Website T&C's
The following terms and conditions (“Website Terms”) apply to your use of Credia Limited’s trading as Lenny (“Lenny”, “we”, “us”, “our”) website at www.lenny.co.nz (Website). Our Privacy Policy from time-to-time forms part of the Website Terms and you agree that we can collect, store, use and share your personal information in accordance with the Privacy Policy. The Website Terms are important so please read them carefully. Some words used in these Website Terms are defined in the Dictionary at the end of the Website Terms.
If you do not agree to these Website Terms you are not authorised to access and use the Website, and you must immediately stop doing so.
These Website Terms were last updated on 1 July 2024. We may change these Website Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Website Terms.
1. Website Access & Content
1.1 Lenny is a licensed financial advice provider. You can view important information about our services here (Important Information). The Website does not provide financial advice and is not an offer to advise you or to provide any other services to you. Sending any communication to us will not impose any obligation on us or any of our financial advisers except where we agree to provide services to you on our separate service terms.
1.2 We may change, suspend, discontinue, or restrict access to, the Website at any time (whether with respect to you or users generally) without notice or liability.
1.3 The content and tools (including the results of the tools) on the Website are provided for general information only. The content and tools are provided free of charge and:
- do not constitute financial or other professional advice;
- are not guaranteed to be free of error or omissions;
- are not an endorsement or recommendation of any kind including regarding the value or suitability of any particular course of action or transaction;
- Do not provide any approved loan offer;
- are not endorsed or underwritten by any third party.
You should obtain professional or specialist advice before taking, or refraining from taking, any action in relation to such content or tools.
1.4 Any links to third party websites are provided for convenience only. The inclusion of a link does not imply any endorsement or verification of the content by us. Responsibility for the content and privacy practices of any linked websites rests solely with the owners of those sites.
1.5 We may, at our sole discretion, alter, upgrade, update or change the Website. In such cases your access to the Website may be interrupted.
1.6 Without affecting any other right or remedy available to us, if we consider that you have breached these Website Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it). On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
2. Your Obligations
2.1 You must provide true, current and complete information in your dealings with us, and must promptly update that information as required so that the information remains true, current and complete.
2.2 You must:
- not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, time-bomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System;
- not act in any way that is unlawful or fraudulent (whether or not intentional) or for the purpose of harming an individual or other person in any way;
- you must not use our Website or services (including a customer portal) in a manner, and you must not transmit, input or store any data, that breaches any third party right (including privacy rights) or law, or that is objectionable, incorrect or misleading;
- keep all information we provide to you, including passwords and customer portal links, secure and free from unauthorised use (and you must promptly tell us if you become aware that anyone may have unauthorised access to that information or our Services; and
- unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, automation, or any similar data gathering, extraction or monitoring method.
2.3 You must obtain our written permission to establish a link to our Website.
2.4 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Website Terms, except to the extent the Loss is caused by our fraud or dishonesty.
3. Intellectual Property Rights
3.1 We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
3.2 You must not use any part of the content or functions on the Website for, or in connection with, providing products or services to third parties for the purpose of any business, profession, trade or undertaking (whether or not carried on with the intention of making a profit) except with our prior written consent.
3.3 You agree that we can hold and use all information and documents you provide to us (via or in connection with the Website) for the purposes of the Website and as otherwise disclosed in our privacy policy.
3.4 Lenny, Credia, Do More and More Options, More Choices are registered trademarks of Lenny and are not to be used without the expressed written authority of Lenny.
4. Website Limitations
4.1 Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
4.2 To the maximum extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss you suffer or incur in connection with your use of the Website including in connection with:
- the Website being unavailable (in whole or in part) or performing slowly;
- any error in, or omission from, any information or results made available through the Website;
- any interruption or delay in access to your records or data;
- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
- any site linked from the Website.
4.3 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
5. Liability Exclusion
5.1 To the maximum extent permitted by law:
- access and use of the Website is at your own risk; and
- we are not liable or responsible to you or any other person for any Loss under or in connection with these Website Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
5.2 Except to the extent permitted by law, nothing in these Website Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the maximum extent permitted by law, where our liability cannot be excluded but can be limited, our liability is limited to NZ$100.
5.3 To the maximum extent permitted by law, and only to the extent clauses 5.1 and 5.2 of these Website Terms do not apply, our total liability to you under or in connection with these Website Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZ$100.
6. General
6.1 If you provide us with your email address or other electronic address, you agree that we may contact you using electronic communications in relation to the enquiry or application you make. We may also provide you with information about additional products or services that we think you may be interested in.
6.2 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Website Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it). On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
6.3 These Website Terms, and any dispute relating to these Website Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute or other matter connected with these Website Terms or the Website.
6.4 For us to waive a right under these Website Terms, the waiver must be in writing.
6.5 Clauses which, by their nature, are intended to survive termination of these Website Terms, including clauses 2.4, 3, 4, 5 and 6.1, continue in force.
6.6 If any part or provision of these Website Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Website Terms. The remainder of these Website Terms will be binding on you.
6.7 These Website Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Website Terms. To the maximum extent permitted by law, you confirm that you have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Website Terms, and that no such representation, warranty or agreement has any effect from the date you agreed to (or are deemed to have agreed to) these Website Terms.
7. Dictionary
7.1 In these Website Terms:
Including and similar words do not imply any limit.
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability, and cost (including legal costs on a solicitor and own client basis).
Underlying System means any network, system, software, data or material that underlies or is connected to the Website.