The myUDC Portal Terms and Conditions (“Portal Terms”) are a contract between you and UDC Finance Limited (“UDC”, “we”, “us”, “our”) governing your use of myUDC, UDC’s online customer portal (Portal).
By using the Portal, you agree to comply with all the terms and conditions in these Portal Terms.
1. Definitions
1.1 In these Portal Terms, unless the context otherwise requires:
"Copy" means to reproduce in any form, by any means.
"Modify" means to alter in any way by any means.
"Portal" means the myUDC customer portal https://my.udc.co.nz or such other address as UDC may advise from time to time.
2. GRANT OF PORTAL ACCESS
2.1 UDC grants you a non-exclusive and non-transferable right to access and use the Portal for the purposes of viewing your current loans with UDC, updating your address, requesting a settlement quote, and any other functionality which may be made available in the Portal in the future.
2.2 UDC reserves the right, at its sole discretion and without notice, to change, modify, add or remove:
(a) any portion of the Portal and / or
(b) these Portal Terms.
2.3 UDC makes no representations as to the fitness for purpose of the Portal or that the Portal is error free.
2.4 You acknowledge and agree that you will access and use the Portal for the sole purposes described in clause 2.1 above,
2.5 In addition to these Portal Terms governing access to the Portal, you acknowledge the disclaimers on UDC’s website terms of use.
2.6 UDC may revoke your right to access the Portal at any time, without prior notice.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 "UDC” and all logos related to UDC are trademarks of UDC.
3.2 All right, title and interest (including any and all intellectual property rights) in and attaching to the Portal and any content on it, and any new intellectual property rights relating to the Portal or any derivative of the Portal created now or in the future is the exclusive property of and vests automatically on creation in UDC and its licensors.
4. SECURITY
4.1 UDC will provide you with a personal customer number to register on and access the Portal. Except to the extent that your myUDC account is compromised by UDC’s wilful act or negligent omission, you are entirely and absolutely responsible for all activity which is performed using your login credentials and you will keep your login credentials secure and confidential. In particular, you will:
(a) not keep a written record of your password
(b) not disclose your password to any other person; and
(c) immediately change your password and advise UDC if you suspect someone knows your login credentials.
4.2 UDC may revoke your access to the Portal without notice:
(a) if UDC considers it necessary to maintain the integrity or security of the Portal;
(b) if you misuse your Password;
(c) if you breach these Portal Terms or
(d) in any other case, at UDC’s absolute discretion.
4.3 UDC may act on any request or other instruction that UDC receives and that UDC reasonably believes to be from you, without the need for further enquiry or verification, and UDC will have no liability to any person for doing so.
4.4 UDC may receive personal information from you in the course of you using this Portal. UDC’s use of this personal information will be governed by our Privacy Statement.
4.5 You are responsible for any damage you cause to the Portal. You should be aware it is unlawful to intentionally cause damage to the Portal or to any of our data through the knowing transmission of any program, information, code or command. You are responsible for ensuring that your own computer is secure and free of computer viruses, including taking reasonable steps to prevent someone misusing or obtaining unauthorised access to your computer system or to the Portal.
4.6 The content of the Portal may include links to third party internet materials. Any such links are provided to you as a convenience only and the inclusion of a link does not represent our endorsement of the linked site or any association with their operators. We do not investigate or monitor such linked sites or their material and accordingly we will not be responsible for any direct or indirect loss or damage suffered by you from accessing, using, or relying on those sites or material.
5. WARRANTIES BY UDC
5.1 UDC makes no express warranties under these Portal Terms.
5.2 You acknowledge and agree that where you access and/or use the Portal no data transmission over the internet can be guaranteed as totally secure. UDC does not warrant and cannot ensure the security of any information which you transmit to UDC via the Portal. Accordingly, any information which you transmit to UDC is transmitted at ’your own risk.
5.3 UDC does not warrant or guarantee:
(a) the accuracy, adequacy, quality, correctness, validity, completeness or suitability of any information available on the Portal for any purpose; or
(b) that the Portal and any services will be free of infection by viruses, worms, trojan horses or any other manifesting, contaminating or destructive properties.
6. EXCLUSION OF LIABILITY
6.1 UDC is not liable for any damage suffered (directly or indirectly) by you, arising in any way out of your use of the Portal or its malfunction (including, but not limited to, negligence by UDC or its employees, contractors or agents).
7. INDEMNITY
7.1 You indemnify and hold UDC harmless from and against all costs, claims, damages, losses, liabilities and expenses (including legal expenses on a solicitor and own client basis, all and any actual court costs, witness fees and expenses and all disbursements), arising directly or indirectly from the negligence, wilful act, omission, or breach of these Portal Terms by you.
8. ASSIGNMENT
8.1 You must not assign or subcontract your rights or obligations under these Portal Terms without UDC's prior written consent.
9. GENERAL
9.1 The rights of the parties under these Portal Terms are cumulative and not exclusive of any rights provided or implied by custom or law.
9.2 These Portal Terms are governed by New Zealand law and the courts of New Zealand shall have exclusive jurisdiction.
myUDC Portal Terms and Conditions - February 2022