Terms and Privacy

The Terms of Use & Privacy for 2Shakes are outlined on this page. Below you can find:

• Terms of use for all 2Shakes users and account holders

• Terms of use for 2Shakes account holders

• 2Shakes’ privacy policy 

About 2Shakes

2Shakes provides its account holders with a digital platform to manage the sign up, AML/CFT due diligence, identity, authority and ongoing monitoring of their clients.  An account holder is able to securely log in to 2Shakes, where they can easily create agreements, onboard, get set up to act on behalf of their clients, and carry out AML Customer Due Diligence.

About these terms

Changes to these terms

We may change these terms from time to time, including as we change or update 2Shakes. We will publish these changes on the 2Shakes website, and (if you have a 2Shakes account) may also choose to notify you at the contact email address for your account. The changes will take effect 14 days after we publish them on the 2Shakes website, or any later date that we specify on the website. By continuing to use 2Shakes, you’ll be taken to have accepted the latest version of these terms, and it’s up to you to check for any changes. If you have a 2Shakes account and you’re not happy with changes to these terms, you can close your account at any time. In that case, if you ask us when you’re closing your account, we’ll refund you a fair and reasonable proportion of any 2Shakes package or subscription you’ve paid for in advance but were unable to use up before the changes took effect. We are not required to provide a refund where we have given at least 90 days’ notice of the change through the 2Shakes website. Also note that this refund does not include any amounts you’ve paid us to create custom features or integrations for you.

If you have a 2Shakes account and you’re not happy with changes to these terms, you can close your account at any time. In that case, if you ask us when you’re closing your account, we’ll refund you a fair and reasonable proportion of any 2Shakes package or subscription you’ve paid for in advance but were unable to use up before the changes took effect. We are not required to provide a refund where we have given at least 90 days’ notice of the change through the 2Shakes website. Also note that this refund does not include any amounts you’ve paid us to create custom features or integrations for you.

The following terms apply to all people who access the 2Shakes platform, referred to as 2Shakes Users. This includes 2Shakes account holders who are able to securely log in to 2Shakes as well as to the clients of account holders who access the platform through a secure web link sent to them by an account holder.

User Content

Where you upload any information or material to 2Shakes (referred to in these terms as User Content), you give us and our contractors and agents permission to store, copy, modify and distribute that User Content as required to operate 2Shakes and to supply 2Shakes services to you and/or your clients.

Where User Content is uploaded to a 2Shakes account, you promise that:

• the User Content does not infringe any third party intellectual property rights;

• we do not need to obtain any further license, right or permission from a third party to deal with the User Content as permitted above;

• the User Content complies with any applicable laws;

• where the User Content that relates or belongs to another person, you have obtained all necessary consents and authorisations from that person to use and upload that User Content.

Where an account holder uploads User Content that includes personal information about you, you acknowledge that although the information is stored in our systems, it is held by and under the control of the account holder. If you wish to exercise your rights to access that personal information under the Privacy Act 2020, please contact the account holder.

We may choose to delete or block User Content at any time, with or without giving any reason, where we consider it necessary to comply with law, or to protect ourselves or others from harm or loss. We may also disclose User Content to others where we reasonably consider it necessary to comply with law.

Interruptions and errors

Like any online service, we cannot guarantee that 2Shakes will be uninterrupted or error free. It is up to you to take any precautions necessary to ensure you do not incur losses or costs in the event that 2Shakes is affected by an interruption or error. We are not liable for any loss or corruption of data. Account holders must maintain their own backups of information such as client agreements, authorities and identity verifications stored in or created using 2Shakes.

We will use reasonable efforts to ensure that information provided through 2Shakes is accurate and up-to-date. To the extent permitted by law, we exclude all other express and implied warranties and representations about that information.

However, we do not review or control User Content, and are not responsible for its accuracy or completeness. You are solely responsible for and assume all risk associated with any use or reliance placed on User Content by you and any third parties.

Also, the 2Shakes website may identify particular content or functionality as being provided by a third party provider. Where this appears, we are only passing-on that content and functionality, and unless clearly stated otherwise, we are not responsible for its accuracy or completeness. You are solely responsible for and assume all risk associated with any use or reliance placed on that third party content and functionality by you and any third parties.

Intellectual property rights

We own or hold rights to use all intellectual property rights in 2Shakes, including all components of the website, and all content made available through 2Shakes from time to time, other than User Content. You may use 2Shakes as made available by us from time to time, subject to these terms. This does not give you any rights in the website, or any of its components or content, and you must not copy, modify, adapt, reproduce or republish any of them.

You retain all ownership rights in your User Content. Where you provide us with feedback or suggestions about 2Shakes, you promise us that this information is not confidential to you or any other person, and you agree that we can use it as we see fit, without any obligation to you.

Restrictions on using 2Shakes

You must not engage in any commercial exploitation of 2Shakes, although account holders may use 2Shakes in connection with the provision of professional services to clients. Unless we specifically agree otherwise in writing, you must not say or do anything that may lead others to believe that you are endorsed by or associated with us.

You must not use 2Shakes in a way that infringes intellectual property, defames someone, breaks the law, or violates the privacy or other rights of any person.

You must not use 2Shakes to:

• upload, transmit, or distribute any malware or spyware;

• interfere with or disrupt any servers or networks connected to 2Shakes;

• attempt to gain unauthorised access to 2Shakes or another person’s account;

• misrepresent yourself as another person or entity;

• misrepresent to any person or entity (including, in New Zealand: Inland Revenue, ACC or the Companies Office), the extent of any authority you have given to, or been given by, any other person; or

• do anything that would expose us to any liability or cause us to be in breach of any law or regulation of New Zealand or any other jurisdiction.

You must indemnify us

As far as permitted by law, and without limiting any other rights we may have under these terms or at law, you agree to indemnify us against all costs, losses, expenses and liabilities that we suffer or reasonably incur in connection with any third party claim made or brought against us, where the claim is wholly or partly attributable to your breach of these terms. However, you will not be liable to the extent that we have caused or contributed to such losses through our own negligence, breach of these terms or unlawful conduct.

If you are a 2Shakes account holder, then where we are required to give evidence or otherwise be involved in any proceedings relating to a dispute between you and one or more of your clients, you must pay our reasonable costs, except to the extent that we have caused or contributed to those costs through our own negligence, breach of these terms or unlawful conduct.

Limitations on our liability

As far as permitted by law, we are not responsible for any loss or damage that you may suffer in connection with your use of 2Shakes, except to the extent that we cause or contribute to the loss or damage through our breach of these terms or our unlawful conduct.

As far as permitted by law, we will not be liable to you for any loss of profits, opportunity, business or contract, any indirect or consequential loss, or any exemplary, incidental, special or punitive damages, arising from or in connection with 2Shakes or these terms.

To the extent that our liability cannot be excluded, our total liability for any loss or damage you suffer in connection with 2Shakes or these terms will not in any circumstance exceed the greater of: (i) the total amount you paid us in the 12 months before the events giving rise to your claim, less any liability we may have to you for other events arising during that 12 month period; or (ii) fifty New Zealand dollars (NZD$50).

The limitations and exclusions above apply to all liability (including for negligence), regardless of the legal basis of the claim.

Consumer Guarantees Act and Fair Trading Act (New Zealand)

To the extent that you are in trade, and are using 2Shakes’ service in trade, you agree that the Consumer Guarantees Act 1993 does not apply to the supply of these services. We do not provide any express guarantees in respect of the 2Shakes website or services, other than those expressly set out in these Terms of Use.

To the extent that you are in trade, and are using 2Shakes’ service in trade, you agree that: (i) in accepting these Terms of Use you have not relied on any representations or other conduct of ours, whether prior to accepting these Terms of Use or at any subsequent time; (ii) along with our privacy policy, as well as any additional terms we provide you, these terms are the entire agreement between you and us regarding your use of the 2Shakes website and services; and (iii) to the extent necessary to give effect to (i) and (ii) above, you agree to contract out of section 9, 12A, and 13 of the Fair Trading Act 1986.

The two paragraphs above will apply only if and to the extent that it is legally permitted to contract out of the Consumer Guarantees Act 1993 and Fair Trading Act 1986. In all other respects, your rights under those Acts remain unchanged.

Consumer law (Australia)

To the extent that you acquire 2Shakes’ services as a consumer in Australia within the meaning of Australian consumer law, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.

Nothing in these terms operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under Australian consumer law or any other statute, where to do so would (i) contravene that statute, or (ii) cause any term of these terms of use to be void.

Subject to the paragraph above, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on 2Shakes are expressly excluded under these terms.

Jurisdiction

Unless expressly stated otherwise on the 2Shakes website or in these terms, 2Shakes makes no representation or warranty that the 2Shakes website and services comply with the laws of any particular jurisdiction, and you are solely responsible for ensuring your own compliance with the laws that apply to you.

Governing law

These terms are governed by New Zealand law. You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to all disputes arising out of or in connection with these terms and/or the use of 2Shakes.

General

Our failure or delay in exercising or enforcing any right or provision of these terms will not operate as a waiver. A finding that any provision of these terms is invalid or unenforceable will not affect any other part of these terms. You cannot assign your rights under these terms to any third party, except with our prior written consent.

A 2Shakes account holder is able to securely log in to 2Shakes. They have either carried out an initial sign-up to 2Shakes, or accepted an invitation to create a login account and password by another account holder. Both these scenarios constitute Signing Up.

Signing up

To use 2Shakes for the purpose of easily getting set up to act on behalf of your clients, you must complete the sign-up process. If you are signing up in the name of an organisation, the individual completing the sign-up process personally undertakes that they have the authority to accept these terms on behalf of the organisation.

You promise that all information you provide will be true, accurate and correct and you agree to update us promptly if any of that information becomes outdated or is otherwise inaccurate or misleading. You must not use 2Shakes if you are an individual under the age of 18.

Using your account

You are responsible for protecting your passwords and other login information. You are responsible for any usage of your account using your login credentials. If you are an organisation, this includes your primary administrator account and any subsidiary accounts created for other users in your organisation. You must notify us immediately on becoming aware of any actual or suspected unauthorised use of your account.

Before using 2Shakes to seek authority to act on behalf of your client with New Zealand Government you must have verified the client’s identity and satisfied yourself of that person’s identity.

These terms allow 2Shakes to contact New Zealand’s Accident Compensation Corporation (ACC) to discuss and verify your details for authorisation purposes, such as legal name, trading name, ACC number and Inland Revenue number, but do not provide authority to change information held by ACC regarding your business.

Pricing and payment

Check out the 2Shakes website for pricing and payment details. You agree to pay for the packages and subscriptions you choose, in line with our published pricing and payment details. Unless stated otherwise, our pricing is in New Zealand dollars.

We may change our pricing and payment details from time to time. We will post a notice on the 2Shakes website at least 14 days before the change takes effect.

Changes to 2Shakes

We can modify, suspend or discontinue all or part of 2Shakes at any time, with or without notice. If you have paid for a package or subscription in advance, and we make a change of this kind that substantially deprives you of the benefits of the plan or subscription, we’ll refund you a fair and reasonable portion of the package or subscription. To be eligible for this refund, you must ask us within 90 days of the change. We are not required to provide a refund where we have given at least 90 days’ notice of the change through the 2Shakes website.

Closing your account

You can close your account at any time by following the instructions provided in the ‘Support Resources’ section of the 2Shakes website. Closing your account does not entitle you to any refund for unused packages or subscriptions, except where these terms specifically state otherwise.

We can close your account at any time, with or without a reason, by giving 14 days’ notice to the contact email address listed in your account. If we do this, and you ask us during the notice period for a refund, we’ll refund you a fair and reasonable proportion of any 2Shakes package or subscription you’ve paid for in advance but were unable to use up before your account was closed. We are not required to provide a refund where we have given at least 90 days’ notice of the change through the 2Shakes website.

We can close your account any time with or without giving you notice, if you breach these terms and we reasonably consider that the breach (alone or together with any past breaches) exposes us to a cost or risk of some kind, or may have a negative impact on us or our products, services or systems. If we do this, we’re not obliged to provide a refund.

If we close your account for any reason, and if you are or have been a Reporting Entity under the New Zealand Anti-Money Laundering/Countering the Financing of Terrorism Act 2009, we will continue to make available to you the Customer Due Diligence information you have stored in 2Shakes for the period required by the Act, currently 5 years. If providing this information results in 2Shakes incurring costs, you will be liable for our reasonable costs to make the information available to you.

Closure of your account will end the contract between you and us based on these terms. However, all the remaining provisions of these terms set out below will survive and continue indefinitely.

Publicity

To the extent that you are in trade, and are using 2Shakes’ service in trade, you agree that 2Shakes may disclose to third parties the fact that you have entered into this Agreement with 2Shakes, including in any marketing or other material used by 2Shakes (if applicable). We will promptly stop doing so upon your request sent to support@2Shakes.co.nz. You grant 2Shakes a royalty-free, non-exclusive license to use and display your logo on their respective websites or in their respective marketing materials for the purposes of this clause.

Last updated 19 January 2022

This privacy policy sets out how we (2Shakes Limited) will handle personal information we collect about you through the 2Shakes website. We can change this privacy policy at any time by publishing an updated version on the 2Shakes website or in our web application. 2Shakes are committed to respecting your privacy. In this privacy policy, “personal information” has the same meaning as in the Privacy Act 2020. In this privacy policy, “personal information” has the same meaning as in the Privacy Act 1993 and from 1 December 2020, with the Privacy Act 2020.

About 2Shakes

2Shakes provides its account holders with a digital sign up, authority and AML Customer Due Diligence web application, that allows professionals to easily get set up, complete AML/CFT customer due diligence and act on behalf of their clients.

If you’re an account holder who enters or uploads information about others to 2Shakes, you must comply with your privacy law obligations to them. If you are a client and have a query concerning information you have entered or that an account holder has entered or uploaded to 2Shakes, please contact the account holder in the first instance.

Sharing your personal information

We may provide your personal information to our employees, contractors, advisors, agents and third party service providers, where we believe this is appropriate to help us with any of the purposes outlined above. We will take reasonable steps to ensure that those recipients do not use that personal information for any other purpose.

We may also release personal information when we believe this is appropriate for legal compliance and law enforcement (including to government agencies with statutory law enforcement responsibilities), or to facilitate court proceedings, enforce or apply our Terms of Use, or protect our company, our users, or others. Without limiting the above, we may release personal information to Inland Revenue where requested by Inland Revenue in connection with an enquiry, audit or investigation by Inland Revenue relating to authority forms provided to Inland Revenue via 2Shakes.

We may also disclose information you have given us for the purposes of verifying it with third parties and third party databases for the purposes of fraud prevention or the Anti-Money Laundering and Countering Financing Terrorism Act 2009. In order to verify your information we may disclose it to a credit reporting agency, they may hold information on their credit reporting database and use it for providing credit reporting services and for any other lawful purpose and they may disclose information to their subscribers for the purpose of credit checking or debt collection or for any other lawful purpose.

We may also release information to third parties as instructed by you and in other ways permitted by the Privacy Act 2020. We may disclose information to the technology service providers our systems integrate with. These providers may operate globally and store information in countries outside of New Zealand. Identity information may be disclosed to identity verification systems like Centrix and OCR Labs who operate primarily in New Zealand and Australia. Our system integrates with Customer Relationship Management systems like Xero, Base, and Hubspot, who operate and store data outside of New Zealand. Our system integrates with billing, payment and Credit Card systems like Stripe who operate globally. When you provide your personal information to us, you consent to the disclosure of your information to these service providers outside of New Zealand in jurisdictions that may not give your information the same protection as provided within New Zealand. We will, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the New Zealand Privacy Principles.

How we store your personal information

We will store any personal information we collect from you in accordance with our obligations under the Privacy Act 2020. We will take reasonable steps to ensure the security of your personal information. Your personal information may be stored on servers owned by our computing infrastructure service provider (currently Microsoft), under an account that we control. The 2Shakes web application and the information it holds is held in cloud storage that is located in data centres in Australia (for georedundancy). We consider Australian Privacy Law to be similar in nature to New Zealand Privacy Law and provide similar safeguards. Personal information may also be passed to and stored on the servers controlled by providers of services that the account holder elects to use from within the 2Shakes web application. For example, where the account holder has elected to use biometric identity services, client data will be sent for verification using that service provider’s (OCR Labs) systems and held in the cloud storage used by that provider to operate that service.

We take reasonable physical, electronic, and procedural safeguards to protect your personal information against loss or unauthorized access, use, modification, or deletion. Among other things, 2Shakes provides for 2 factor authentication to provide additional security of access. We have an appointed Privacy Officer. We routinely review and monitor our systems to ensure compliance with security best practices and standards.

If private information we hold is accessed, disclosed, altered in an unauthorised way (a privacy breech) we will inform the 2Shakes account holder directly.  If the breach could lead to serious harm (for example financial fraud, unauthorised credit card transactions, or credit fraud) then we will comply with the Privacy Act 2020 and notify the privacy commissioner, as well as the account holder so that they can respond appropriately to the notifiable privacy breach. 

Right to access your information

You have rights under the Privacy Act 2020 to find out what personal information we hold about you, to get a copy of that information, and/or to request corrections to that information. If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take. If you would like to do any of these things or for further information about our privacy policy, please contact us at privacy@2shakes.co.nz.

Where we receive information about others from you

If you provide us with personal information about someone else (for example, if you are a professional practice providing us with information about your clients), you must ensure that you are authorised to disclose that information to us, so that, without us taking any further steps required by applicable data protection or privacy laws, we may collect, use and disclose such information for the purposes described in this privacy policy.

This means that you must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to obtain access to that information, our identity, and how to contact us. You also need to tell them how to find a copy of this Privacy Policy.

Cookies

We may use cookies when you are on the 2Shakes website. Cookies are small blocks of text stored on your device. They allow us to recognise you (or rather, your internet browser) as you move around our site, and if you return to our site later. Cookies cannot read your hard drive or command your computer to perform any action. Cookies may be used for security to help us identify you, to provide you with personalised features and for tracking traffic on our site. Any information we collect and share with third parties through cookies is aggregated and therefore anonymous (when shared with third parties, it does not include personal information which is likely to identify you).

You can prevent new cookies from being installed and delete existing cookies. The procedure depends on which browser you are using. For information on how to remove cookies check your internet browser. You may be unable to make full use of the 2Shakes website unless you accept cookies.

Analytics

To improve the 2Shakes website, our web application and our advertising, we may use patterns and other meaningful information gathered from website analytics tools. This may include the timing and frequency of your use of the 2Shakes website, your IP address, page requests, form requests, mouse click activity and other information that you voluntarily enter into the website.

In addition, 2Shakes may use third party cookies from Google Analytics or Microsoft Application Insights. These services give us insight into behavioural information relating to visitor age, gender and interests on an anonymous and aggregate level, and who has viewed our advertising on other websites. This helps us to understand browsing behaviour to give a better experience whilst visiting our website, and to optimise our advertising, including on and outside our website.

You can access the Privacy Policies of the services that 2Shakes integrates with from the list below:

• Google’s Privacy Policy here

• Microsoft’s Privacy Policy here

• NZ Inland Revenue (IR) Department Privacy Policy here

• Accident Compensation Corporation (ACC) Privacy Policy here

• NZ Companies Office Privacy Policy here

• OCR Labs Privacy Policy here

• Centrix Privacy Policy here

• Xero Privacy Policy here

• Hubspot Privacy Policy here

• Stripe Privacy Policy here

If you are unsure of any part of the process, or need further information, please either contact the organisation you are dealing with, contact us or email us at support@2shakes.co.nz, thank you.

Thanks very much,
The 2Shakes Team