Terms and Conditions

Last Updated on 19 October 2023

Please read these Terms carefully before accessing and using our website or app. By using the Platform you agree to follow and be bound by these Terms. If you do not agree to all of these Terms, you must not use the Platform.

These Terms may be varied by us at any time. Unless otherwise stated, amendments to these terms will be effective upon us notifying you of the changes by email, or by posting the changes on the Platform. You must ensure that you have read, understood and agree to the terms in these Terms. You agree that your continued use of the Platform represents your agreement to be bound by the most recent terms.


Effective from 19th October 2023

By downloading and creating an account on VC Online, you are agreeing to these terms of use, and the privacy policy available at www.vincentcapital.co.nz/privacy.  Please read these carefully. If you do not agree to these terms of use, you must stop using VC Online and delete the VC Online off of all of your devices.

In these terms of use, reference to “Vincent Capital”, “us”, “we”, or “our” means Vincent Capital Limited (NZBN: 9429046317537) and Vincent Securities Limited (NZBN: 9429049296556).

About VC Online

VC Online is an iOS and Android mobile application and website created by Vincent Capital to enable you to:

  • apply for finance and loans from Vincent Capital;
  • track and monitor progress on the status of your finance and loan applications;
  • monitor your Vincent Capital account balances;
  • upload User Content in support of your finance and loan applications to be viewed by Vincent Capital staff;
  • communicate with your Vincent Capital lending manager;
  • complete Vincent Capital’s CDD requirements.

We may, at our sole discretion, modify, suspend or discontinue all or part of VC Online at any time, with or without notice to you. 

Vincent Capital is under no obligation to supply any services to you or otherwise do business with you.

About these terms of use

We may, from time to time, update or change these terms of use (including in response to any changes made to VC Online). Updates or changes to these terms of use will be notified to you by:

  • in-app notifications; and
  • being published on our website.

Notwithstanding the methods of notice above, any update or change to the terms of use will come into effect 14 days after they are published on our website, or at such later date as stated in the update or change. By continuing to use VC Online after this date, you will be deemed to have accepted the latest version of the terms of use [and it is up to you to check for any changes]. If you do not agree with any update or change, you must stop using VC Online and delete VC Online off of all of your devices.

The Schedule to these terms of use forms part of the terms of use.

Your account

To use VC Online, you must first create an account. By creating an account, you are expressly agreeing to be bound by these terms of use. 

As an ongoing requirement of accessing your VC Online account, you agree that you will:

  • keep all passwords related to your VC Online account confidential and secure;
  • notify us immediately on becoming aware of any actual or suspected unauthorised use of your VC Online account;
  • be fully responsible for all activities taken through your account.

If you are creating an account on behalf of an organisation, including on behalf of yourself and other individuals jointly (the Underlying Client), you personally warrant to us that you have obtained the necessary consent of the Underlying Client to create the VC Online account before doing so.

You must not create a VC Online account and/or use VC Online if you are under 18 years of age.

Closing your account

We reserve the right to close and terminate your VC Online account:

  • on 14 days’notice to you for any reason; or
  • immediately and with or without notice if we determine that you are in breach of these terms of use.

You can close your VC Online account by following the instructions within VC Online under “Account Settings”.

On the closing of your VC Online account, for any reason:

these terms of use will cease to apply to you, however, the following clauses will survive and continue indefinitely:

  • clause 5, restrictions on use;
  • clause 8, intellectual property;
  • clause 11, privacy;
  • clause 12, Consumer Guarantees Act and Fair Trading Act;
  • clause 13, indemnities and limitation of liability;
  • clause 14, general.
  • any personal information (as defined in our privacy policy) held on VC Online will be destroyed in accordance with our privacy policy.

Our authority to act

Where you (either on your behalf or on behalf of an Underlying Client), via VC Online, request the provision of Services from us, you accept and acknowledge that our authority to process that requestcomes from the transmission of that request, and:

  • your use of your VC Online password; or
  • the fingerprint, face or other biometric identification linked to your device, and
  • provided the above is satisfied, we are entitled to act on that request, and are under no obligation to conduct any further investigation.

Notwithstanding clause 5.1, we may (at our sole discretion):

  • require further information from you before acting on any request or instruction; or
  • delay acting on any request or instruction.

Where you request the provision of services on behalf of an Underlying Client, you warrant to us that you have the actual authority of the Underlying Client for every request for Services transmitted via VC Online.

Restrictions on use

You must not engage in any commercial exploitation of VC Online. 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.

Where you have created a VC Online account on behalf of an Underlying Client, you must not request the provision of Services from us without the express authority and consent of the Underlying Client. Each time you request Services on behalf of an Underlying Client, you warrant to us that you have the Underlying Client’s authority and consent to make that request.

You must not use VC Online in a way that:

  • breaches the terms as set out in these terms of use;
  • infringes the intellectual property rights of any person;
  • defames anyone;
  • harasses anyone, including the use of obscene or abusive language;
  • breaks the law in any country; or
  • violates the privacy or other rights of any person.

You must not use VC Online to:

  • upload, transmit, or distribute any malware or spyware;
  • interfere with or disrupt any servers or networks connected to Vincent Capital;
  • attempt to gain unauthorised access to any of Vincent Capital’s servers or networks, or another person’s VC Online account; 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.

Third party services

VC Online may contain links to third party websites which are not operated by us, but by our Third Party Service Providers. We are not responsible for (and do not have control over) the content hosted, and services provided, by our Third Party Service Providers.

By accessing our Third Party Service Providers’ services, you may be required to agree to the Third Party Service Providers’ terms of service. We encourage you to review the Third Party Service Providers’ privacy policy.

As at the date of these terms of use, the following Third Party Services are being linked to within the Vincent Capital App:

Green ID, for CDD services.

Intellectual property

We own and hold rights to use all intellectual property rights in VC Online, including all components of the app, and all content made available through the app from time to time, other than User Content.

You may use VC Online as made available by us from time to time, subject to these terms of use. You understand and agree that we only grant you a limited, revocable, non-sublicensable, non-exclusive, royalty free licence to use VC Online for the purpose of accessing the Services and in accordance with these terms of use.

You acknowledge and agree that, other than the licence described above, you do not have any rights in VC Online, or any of its components or content, and you must not copy, modify, adapt, reproduce or republish them. 

Where you provide us with feedback or suggestions about VC Online, you acknowledge that information is not confidential to you or any other person, and you agree that we can use this information without notice and/or any obligation to you. 

User Content

By uploading User Content onto VC Online you:

  • warrant to us that you are the legal and beneficial owner of all User Content that you upload onto VC Online;
  • consent to us holding the User Content in accordance with our privacy policy; and
  • grant us a limited, revocable, non-sublicensable, non-exclusive, royalty free licence to use the User Content in:
    • progressing any request you have made for financing or services from us;
    • providing you with any Services.

Promotional communications

In agreeing to these terms of use, you agree that we may send you promotional information about our products and services that we think might be of interest to you. We may communicate with you by email, text message, in-app messaging or notifications, or any other electronic or physical method. You may, at any time, request that we stop providing you with this information and we will comply with your request.

Service interruptions and errors

Access to and use of VC Online is at your own risk. We cannot guarantee that VC Online 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 VC Online is affected by an interruption or error. We are not liable for any loss or corruption of data, including any User Content.

We will use reasonable efforts to ensure that information provided through VC Online 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.

You are responsible for obtaining and maintaining at your cost any electronic devices needed to give you access to VC Online.


By using VC Online, you authorise us to collect, use and disclose personal information obtained in connection with your usage of VC Online in accordance with our privacy policy and these terms of use.

Consumer Guarantees Act and Fair Trading Act

To the extent that you are in trade, and are using VC Online in trade, you agree that the Consumer Guarantees Act 1993 does not apply to your use of VC Online. We do not provide any guarantees in respect of VC Online, other than those expressly set out in these terms.

To the extent that you are in trade, and are using VC Online in trade, you agree that:

  • in accepting these terms you have not relied on any representations or other conduct of ours, whether prior to accepting these terms or at any subsequent time;
  • along with our privacy policy, these terms are the entire agreement between you and us regarding your use of VC Online; and
  • to the extent necessary to give effect to this clause 12.2, you agree to contract out of sections 9, 12A, and 13 of the Fair Trading Act 1986.

Clause 12.2 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 two Acts remain unchanged.

Indemnities and limitation of liability

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 of use. 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.

Except as expressly provided in these terms of use, we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.

As far as permitted by law:

  • we are not responsible for any loss or damage (whether it is direct, indirect, consequential or otherwise) that you may suffer in connection with your use of VC Online or these terms of use;
  • 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 VC Online or these terms of use. 

To the extent that our liability cannot be excluded, our total liability for any loss or damage you suffer in connection with VC Online or these terms of use will not in any circumstance exceed NZ$10.


These terms of use are to be governed by and construed in accordance with New Zealand law. The parties 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 of use and/or VC Online.

A failure or delay by us in exercising any power or right will not operate as a waiver of that power or right. A single exercise or partial exercise of any power or right will not preclude further exercises of that power or right or the exercise of any other power or right.

If any part of these terms of use is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable, such determination will not impair the enforceability of the remaining parts of these terms of use.

You must not transfer, assign, delegate, sub-contract, or create any encumbrance over, or deal in any manner with, any rights or obligations in these terms of use without our prior written consent.


Any questions or queries about VC Online or these terms of use may be sent to:



In these terms of use, unless the context requires otherwise:

CDD means customer due diligence;

Service means any service provided by us(whether through VC Online or otherwise) including but not limited to the list at clause 1.1;

Third Party Services Provider means any third party provider of services that we have engaged to carry out functions on our behalf through VC Online;

User Content means any documents, materials, photographs, files, information or data uploaded by you onto VC Online;

VC Online means the mobile application owned and created by Vincent Capital as described at clause 1.1.