Money Compare Terms of Use

These Terms of Use were last updated on 13th August 2018 

Welcome to Money Compare, a comparison website for financial products in New Zealand. These Terms of Use (Terms) form a legal agreement between you and R.O.EYE Limited (trading as NZ Compare) that sets out our, and your, rights and obligations in relation to the Money Compare website (the Site). 

Please read these Terms (which include our Privacy Policy) carefully before accessing and using the Site. By using the Site 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 Site.

We provide general information about Financial Products in New Zealand for comparison purposes. Our service is not personalised financial advice and is not tailored to your individual circumstances. If you are looking for advice on the Financial Products featured on our Site, please contact a financial adviser.

If you have any questions about these Terms or the Site, please contact us at hello@moneycompare.co.nz and/or 09 218 8980.

We are a registered Financial Service Provider in New Zealand (FSP Number FSP610730).

We are a member of the FSCL dispute resolution service (FSCL Member Number 7335).

1. Definitions
In these Terms:

Account means the online profile you have with us, that is accessible via the Site; 
Content means any software, content, data or information on the Site or generated by the Site (and includes any User Generated Content that is not generated by you);
Financial Product has the meaning given to it in section 5 of the Financial Advisers Act and section 7 of the Financial Markets Conduct Act 2013. Financial Products include, among other things, consumer credit contracts (e.g. credit cards, mortgages, overdrafts, payday loans), contracts of insurance, bank term deposits and managed investment products (e.g. Kiwisaver schemes);
Privacy Policy means our privacy policy posted on the Site; 
Site means the Money Compare website found at [www.moneycompare.co.nz];
User means a user of the Site; 
User Generated Content means any content posted publicly on or via the Site that is generated by you or any other User, and includes any reviews posted on the Site about Financial Products and providers;
Virus means any virus, Trojan horse, worm, backdoor or other element that may disable, harm or otherwise prevent the operation of any computer software, hardware or network, or any telecommunications service, equipment or network;
weus and our are a reference to R.O.EYE Limited, trading as NZ Compare (New Zealand registered company number 5492723); 
you and your are a reference to the person that accesses and/or uses the Site; and
Your Data means any data that you have inputted on the Site, including any User Generated Content that you generate. 

2. About the Site

2.1 Our Site provides you with information about Financial Products. We collect information from the marketplace and present that information to you in one easy place, to help you make your own decision about the Financial Products. By presenting information about Financial Products on the Site, we are not providing you with any financial advice, recommendation or opinion. If you need advice about Financial Products, you should contact a financial adviser.

2.2 We are not a provider of Financial Products. When you select a Financial Product through the Site, you will be taken to the website of the relevant provider, and any purchase or arrangement you make with that provider will be on the provider’s terms and conditions. We have no control, responsibility or liability for your arrangements with Financial Product providers.

2.3 The Site compares Financial Products from a number of providers. However, we do not provide information about every Financial Product or provider in the market.

2.4 We always try to ensure that information on the Site is up-to-date. However, this is sometimes dependent on our arrangements with providers or other factors outside our control, and we cannot promise that information on the Site is always fully up-to-date or accurate.

2.5 We update the Site regularly, and you agree that we can update or change the Site at any time without liability to you.

2.6 As the Site provides information about Financial Products, it is intended to be used by people that are 18 years or older. By using the Site you confirm you are 18 years or older.

2.7 The Site provides information that is specific to Financial Products available in New Zealand. For this reason, the Site is intended for Users that are living in New Zealand. If you are not living in New Zealand and you decide to use the Site, you do so at your own risk. 

2.8 We make the Site available to you at no cost. We may earn a profit from commissions or other commercial arrangements with third parties whose Financial Products are listed on the Site.

3. Account

3.1 You can create an Account to access some of the features of the Site, save your preferences and allow us to contact you easily. You don’t require an Account to use the Site.

3.2 When you register an Account, you will be asked to provide us with certain information about you including your name, email address and other contact details. If you use a social media platform (for example Facebook) to register an Account, your name and other basic details will automatically be generated from the information on your social medial account.

3.3 You are responsible for providing accurate, current, and complete Account information. We may request further Account information from you, either during or after registration.

3.4 You are responsible for ensuring the security of your password and login details, and for any use (including unauthorised use) of your Account by a third party.

4. Your Obligations 

4.1 You will: 
(a) ensure that all information that you provide to us is true and correct and kept up to date for so long as you continue to use the Site; 
(b) understand that if you sign up for a Financial Product via the Site, you are entering into a legally binding agreement directly with the provider of that Financial Product and not with us; 
(c) only access the Site for personal (not commercial) use; and
(d) comply with all applicable laws when using the Site.

4.2 You will not:
(a) copy (other than for personal use), republish, distribute or reverse engineer any part of the Site;
(b) access the Site to build a product or service which is the same as or similar to the Site, or which otherwise competes with the Site; 
(c) attempt to disable or undermine any security or technical measures, including any digital rights management system or other content protection features used by us; or
(d) transmit any Viruses through the Site.

5. User Generated Content and Communications

5.1 As a User, you have the ability to post User Generated Content on the Site. It is important that all User Generated Content is posted with integrity and honesty.

5.2 You will not post on the Site, or transmit to other Users, any User Generated Content (including links to other content), or otherwise engage in any activity through the Site, that:
(a) is inaccurate, false or misleading;
(b) breaches the rights (including intellectual property rights) of any party;
(c) uses another person’s personal information other than for the specific purposes for which that person’s personal information was provided to you;
(d) is intended to bully, harass, annoy, threaten or intimidate any other User; or
(e) is objectionable (including being defamatory, abusive, sexually-related, racially or ethnically objectionable in nature).

5.3 You acknowledge and agree that:
(a) we do not control, and therefore are not responsible for, any communication between you and any other User; and
(b) the views expressed in User Generated Content may not be our views. While we will try to monitor User Generated Content where possible, you use and rely on User Generated Content at your own risk.

5.4 We may at any time:
(a) refuse to post any User Generated Content; or
(b) edit or remove User Generated Content;
that we consider breaches these Terms or is inappropriate for the Site.

5.5 Where you post User Generated Content on the Site, you grant us a non-exclusive, perpetual and worldwide licence to use such content on the Site. You also confirm that any such User Generated Content does not infringe the intellectual property or other rights of any person.  You agree to pay all costs we reasonably incur as a result of you breaching this clause 5.5.

5.6 You acknowledge and agree that we may allow Financial Product providers or other third parties to reply to any reviews (or other User Generated Content) you post publicly on the Site.

5.7 If there is any dispute between you and another User (including in relation to any User Generated Content) you agree to act in good faith and use your best efforts to resolve the dispute amicably through negotiation or other informal means. You acknowledge that we will not be a party to any such dispute.

6. Intellectual Property

6.1 The Site and any Content are our exclusive property (or are used and displayed by us with the express permission of the owner). 

6.2 You may access and use the Site and the Content for your own personal use and only as expressly permitted under these Terms.

6.3 You may not, without our prior express written consent:
(a) extract or re-use any Content or any part of the Site. In particular, you may not use any data mining, robots, scraping or similar tools to extract any Content or any part of the Site; 
(b) create or publish your own database or site that features substantial parts of any Content or the Site (e.g. prices and product listings); or
(c) link to our Site from another website.

7. Your Data 

7.1 If you provide us with personal information, then our Privacy Policy applies. Please read the Privacy Policy carefully as it forms a part of these Terms.

7.2 Your Data is your exclusive property and you will have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Data. You agree that we may use Your Data for:
(a) any of the purposes set out in the Privacy Policy;
(b) performing our obligations under these Terms; and
(c) ensuring that you are complying with these Terms.

8. Our responsibilities and liability

8.1 You have various rights under New Zealand Consumer Guarantees Act 1993 which we cannot exclude in these Terms. Nothing in the following paragraphs is intended to limit those rights, but we exclude all other implied terms to the fullest extent permitted by law.

8.2 In particular (and without limiting clause 8.1) we do not promise that:
(a) the Site will be available at all times;
(b) your use of the Site will be uninterrupted or error-free; 
(c) information on the Site is accurate, reliable, up-to-date or adequate;
(d) the Site will meet your requirements or be fit for a particular purpose; 
(e) the Site will operate on all types of devices; or
(f) the Site will be secure or free from Viruses.

8.3 We are only responsible to you for foreseeable loss and damage caused directly by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a direct and foreseeable result of that failure, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. 

8.4 In any event, to the extent we are permitted by law to limit our liability, our total liability to you will be limited to $100.

8.5 You acknowledge that:
(a) we are not providing you with any financial advice, recommendation or opinion via the Site;
(b) you assume all of the risks associated with purchasing Financial Products; 
(c) the Site may contain links to websites and resources provided by third parties, including providers of Financial Products, and these links are provided for your information only. While we will not knowingly provide incorrect information, we have no control over the content on those websites or resources, and are not responsible or liable for any loss or damage that arises from your use of them; 
(d) we do not always edit or control any User Generated Content posted or available on the Site, and are not in any way responsible or liable for such User Generated Content; and
(e) we are not responsible or liable for any issues, loss or damage caused by your network connections, telecommunications links or the internet, or for any unauthorised access or loss of Your Data that is beyond our control.

8.6 You will reimburse us for any costs we reasonably incur in relation to any claims against us resulting from your use of the Site or your breach of these Terms.

9. Suspension and Termination

We may suspend or terminate your access to the Site if you fail to comply with these Terms, in which case all licences granted to you under these Terms will immediately end and you must cease using the Site.

10. General

10.1 These Terms are the entire agreement between you and us in relation to the Site.  

10.2 If any part of these Terms is judged invalid or unenforceable it will be excluded and the remainder of these Terms will continue to operate.

10.3 These Terms may be varied by us at any time. Unless otherwise stated, amendments to these terms will be effective when we notify you of the changes via email, or post the changes on the Site. You must ensure that you have read, understood and agree to these Terms. You agree that your continued use of the Site represents your agreement to be bound by the most recent terms.  

10.4 These Terms are governed by the laws of New Zealand.

10.5 Should you wish to take any action against us relating to the Site or these Terms, you agree that any such action must be taken in the New Zealand courts.