Terms and
Conditions

Important things you need to know

As of October 2021

  • You need to nominate a New Zealand bank account in your name for all BUCK payments. BUCK does not hold any funds.
  • When you use BUCK to send a payment, you authorise BUCK as your agent to initiate the payment from your nominated account to another user's account.
  • The current transaction limits are $500 per payment and $1,000 per day.
  • You cannot use BUCK to send payments to people overseas.
  • You must make sure your use of BUCK does not breach your online banking terms and you must take care to prevent unauthorised access. BUCK’s liability for things done by you or any third party is limited.
  • BUCK is for use by individuals and not for companies, trusts or otherwise acting on behalf of someone else.

BUCK Terms and Conditions

  1. 1. Who's involved and what terms apply?

  2. 1.1
    BUCK is provided to you by the BUCK team, which is part of Red Bird Ventures Limited (FSP number 1001129) (we, us, our) and your use of BUCK is subject to these BUCK Terms and Conditions (Terms).
  3. 1.2
    A reference to you or your in these Terms is a reference to the customer who has downloaded and registered with BUCK and is using BUCK.
  4. 1.3
    You must not use BUCK if you do not agree to all of these Terms.
  5. 1.4
    Your use of BUCK may be subject to separate agreements with your bank (in respect of your nominated bank account for payments), your mobile device operating system provider (e.g. Apple, Google, Microsoft), your mobile device manufacturer (e.g. Apple, Samsung), your mobile service carrier (e.g. Spark, Vodafone) or any other parties involved in providing your relevant banking and mobile services. We have no responsibility for the products and services provided by these third parties and you must comply with all applicable third party terms when using BUCK. These third parties have no express or implied obligations under these Terms (including obligations to provide access, maintenance or support services for BUCK). You must ensure that your use of BUCK, including linking your nominated bank account to BUCK and using BUCK to initiate payments, does not breach any agreements between you and your bank (such as online banking terms).
  6. 2. What's needed to register with and use BUCK?

  7. 2.1
    1. In order to register with and use BUCK you must:
    2. (a) agree to these Terms;
    3. (b) have a compatible internet-enabled mobile device (iOS or Android) to which you have downloaded BUCK;
    4. (c) have internet access;
    5. (d) have a valid New Zealand mobile number and email address;
    6. (e) be an account holder at an approved registered bank in New Zealand (see condition 2.9 below);
    7. (f) be an individual who is at least 15 years of age and resident in New Zealand;
    8. (g) meet any other eligibility criteria that apply in relation to BUCK (as advised by us); and
    9. (h) complete our customer identity verification and on-boarding requirements (for instance by providing identity, security and/or other information that we reasonably request).
  8. 2.2
    We are under no obligation to accept your registration with BUCK, and we may place conditions on your registration or delay or decline to process any transaction, for legal or security purposes. You agree to provide all information to us that we require (at any time) to manage our anti-money-laundering obligations or comply with any other applicable laws.
  9. 2.3
    By registering with and using BUCK, you represent and warrant that you are eligible to do so, and that all information you provide in connection with your registration and use of BUCK is and will be accurate and complete in all material respects. You also represent that you are not acting as a trustee or agent for, or otherwise on behalf of, another person.
  10. 2.4
    To register with BUCK you may also be required to choose a unique Bucktag and a password, PIN number and/or other identifier. We may reject any Bucktag, password, PIN number and/or other identifier if we reasonably consider it to be inappropriate, offensive, insecure, misleading or otherwise unacceptable.
  11. 2.5
    Your Bucktag, email address and mobile number will be searchable by other registered users of BUCK. Personal profile information, such as your Bucktag, your name and profile picture, may also be shared with other registered users who interact with you through BUCK (as well as information about any transaction between you and that registered user), but your security details and nominated bank account details are not visible or searchable for other registered users.
  12. 2.6
    You can change or reset your details after registration as permitted by the relevant functionality in BUCK. You must keep your details up-to-date with us. For security purposes, we may limit your ability to change or reset certain details.
  13. 2.7
    We may allow you to use biometric (e.g. fingerprint) identification information stored on your device to access BUCK from your device (for instance, instead of a PIN or password). Any person whose biometric identification information is stored on your device may then be able to access your BUCK user account and will be able to authorise us to carry out any transaction initiated through your account (see condition 2.8 below). Accordingly, you must ensure that only your biometric identification information is stored on the device if you wish to use biometric identification information to access BUCK. Biometric identification technology on your device is provided by your mobile device provider and not by us, so we are not responsible for the availability or functionality of the technology.
  14. 2.8
    We may require you to use your biometric identification information, PIN, password and/or other details or for the purposes of authorising particular transactions through BUCK. For certain transactions, we may require you to complete additional security measures (for instance, using an activation/verification code). You authorise us to carry out any transactions initiated using the required information or measures. We are under no obligation to take any further steps to verify that you have authorised the instructions or transactions.
  15. 2.9
    As part of the registration process you will need to nominate a bank account for making and receiving payments. All payments initiated through BUCK in respect of which you are the payer or recipient will be made into and out of this account. You can change this account at any time to another nominated bank account (subject to providing all information that we require for that purpose), but you cannot have more than one nominated bank account connected to BUCK. Your nominated bank account must be with a supported registered bank in New Zealand. It must be either an account in your sole name or an account that you hold jointly with another person provided that you can give instructions in relation to that account acting alone. The current supported banks are ASB Bank Limited, ANZ Bank New Zealand Limited, Kiwibank Limited, Westpac New Zealand Limited, Heartland Bank Limited, the Co-operative Bank Limited and TSB Bank Limited. This list of supported banks may be amended by us at any time in our discretion. You must update the details of your nominated bank account as necessary to maintain a current nominated bank account with us at all times.
  16. 2.10
    Registration with BUCK does not create a separate bank account with us and no funds will be held by us or on our behalf. Any amounts sent or received by you while using BUCK will be paid into or out of your nominated bank account.
  17. 2.11
  18. You must only use BUCK for personal non-commercial purposes. You must not use BUCK:
    1. (a) to make or request a payment when you have no legitimate reason for doing so;
    2. (b) to contact people you do not know;
    3. (c) to purchase or sell goods or services; or
    4. (d) for any other inappropriate, objectionable or unlawful purpose.
  19. 2.12
    We may offer or provide you with additional features and functionality within BUCK, and we may ask you to install updates and upgrades to BUCK. Unless we specify otherwise, these Terms will apply to any such features, functionality, updates or upgrades.
  • 3. How do person-to-person payments work?

  • 3.1
    Payments initiated using BUCK can only be made or received (in New Zealand dollars) to or from another registered user of BUCK. Payments can only be made in New Zealand and limited overseas destinations while you are on holiday. Current overseas destinations are Australia, Canada and the USA.
  • 3.2
    1. Payments can be made and received through BUCK as follows:
    2. (a) A registered user can initiate a payment from his or her nominated bank account by selecting another registered user as the recipient of the payment and inputting the payment amount. The paying registered user authorises us as agent to initiate payment of the inputted amount from his or her nominated bank account to the selected recipient registered user's nominated bank account.
    3. (b) A registered user can request a payment (for an amount owed) to his or her nominated bank account by selecting another registered user as the payer and inputting the requested payment amount. By accepting the payment request, the paying registered user authorises us as agent to initiate payment of the requested amount from his or her nominated bank account to the requesting registered user's nominated bank account. A request for payment can be declined by the registered user receiving the request, and each user has the option of blocking payment requests from specific individuals.
    4. (c) A registered user can request a split payment (for an amount owed) from multiple payers to his or her nominated bank account by selecting a group of other registered users as payers and inputting the requested amount for each other registered user to pay from their nominated bank accounts. Each recipient of the request will be able to see the amounts requested from the other recipients and whether they have responded to the payment request. By accepting a split request, the paying registered user authorises us as agent to initiate payment of the requested amount from his or her nominated bank account to the requesting registered user's nominated bank account. A split request can be declined by any registered user receiving the request (or a registered user may ignore a request), and each user has the option of blocking payment requests from specific individuals.
  • 3.3
    By initiating a payment through BUCK you are authorising your bank (through us as your agent) to debit your nominated account with the amount of the payment and to transfer that amount to the nominated account of the registered user you have selected as the recipient. You must have sufficient available funds in your nominated bank account to cover the amount of the payment in order to ensure that the payment can be completed and to avoid being charged any overdraft, dishonour or other fees as imposed by your bank.
  • 3.4
    We may, at our discretion, impose limits on the amount of each payment that any registered user may initiate or receive through BUCK, the aggregate amount of payments that any registered user may initiate or receive through BUCK in a particular period of time and/or the number of transactions that a registered user may conduct through BUCK. The current limits are $500 per payment and $1,000 total payments per day. These limits may be amended by us at any time in our discretion. Your bank may also impose limits on the operation of your nominated bank account.
  • 3.5
    Once a transaction is authorised in BUCK it is irrevocable and may not be able to be reversed or recovered. You must ensure that the amount and recipient of each payment or request is correct before it is authorised. However, we may delay or decline to process any transaction for legal or security purposes (including due to anti-money-laundering requirements, the need for further investigation into account activity, or as required by the Police).
  • 3.6
    Any payment initiated through BUCK will be processed in accordance with the standard process and timelines for internet banking initiated electronic transactions. Transactions may be delayed or declined by a user's bank (and we are not responsible for the actions or inactions of users' banks).
  • 3.7
    Payments initiated through BUCK will appear on the payer's and the recipient's bank statements in the same manner and within the same timeline as an internet banking transaction. Your bank statement information will include a reference to BUCK so that you can identify BUCK-initiated payment transactions.
  • 3.8
    You will also be able to access transaction history information within BUCK, and (if you have enabled push notifications) we may use BUCK to send you push notifications about payment transactions initiated through BUCK.
  • 4. How does messaging work in BUCK?

  • 4.1
    1. Your use of the messaging functionality in BUCK is subject to these Terms in all respects, including the following conditions:
    2. (a) You must not send unwarranted, harassing, abusive or insulting messages or otherwise use BUCK in an inappropriate way.
    3. (b) You must not use BUCK to request payment for amounts that are not owed to you.
    4. (c) If you send a message or image or other content through BUCK, you must ensure that these are appropriate, do not contain any personal information or security details and that the recipient is willing to receive them and you have all rights to share the content, including any images.
  • 4.2
    We are not responsible for the content of any messages you may receive in, or in connection with your use of, BUCK from third parties.
  • 5. What fees apply?

  • 5.1
    We do not currently impose any fees or other charges for the use of BUCK. However, your bank's usual account fees and charges may apply to payments made using BUCK. You may also be charged fees by your mobile service provider for any data used when downloading, updating or using BUCK.
  • 6. What are users' security obligations?

  • 6.1
    1. You must exercise every possible care to ensure the safety of your device and the security of BUCK and take all reasonable care to prevent loss, theft, unauthorised or fraudulent use, interference or damage in relation to BUCK. That includes:
    2. (a) not enabling biometric identification information access if anyone else's biometric identification information is stored on your device (otherwise those people will be able to authorise transactions using your BUCK account - see conditions 2.7 and 2.8 above for more information);
    3. (b) choosing a PIN, password and other security details that meet our security criteria and cannot be easily guessed, and keeping your PIN, password and other security details secure and secret at all times;
    4. (c) not allowing anyone else to use your device without your authority;
    5. (d) locking your device when it is not in use;
    6. (e) re-authenticating yourself on a periodic basis as required by us;
    7. (f) not clicking suspicious or insecure website links or downloading unknown software as it could be a scam;
    8. (g) not accessing BUCK in any unauthorised manner, including by using any robot, spider, scraper, deep link or other similar automated data gathering or extraction tool, program, algorithm or methodology to access, copy or monitor BUCK;
    9. (h) ensuring that only software approved by the relevant operating system provider (i.e. Apple or Google) is installed on your device, and that all updates to that approved software are installed or applied;
    10. (i) not conducting or allowing “jailbreaking” or "rooting" of any device (i.e. removing software restrictions imposed by the operating system proprietor); and
    11. (j) not interfering with or damaging BUCK (or any software or equipment belonging to us or any other person) nor use BUCK in any unauthorised manner, including by introducing any virus, worm, Trojan horse or other contaminating or destructive feature, or using BUCK in a way that imposes an unreasonable or disproportionately large load on BUCK.
  • 6.2
    1. You must contact us as soon as you become aware or suspect that:
    2. (a) your device has been lost or stolen;
    3. (b) someone other than you has accessed, or is capable of accessing, your device using biometric identification information (see conditions 2.7 and 2.8 above for why it is important that only you can access your device using biometric identification information);
    4. (c) your password, PIN or other security details have become known to anyone else (in which case you must also change those details immediately);
    5. (d) payment transactions have occurred through BUCK from your nominated bank account that you did not authorise;
    6. (e) you have received an incorrect or unexpected payment through BUCK; or
    7. (f) any other event has occurred that could compromise or indicate unauthorised use of BUCK. If you contact us as soon as you can as required by this condition 6.2, we will be liable to you for any unauthorised transactions that occur through BUCK after that notification (subject to condition 7 below).
  • 7. Who is responsible for unauthorised transactions and other issues?

  • 7.1
    Nothing in these terms and conditions is intended to limit or exclude any liability that cannot by law be limited or excluded. In particular, you may have rights under the Consumer Guarantees Act 1993 that cannot be excluded. To the extent permitted by law, our liability for breaching any non-excludable guarantees or conditions is limited to the statutory remedy we are required to provide for breach of the relevant guarantee or condition. You can find more information about your rights under the Consumer Guarantees Act 1993 at the Ministry of Business, Innovation and Employment's website (https://www.consumerprotection.govt.nz/general-help/consumer-laws/consumer-guarantees-act/) and the Commerce Commission's website (https://comcom.govt.nz/consumers/your-rights-as-a-consumer).
  • 7.2
    1. You should regularly check the record of your transactions and messages made through BUCK, including by checking the transactions shown on your nominated bank account statement. If you identify a mistake or an unexpected or unauthorised transaction, or if you see anything that you’re not sure about, you should contact:
    2. (a) your bank as soon as possible (and in any case as required by your nominated bank account terms and conditions); and
    3. (b) us as required by condition 6.2.
  • 7.3
    If you believe that your nominated bank account has been charged in error, you may be able to get a refund of the transaction from your bank. You should see your nominated bank account terms and conditions for details. In some cases, to claim a refund, you will need to report your concerns immediately or within a certain time period.
  • 7.4
    You must provide all reasonable cooperation to us and any other relevant person to ensure the repayment or refund of any money you have received in error as a result of a payment initiated through BUCK.
  • 7.5
    1. Subject to applicable law, we will not be liable for any direct or indirect losses caused (or contributed to) by:
    2. (a) us acting in accordance with these Terms or any other applicable terms and conditions;
    3. (b) you, or anyone acting on your behalf, providing us with incorrect information;
    4. (c) user error by you or anyone acting on your behalf;
    5. (d) unauthorised access to BUCK by you or anyone acting on your behalf (unless you have contacted us as soon as you can as required by condition 6.2 to advise us of the unauthorised access, in which case we will be liable to you for any unauthorised transactions that occur through BUCK after that notification, subject to the remainder of this condition 7);
    6. (e) your failure to contact us as soon as you can as required by condition 6.2;
    7. (f) any other failure by you to comply with these Terms (including condition 6.1) or any other applicable terms and conditions (including third party terms and conditions);
    8. (g) fraud, negligence or dishonest conduct by you or anyone acting on your behalf;
    9. (h) the actions or inactions of third parties including those described in condition 1.4 and other registered users;
    10. (i) any other circumstances beyond our control, including any fault or failure of equipment or systems that support BUCK, or the blocking of BUCK transactions or BUCK's ability to initiate payments by your bank or another person's bank or any other person; or
    11. (j) your use of or inability to access BUCK or any mobile or internet service at any time.
  • 7.6
    We accept no responsibility for and make no representations or warranties as to the reliability, accuracy, currency or completeness of the information we receive from your bank about your account or any statement we make about the estimated arrival time of funds.
  • 7.7
    You may be liable for some or all of any loss we suffer (or any other person suffers) if you or anyone acting on your behalf acts fraudulently, negligently, dishonestly or in default of these Terms or any other applicable terms and conditions.
  • 7.8
    Subject to condition 7.1, we do not make any warranty (either express or implied) that the use and operation of BUCK will be without disruption, interruption or error, nor that BUCK is able to be downloaded or updated on any device or will not impair the functionality of any device.
  • 7.9
    Subject to condition 7.1, our maximum liability to you, whether in contract, equity, statute or tort (including negligence), will be limited in aggregate to the then-current daily transaction limit or, if required by law, resupply of the services or the cost of having the services supplied again.
  • 8. Can access to BUCK be suspended, blocked, restricted or terminated?

  • 8.1
    1. We can suspend, block, restrict or terminate your access to or use of BUCK immediately at any time in the following circumstances:
    2. (a) if we reasonably consider it necessary to protect the security of BUCK or your BUCK user account, including if we believe there is a risk of unauthorised or fraudulent activity on your BUCK user account;
    3. (b) if you are, or we reasonably suspect you are, in breach of these Terms or otherwise using BUCK in a manner that we reasonably deem inappropriate such as sending abusive, harassing, threatening or coercive messages;
    4. (c) if directed to do so by the bank that provides your nominated bank account;
    5. (d) if we suspend, modify or withdraw the operation of BUCK;
    6. (e) if access to BUCK is interrupted, for example to enable routine maintenance and administration work, because of malfunction of equipment or unavailability of internet connection; or
    7. (f) if we are required to do so by law or other regulatory requirement (including anti-money-laundering obligations).
  • 8.2
    We may also terminate your access to or use of BUCK for any other reason by giving you at least 30 days' notice.
  • 8.3
    You can stop using and interacting with BUCK, or delete BUCK from your device, at any time. You can also delete your BUCK user account at any time within BUCK. When you delete the BUCK app, you also terminate BUCK’s ability to access your nominated bank account as your agent.
  • 8.4
    If we suspend, block, restrict or terminate your access to or use of BUCK, or if you delete your BUCK user account, the licence granted to you under these Terms will immediately terminate.
  • 8.5
    Should any of these things occur, you acknowledge that your personal settings and other saved data may be lost, and that we are not liable to you for any such loss. However, subject to applicable law, we may retain all information that has been collected about you through your use of BUCK, including any personal information.
  • 9. What is BUCK's Privacy Statement?

  • 9.1
    Our Privacy Statement explains how we collect, use, disclose and store the personal information you provide or we otherwise access in connection with your use of BUCK.
  • 10. What changes can be made to these Terms?

  • 10.1
    We can change these Terms at any time by giving you 14 days’ prior notice by a pop-up notice within BUCK, and/or other electronic communication.
  • 10.2
    If you continue to use BUCK after the expiry of any notice period, you will be deemed to have accepted any change to these Terms. If you do not accept any changes to these Terms, you must stop using BUCK, delete your BUCK user account within BUCK, and delete BUCK from your device.
  • 11. Can these Terms be assigned or transferred?

  • 11.1
    You may not assign or transfer any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent (not to be unreasonably withheld).
  • 11.2
    Subject to applicable law, we may assign or transfer any of our rights and/or obligations under these Terms (in whole or in part) to any other person (without your further consent or notice) and you agree to do all things necessary or convenient to give effect to such assignment or transfer. We may also subcontract any obligations under these Terms. Additionally, where, under these Terms, you appoint us as your agent to initiate payment from your nominated bank account, we may (on your behalf) appoint additional persons as your agent for the purposes of facilitating the payment initiation (such as service providers we use to enable data exchanges between BUCK and your nominated bank).
  • 12. What methods can be used to contact BUCK?

    1. (a) send us an email to hello@getbuck.co.nz;
    2. (b) direct message us via Facebook or Instagram;
    3. (c) chat with us from within the app, accessible from the profile section; or
    4. (d) in writing to Red Bird Ventures Limited, c/o Westpac, 16 Takutai Square, Britomart 1010.
  • 13. Is there a complaints process?

  • 13.1
    You can let us know about any concern or problem by contacting us using the methods described above. We will respond within five working days from when you contact us, to resolve the problem or let you know how we will deal with it.
  • 13.2
    1. We are a member of the Financial Services Complaints Ltd approved dispute resolution scheme. If you are unhappy with how we have dealt with any concern or problem, you may want to contact this scheme by:
    2. (a) email on complaints@fscl.org.nz;
    3. (b) phone on 0800 347 257; or
    4. (c) in writing to PO Box 5967, Wellington 6140.
  • 14. What else do users need to know?

  • 14.1
    We grant you a limited, non-exclusive, non-transferable, revocable licence to use BUCK, provided that you only use BUCK in accordance with these Terms.
  • 14.2
    All right, title and interest in and to BUCK or any improvements or variations, including copyright and other intellectual property rights as well as all de-identified uploaded information, belong to us and/or our licensors. Except as expressly set out in these Terms, you do not have any right, title or interest in or to BUCK.
  • 14.3
    BUCK is a trade mark and the BUCK logo is a registered trade mark of Red Bird Ventures Limited. Nothing in these Terms or otherwise should be construed as granting any right to use any trade mark appearing within or in relation to BUCK without our express written permission.
  • 14.4
    You must not copy, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, re-post to other web sites, frame, deep link to, change, or otherwise distribute, license, sub-license or transfer in any form any aspect of BUCK without our prior written consent.
  • 14.5
    To the extent any intellectual property rights subsist in anything you upload to, or process using, BUCK, you grant us a perpetual, irrevocable, non-exclusive, sub-licensable licence to copy, modify, use and reproduce that material for the purposes for which you provided it and otherwise to provide BUCK and related functionality to you. You warrant that you have the right to grant this licence in respect of material you upload or process using BUCK.
  • 14.6
    We, and not your operating system provider, are responsible for the content of BUCK. If your use of BUCK is challenged as a result of a claim relating to an infringement of third party intellectual property rights, you must immediately notify us and allow us to defend and settle any such claim on your behalf. We may, at our discretion, modify or replace BUCK to the extent necessary to avoid or minimise this challenge. You acknowledge that your operating system provider will not be responsible for any such claim.
  • 14.7
    If you are using BUCK on a device that uses Apple’s operating system, you agree and acknowledge that the terms we (as a developer) are required to include in this agreement as specified at https://www.apple.com/legal/internet-services/itunes/dev/minterms/ are incorporated by reference and you (as the 'End User') must comply with the terms we are required to include in this agreement.
  • 14.8
    Apple and App Store are trade marks of Apple Inc. and may be registered in the US and other countries. Android is a trade mark of Google Inc., use of which is subject to Google Permissions.
  • 14.9
    A waiver of any provision of these Terms is effective only if given in writing, and then only to the extent that it is expressly stated to be given. A failure or delay in exercising any power or right does not operate as a waiver of that power or right. A single exercise or partial exercise of any power or right does not preclude further exercises of that power or right or the exercise of any other power or right.
  • 14.10
    If any part of these Terms is held to be unenforceable, that will not affect the enforceability of the remaining parts of these Terms.
  • 14.11
    1. In these Terms:
    2. (a) a reference to a person includes a natural person, company, corporation, trust, partnership, organisation, society, joint venture or governmental agency, in each case whether or not having a separate legal personality, and any successors and assigns;
    3. (b) references to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;
    4. (c) references to a document or agreement include that document or agreement as amended, supplemented or replaced from time to time; and
    5. (d) references to 'including', 'for instance', 'for example' and equivalent terms are without limitation.
  • 14.12
    These Terms are governed by New Zealand law and the courts of New Zealand will have non-exclusive jurisdiction.
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