Finley App Terms and Conditions.

1. About these Terms

1.1These Finley App Terms and Conditions (Terms) govern your access to and use of the Finley mobile application (including for iOS and Android), the Finley website and online account portal, and any related features, content and services we make available in relation to our products from time to time (together, Finley, the Finley App or the Service). You may use Finley to apply for and/or accept a Finley credit account and/or a Finley payment card (which may be issued by us or a third party by arrangement with us, and which may be virtual, physical, or provisioned to a digital wallet linked to your Finley Account), for you to access credit, make purchases through your Finley Account or use any Finley Product under your Finley Account from time to time (Finley Card). If you are provided with a Finley Card, these Terms also apply to use of that card (in addition to any separate card terms to be agreed by you for the Finley Card), as further set out in clause 3. Where reasonably appropriate, reference to use of Finley, the Finley App or the Service also includes use of the Finley Card.

1.2Finley is provided by Pioneer Finance Limited, NZBN 9429038589492, a registered financial service provider (FSP2861) and licensed consumer credit provider, of 106/100 Parnell Road, Parnell, Auckland 1052 (Pioneer, we, us, our).

1.3By tapping “I agree”, downloading the Finley mobile application, creating a Finley account, accessing the online account portal or using any part of the Service, you agree to these Terms. If you do not agree, do not use Finley.

1.4We may make reasonable amendments to these Terms from time to time (acting reasonably) in accordance with clause 20 of these Terms. You can view the current version of the Terms at any time in the Finley App under Settings › Legal, and download a copy from www.finley.co.nz/terms.

1.5These Terms govern use of Finley, including availability, access, security, payments, privacy and operational features. They do not cover any credit terms but include general terms of use for a Finley Card and how Finley may be used for your Finley account and credit products. They are to be read together with:

(a)your Finley Master Customer Agreement (MCA), including relevant Disclosure Statements, which governs all credit provided through your Finley Account;

(b)our Privacy Statement available at www.finley.co.nz/privacy;

(c)our relevant website terms and conditions (governing use of our websites pioneerfinance.co.nz and finley.co.nz, as applicable to your use of the Service); and

(d)any relevant card terms separately agreed by you for use of a Finley Card.

Clause 3.2 explains how those documents work together.

1.6In these Terms, you and your mean the person who registers for and uses Finley.

2. Eligibility and registration

2.1To register for Finley you must:

(a)be at least 18 years old;

(b)be a New Zealand citizen, permanent resident, or hold a visa permitting you to reside in New Zealand for the term of any credit you take;

(c)have a current New Zealand residential address, an active New Zealand mobile number, and a New Zealand bank account in your own name;

(d)be registering for your own personal use and not on behalf of anyone else; and

(e)provide accurate, current and complete information.

2.2Identity verification (KYC/AML): Before we provide you with access to Finley, we are required by the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act) to verify your identity and address. You consent to us undertaking such verification in accordance with the AML/CFT Act and our Privacy Statement. This may include capturing an image of your identity document, a liveness or facial verification check, and electronic verification against third-party databases, as authorised by you or otherwise permitted by law, in accordance with our Privacy Statement.

2.3You also consent to us carrying out ongoing customer due diligence, sanctions and PEP screening, and transaction monitoring in accordance with the AML/CFT Act while you continue to use Finley.

3. What these Terms cover - and what they don't

3.1These Terms govern your access to, operation and use of the Finley App. They are not a credit contract and do not provide you with any credit or set out any credit terms. Downloading or using the Finley App does not provide you with any credit but you may use Finley to request credit from us (and if credit is approved by us, to manage your credit account). We will only provide credit through the Finley App if we separately agree to do so (at our discretion). If we agree to provide credit, the terms of that agreement, including your approved credit limit and other applicable credit terms, will be set out in separate credit documents provided to you through Finley after you complete the applicable credit application process. Those credit documents need to be separately accepted by you before any credit will be made available through Finley, as further set out below.

3.2If you are approved for a credit product through Finley, that credit arrangement is governed by your MCA, which includes the General Terms for Finley Credit and each Disclosure Statement for a Finley Product. These are separate credit documents we will provide to you and which you must accept before any credit will be available to you through Finley. The MCA sets out the credit-related terms of your Finley Account and Finley Products (as defined in the MCA), including your credit limit, interest, fees, payments, security, default rights, cancellation rights and hardship rights, and will prevail over these Terms and all other terms relevant to Finley to the extent of any inconsistency. Separate terms of use for the Finley Card (Finley Card Terms) may also be provided to you via the Finley App and must be accepted by you on or prior to your Finley Card being issued. If there is any inconsistency between any part of the MCA, these Terms or any other relevant documents relating to use of Finley or your Finley account, the documents will prevail in the order of priority set out below:

3.3Nothing in these Terms reduces any right you have that cannot be excluded under New Zealand law, including under the Credit Contracts and Consumer Finance Act 2003 (CCCFA), the Financial Markets Conduct Act 2013 (FMCA), the Fair Trading Act 1986 (FTA), the Consumer Guarantees Act 1993 (CGA), or the Privacy Act 2020 (Privacy Act).

4. Use of the Finley App for your Finley account and credit products

4.1Finley is a primarily digital service available through a mobile application, website, online account portal, and related features, content and services. It lets you apply for credit and (if approved by us) manage your credit arrangements with us, view Finley account statements, balances and other credit information, request available credit products and/or changes to your credit terms, switch how a purchase is paid by you with Finley credit, spend with your Finley card, transfer money to or from your Finley account, make or arrange credit repayments, manage other features of your Finley account, and communicate with us.

4.2Any request made through the Finley App is subject to approval under the MCA and is not accepted merely because it is submitted or displayed in the Finley App. Approval of any request is not guaranteed and is subject to our lending criteria and any conditions we consider appropriate. Being able to open or use the Finley App or complete an application for credit via the Finley App does not mean you will be approved for any request you make using the Finley App. Any credit information shown before approval is indicative only, is not binding and does not take effect until confirmed by both you and us. Before you confirm a request for a Finley Product or any change to an existing Finley Product, the Finley App will show the available option and provide or link to the applicable Disclosure Statement and any other relevant information required under the MCA or by law for you to accept.

4.3Information displayed in the Finley App at any time, including balances, available credit, payments, interest, fees and transactions, may not always be updated in real time. Your Statements and the MCA determine the amount owing and your payment obligations. Contact us promptly if you believe information shown in the Finley App is incorrect.

4.4Finley is available for personal, domestic or household purposes only as set out in these Terms and the MCA, and must not be used for business purposes, gambling, cryptocurrency purchases, or any unlawful or unauthorised purpose.

5. Finley App features and services

5.1Provision of the Finley App and related services: We will use reasonable care and skill in providing the Finley App and the related features, content and services made available through it. The features available to you may depend on your device, operating system, location, eligibility, the status of your Finley Account and Finley Products, and services provided by third parties. While we will endeavour to provide correct, accurate and reliable information through Finley, the information set out in Finley at any specific time, including balances, available credit, payment information, interest, fees, charges and transaction information, may not always be shown in real time. You should contact us promptly if you believe any information shown in Finley is incorrect.

5.2Third-party services: Some Finley features rely on third-party services, including app stores, device operating systems, telecommunications networks, banks, payment providers, card schemes, identity verification providers and other service providers. Their services may be subject to separate terms and may be changed, suspended or withdrawn by them. We are responsible for our selection and management of providers acting on our behalf, but we do not control, or guarantee the availability or performance of, services provided independently by third parties.

5.3Availability and interruptions: We do not guarantee that Finley or every component or feature of Finley will always be available, uninterrupted, secure or error-free. Access may be interrupted by maintenance, updates, technical faults, security incidents, third-party outages or events outside our reasonable control. We will take reasonable steps to minimise disruption, restore affected services and notify you of material planned interruptions where reasonably practicable.

5.4Updates and compatibility: We may release updates, patches or new versions of the Finley app or other parts of the Service to maintain security, fix faults, comply with law or improve or change the Service. You must install required updates within a reasonable time and use a supported device and operating system. If you do not, some features may not operate correctly or may no longer be available. We will give reasonable notice before ending support for a device or operating system where reasonably practicable. We may update, change, suspend, restrict or withdraw all or part of Finley features or use of the Finley Card at any time, including for maintenance, security, operational, legal or regulatory reasons. We are not required to provide Finley or the Finley Card continuously or without interruption.

5.5Information and outputs: Information displayed or generated by Finley may be based on information supplied by you or third parties and may be delayed, incomplete or subject to processing. Except for information that forms part of a Disclosure Statement under the CCCFA or other document that is binding under the MCA or applicable law, information displayed through Finley is provided for general account-management purposes only and does not constitute financial, legal, tax or other professional advice. You should check important information before relying on any such information and contact us if you identify an error.

5.6Warranties: To the maximum extent permitted by law, and subject to clause 3.3 and clause 21.1, we do not give any warranty or representation that Finley or any related services will be continuously available, free from all faults, vulnerabilities or harmful code, compatible with every device or third-party service, or suitable for every purpose you may have. All warranties, guarantees, conditions or representations (other than any guarantee, right or remedy under the CGA, FTA or any other law that cannot lawfully be excluded, restricted or modified) that are not expressly stated in these Terms are expressly excluded to the maximum extent permitted by law. To avoid doubt, nothing in this clause excludes, restricts or modifies any guarantee, right or remedy under the CGA, FTA or any other law that cannot lawfully be excluded, restricted or modified.

6. Using Finley to make payments (including through Finley Card)

6.1Finley Card issue: If approved by us, we may issue you a Finley Card, as a virtual card provisioned to a digital wallet, a physical card, or both. The Finley Card remains our property (or the property of the card issuer) at all times and must be promptly returned to us (or at our election destroyed) on request.

6.2Finley Card Terms: If we approve and issue you a Finley Card, use of that Finley Card is subject to these Terms and any separate Finley Card Terms provided to you, including any terms and conditions required by a card issuer such as Change Labs New Zealand Pty Ltd or Mastercard International Incorporated for use of a prepaid Mastercard®, as notified to you by us. Your permitted use of a Finley Card is subject to you agreeing to such terms of use. You must accept the Finley Card Terms before the Finley Card is issued or made available for use. The Finley Card Terms form part of the terms applying to your Finley account and are to be read together with these Terms and the MCA. The Finley Card Terms govern the specific terms of issue and use of the Finley Card, including card activation, permitted use, digital wallet provisioning, transaction authorisation, security, lost or stolen cards, disputed and unauthorised transactions, chargebacks, suspension, cancellation and any applicable card scheme requirements. If there is any inconsistency, the order of priority in clause 3.2 applies.

6.3Authorising transactions: You may authorise a transaction through Finley when you tap, insert or swipe your Finley Card as set out in the Finley Card Terms, enter your PIN or Finley Card details when required (as set out in the Finley Card Terms), authenticate the payment transaction with a passcode or biometric, or otherwise confirm a payment in the Finley App. Once authorised, a transaction made with Finley generally cannot be stopped. All transactions made using a Finley Card are subject to the Finley Card Terms and to be authorised in accordance with those terms.

6.4Available funds: Transactions will be declined if you do not have sufficient available credit or funds, if the merchant or transaction type is not supported, or if we have suspended your Finley account in accordance with these Terms or your MCA. To the maximum extent permitted by law, we are not liable for any loss arising from a declined transaction.

6.5Account-to-account (A2A) transfers: Finley may allow you to make an account-to-account payment initiated from the Finley App directly from or to a New Zealand bank account. Where you use the Finley App to transfer money to a New Zealand bank account, you are responsible for entering the correct account number or mobile number and other account details. Payments made to an incorrect account may not be recoverable. We will use reasonable efforts to help you recover a misdirected payment when reasonably requested by you but cannot guarantee recovery.

6.6Purchases, and refunds and disputes with merchants: You can use Finley for the purchase of Goods from any participating stores and sites authorised by us from time to time as permitted under the MCA. You must comply with any rules we set from time to time about use of Finley to purchase Goods (e.g. providing ID when making an in-store purchase). Participating stores and sites that accept payment through Finley are independent from us unless we expressly tell you otherwise. They are not authorised to act for us, change these Terms, or the terms of your MCA, or make any statement or representation on our behalf unless we have confirmed this in writing. If you have a problem or any issue with something you paid for through Finley, contact the merchant or relevant supplier first in relation to the issue. If the merchant or relevant supplier agrees to refund any amount through Finley, the refund from them will be credited to your Finley account when we receive it.

6.7Chargebacks: You may be able to dispute a card transaction through the card scheme chargeback process as set out in your Finley Card Terms. Contact us as soon as you become aware of the disputed transaction or issue. Chargeback rights are subject to card scheme rules and strict time limits as set out in the applicable Finley Card Terms.

7. Bank account information

7.1When you apply for or use Finley and any related products or services, we may ask you to provide bank statements or authorise an accredited requester to share your bank statements with us. If in connection with your application, we require your bank statements, you will be provided with specific information regarding the information requested and the period of access in accordance with our Privacy Statement.

8. Biometric information

8.1We may ask you to provide biometric information for you to use the Finley App, including as part of any credit application process and before we agree to provide you with any Finley credit products. If you provide us with any biometric information, we may use biometric processing as set out in our Privacy Statement.

9. Automated systems

9.1We may use automated systems, including machine learning and artificial intelligence models, in relation to providing the Service and to make decisions under your MCA, as we determine reasonably appropriate.

10. Rewards, cashback and promotions

10.1We may offer rewards, cashback, promotional rates or merchant-funded offers through Finley from time to time. Additional terms will be published with the offer and may form part of these Terms for as long as the offer is available to you.

10.2Rewards offered through Finley are earned on eligible transactions only in accordance with the relevant offer terms and your MCA (if applicable). They will not be earned on any transactions through Finley that are cash advances, funds transfers, fees, interest, or any transactions that are refunded or later reversed for any reason.

10.3Rewards offered through Finley have no cash value except as we specify, may be credited to your Finley account, and cannot be transferred or sold.

10.4We may vary, suspend or withdraw a rewards programme or promotion at any time on reasonable notice. Rewards already earned and credited to your Finley account will not be removed, except where earned in error or through misuse.

10.5Rewards not yet credited to your Finley account are forfeited if your Finley account is closed, suspended for misuse, or in default.

11. Keeping your Finley details secure

11.1You must:

(a)keep your passcode, PIN, password and security codes for the Finley App secret, and not record them anywhere they could be linked to the Finley App or your Finley Card or account;

(b)only register your own biometrics on a device you use for Finley - if anyone else's fingerprint or face is registered on that device, they may be able to access your Finley account and you will be responsible for that access and for anything done by them through Finley as if it were done by you;

(c)keep your device secured with a passcode or biometric lock, keep its operating system up to date, and not use Finley on a device that has been jailbroken, rooted or otherwise modified;

(d)not let anyone else use your account, card or device to access Finley; and

(e)keep your contact details current so we can reach you about security and other relevant matters regarding Finley.

11.2Tell us immediately if your card or device is lost or stolen, you think someone else knows your security details, or you notice a transaction you did not authorise. You can freeze your card instantly in the app, and you can contact us using our details set out in clause 19.

11.3Scams. We will never ask you for your password, PIN, one-time code or internet banking credentials by phone, text, email or in the app. If someone does, it is a scam - hang up and contact us on 0800 586 286 as soon as possible.

12. Unauthorised transactions

12.1If a transaction on your account was not authorised by you, tell us as soon as you become aware of it so we can investigate and take any action we consider reasonably appropriate in the circumstances.

12.2You are responsible for losses from unauthorised transactions where you:

(a)acted fraudulently;

(b)deliberately or recklessly disclosed your account or security details, or failed to take reasonable care to keep them secure;

(c)let someone else use your Finley Card, account or device; or

(d)unreasonably delayed telling us after becoming aware of the loss, theft or misuse; or

(e)failed to comply with any obligation under these Terms or the MCA in relation to such transaction.

12.3You must cooperate with our investigation, including providing a written statement and, where fraud is suspected, reporting the matter to New Zealand Police.

13. Communications and electronic disclosure

13.1You consent to receiving communications and notices from us electronically, including through the Finley App, while you have a Finley account. We may send these by in-app message, push notification, email or SMS.

13.2To the extent permitted by law, and subject to the MCA, an electronic communication is treated as received when we send it to the Finley App, email address or mobile number you have most recently given us. Keep those details current and check the Finley App regularly.

13.3You can withdraw your consent to electronic disclosure at any time by contacting us.

13.4You authorise us to send commercial, marketing and promotional communications to you through Finley (including with any statements or legal documents provided to you under these Terms or your MCA from time to time), about offers, services and products provided by us or which are otherwise available through Finley. You can turn off marketing messages at any time in the Finley App or via the unsubscribe link.

14. Availability, changes and support

14.1We aim to keep Finley available at all times but do not guarantee uninterrupted access. Finley may be unavailable during planned maintenance, or because of faults, third-party outages, or events outside our reasonable control.

14.2We will give reasonable notice of planned maintenance where we can, and we will tell you if an outage affects your ability to make a payment that is due. If an outage we are responsible for causes you to miss a payment, we will not charge you a default fee or report a default for that payment.

14.3We may add, change, suspend or remove features. If a change materially reduces a benefit you rely on, we will give you reasonable notice.

14.4You are responsible for your device, your internet or mobile data connection, and any costs your provider charges. Some features require a current operating system version, and we may stop supporting older versions on reasonable notice.

14.5Finley is intended for use in New Zealand only. Some features may not work overseas. You must not use it overseas without our prior written consent and must comply with local law wherever you use it.

15. Acceptable use

15.1You must not:

(a)use Finley for any unlawful purpose, or in connection with fraud, money laundering, terrorism financing, or the evasion of sanctions;

(b)give us false, misleading or incomplete information;

(c)use Finley on behalf of another person, or allow another person to use your account;

(d)attempt to access, interfere with, reverse engineer, decompile, scrape or disrupt Finley or any connected system, except to the extent this cannot lawfully be restricted;

(e)introduce malware or attempt to circumvent any security or authentication measure;

(f)use automated means to access Finley without our written consent; or

(g)use Finley in a way that damages our reputation or that of our partners.

15.2We may report suspected criminal activity to the Police, the Financial Intelligence Unit or other authorities.

16. Suspending, restricting and closing your account

16.1We may suspend or restrict your access to Finley, freeze your Finley Card, or block a transaction where we reasonably believe:

(a)there is a security risk, or your Finley account or Finley Card has been compromised;

(b)there is suspected fraud, scam activity or unauthorised use;

(c)you have breached these Terms or your MCA;

(d)we are required to do so by law, a regulator, a court order, or card scheme rules for your Finley Card; or

(e)continuing to provide the Service would expose us or you to unacceptable risk.

16.2We will tell you when we do this and why, as soon as we reasonably can, unless the law prevents us. We will not suspend your account for longer than the circumstances reasonably require.

16.3You can stop using Finley and close your Finley Account at any time in accordance with the MCA, and subject to paying all amounts owing and meeting all other requirements under the MCA. Closing access to or discontinuing use of the Finley App does not itself cancel your MCA or discharge any amount or other obligation owing by you under the MCA. All rights, interests and obligations under the MCA survive any termination or expiry of these Terms or you closing the Finley App and/or ceasing to use Finley.

16.4We may suspend or close access to the Finley App or Finley Card as set out in these Terms, any relevant Finley Card Terms or the MCA (as applicable). Any suspension or cancellation of your MCA or any Finley credit is governed by the MCA. Suspension, closure or discontinued use of the Finley App or Finley Card does not affect any rights, interests and obligations already arising under the MCA.

17. Intellectual property

17.1Finley, including the mobile app, underlying technology stack, Finley name, logo, brand assets, software, source and object code, algorithms, databases, designs, interfaces, documentation and content, and all intellectual property rights in them, is owned by Pioneer Finance Technology Limited (PFTL), us or our licensors. PFTL has licensed us to operate and manage Finley. Except for the limited licence expressly granted under clause 17.2, no right, title or interest in Finley or any related intellectual property is transferred to you under these Terms or by your access to and use of Finley.

17.2We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the Finley App on a device you own or control, solely to access your own Finley account and for the purposes set out in these Terms. That licence ends immediately when your account closes or these Terms are terminated.

17.3You must not copy, modify, distribute, sell, sublicense, or create derivative works from any part of Finley, or remove any proprietary notice.

17.4If you give us feedback or suggestions, we may use them without obligation or payment to you.

17.5Trade marks and branding. Finley and the Finley logo are trade marks of PFTL, and include registered trade marks. You must not use, reproduce, alter or display any Finley name, logo, trade mark, trade dress, domain name or other brand element without our prior written consent, except where it appears unaltered within the Finley App as necessary for your permitted use of the Service.

17.6No challenge or confusing use. You must not register, apply to register, use or assist another person to use or register any trade mark, business name, company name, domain name, social media handle, app name or other identifier that is identical or confusingly similar to Finley or any of our or PFTL's brands. You must not challenge, contest or impair the ownership, validity or enforceability of those rights.

17.7Goodwill. Any goodwill arising from an authorised use of the Finley name, logo or other brand assets accrues solely to PFTL or us. You acquire no ownership or other rights in that goodwill.

17.8Suspected infringement. You must promptly tell us if you become aware of any actual or suspected unauthorised use, copying or infringement of Finley or any related intellectual property. You must not take enforcement action or communicate with an alleged infringer on our or PFTL's behalf without our prior written consent.

17.9Your use of the Finley App may also be subject to the Apple App Store or Google Play Store terms. Those store operators are not parties to these Terms and have no responsibility for Finley or for providing support.

18. Privacy

18.1We collect, use, store and disclose your personal information in accordance with the Privacy Act 2020, the Biometric Processing Privacy Code 2025, and our Privacy Statement, available in the Finley app and at www.finley.co.nz/privacy. Please read it - it forms part of your agreement with us.

18.2We collect information you give us, transaction and device data, and where authorised by you or otherwise permitted by law, information from credit reporting agencies and accredited requesters under the Consumer Data Right framework, identity verification providers, merchants and our partners in accordance with our Privacy Statement.

18.3We generally use it to verify your identity, assess and manage credit, provide and improve the Service, detect fraud, meet our legal obligations, and - where you have agreed - to send you offers, and for any other authorised purposes in accordance with our Privacy Statement .

18.4You have the right to ask for a copy of the personal information we hold about you and to ask us to correct it in accordance with our Privacy Statement. Contact us using the details in clause 19.

19. Complaints and dispute resolution

19.1We have an internal complaints handling process. If something has gone wrong or if you have a concern, problem or complaint about any aspect of our service, tell us first so we can try to fix it. You can raise a complaint:

•in the app, under Help › Make a complaint;

•by phone on 0800 586 286, Monday to Friday 9:00am–5:00pm;

•by email to [email protected]; or

•by post to the Complaints Officer, Pioneer Finance Limited, PO Box 37084, Parnell, Auckland 1052.

19.2If we cannot agree how to fix it or you are not satisfied, you can ask for your complaint to be escalated to our senior management team, or refer it free of charge to our approved external dispute resolution scheme:

Financial Services Complaints Limited (FSCL) - A Financial Ombudsman Service

PO Box 5967, Wellington 6140 · Phone 0800 347 257 · www.fscl.org.nz

20. Changes to these Terms

20.1We may change these Terms from time to time as reasonably required by us, for example to reflect new features, changes in law, or changes to our services.

20.2We will give you at least 30 days written notice of any change that materially affects you, by in-app message, email or push notification.

20.3If you do not accept a change, you may close your account before it takes effect without charge. Continuing to use Finley after the change takes effect means you accept it.

20.4Any changes to the terms of the MCA or any other relevant documents referred to in clause 3.2 are governed by the terms of that document and not by this clause.

21. Liability

21.1Nothing in these Terms limits or excludes:

(a)your rights under the CGA or the FTA where those Acts apply and cannot lawfully be contracted out of;

(b)your rights under the CCCFA, the FMCA or the Privacy Act;

(c)our liability for fraud, or for death or personal injury caused by our negligence; or

(d)any other liability that cannot lawfully be limited or excluded.

21.2Subject to clause 21.1, we are not liable for:

(a)loss you suffer because of the acts or omissions of a merchant, your bank, a card scheme, an open banking provider, a telecommunications provider, or another third party;

(b)loss caused by an event outside our reasonable control;

(c)loss caused by your breach of these Terms, including failure to keep your security details or device secure; or

(d)indirect or consequential loss, or loss of profit, revenue, data, or business opportunity.

21.3Subject to clause 21.1, the maximum aggregate amount of our liability to you under or in connection with these Terms or the MCA or use of Finley or any Finley account, whether under contract, tort (including negligence), equity, statute or otherwise, will not exceed the amount paid by you to us under or in relation to these Terms and the MCA. We are not liable in any circumstance whatsoever, whether under contract, tort (including negligence), equity, statute or otherwise, for any indirect, special or consequential loss or damage or any loss of profits, revenue or business arising out of or in connection with these Terms or the MCA or use of Finley or any Finley account.

21.4You are responsible for any loss we suffer as a result of your fraud or your deliberate or reckless breach of these Terms.

22. General

22.1Governing law. These Terms are governed by New Zealand law and you and we submit to the non-exclusive jurisdiction of the New Zealand courts.

22.2Assignment. We may transfer or assign our rights and obligations, including as part of a securitisation or sale of our business, without your consent, provided your rights are not materially prejudiced. You may not transfer any of your rights or obligations under these Terms.

22.3Severability. If any part of these Terms is found to be invalid, unenforceable or illegal, that will not affect the validity, legality or enforceability of any other clause in this Terms. If any clause of these Terms is unenforceable because it is declared to be an unfair contract term under the FTA, then the relevant provision shall at our election not be severed but shall be deemed to be amended as we reasonably determine appropriate to prevent it from being an unfair contract term.

22.4No waiver. If we do not enforce a right immediately, we do not lose it. No failure or delay by us in insisting on the strict performance of these Terms or to exercise any right under these Terms will operate as a waiver of those matters. A waiver will not be effective unless it is in writing. A waiver of any breach will not be a waiver of any other breach.

22.5Entire agreement. These Terms, with the documents listed in clause 3.2, form the entire agreement between you and us about your use of Finley.

22.6Survival. Clauses 5, 12, 16.4, 17, 18, 19, 21 and 22 survive the termination or expiry of these Terms or use of the Finley App and closure of your account.