trading style, proprietorship, or any contact details. Company name changes must be done directly with us by emailing us at firstname.lastname@example.org.
d.You agree to maintain accurate records for all Debts loaded into the iCollect Platform, including, but not limited to, any amounts repaid in relation to those Debts.
14.Accuracy and Provision of Information
a.You warrant that you have provided complete, accurate, and current information when registering as a User. You must maintain and update your information held by iCollect to ensure it is kept current at all times. iCollect may call or mail you to verify these details. You must not register as a User under multiple identities or personas (whether false or not) unless doing so is with the express written permission of iCollect and for the purposes of using iCollect for separate businesses.
b.We may, at our sole discretion, apply further conditions, or require additional information, from some Users who are based outside of New Zealand.
c.We reserve the right to refuse to provide any Service from a User who refuses to provide information which we reasonably believe is required.
d.The Owner of an Account is responsible for the accuracy of any information provided on that account by any User they provide with access to that Account.
e.Using this facility allows for access to our services without the requirement to provide evidence establishing a Debt is owed. By using this facility you acknowledge the Debt exists, that you hold documentation that shows its existence, and that You can and will provide this on demand. You agree that We may request such evidence to any party that we establish may require a copy of this evidence for the purpose of showing the existence of the Debt. You agree to indemnify Us against any loss or damage that We may experience, including any legal costs, due to your using this facility without the required established Debt being owed. Please note that the ability to create a matter without documentation establishing the Debt will not be available to all users and, unless we agree otherwise, will only be available to users to have created ten valid matters within our facility. We reserve the right to change the number of matters required to use this function, and to prevent any user from utilising it.
15. Securing Your Login Information
a.You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
if the User is a natural person, not to permit any other person to use your User name or Account;
if the User is not a natural person, not to permit any other person to use the User name or Account unless they represent the User; and
not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your Account that may allow them to gain access to your Account.
16. Emails, Newsletters, Messages and Notifications
a.iCollect may send you emails, SMS messages and push notifications relating to your Account, transactions and other activities on the Website and Applications.
b.Such notifications are necessary for iCollect to provide the Services. While iCollect will comply with the Unsolicited Electronic Messages Act 2007, any messages that must be sent to facilitate a transaction of which you are a party will be sent, even if you have unsubscribed from communications, as these are not considered as a commercial electronic message as per s6(b)(ii) and s6(b)(iv) of the Act.
c.iCollect may also send regular electronic newsletters to Users promoting iCollect Services. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
17. Termination of Account
a.iCollect reserves the right to decline to register or to terminate your Account without entering into further discussions with you. Without limiting the foregoing, iCollect may terminate your Account, and stop providing Services to you, if:
·you breach any of our Terms and Conditions or policies;
·you use, or attempt to use, any Account you are not permitted to use;
·we believe, at our sole discretion, you have acted in any way inappropriately towards any iCollect employee;
·we believe, at our sole discretion, that your use of our Services impact iCollect’s goodwill in any way; or
·we, at our sole discretion, deem your behaviour to be unacceptable.
b.Users who have registered under multiple aliases may have some or all of their aliases disabled at the sole discretion of iCollect.
c.When limiting your activities on the Website and Applications, iCollect may consider offsite conduct such as prior criminal convictions, insolvency, or any other conduct that puts our community, goodwill or systems at risk. In the event of termination, you also agree that you will not open or attempt to open any new iCollect Accounts without our prior consent.
d.Any User may at any time close their iCollect Account. If you close your Account, or if it is terminated by iCollect, your ability to use the iCollect Website and Applications will end. If you decide to terminate your iCollect account, you are to ensure that before you close your Account:
·you have retrieved all information you require from your account; and
·you have resolved any and all outstanding Debts, or have notified the Debtors that we are no longer acting as your agent.
e. We offer a 30 day money back guarnatee during the first thirty days of using our services, if you are not satisfied with the services we provide. If you are not satisfied with iCollect, please contact us at email@example.com within that first 30 day period and let us know why you are not happy with our Services, and we will refund you any amounts you have paid, and your account will be closed. Should you make use of this 30 day money back guarantee, you are not be permitted to create another account without our consent, and you agree that we may terminate any account you create in the future without reimbursing you any further amounts spent.
18. Code of Conduct
b.You must not damage, interfere with, or harm the Website, Applications or Services, any network, or underlying system connected to such, or attempt to do so.
c.You may not use a robot, spider, scraper or other unauthorised automated means to access the Website, Applications or information featured on it for any purpose.
d.You are responsible for any actions taken through your Account. iCollect Accounts are not transferable and therefore cannot be sold, leased, lent or traded.
e.You shall not deceive, mislead or attempt to deceive or mislead iCollect.
a.iCollect charges a setup fee for each Debt loaded. However, you may prepay for a set number of collections per month (“Monthly Subscription”) at a discounted rate. Some of you may still be on a twelve monthly subscription (“Annual Subscription”) which is no longer available, though we may be able to offer other options in the future.
b.All fees are excluding GST unless otherwise stated. GST is payable on all fees.
c.Other Services are available, with their prices listed on the Website and on the Platform.
d.iCollect may, at our discretion, offer a discount on the normal fees listed for specific clients. In this case, the specific Terms and Conditions related to the agreement between iCollect and the User may apply in addition to the Terms and Conditions stated herein or as otherwise stated in the agreement between iCollect and the User.
e.iCollect reserves the right to change the fees charged for any of our Services at any time. However, any prepaid services will be delivered at the price when the Services were paid for.
f.In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.
g.Except as covered under clause 17.e, any cancellation of a Monthly Subscription will have effect from the end of that current subscription. If you have prepaid for several months in advance, such as through an Annual Subscription, we will refund you for any unused months, less any discount that the Annual Subscription provided over paying for multiple Monthly Subscriptions.
20. Disputed Debts
a.iCollect provides services related to the collection of undisputed Debts.
b.By using the iCollect Service for a Debt, you confirm that, to the best of your knowledge, the Debt being loaded into the iCollect Platform is not in dispute.
c.If the Debtor disutes the Debt then you agree and acknowledge that you must cease pursuing the Debt through the iCollect Services.
d.You agree that, should a Debtor dispute a Debt during the 21 day cycle, you will cease sending letters through the iCollect Service immediately. You agree that you will select to pause all remaining letters against the Debtor while the Debt remains disputed.
e.You agree and acknowledge that disputed Debts must not be knowingly loaded into the iCollect Platform. You agree that should you wish to continue to pursue disputed Debts that you will do so outside the iCollect Service.
21. System Integrity
a.iCollect will use its reasonable endeavours to ensure the availability of the Website, Applications and Services, subject to any downtime required for maintenance. However, iCollect takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Website, Applications or Services being unavailable. Furthermore, iCollect assumes no responsibility for the corruption of any data or information held by iCollect.
b. You agree that you will not hold us accountable for any system outage or failure, whether it is created by our actions of the actions of a third party.
c.We may provide an Application Programming Interface (“API”) to allow you with another way to interact with the iCollect Services. You agree that, by using the iCollect Services. You will not hold us liable for any damage or loss that you may suffer from your use of the API, the API not working as planned, or the API being unavailable or removed; and
d.You will only use the iCollect Services, including but not limited to the API, in a way that we may reasonably expect and/or have directed the iCollect Services may be ued. You agree that you will not attempt to bypass, reverse engineer, or otherwise use the iCollect Services in any way that may have been reasonable been intended.
a.ICollect and you agree that any should a legal disputes or claims between you and us related to or that arise from this Agreement, the use of the ICollect Platforms or the ICollect Services, or the interpretation, enforceability, revocability or validity of this Agreement or the arbitrability of this Agreement, the disputing party should notify the other party giving details of the dispute (“Dispute Notice”).
b.The Parties agree that they will act in good faith to resolve the dispute between them.
c.In the event that the Parties are unable to resolve the dispute between them, either Party may, no sooner than twenty Working Days of the Dispute Notice being given, either Party may notify the other that they seek to have the dispute resolved by mediation (“Mediation Notice”).
d.The Parties will then agree to a mediator. If the Parties cannot agree to a mediator within ten Working Days of the Mediation Notice, either Party many request that the President or other proper officer of the New Zealand Law Society nominate a Mediator, and it will be assumed that both Parties agree to that Mediator acting.
e.The proceedings of the mediation will be, where possible, informal, with the mediator permitted to communicate privately with the Parties individually if the mediator wishes. The Parties may be, but are not required to be, legally represented.
f.The mediation will be handled on a confidential and without prejudice basis. The Parties will use their best endeavours to comply with any requests of the mediator within ten Working Days of any request. They will also use their best endeavours to be available for mediation on no less than 20 Working Days notice of mediation occurring. While the mediator will attempt to find a time that is suitable to both Parties, the mediator is permitted to look unfavourably on a Party that it believes is not attempting to resolve the dispute in good faith by not making itself available.
g.Any such mediation will take place in Auckland, New Zealand, although parties may attend via audio or video communication. The cost of the mediator will be split equally between the Parties, unless the mediator believes that it would be unjust for one party to have to bear any such cost. A Party’s own costs will be their own.
h.If the dispute is not resolved within 45 Working Days of the Mediation Notice, and the Parties do not agree to an extension of the mediation, either Party may commence Court proceedings and/or take any other actions that it sees fit.
i.Despite this clause, either party may seek injunctive relief from an appropriate Court if they believe that failure to obtain such relief could cause irreparable damage to the Party.
23. Force Majeure
a.iCollect has no liability for any lack of performance, unavailability or failure of the Services, Website or Applications, or for any failure of iCollect to comply with these Terms and Conditions where the same arises from any cause reasonably beyond the control of iCollect.
24. No Waiver of Rights
a.If we do not exercise or enforce any right available to us under these Terms and Conditions, it does not constitute a waiver of those rights or our right to act with respect to subsequent or similar breaches.
a.If any provision of these Terms and Conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining Terms and Conditions, which shall continue in full force and effect.
a.iCollect Limited is owned and operated in New Zealand.
b.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.
27. Intellectual Property Rights
a.iCollect (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website and Applications (including text, graphics, logos, icons, video and sound recordings) and the software and other material underlying and forming part of the Services, the Website and the Applications.
b.You may not, without our prior written permission, in any form or by any means:
Adapt, reproduce, copy, sell, distribute, print, display, perform, publish or create derivative works from any part of the Website or the Applications; or
Commercialise, copy, or on-sell any information, or items obtained from any part of the Website or the Applications.
28. Entire Agreement
a.These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement between the parties relating to the subject matter of these Terms and Conditions.