Terms and Conditions

1. Borrower Terms and Conditions

  1.  Terms and Conditions 

1.1 The website www.fundstar.nz (Site) is operated by Fundstar Finance Ltd (Fundstar), incorporating Fundstar Finance Ltd.

1.2 Fundstar is in the business of lending money for working capital purposes to small and medium enterprises that have an NZBN. If your business does not have an NZBN Fundstar is not permitted to lend to you.

1.3 Your access and use of the Site is conditional upon your acceptance and compliance with the terms, conditions, notices, policies, statements and disclaimers contained in this documents and elsewhere on the Site (collectively, the Terms).

1.4 Fundstar reserves the right to amend any part of the Terms at any time without prior notice. Your continued use of the Site after such changes constitutes your acceptance of the variations. You should visit this page periodically to review the Terms.

1.5 Your use of and/or continued access to the Site constitutes an agreement by you that you accept and agree to abide and be bound by the Terms as amended. If you object to any of the Terms or any amendments, your only recourse is to immediately discontinue your use of the Site, subject to the terms of any loan contracts you may have entered.

1.6 If you violate the Terms, Fundstar may immediately terminate your right to use and access the Site and the Services without further notice.

2. Use of Site

  • You must not use the Site in any manner or for any purpose that is unlawful, violates any right of Fundstar, prohibited by the Terms or potentially detrimental to the image or reputation of Fundstar. In particular, it is a condition of your use of and/or access to the Site that you do NOT do any of the following:
    • disrupt or interfere with in any way the Site or the Content;
    • disrupt or interfere with in any way any server, software, hardware or equipment
    • violate any applicable law, statute, ordinance or regulation;
    • distribute through the Site or via email addresses listed on this Site or is connected to or via this Site
      • inappropriate communication in any form, including obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive material; or
      • bypass any security mechanisms imposed by the Site.
  • Fundstar reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any use of the Site.
  • If you register for an account on the Site or enter a loan contract, you must:
    • provide accurate, current and complete information as required;
    • maintain the security of your login details and password; and
    • maintain and update as necessary any information provided.
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3. Related Policies, Statements, Agreements and Terms

  • Fundstar has developed a Privacy Policy that you should refer to in order to fully understand how we use and collect information. The Fundstar Privacy Policy applies to all users and is incorporated into the Terms by reference. You should read the Privacy Policy before using any other feature of the Site. You will be asked to confirm that you have read the Privacy Policy if you decide to create an account with Fundstar. Where Fundstar intends to use personal information for the purposes of eVerification or credit checking, you will be required to provide explicit consent before being able to progress with a loan application online. To access the Privacy Policy click here.
  • AML/CTF and eVerification – Fundstar adheres to the requirements of the anti-money laundering and counter-terrorist financing legislation and regulations in New Zealand, through its AML/CTF Program. Among other things, Fundstar uses eVerification as part of its client identification process. Users may choose not to use eVerification, in which case other procedures are available to complete the identification process.
  • Loan Contracts and Electronic Signatures – Where a loan contract is entered, a loan contract is agreed between you, the Borrower, and Fundstar, the Lender. The terms of the loan are set out in the Loan Agreement and made available to you on the Site before you decide to take the loan. Fundstar uses electronic signatures to execute loan contracts, and these are binding in all states of New Zealand under the relevant Electronic Transactions Acts and Regulations. By typing your name, and confirming the terms of the loan contract on the relevant screen, you (sole trader) or your company will be contractually bound by the terms of the loan contract.

4. Privacy

  • Fundstar may collect personal information about you from your use of the Site. Fundstar will handle any personal information it collects about you through your use of the Site in accordance with Fundstar’s Privacy Policy. To view Fundstar’s Privacy Policy, click here.
  • If you have consented to receiving marketing communications from Fundstar, Fundstar may, from time to time and in accordance with your communication preferences, send you marketing material that may be relevant to you (including material that may promote third party products and services).

5. Impact of Late Payments or Missed Payments on Your Account

  • If you have an account with Fundstar, we may report information about your account and your organisation’s account to credit bureaus. Late payments, missed payments, or other defaults on your loan account may be reflected in your or your organisation’s credit report.

6. User Rights to Intellectual Property

  • The content of the Site, including all information, data, text, graphics, images, sound files, software, advertisements and other material (Content), is and remains at all times the property of Fundstar and its licensors and is protected by New Zealand and international trademark and/or copyright law.
  • You must only use the Site and Content in accordance with the Terms. In particular, you must not:
    • download, republish, retransmit, reproduce or otherwise use any item of the Content as your own Content;
    • modify or otherwise make derivative works of the Site or the Content;
    • remove or modify any copyright, trademark, or other proprietary Content;
    • use any data mining, robots or similar data gathering or extraction methods; nor
    • use the Site or the Content other than for its intended purpose.
  • All names, logos and trademarks are the property of Fundstar or third parties who have contributed to the Site. Nothing on the Site should be construed as granting any licence or right to use any name, logo or trademark without the express prior permission of Fundstar or the relevant contributor.
  • The Site may contain links to other websites and may on occasion display content or information from other websites or sources (Third Party Content). Fundstar is not responsible or liable for any Third Party Content displayed on the Site, and does not warrant that such Third Party Content will be accurate, current or suitable for any purpose.

7. Warranty & Disclaimer

  • Due to the nature of electronic communication processes, Fundstar does not guarantee or warrant the Site will be uninterrupted, without delay, error-free or free of viruses. Therefore, the information is provided “as is” without warranties of any kind, express or implied, including accuracy, timeliness and completeness.
  • The use of the Site is entirely at your own risk. Changes are periodically made to the Site and the Content and may be made at any time, without notice to you.
  • Fundstar and its Personnel do not warrant that any defects will be corrected or that this Site and its servers are free of computer viruses and other harmful data, code, components or other material.
  • Fundstar is not responsible for any loss of data that may occur from your use of the Site.
  • To the extent permitted by law, Fundstar and its Personnel do not warrant that the components of the Services are fit for purpose.
  • It is your responsibility to satisfy yourself that the Site is suitable and fit for purpose prior to utilising the Site.

8. Limitation of Liability

  • To the fullest extent permitted by law:
    • Fundstar’s Personnel and any third parties mentioned on the Site are not liable for any loss or damage whatsoever (including without limitation, direct, indirect, incidental, special and/or consequential damages or lost profits) resulting from any use or access of, or any inability to use or access the Site or any Content;
    • Fundstar expressly excludes conditions and warranties implied by custom, law or statue; and
    • the liability of Fundstar for breach of any condition or warranty that cannot be excluded by law (other than a breach of the consumer guarantees under the the Competition and Consumer Act) is limited at the option of Moula to:
    • the amount of interest paid by the Borrower to Fundstar over the course of the current loan (if any); or
    • $100.

9. Indemnity

  • You indemnify Fundstar and their Personnel (Indemnified Persons) against:
    • all losses incurred by the Indemnified Persons;
    • all liabilities incurred by the Indemnified Persons; and
    • all costs actually payable by the Indemnified Persons to their own legal representatives (whether or not under a costs agreement) and other expenses incurred by the Indemnified Persons in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal); arising directly or indirectly as a result of or in connection with:
      • your use of or access to the Site;
      • your role as Borrower under a Loan Agreement (if applicable); and
      • any breach or violation of the Terms.

10. Availability

  • The information on this Site and the Terms have been prepared in accordance with New Zealand law, and are expressly for use by New Zealand-based users.
  • Although the Site may be accessed outside of New Zealand, Fundstar makes no representation or warranty that the content of the Site will comply with the laws of any other country. If you access or use the Site from outside New Zealand, you are solely responsible for ensuring that you comply with any local laws that apply in the country where you are accessing or using the Site.

11. Maintenance

  • Fundstar may cease making the Site or the loan facilities available at any time in order to perform any required maintenance or implement any upgrades.
  • Fundstar will endeavour to provide you with reasonable notice of any scheduled maintenance but may not be able to provide notice in all circumstances.

12. Termination or suspension of the Site

  • Fundstar reserves the right to terminate or suspend the operation of the Site (including in part) for any reason without notice and without liability.

13. Disclaimer

  • All Content is provided on an “as is” basis and Fundstar and its Personnel do not warrant or make any representations about the correctness, accuracy, timelines, completeness, reliability, quality or otherwise of the Content.

14. Governing Law

  • The Terms are governed by and construed in accordance with the laws of New Zealand and its States and Territories (as applicable), and you unconditionally submit to the non-exclusive jurisdiction of the courts of Auckland.
  • If any provision of the Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.

2. Wholesale Investor Terms and Conditions

Who is a wholesale investor?

The term “wholesale investor” is defined in the Financial Markets Conduct Act 2013 (the Act). People sometimes refer to wholesale investors as "eligible investors" or "accredited investors". Please see the Act for original wording and more information.

If you meet the criteria for one or more of the categories below, you are considered to be a wholesale investor:

  1. You're an "eligible investor" because you have sufficient knowledge and experience dealing in financial products that enables you to assess the merits and risks of the transaction. Eligible investors are required to certify that they are an eligible investor by completing the Eligible Investor Certificate NZ and having it certified by an independent lawyer, accountant, or financial advisor (unless you meet one of the other criteria below). 
  2. Your net assets, combined with the assets of entities you control, exceeded $5 million for the 2 most recent financial years, or the total turnover of you and the entities you control exceeded $5 million for the 2 most recent financial years. 
  3. You own, or at some time during the last 2 years have owned, a portfolio of "financial products" of a value of at least $1 million. Financial products include debt securities, equity securities, managed investment products, and derivatives. 
  4. You have, during the last 2 years, carried out 1 or more transactions to acquire "financial products" where the amount payable under those transactions (in aggregate) is at least $1 million and the other parties to the transactions were not associated with you.
  5. Your principal business is investing in financial products.
  6. Your principal business is providing a financial adviser service in relation to financial products. 
  7. Your principal business is providing a broking service in relation to financial products. 
  8. You're in the business of trading in financial products on behalf of other people. 
  9. Within the last 10 years you've been employed in an investment business and, for at least 2 years during that 10 year period, you participated in the investment decisions made by that investment business.
  10. You're a Qualifying Financial Entity or an authorised financial adviser in New Zealand.
  11. You're investing $750,000 or more into the company. 

Feel free to contact Alan Zhu at alan@fundstar.nz or 021 638 665 if you would like to discuss these criteria further. We can assist by recommending certifiers for the eligible investor certificates, and can provide a guide explaining the criteria in greater depth.