User Terms

Dealbusters Ltd. (New Zealand) provides an information technology platform (the NZ.Finance Portal or Portal) through which:

1. the NZ.Finance application / discovery journey service is offered and provided by us; and
2. information is shared with you and, where applicable, your broker or adviser.

These User Terms apply when you access or use the Portal. Related documents include our Privacy Policy, Privacy Collection Notice and CDR Policy.

2.1 The NZ.Finance application / discovery journey is designed to help you prepare for a loan or related finance application, with the assistance of your broker or adviser where applicable.

2.2 When you submit a request to use the application journey, you agree to us acting on your behalf to obtain information about you from third-party data source providers (for example identity, credit or banking data providers you authorise).

2.3 We will share your application journey information — including information about you we obtain from third-party data source providers — with your nominated broker or adviser, where that is part of the service you have requested.

3.1 We may make changes to these User Terms by providing you with notice via the Portal or in any other way agreed by you.

3.2 If we make any changes to these User Terms, we will act reasonably and will give you notice of the changes not later than the day on which the change takes effect.

3.3 If you continue to use the Portal after you have been notified of any change(s) to these User Terms, you will be taken to have accepted the change(s).

4.1 In order to use the Portal, you must register a user account (NZ.Finance User Account) through the Portal.

4.2 We may suspend or terminate an NZ.Finance User Account and your access to the Portal if we consider it reasonably necessary to restore or maintain the security of our systems, to manage a material or immediate risk, or to prevent loss to you or us. We may also suspend or terminate any of your NZ.Finance User Accounts and your access to the Portal if any of the information provided by you is inaccurate, incomplete or out of date.

4.3 If we suspend or terminate any of your NZ.Finance User Accounts and/or your access to the Portal, we will act reasonably and notify you promptly (which may be after the suspension or termination has taken effect).

4.4 You are responsible for safeguarding your NZ.Finance User Account and must take reasonable steps to do so, such as using a secure network. You must not share your login details with any third party and you take sole responsibility for any actions or inactions undertaken on your NZ.Finance User Account.

4.5 You must immediately notify us of any unauthorised use of your NZ.Finance User Account.

5.1 You must not (either yourself or through a third party):

1. use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (Automated Process) to process, monitor, copy or extract any web pages on or content accessed through the Portal, or any of the information, without our prior written consent;
2. use any Automated Process to aggregate or combine information, content or data contained within or accessible through the Portal with information, content or data accessible via or sourced from any third party;
3. use any device, software (including but not limited to introducing a virus, worm or other malicious code), process or routine to interfere or attempt to interfere with the proper working of the Portal or any process being conducted on or through it;
4. except to the extent expressly permitted by any provision of an applicable law that cannot lawfully be excluded, reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other formulae or processes in respect of the software underlying the infrastructure and processes associated with the Portal;
5. post or otherwise distribute information on or through the Portal that would be in breach of another person’s intellectual property rights or is confidential to a third party without their permission;
6. post or otherwise distribute on or through the Portal any content that is defamatory, obscene, harassing, threatening or otherwise unlawful, or photographs containing obscene images (as determined by us acting reasonably); and/or
7. use the Portal for any other unlawful purpose or activity.

5.2 You must not:

1. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your financial, employment or personal circumstances or your affiliation with any person or entity; and/or
2. solicit personal information from anyone or solicit passwords or personally identifying information through the Portal for commercial or unlawful purposes.

We may, from time to time, change, add or delete functions, features, service levels, performance or other characteristics of the Portal and the application / discovery journey service, and correct errors or upgrade the Portal and that service. We do not guarantee that any change, addition, deletion, correction, patch or new version will be compatible with any other application or software connected to the Portal.

Acknowledgements you make

7.1 You acknowledge and agree that you:

1. will not disguise or interfere in any way with the IP address of the device you are using to access the Portal, or otherwise take steps to prevent us from correctly identifying the IP address of the device you are using whilst accessing the Portal; and
2. understand that we do not warrant the accuracy of the data we collect from various third-party sources.

Representations and warranties you make

7.2 You represent and warrant that the information you provide to us through the Portal and the application / discovery journey is true, current and accurate to the best of your knowledge and belief.

Communications and notices to be given by you under these User Terms (other than those exchanges of information occurring in the normal operation of the Portal) should be sent to us in the manner prescribed on our Contact page, or to the email addresses listed in section 13.

We may cancel or suspend the Portal or the application / discovery journey service at any time. We will endeavour to provide reasonable notice of any such cancellation or suspension, but we reserve the right to cancel or suspend the Portal or that service immediately without notice if we consider it reasonably necessary to restore or maintain the security of our systems, to manage a material or immediate risk, or to prevent loss to you or us.

10.1 To the extent permitted by law:

1. we do not accept liability for any loss or damage that you may directly or indirectly suffer in connection with your use of the application / discovery journey services or the Portal, including any loss or damage that you may suffer because we cancel or suspend the Portal or that service;
2. any condition, warranty or guarantee that would otherwise be implied by these User Terms is hereby excluded; and
3. our liability to you for breach of a condition, warranty or guarantee implied by such legislation is limited, at our sole discretion, to the re-provision of services.

10.2 Clause 10.1 does not apply to the extent that:

1. any loss or damage arises from the mistake, error, fraud, negligence or wilful misconduct of us, our employees or our agents; and
2. any guarantee, condition, warranty, right or remedy that applies to these User Terms under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any similar legislation cannot be excluded, restricted or modified.

Nothing in these User Terms is intended to exclude rights you may have under New Zealand consumer law that cannot be excluded by agreement.

11.1 The trade marks, service marks and logos (Trade Marks) used in the Portal are our or our licensor’s registered or unregistered Trade Marks. You may not copy, reproduce, adapt or transmit any Trade Mark in any form without our prior written consent and/or the consent of our licensors.

11.2 The Portal website address (including nz.finance and related domains) is our uniform resource locator. You must not make any use of this website address (or any other website address owned by us) on another website or digital platform without our prior written consent.

11.3 The Portal, its associated layout and design, are our property.

11.4 You assign to us any intellectual property rights (including copyright) relating to any request for application journey insights made by you on the Portal. We own all rights in any data and related content on the Portal. Your registration and use of the Portal confers no rights whatsoever to the content and related intellectual property rights contained in the Portal. You must not monitor, use or copy our web pages or any content on the Portal, including without limitation any price data. We reserve our rights in relation to any unauthorised use or reproduction of the Portal.

The Portal may include links to websites operated by third parties (Third Party Websites). We do not endorse, warrant or guarantee the accuracy, copyright compliance, legality, decency, or any other aspect of the content of any Third Party Website included within the Portal, and (to the extent permitted by law) we are not responsible for any error, omission or inaccuracy of any information contained within any Third Party Website. The inclusion of any Third Party Website within the Portal does not imply any association with the operators of those websites.

Governing law

14.1 These User Terms will be governed by and construed in accordance with the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

Severability

14.2 If any provision of these User Terms is or becomes illegal, unenforceable or void in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these User Terms.

Assignment

14.3 You may not assign, novate or otherwise deal with any of your rights or obligations under these User Terms without our prior written consent.

14.4 We may assign, novate or otherwise deal with any of our rights or obligations under these User Terms to any person without your consent. We may disclose information about you to any person involved in an actual or proposed assignment, novation or dealing by us with our rights under these User Terms.