Last Updated 14 December 2025

These End User Terms of Use (Terms of Use) govern your (you or your) access to and use of the debt-recovery communication platform (Platform) owned by iCollect Limited (a company incorporated in New Zealand with NZBN: 9429047702103 (we, us or our) and may be made available to you, or branded by, our authorised debt collection agency partner (Collection Agency).

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Acceptance of these Terms

By registering as a User, clicking “I agree” or using or accessing the Platform, you accept these Terms of Use. If you do not accept these Terms of Use, do not access or use the Platform.

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Definitions

In these Terms of Use, the following expressions have the meanings as set out below:

Account means an account created by you for access and use of the Platform;

Debt means debt owing to a User for which the User provides information to the Platform;

Debtor Data means data about a Debtor uploaded, inputted or provided by you into the Platform, including but not limited to Debtor names, contact details, debt amounts, payment history, and any other information relating to the Debt or Debtor.

Debtor or Debtors means a party or parties who owes a Debt to a User.

Personal User Data means User Data that identifies a living individual;

User means a registered Account holder.

User Data means all data submitted, uploaded or generated by the Platform through your Account in connection with your use of the Platform, and includes Personal User Data.

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How the Platform works

The Platform provides Users with automated communication tools to help streamline the process of collect Debts based on Debtor Data.

Content generated by the Platform is based solely on information provided by you, or with your permission, by the Collection Agency. We do not verify the accuracy, completeness or legal compliance of any communication sent via the Platform to Debtors. We do not verify Debtor Data, the existence of any Debt, or your authority to contact a Debtor.

All responsibility for debt-rated actions rests solely with you.

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We may make changes to the Platform, its functionality or features at any time.

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Your responsibilities

Subject to your compliance with these Terms of Use, you will have the limited, non-exclusive, revocable right to access and use the Platform for your internal business purposes in accordance with the subscription or usage plan selected by you.

By using the Platform, you confirm that:

any Debtor Data you upload is accurate, current and complete;
you have a lawful basis to collect, use and disclose Debtor Data, including for the purpose of contacting a Debtor;
each Debt is valid, overdue, lawful and undisputed (and you will load evidence of this to the Platform before sending any communications to the Debtor);
you are authorised to contact the Debtor;
you have attempted to contact the Debtor on at least one occasion after the Debt was due;
your use of the Platform complies with all laws that apply to you, including debt-collection, privacy, consumer protection and fair-trading laws;
it is your responsibility to maintain accurate records for all Debts loaded into the Platform, including, but not limited to, any amounts paid in relation to those Debts.

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If a Debtor disputes a Debt that has been loaded in the Platform, then you must promptly cease pursuing the Debt through the Platform, including selecting to pause all remaining communications against the Debtor while the Debt remains disputed.

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Debts, Debtors and Payments

Payments made by Debtors for Debts are not collected, handled or processed by us. We do not receive, hold, or transfer debtor payments. You acknowledge that:

all Debtor payments flow directly to you or your nominated payment recipient;
we do not receive, process, hold, or transmit Debtor payments;
we do not act as a money transmitter, remittance provider, or financial services provider; and
we are not responsible for errors, delays, failures or disputes relating to Debtor payments.

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Acceptable use of Platform

When using the Platform, you must not:

disable or interfere with any security-related features of the Platform
use a robot, spider, scraper or other unauthorised automated means to access the Platform or information featured on it for any purpose
hijack accounts of other Users
damage, interfere with, or harm the Platform, any network, or underlying system connected to such, or attempt to do so
use or access the Platform for the purpose of building a competitive product or service or for any other competitive purposes
host or transmit content that is or contains false, inaccurate, or intentionally deceptive information that is likely to cause harm to the public or adversely affect the public interest
misuse the Platform by interfering with its normal operation or attempting to access it using a method other than through the interfaces and instructions that we provide
store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Platform.

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You must not use the Platform:

for purposes other than your internal business purposes
for any offensive, unlawful, fraudulent, discriminatory, threatening, defamatory or harmful purposes or for any activity that violates the rights of others, including to organise or incite violence or harassment
for any phishing, trolling or similar activities
to defraud, scam, hack, swindle or deceive other users of the Platform
to collect contact information of other Users or to send any unsolicited communication to other users
to impersonate any other person or organisation
in any manner that infringes the intellectual property of any person or organisation, or
in any manner that deceives, misleads or attempts to deceive or mislead us.

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Account registration

To access the Platform, you must register an Account. Becoming a User is free. You may only register as a User if you can form a legally binding contract that is enforceable against you. You must be at least 18 years old. If you are another form of entity, such as a business or a trust, the person creating the Account must be legally permitted to enter into the relationship with us that these Terms of Use create.
We may, at our sole discretion, apply further conditions on some Users who are based outside of New Zealand or Australia.
When registering an Account, you must provide accurate, complete and current information. You warrant that all information submitted during registration or use of the Platform is true and not misleading.
You must keep your login credentials confidential and must not share access with any third party. You must not disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your Account that may allow them to gain access to your Account.
You are responsible for all activity conducted under your Account, whether authorised by you or not.
We may decline to register any Account or may suspend or terminate access if we believe your information is inaccurate, incomplete, misleading, or associated with unlawful conduct.
You must promptly update your Account information (such as name or contact details) to ensure it remains accurate and reflects your current circumstances.
You must not register as a User under multiple identities or personas (whether false or not) unless doing so is with our written permission and for the purposes of using the Platform for separate businesses.
Accounts are not transferable.
An Account may only have one owner and one billing entity. An Account may have multiple users, subject to any limitations specified in the applicable subscription plan or as otherwise determined by us from time to time. The Account owner can assign users different user levels which determine their permissions and access rights within the Platform. The Account owner remains responsible for all activities conducted by users within their Account, regardless of assigned user level.
In the event of termination of your Account, you must not open or attempt to open a new Account without our prior consent.

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Fees and payment

Our fees may be charged per Debt loaded or for a set number of Debts, or on such other basis as we may determine from time to time. All applicable fees will be displayed in the Platform or on our website, or as otherwise agreed directly between you and us in writing.
Unless stated otherwise, fees are exclusive of all taxes, levies, duties and similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction. You are responsible for paying any applicable taxes associated with your use of the Platform.
We may offer supplementary services from time to time, and their prices will be listed on the Platform.
Payment of fees is due in full and in advance, as detailed in the Platform or on our website.
All fees will be billed through our third-party payment processor. You authorise our payment processor to charge your nominated payment method for all applicable fees. You will be charged using the billing method you select when registering your Account. You will be directed to our payment provider’s website to complete payment. Their terms and conditions will also apply to your transaction, and if you pay by credit card you may be charged an additional fee. All billing information (including credit card details) is collected by our third-party payment processor, and we do not have access to any credit card information.
Should payment of any fees fail to occur for any reason, your Account will be suspended until full payment is received.
Except where required by law, no refunds will be given for any fees paid by you to access and use the Platform.
We may vary our fees at any time by giving you notice in writing or via the Platform.
Time is of the essence for all payment obligations. Any payment not made by the due date will accrue interest at the rate of 10% per annum (or the maximum rate permitted by applicable law, whichever is lower), calculated on a daily basis from the due date until payment in full, and payable on demand (in addition to any other rights and remedies available to us at law or under these Terms of Use).
You indemnify and hold us harmless against all loss, damage, liability, costs and expenses (including legal costs and debt collection costs) incurred or suffered by us as a result of your failure to pay any amount due under these Terms of Use.

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Intellectual Property Rights

Except for the rights granted to you under these Terms of Use, all rights, title and interest in and to all intellectual property and/or proprietary rights, title and interest in or related to the Platform (including the underlying software), including patents, inventions, copyrights, trademarks, domain names, trade secrets or know-how shall belong to and remain exclusively with us.
You own the rights to the Debtor Data that you provide to us. You grant us a royalty-free licence and right to use Debtor Data solely to provide, support, maintain, and improve the Platform. Data sourced from you ceases to be considered User Data once aggregated, anonymised, or otherwise substantially transformed by us where all personal identifiers are removed.
You may not, without our prior written permission, in any form or by any means:
- adapt, reproduce, copy, sell, distribute, print, display, perform, publish or create derivative works from any part of the Platform; or
- commercialise, copy, or on-sell any information, or items obtained from any part of the Platform.
If you submit any feedback or suggestions to us regarding our Platform, we may use and share them for any purpose without any compensation or obligation to you.

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Confidentiality, Privacy and Data Protection

All Personal User Data collected by us will be stored, used and shared in accordance with applicable privacy and data protection laws and our Privacy Policy, which is incorporated into these Terms of Use.
We will store User Data in a manner consistent with industry security standards. We have implemented appropriate technical, organisational, and administrative systems, policies, and procedures. However, no online system is entirely secure, and we cannot guarantee absolute security.
You must comply with all applicable privacy and data-protection laws, including obtaining a lawful basis to upload Personal User Data to the Platform.

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Termination of Account

We may suspend or terminate your access to and use of your Account and the Platform immediately on notice if:
- you breach any of these Terms of Use;
- you use, or attempt to use, any Account you are not permitted to use;
- we believe, at our sole discretion, that your use of the Platform impacts our goodwill, puts other Users at risk in any way or is detrimental to the operation of the Platform;
- we, at our sole discretion, deem your behaviour to be unacceptable;
- we are required to do so by applicable law;
- you become insolvent, make an assignment for the benefit of your creditors, are the subject of proceedings in voluntary or involuntary bankruptcy instituted on behalf of or against you which are not dismissed within sixty (60) days, or have a receiver, liquidator, statutory manager or trustee appointed for substantially all of your property.
- we discontinue operation of the Platform; or
- the Collection Agency no longer provides you with access to the Platform .
You may at any time close your Account by notifying us within the Platform. For any User paying by subscription, termination will take effect from the end of the billing cycle.
Following the termination of your Account either by you or by us, your access and use of the Platform shall cease.If your Account has been terminated due the Collection Agency no longer providing access to the Platform, we will contact you to facilitate a transition to another platform providing substantially similar functionality accessed through one of our other collection agency partners (Other Platform).
Following termination of your Account or a period of inactivity for over 12 months, we may delete all User Data.

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Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND WITHOUT LIMITING THIS CLAUSE, WE (AND OUR COLLECTION AGENCY) DISCLAIM AND EXCLUDES ALL IMPLIED CONDITIONS OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE WILL USE REASONABLE ENDEAVOURS TO ENSURE THE AVAILABILITY OF THE PLATFORM, SUBJECT TO ANY DOWNTIME REQUIRED FOR MAINTENANCE. HOWEVER, WE TAKE NO RESPONSIBILITY FOR ANY SYSTEM UNAVAILABILITY, OR FOR ANY LOSS THAT IS INCURRED AS A RESULT OF THE PLATFORM BEING UNAVAILABLE. FURTHERMORE, WE TAKE NO RESPONSIBILITY FOR THE CORRUPTION OF ANY DATA OR INFORMATION STORED IN THE PLATFORM. WE DO NOT WARRANT THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT ANY INFORMATION PROVIDED ON THE PLATFORM IS ERROR-FREE OR RELIABLE.
YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT:
OWN, ACQUIRE OR CLAIM ANY INTEREST IN ANY DEBT UPLOADED TO THE PLATFORM;
CONTACT, NEGOTIATE WITH, OR COMMUNICATE WITH ANY DEBTOR;
ACT AS YOUR AGENT IN RELATION TO THE DEBT;
PROVIDE DEBT COLLECTION SERVICES OF ANY KIND;
VERIFY THE VALIDITY, ENFORCEABILITY, CURRENCY OR LEGAL STATUS OF ANY DEBT;
REVIEW OR APPROVE ANY COMMUNICATION, TEMPLATE, NOTICE, LETTER OR MESSAGE CREATED THROUGH THE PLATFORM;
RECEIVE, HANDLE, HOLD OR ALLOCATE PAYMENTS FROM DEBTORS; OR
GUARANTEE OR ASSURE ANY DEBT RECOVERY OUTCOME.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE PLATFORM COMPLIES WITH ALL LAWS IN YOUR JURISDICTION. WE MAKE NO REPRESENTATION THAT THE PLATFORM IS COMPLIANT WITH ANY SPECIFIC COUNTRY’S LAWS.

Indemnity

You will indemnify, defend, and hold us, our officers, directors, employees, agents and Collection Agency harmless from and against any and all third-party claims, demands, actions, damages, losses, costs, liabilities, and expenses (including reasonable legal fees and costs) arising from or relating to:

your violation of any applicable laws or regulations in connection with use of the Platform;
any debt collection activities conducted by you;
your failure to comply with these Terms of Use;
any claims by Debtors or other third parties relating to your use of the Platform;
any content, data or communication you generate, upload or send using the Platform;
your dealings with any Debtor;

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This indemnity survives termination.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY AND THAT OF OUR COLLECTION AGENCYS, WILL BE LIMITED TO AN AMOUNT EQUAL TO 6 (SIX) MONTHS OF THE SUBSCRIPTION CHARGES PAID BY YOU FOR THE SERVICE(S) PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.

IN JURISDICTIONS WHICH DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

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Amendment to Terms

We may amend these Terms of Use at any time by posting the new terms in the Platform. We will notify you about significant changes in these Terms of Use by sending a notice to the email address registered in your Account, or by placing a prominent notice in the Platform. Your continued use of the Platform after the effective date of any change will constitute acceptance by you of such changes.

Governing law

These Terms will be governed by the laws of New Zealand, without regard to its conflict of laws principles. The parties submit to the non-exclusive jurisdiction of the New Zealand Courts in respect of any dispute relating to these Terms.

Notices and Communications

If we need to contact you or give you notice under these Terms, we may do so by email to the address provided in your Account or via a notification through the Platform. To give us notice under or in connection with these Terms you must email info@icollect.co.nz. Any emailed notice will be deemed received when sent by email (provided the email was correctly addressed to the addressee and no error message was received by the information systems used by the sender).

We may also send regular electronic newsletters to you promoting our Services. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

Miscellaneous Terms

Notwithstanding anything to the contrary contained elsewhere in these Terms, we will not be liable for unavailability of the Platform caused by circumstances beyond our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond our reasonable control, such as failure of public telecommunication systems.
If we do not exercise or enforce any right available to us under these Terms of Use, it does not constitute a waiver of those rights or our right to act with respect to subsequent or similar breaches.
If any provision of these Terms of Use becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining Terms of Use, which shall continue in full force and effect.
These Terms of Use supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitute the entire agreement between the parties relating to the subject matter of these Terms of Use.
These Terms and any rights or obligations hereunder may not be assigned by you without our prior written consent, whereas we can assign any of our rights and obligations hereunder without your prior written consent.
The Collection Agency is an intended third party beneficiary under certain of these Terms of Use and, subject to applicable law, the Collection Agency may enforce those provisions that expressly confer rights on the Collection Agency in its own right as if it were a party to these Terms of Use.

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