You must ensure you read this end-user license agreement carefully before clicking the 'create an account' button or downloading or using the application.
Acknowledgement
By clicking the "Create an account" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of these Licence Terms. If You do not agree to these Licence Terms do not click on the "Create an account" button, do not download and do not use the Application. These Licence Terms are a legal document between You and Amico and it governs your use of the Application made available to You by Amico. This agreement is between You and Amico only and not with the Application Store. Therefore, Amico is solely responsible for the Application and its content. Although the Application Store is not a party to these Licence Terms, it has the right to enforce these against You as a third-party beneficiary relating to your use of the Application. The Application is licensed, not sold, to You by Amico for use strictly in accordance with these Licence Terms.
Section 01
1.1 In these Licence Terms, as far as the context allows, the following words have the following meanings:
(a) "Allowable Purpose” means the use of the Service, via the Application, solely to facilitate the documentation of a loan between individuals who are either:
(i) related to one another; or
(ii) friends; or
(iii) close associates,
and where the advance is funded by lawful means and is to be for lawful purposes.
(b) “Application" means the software program provided by Amico, called “Amico” downloaded by You through an Application Store's account to a Device.
(c) "Application Store" means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
(d) “Confidential Information” includes, but is not limited to:
(i) these Licence Terms;
(ii) Your information;
(iii) any information that is clearly identified in writing at the time of disclosure as confidential or which is marked as confidential;
(iv) all information relating to any patents, patent applications, designs, formulae, product knowledge, samples, trade marks, logos, trade secrets, know-how, source and object codes techniques, and other similar information whether in writing or otherwise;
(v) the source code or other programming information applicable to the Application or the Service.
(e) "Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
(f) "Country" refers to where You are residing, being either Australia or New Zealand.
(g) "Device" means any device that can access the Application such as a computer, a mobile telephone or a digital tablet.
(h) “Direct Debit Authority" means the direct debit authority which is generated by the Service by use of the Application and which constitutes authority for a Lender’s bank to draw upon a Borrower’s bank.
(i) “Intellectual Property Rights” means all rights in relation to patents, copyright, registered designs, registered and unregistered trademarks, trade secrets, know-how and confidential information and all other intellectual property as defined in Article 2 of the convention establishing the World Intellectual Property Organisation of July 1967 and the Moral Rights.
(j) “Amico” means Amico Limited NZBN 942 180 0215.
(k) "Licence Terms" means this End-User License Agreement that forms the entire agreement between You and Amico regarding the use of the Application.
(l) “Loan” means a loan between You and the other party to the Loan Agreement.
(m) “Loan Agreement” means the loan agreement which documents the terms of the Loan and which is generated by the Service by use of the Application.
(n) “Moral Rights” means any of the rights described in Article 6bis of the Berne Convention for the Protection of Literary and Artistic Works 1886, being “droit moral” or other analogous rights arising under any statute (including the Copyright Act 1968 or any other law of the Commonwealth), that exists or may come to exist, anywhere in the world.
(o) “the Service” means the software application which provides an interface to the Amico content management system owned and developed by Amico and which is to be licensed to You by these Licence Terms.
(p) "State” means the Country in which the Loan Agreement is deemed to have come into existence.
(q) “Third-party Services” means third-party websites, software, online services, data, libraries, or other materials.
(r) “You" means the individual accessing or using the Application or Amico, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
Section 02
Grant of Licence
2.1 Subject to these Licence Terms, Amico grants to You a limited non-exclusive, non-transferable and terminable licence (“the Licence”) to to download, install and use the Service solely for the Allowable Purpose and strictly in accordance with these Licence Terms.
2.2 You may only use the Application on a Device that You own or control and as permitted by the Application Store's terms and conditions.
2.3 The licence that is granted to You by Amico is solely for your personal, non-commercial purposes.
2.4 You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the use of the App.
2.5 You may not redistribute the App in any form or broadcast it in any media.
2.6 Use of the Service for any purpose other than Allowed Purpose is prohibited.
Section 03
Updates to the Service
3.1 Amico may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.
3.2 Updates may modify or delete certain features and/or functionalities of the Application.
3.3 You agree that Amico has no obligation to:
(a) provide any Updates, or
(b) continue to provide or enable any particular features and/or functionalities of the Application to You.
3.4 Any new features that augment or enhance the Service, and any new service(s) subsequently purchased by You, will be subject to these Licence Terms.
Section 04
Single Use
4.1 Use of the Application is limited to a single use on each occasion you set up a new Loan, plus ongoing use as is contemplated in respect of that Loan.
Section 05
Payment for Service
5.1 You are obliged to make payment for the Service on each occasion you establish a sperate Loan. Fees are payable via in App purchases via credit card.
Section 06
Suspension Of Use
6.1 Amico may, with reasonably contemporaneous oral or written notice to You, suspend Your access to the Service if Amico reasonably concludes You are using the Service to engage in an illegal activity or Your use of the Service is causing immediate, material and ongoing harm to Amico or others.
6.2 Amico reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or the Service, with or without notice and without liability to You.
Section 07
Passwords, Access, and Notification
7.1 You may not authorise anyone else to access the Service using your profile. Before using the Service you must be registered as a User. You must choose a unique user name and password.
7.2 You are prohibited from sharing your password or user name with any person who is not an Authorised User.
7.3 You are at all times wholly responsible for:
(a) the confidentiality and use of Your user name and password;
(b) all electronic communications, including those containing business information, account registration, account holder information, financial information, and all other data of any kind entered electronically through the Service or under Your account.
7.4 Any electronic communications that Amico receives via Your accounts will be deemed to have been sent by You.
7.5 You must immediately notify Amico if You become aware of any loss or theft or unauthorised use of any of Your User’ name or password.
7.6 You must not access the Service by any means other than through the interfaces that are provided by Amico.
Section 08
Acknowledgements
8.1 You acknowledge and agree the Service:
(a) is only available for use by private individuals where the Lender and the Borrower are known to each other;
(b) is not suitable for any loan by, and may not be used by, any individual, company or other entity which is in the business of lending money, such as bank, building society, finance company or other money lender;
(c) can only be used for the Allowable Purpose;
(d) will not allow the inclusion into the Loan Agreement of an interest rate which is beyond any interest rate limit set by Amico from time to time.
8.2 You agree not to raise any complaint or objection to these limits.
Section 09
Third-Party Software
9.1 You must only use Third-party Services necessary for accessing the Service, including, but not limited to, “browser” software, which supports a data security protocol compatible with the protocol used by Amico.
9.2 You must, in particular, only use software that supports the Secure Socket Layer (SSL) protocol or other protocols accepted by Amico and to follow logon procedures for services that support such protocols.
Section 10
10.1 You understand that the technical processing and transmission of Your electronic communications is fundamentally necessary to Your use of the Service.
10.2 You consent to Amico’s interception and storage of electronic communications and customer data, and acknowledge and understand Your electronic communications will involve transmission over the Internet, and over various networks, only part of which may be owned or operated by Amico.
10.3 You acknowledge and understand that:
(a) changes to Your electronic communications may occur to conform and adapt such data to the technical requirements of connecting networks or devices.; and
(b) electronic communications may be accessed by unauthorised parties when communicated across the Internet, network communications facilities, telephone or other electronic means.
10.4 Amico is not responsible for any electronic communications or customer data which are delayed, lost, altered, intercepted or stored without authorisation during the transmission of any data whatsoever across networks not owned and/or operated by Amico, including, but not limited to, the Internet.
Section 11
11.1 Amico does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, Amico, not the Application Store, shall be obligated to furnish any such maintenance or support.
Section 12
12.1 The Service may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that because Amico has no control over such websites and resources, Amico:
(a) is not responsible for the availability of such external websites or resources and makes no warranty concerning their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.
(b) does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
(c) You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.
(d) does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources; and
(e) is not responsible for any third-party information that may be provided to You through the Service (e.g., through the integration of the Service with a third party online application).
Section 13
13.1 Amico reserves the right at any time to modify, temporarily or permanently, the Service (or any part thereof). If Amico modifies the Service in a manner which removes or disables a feature or functionality on which You materially rely, Amico, at Your written request, will use commercially reasonable efforts to substantially restore such functionality to You.
13.2 If Amico is unable to substantially restore such functionality (unless enjoined from doing so by a court of competent jurisdiction or if restoring such functionality would cause Amico to infringe upon the intellectual property rights of a third party), You shall have the right to terminate the Agreement and receive a pro-rata refund of the license fees paid under the Agreement for the terminated portion of the Term.
13.3 You acknowledge that Amico reserves the right to discontinue offering the Service at the conclusion of Your then current term.
13.4 You agree that Amico shall not be liable to You or to any third party for any modification of the Service as described in this clause 10.
Section 14
14.1 Each party shall:
(a) keep confidential all Confidential Information disclosed to it by the other party or by a third-party;
(b) not use the Confidential Information of the other party except to the extent necessary to perform its obligations or exercise rights under these Licence Terms;
(c) protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information); and
(d) make Confidential Information available to authorised persons only on a “need to know” basis. Either party may disclose Confidential Information on a need-to-know basis to its employees or contractors who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services in connection with the performance of the Service.
14.2 Confidential Information shall not include information which:
(a) is known publicly;
(b) is generally known in the industry before disclosure;
(c) has become known publicly, without fault of the recipient, subsequent to disclosure by the disclosing party; or
(d) the recipient becomes aware of from a third party not bound by non-disclosure obligations to the disclosing party and with the lawful right to disclose such information to the recipient.
14.3 Notwithstanding the foregoing, this clause 14 will not prohibit the disclosure of Confidential Information to the extent that such disclosure is permitted by law or order of a court or other governmental authority or regulation.
14.4 With respect to any information received by either party from the other as a result of any other relationship between the parties other than in the course of performance hereunder (e.g., business development, partnership, alliance, etc.), the parties will abide by the terms and conditions of any applicable Nondisclosure Agreement (or similar agreement) executed between the parties.
Section 15
15.1 You shall not:
(a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these Licence Terms:
(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the App or any other part of the Service, in any form or media or by any means; or
(ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce all or any part of the Service.
(b) access all or any part of the Service in order to build a product or service which competes with the Service; or
(c) use the Service to provide services to third parties; or
(d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service available to any third party, or
(e) attempt to obtain, or assist third parties in obtaining, access to the Service illegally or without permission; or
15.2 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Service and, in the event of any such unauthorised access or use, promptly notify Amico.
15.3 You must protect the Service in a manner consistent with Amico’s rights expressed in these Licence Terms. You may not reverse engineer, decompile, disassemble, translate, or adapt the Service, nor shall You attempt to create the source code from the object code of the Service unless explicitly permitted by applicable and mandatory law.
15.4 You have no right to transfer or assign the Licence granted by these Licence Terms or Your rights or obligations under these Licence Terms in whole or in part, and any attempted transfer or assignment shall be null and void.
15.5 You must at all times comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with Your use of the Service, including without limitation, those related to privacy, electronic communications, and anti-spam legislation.
15.6 You must not send any electronic communications from the Service that are unlawful, harassing, libellous, defamatory, or threatening.
Section 16
16.1 The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Amico.
16.2 Except as expressly permitted by these Licence Terms, no part of the Service may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means.
16.3 You must not license, rent, sell, lease, transfer, assign, distribute, display, host, outsource, disclose, or otherwise commercially exploit or make the Service available to any unauthorised user, including but not limited to, by “mirroring” or “framing” any part of the Service, or by creating Internet links to the Service which include log-in information, user names, passwords, and/or secure cookies.
16.4 You must not upload, post, reproduce or distribute any information, App or other material protected by copyright or any other intellectual property right (including but not limited to rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
16.5 You must not in any way express or imply that any opinions contained in Your electronic communications are endorsed by Amico.
16.6 Neither You, nor someone acting on Your behalf, may use the Service to target for solicitation any Amico customers for purposes of providing any competitive product. You shall ensure that any use of the Service by Your employees (or Your Authorised Users) is in accordance with these Licence Terms.
Section 17
17.1 You accept that:
(a) You use the Service at Your own risk;
(b) the Service (including all Content, Application and functions) are provided "as is", with all faults and defects and, subject to clause 16.3, without any warranty of any kind;
(c) Amico does not warrant that the Service will meet Your requirements;
(d) the Service will only operate in combination with a Device;
(e) the Service requires internet access and it must have or must obtain access to internet and software which provides access to and displays, web-based content;
(f) Amico does not warrant that operation of the Service will be uninterrupted or error free, or that the system that makes the Service available will be free of viruses or other harmful components.
17.2 You agree to indemnify, defend and hold Amico harmless from and against any and all claims, proceedings, damages, liability and costs for any claim against You by Your customers through the use of the Service licensed to You.
17.3 If these Licence Terms are subject to the operation of the provisions of the Competition and Consumer Act 2010 (Cth) (Aus), the Consumer Guarantees Act (NZ), a Fair Trading Act in the State or any comparable legislation of any other State or Territory, certain conditions and warranties will be implied into these Licence Terms and rights and remedies will be conferred upon You which cannot be excluded, restricted or modified by agreement (“the non-excludable terms”).
17.4 You acknowledge that with respect to any non-excludable terms, Amico’s liability is, where permitted, limited, at Amico’s option, to any one of the following:
(a) the supply (or the costs of supply) of equivalent Services;
(b) replacing, repairing, or paying the cost of replacing or repairing, any products supplied as part of the Services,
in respect of which the breach occurred.
17.5 Amico is not liable for default or failure in performance of its obligations pursuant to these Licence Terms resulting from an event of force majeure or any other cause beyond the reasonable control of Amico.
17.6 Under no circumstances shall Amico be liable for any indirect, consequential, incidental, special or punitive damages (including without limitation damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising from any breach or failure by Amico of its obligations under these Licence Terms even if Amico has been notified of the possibility of such damage arising.
17.7 Amico shall not be responsible for any loss or damage howsoever caused to Your property or any person, customer, employee or any third party as a result of any defect in the Services supplied as part of the Services, whether patent or latent, and You indemnifies Amico against any claims made against it by any third party arising out of any such defects.
17.8 Amico shall not be responsible for and makes no representation that any part of the Service, the or any other product or service supplied will be suitable for any particular purpose of (whether such purpose was made known to Amico or not), unless such representation was made by Amico to You in writing.
17.9 You are responsible for ensuring that any information which You input into the Service via the Application which forms part of the Loan Agreement or the Direct Debit Authority, or which You subsequently choose to upload or otherwise utilise as part of the Service at any time, is accurate and authorised by both the Borrower and the Lender.
17.10 Amico bears no responsibility for and disclaims all liability for any inaccuracies, errors, or omissions in the information and the Loan Agreement and any Diurect Debit Authority, however caused.
17.11 You acknowledge that You assume the risk absolutely of any loss to You of any of Your data stored within the Service or any damage occasioned to Your business as a result of Your use of the Application at any time whatsoever.
17.12 You assume all risks concerning the suitability and accuracy of the information within Your Content and publications.
17.13 Amico expressly disclaims all warranties of any kind, whether express or implied, including without limitation, title, security, accuracy, uninterrupted timely and error free service, errors in the Application will be corrected, service will meet user requirements, damages caused by any failure of performance, computer virus, communication failure and unauthorised access.
17.14 You agree the obligation to indemnify Amico and the exclusion liability contained in this clause 16 survive the termination of these Licence Terms.
Section 18
18.1 All title and copyrights in and to the Service, and any copies of the Service, are owned by Amico or its affiliates. All rights not expressly granted are reserved by Amico or its affiliates. In particular, these Licence Terms do not grant You any rights in connection with any trademarks or service marks of Amico or its affiliates.
18.2 You do not have any ownership rights in the Service. The Service and the Intellectual Property Rights associated with it are and will remain at all times the sole and exclusive property of Amico and its affiliates and You have no right, title or interest in or to the Service or the intellectual property associated with it nor any rights in the trademarks or service marks of Amico, all of which remain the exclusive property of Amico and its affiliates.
18.3 You acknowledge and agree that the intellectual property associated with the Service and the Documentation, and any other non-public information of a technical or commercial nature concerning Amico, the Service and the Documentation disclosed to You in connection with these Licence Terms constitute Amico's proprietary information and trade secrets, and You agree to hold such information in strict confidence.
18.4 Amico service marks, logos and product and service names are marks of Amico (the “Amico Marks”). You agree not to display or use the Amico Marks in any manner without Amico’s express prior written permission.
Section 19
19.1 A notice, request, consent or other communication to be given by a party under these Licence Terms must be in writing addressed in accordance with the particulars for that party shown on the front page of this document or to another address for a party as may be notified in writing by that party.
19.2 Amendments to these Licence Terms may only be made by the parties in writing with the consent of both parties.
19.3 Neither these Licence Terms nor any rights or obligations hereunder may be assigned or otherwise transferred by You without the prior written permission of Amico.
19.4 Amico may assign the benefit and burden of these Licence Terms to a party which is related to Amico without Your prior consent.
19.5 If any provision of these terms is void, voidable, unenforceable, or illegal in its terms, but would not be void, voidable, unenforceable or illegal if it were read down and, it is capable of being read down, or severed, then that provision will be read down or severed accordingly and the remainder of the terms will be of full force and effect.
19.6 The failure, delay or omission by a party to exercise a power or right conferred on that party by these terms will not operate as a waiver of that power or right. Any waiver of any part of these terms, or any consent to a departure by a party from a provision of these terms, is only effective if it is in writing and signed by all parties.
19.7 These Licence Terms may be amended by Amico in its discretion by providing thirty (30) days’ advance notice to You as either:
(a) as a note on the screen presented immediately after completion of the log in authentication credentials at the log in screen;, or
(b) by email to the registered email address provided for Your account as detailed above or as otherwise advised.
19.8 These Licence Terms will be governed by and construed in accordance with the law for the time being in force in the State and the parties, by entering into these Licence Terms, are deemed to have submitted to the non-exclusive jurisdiction of the courts of that state.
19.9 Amico is not a licensed Peer to Peer Lender, we do not facilitate the match making of peers
Contact Us
If you have any questions about these Licence Terms, You can contact Us:
● By visiting this page on our website: www.amico.com
● By sending us an email: information@amico.com