Terms of Use

Tax Diary NZ Terms of Use Version 4.1 · Draft for NZ legal review · October 2026 1. Parties and Eligibility Tax Diary NZ ("we", "us", "our") provides the Tax Diary NZ mobile application, related website, user account systems, Community platforms, support channels, and data backup infrastructure (collectively, the "Service"). Before public release, the legal operator entity and its registered service address will be fully disclosed on this page. Contact inquiries may be directed to support@taxdiarynz.com. The Service is designed and intended exclusively for individuals and entities recording rideshare, courier, delivery, or comparable income and operational expenses arising from business or self-employment activities within New Zealand. By selecting "I Agree," clicking to install, or otherwise accessing the Service, you represent and warrant that you are utilizing the Service for the purposes of your own trade, business, or profession, or that you possess full legal authority to bind the business entity establishing the account, and you irrevocably agree to be bound by these Terms of Use ("Terms"). If you do not meet this description or do not agree to these Terms, you must immediately cease all access and use of the Service. A business-use declaration does not operate to remove statutory rights that cannot lawfully be contracted out of under New Zealand law. You must be at least 18 years of age to establish an account or utilize the Service. You agree to provide accurate, current, and complete information during the registration process and to maintain the currency of such data. You are solely responsible for safeguarding your authentication credentials, sign-in codes, and backup encryption keys, and you must notify us immediately upon suspecting any unauthorized access to or compromise of your account. Your account is non-transferable and must not be used to impersonate any third party. 2. Scope of Service and Financial Disclaimers The Service functions as a digital record-keeping tool to assist users in logging entries, organizing documents, and calculating financial figures based entirely on data input, imported, or explicitly approved by the user. Certain features may generate projections or forward-looking estimations of potential future financial results based on historical input data. Any such projection or calculation is a general, assumption-based planning tool. It does not constitute, and must not be relied upon as, a formal tax assessment, a filed tax return, an Inland Revenue Department ("IRD") statement, a guarantee of ultimate tax liability, or tailored tax, accounting, financial, or legal advice. The Service does not submit tax returns to the IRD or process tax payments on your behalf. Calculations generated by the Service may omit critical financial variables, including but not limited to unrecorded income, external expenses, tax credits, brought-forward losses, separate business entities, employment income, individual or family tax circumstances, prior provisional tax payments, unexpected tax rate changes, Goods and Services Tax ("GST") obligations, or provisional tax criteria. Financial-year projections depend heavily on future operational volumes and costs, which may vary materially from historical periods. Furthermore, IRD rules, statutory interpretations, and prescribed automobile kilometre rates are subject to change; rate metrics for future periods may not be finalized or published within the app. Any calculation or figure designated as an estimate, provisional, or unavailable must be treated strictly as such. Prior to filing any tax documentation, executing tax payments, claiming business deductions, adjusting provisional tax estimates, or relying on data exports generated by the Service, you must independently reconcile all original platform statements, banking records, physical receipts, and logbooks. You must verify transaction dates, gross and net values, platform fees, GST treatments, vehicle utilization metrics, and your elected tax claim methodology. You maintain exclusive control over, and responsibility for, your tax positions and all regulatory interactions with the IRD. You agree to notify us promptly at support@taxdiarynz.com if you suspect or identify any calculation error within the Service so that we may investigate and, where necessary, alert other potentially affected users. 3. Data Inputs, Optical Recognition, and Record Retention You assume sole responsibility for the structural accuracy, legality, and completeness of all data and information you input, upload, or approve within the Service. Optical character recognition ("OCR") and automated document scanning features (such as photo or screenshot text extraction) are subject to technical limitations and may misread decimal values, dates, GST details, platform fees, or transaction totals. You are strictly required to review and verify all automatically detected values before saving them. The compilation of an "accountant pack" or exported summary organizes records for administrative convenience only; it does not validate, audit, or certify the legal correctness, business deductibility, or complete accuracy of those records. The operational logbook within the mobile application is intended to support your internal digital tracking and does not substitute for any mandatory statutory logbooks or mileage records required by New Zealand tax legislation. You must maintain your own secondary copies of all original source documentation, evidentiary receipts, and business tax records for the full statutory periods prescribed by New Zealand law. While you should utilize available local and encrypted backup or export functionalities provided within the Service and routinely verify that data restoration pathways function properly, we cannot and do not guarantee uninterrupted server connectivity, absolute device compatibility, or the flawless recovery of every local database file. We will expend reasonable commercial efforts to investigate and remedy reported technical faults within our infrastructure. 4. Subscriptions, Trials, and Billing Configurations Access to full Service functionality is contingent upon maintaining an active, fully paid subscription, or possessing a valid, explicitly authorized trial or complimentary access period. Where an App Platform (such as Google Play or the Apple App Store) offers a specific free trial period to your user account, the platform-controlled checkout screen dictates the definitive dates, eligibility parameters, subscription pricing, and subsequent renewal terms. Payment processing, subscription provisioning, and initial trial eligibility are managed exclusively by the respective App Platform. Unless you actively cancel your subscription through the appropriate App Platform account subscription settings prior to the expiration of the stated trial period, your subscription will automatically convert into a paid recurring subscription and charge the payment method on file at the rate displayed during checkout. Uninstalling the mobile application from your physical device does not terminate or cancel your recurring subscription billing. Subscriptions, recurring billing, and refund determinations are governed strictly by the terms, operating procedures, and platform rules of the respective App Platform and applicable consumer law. An administrative suspension or blocking of your account due to suspected security breaches or policy abuse does not automatically terminate or cancel active App Platform billing; we will provide instructions on managing your subscription billing preferences in such circumstances. 5. External Data Feeds and Community Interactive Features Certain features within the Service—including local events data, flight information tracking, venue geographic locations, map tile rendering, and localized demand metrics—rely entirely on external data feeds provided by third parties. We make no representations or warranties regarding the continuous availability, temporal accuracy, completeness, or reliability of such external information. These features function as general operational signals and do not constitute a promise or guarantee of passenger demand, independent contractor earnings, flight operational movements, physical safety, or unrestricted venue access. You must exercise independent professional judgment, remain alert, and strictly adhere to all New Zealand traffic laws, safety protocols, and rideshare/delivery platform regulations at all times. To the extent that you engage with the "Driver Community" or any integrated interactive forum, you agree not to post, transmit, or distribute any content that is unlawful, defamatory, abusive, deceptive, fraudulent, or invasive of third-party privacy, or any material that infringes the intellectual property rights of others. We reserve the absolute right to monitor, modify, remove user content, or restrict forum access without prior notice where we deem it reasonably necessary for digital safety, regulatory compliance, or to enforce established Community guidelines. We will endeavor to provide a brief statement explaining the restriction and details for support inquiries, unless doing so would legally compromise a safety investigation or violate regulatory obligations. You retain all inherent intellectual property rights in your user content, but grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to host, store, cache, modify, and display your posts solely for the purpose of operating and delivering the Community features. 6. Privacy Compliance and Contractual Record Preservation Our processing of account data, support communications, Community interactions, subscription verifications, diagnostic telemetry, and data deletion requests is governed by our Privacy Policy, accessible at https://taxdiarynz.com/privacy.html. To establish definitive mutual proof of contract formation, we retain a secure, limited server-side log recording the specific version and cryptographic text hash of the Terms you accepted, your unique account identification token, and the exact timestamp and digital method of your acceptance. We do not require, nor do we collect or retain, your private IRD numbers or personal tax figures for the purpose of proving contract execution. Following a valid account deletion request, this specific contractual agreement record will ordinarily be purged or anonymized within 24 months, except where an active legal dispute, documented threat of litigation, or binding statutory record-keeping obligation requires a longer retention period. All data deletion requests are processed in strict compliance with applicable legislative parameters and legitimate dispute resolution frameworks. 7. Service Modifications, Suspensions, and Term Updates We reserve the right to deploy technical patches, modify app features, and update integrated tax-year calculations or rules to reflect shifting regulatory environments. Material modifications to these Terms will be presented directly to you for explicit re-acceptance within the Service interface before the updated Terms apply to your continued use. Continued use of the app without explicit interaction will not be recorded as a valid acceptance of new terms; an older acceptance record will remain permanently linked to the specific contractual text in force at that historical moment. We reserve the right to temporarily suspend or permanently terminate your access to the Service in the event of a severe security risk, suspected unlawful activity, or material non-payment of subscription fees, providing reasonable advanced notice whenever commercially and legally practicable. Material calculation faults or functional anomalies should be formally reported to support@taxdiarynz.com. We will investigate documented systematic calculation bugs and take reasonable operational steps to deploy corrections and notify affected user populations. 8. Allocation of Risk and Contractual Liability Limits Each party is legally responsible for the services they provide or the commitments they undertake under these Terms. We agree to utilize reasonable commercial care and skill to maintain the core functionality of the Service. You acknowledge and agree that you remain entirely responsible for the structural accuracy of your data entries, independent verification of all system calculations, and all ultimate business filing or tax payment decisions. Neither party will be held liable to the other for any financial or operational loss caused directly by the other party's provision of inaccurate data, system misuse, or material breach of contract, to the proportional extent that the loss was directly attributable to that specific party's action or omission. To the maximum extent permitted under New Zealand law, neither party shall be liable to the other for any indirect, consequential, special, punitive, or remote losses or damages that were not reasonably foreseeable by both parties at the time of entering into this subscription agreement. For any claims arising directly from our material breach of these Terms, contractual non-performance, or failure to exercise reasonable care in provisioning the Service, our total aggregate maximum contractual and tortious liability is strictly limited to the greater of: (a) NZ$500.00 (Five Hundred New Zealand Dollars); or (b) the total fees paid by you directly to us for the Service during the 12 (twelve) months immediately preceding the event giving rise to the claim. The liability limitations and financial caps set out in this Section 8 do not apply to losses arising from fraud, wilful misconduct, or any statutory liability that cannot lawfully be limited or excluded under applicable New Zealand legislation. This clause is explicitly intended by both parties to distribute operational risk equitably for a low-cost digital record-keeping solution. Nothing in these Terms shall operate to restrict, exclude, or modify any legal right, guarantee, or remedy that New Zealand law explicitly prohibits from being restricted, excluded, or modified. Where you are acquiring, or holding yourself out as acquiring, the Service for the explicit purposes of a business or trade, and both you and Tax Diary NZ are actively engaged "in trade" (as defined under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986), both parties explicitly acknowledge, represent, and agree that: • the Service is being supplied and acquired entirely in trade; • the provisions of the Consumer Guarantees Act 1993 do not apply to this supply contractual relationship; • the provisions of Sections 9, 12A, and 13 of the Fair Trading Act 1986 do not apply to any representations or conduct arising under these Terms; and • it is fair and reasonable that the parties are bound by this contracting-out provision in accordance with Section 43 of the Consumer Guarantees Act 1993 and Section 5D of the Fair Trading Act 1986. If these mandatory statutory conditions for contracting out are not fully satisfied in your specific jurisdiction or use-case, this exclusion clause shall have no legal effect, and the relevant statutory consumer protections will apply. 9. App Store and Google Play Platform Compliance If you downloaded, installed, or purchased the mobile application component of the Service via the Apple App Store or the Google Play Store (each referred to as an "App Platform"), you explicitly acknowledge and agree to the following mandatory platform terms: • Sole Contracting Parties: This legal agreement is concluded exclusively between you and Tax Diary NZ, and not with the operators of the App Platforms (including Apple Inc. and Google LLC). Tax Diary NZ, and not the App Platform, is solely responsible for the mobile application software and the content contained therein. • Scope of Usage Licence: The software licence granted to you under these Terms is strictly limited to a non-transferable, non-exclusive licence to utilize the mobile application on any compatible hardware products that you own or control, and as permitted by the Usage Rules or Terms of Service established by your respective App Platform. • Maintenance and Support Obligations: Tax Diary NZ is solely responsible for providing any necessary technical maintenance and software support services for the app as specified under these Terms or required by applicable law. You acknowledge that no App Platform has any obligation or responsibility whatsoever to furnish any maintenance or support services with respect to the app. • Warranty Framework and Refund Processing: In the event of any material failure of the application to conform to any applicable warranty, you may formally notify your App Platform operator. To the maximum extent permitted by applicable law, the App Platform operator will have no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility. • Product Claims and Legal Defense: Tax Diary NZ, and not the App Platform, is responsible for addressing any claims brought by you or any third party relating to the mobile application or your lawful possession and use thereof, including but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. • Intellectual Property Infringement: In the event of any third-party claim that the mobile application or your possession and use of that application infringes a third party’s intellectual property rights, Tax Diary NZ, and not the App Platform, will be solely responsible for the investigation, defence, settlement, and ultimate discharge of any such intellectual property infringement claim. • Legal and Trade Compliance Warranties: You represent, warrant, and covenant that: (i) you are not located in a country that is subject to a United States Government or New Zealand Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and (ii) you are not listed on any US Government or New Zealand Government list of prohibited, sanctioned, or restricted parties. • Third-Party Beneficiary Status: You acknowledge and agree that the App Platform operators (including Apple Inc. and Google LLC, and their respective subsidiaries) are explicit third-party beneficiaries of these Terms of Use. Upon your formal acceptance of these Terms, the relevant App Platform operator will have the right (and will be deemed to have accepted the right) to enforce the provisions of these Terms directly against you as a third-party beneficiary thereof. 10. Governing Law and Dispute Resolution These Terms, your contractual relationship with us, and your use of the Service shall be governed by, construed, and enforced in accordance with the laws of New Zealand. Both you and Tax Diary NZ explicitly and irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand to hear, determine, and resolve any legal disputes, lawsuits, or claims arising out of or in connection with this agreement or the operational features of the Service. 11. General and Boilerplate Provisions • Severability of Terms: If any provision or part-provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be severed from the contract. The invalidity or unenforceability of any specific clause shall not affect the validity, legality, and enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. • Entire Agreement: These Terms of Use, together with our explicitly integrated Privacy Policy, constitute the entire legal and operational agreement between you and Tax Diary NZ regarding your use of the Service. This agreement completely supersedes and replaces all prior or contemporaneous discussions, negotiations, representations, understandings, or draft agreements, whether oral or written, between the parties on this subject matter. • No Waiver of Rights: No failure or delay by either party to exercise any right, power, or remedy provided under these Terms or by law shall operate as a waiver of that right, power, or remedy, nor shall it prevent or restrict any further or future exercise of that or any other right, power, or remedy. • Assignment and Transfer: You may not transfer, delegate, assign, or sub-license your user account, or any of your rights and obligations established under these Terms, to any third party without our prior express written consent. We reserve the right to transfer, assign, or novate our rights and obligations under these Terms to another legal entity (for example, in connection with a corporate restructure, merger, or asset sale), provided that such transfer does not unfairly diminish or prejudice your explicit statutory rights under New Zealand law.