Website Terms & Conditions

The New Zealand Home Loan Company Limited

The following terms and conditions (“Terms”) apply to your access to, and use of, The New Zealand Home Loan Company Limited’s (“NZHL”, “we”, “us”, “our”) website at www.nzhl.co.nz (Website). Our current privacy policy (available HERE) forms part of these Terms. The Terms are important so please read them carefully.

NZHL is a licensed financial advice provider. You can view our disclosure statement HERE.

By accessing and using the Website:

• you agree to these Terms on your own behalf and, if you are accessing and using the website on behalf of another person (e.g., a company), on behalf of that person’s behalf (and you confirm that you are authorised to do so);
• you consent to us collecting, using, disclosing, and storing personal information, and to obtaining information from third parties, in accordance with the privacy policy.

If you do not agree to these Terms you are not authorised to access and use the Website, and you must immediately stop doing so.

Each of our franchise is entitled to the benefit of these Terms and has the right to enforce these Terms.

These Terms were last updated on 6 April 2023. We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms.

1. DEFINITIONS & INTERPRETATION

1.1 In these Terms:

           including and similar words do not imply any limit.

           Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability, and cost (including legal costs on a solicitor and own client basis).

           Underlying System means any network, system, software, data, or material that underlies or is connected to the Website.

           User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website.

2. COMMUNICATING WITH YOU

2.1 If you provide us with your email address or other electronic address, you agree that we may contact you using electronic communications at that address in relation to the enquiry or application you have made. We may also provide you with information about additional products or services that we think you may be interested in. You may elect not to receive communications from us at any time.

3. WEBSITE ACCESS & CONTENT

3.1 The Website does not provide financial or other advice and is not an offer to advise you. Sending any communication to us will not impose any obligation on us or a franchisee.

3.2 We may change, suspend, discontinue, or restrict access to, the Website at any time (whether with respect to you or users generally) without notice or liability.

3.3 The content on the Website, including calculators and other tools (and the output of the tools), are provided for general information only for people in New Zealand. The content is provided free of charge and:

a       does not constitute financial advice or other professional advice, or a financial plan;

b       does not take into account your personal circumstances;

c       is not guaranteed to be up-to-date, or free of error or omissions;

d       is not an endorsement or recommendation of any kind including regarding the value or suitability of any particular course of action or transaction.

You should obtain professional advice before taking, or deciding not to take, any action in relation to the Website content.

3.4 Any links to third party websites are provided for convenience only. The inclusion of a link does not imply any endorsement, approval, or verification of the content by us. Responsibility for the content and privacy practices of any linked websites rests solely with the owners of those sites.

3.5 Unless otherwise stated, references on the Website to “$”, “dollars” or to any currency are references to New Zealand currency.

4. YOUR OBLIGATIONS

4.1 You must provide true, current, and complete information in your dealings with us and our franchise, and you must promptly update that information as required so that the information remains true, current, and complete.

4.2 You must:

a       if you are given a User ID, keep it secure and you immediately notify us if you become aware of any unauthorised use or disclosure of your User ID;

b       not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, time-bomb, keystroke logger, spyware, or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System;

c       not act in any way that is unlawful or fraudulent (whether or not intentional) or for the purpose of harming an individual or other person in any way; and

d       unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, automation, or any similar data gathering, extraction or monitoring method.

4.3 You must obtain our written permission to establish a link to our Website.

4.4 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, except to the extent the Loss is caused by our negligence, fraud, or dishonesty.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 We (and our licensors) own all proprietary and intellectual property rights (including copyright) on the Website including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel (Content), and the Underlying Systems. Without limiting that, you may not display or distribute the Content in public in any form (including digital copies) without the express written permission of NZHL.

5.2 You may not use or permit use of any part of the Website for any purpose other than that intended (being to provide information on the services we and our franchise provide, loans and insurance, and loan and insurance providers and their products).You must not use any part of the content or functions on the Website for, or in connection with, providing products or services to third parties for the purpose of any business, profession, trade, undertaking except with our prior written consent.

5.3 You agree that we can hold and use all information and documents you provide to us (via or in connection with the Website) for the purposes of the Website and as otherwise disclosed in our privacy policy.

6. WEBSITE LIMITATIONS

6.1 To the maximum extent permitted by law, we, our franchises, and our licensors have no liability or responsibility to you or any other person for any Loss you suffer or incur in connection with your use of the Website including in connection with:

a       the Website being unavailable (in whole or in part) or performing slowly;

b      any error in, or omission from, any information or results made available through the Website;

c      any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and

d       any site linked from the Website.

6.2 The Website is designed for use by people in New Zealand only. We make no representation or warranty that the Website and its content satisfies the laws of other countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

7. LIABILITY EXCLUSION

7.1 To the maximum extent permitted by law:

a       access and use of the Website is at your own risk; and

b       we and our franchise are not liable or responsible to you or any other person whatsoever for any Loss (howsoever arising) you suffer or incur in relation to the Website, or your access and use of (or inability to access or use) the Website.

7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.

7.3 To the maximum extent permitted by law, and only to the extent clauses 1 and 6.2 do not apply, our, and each of our franchisee’s, total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, shall not exceed NZ$100.

8. GENERAL

8.1 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to those matters.

8.2 For us to waive a right under these Terms, the waiver must be in writing.

8.3 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability, or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed in these Terms. The remainder of these Terms will be binding on you.

8.4 These Terms (including the privacy policy) form the entire agreement between us and you relating to the Website and your use of it. To the maximum extent by law, you confirm that you have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms and that no such representation, warranty or agreement has any effect from the date you agreed to (or are deemed to have agreed to) these Terms.