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Terms & Conditions of Use

Terms of Use

Trade Me Limited has teamed up with TOWER Insurance Limited (TOWER) to bring you an insurance offering called Trade Me Insurance. By accessing the Trade Me Insurance website, www.trademeinsurance.co.nz, (the website) you agree that the following terms and conditions, and privacy policy, apply to your use of the website.

We may change or update the content of the website, including these terms and conditions applicable to the website, at any time without prior notice. In these terms and conditions, all references to ‘we’, ‘us’, ‘our’ are references to Trade Me Insurance, Trade Me Limited and TOWER. These terms and conditions are in addition to, and do not replace, any specific terms and conditions applicable to any TOWER underwritten product, service, marketing and/or promotion provided as Trade Me Insurance.

These terms and conditions were last updated on 24 May 2016.

Use of Trade Me Insurance Website

You are granted a non-exclusive license to access the website and the information it contains. By accessing the website, you agree not to use the website for any commercial or competitive advantage; any illegal, defamatory or objectionable purpose; or any purpose which brings or could bring our reputation into disrepute.

You also agree not to decompile, reverse engineer or try to decompile or reverse engineer any part of the website, including the secure sites. Anyone found breaching the user rights will be prosecuted to the full extent of the law.

Becoming a Policyholder: You may only become a policy holder if you are resident in New Zealand (unless specifically authorised by us in writing) and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a policy holder, you warrant that you can form a legally binding contract.

You acknowledge that Trade Me Limited may receive a commission on any TOWER underwritten product, service, marketing and/or promotion provided as Trade Me Insurance through this website.

General Disclaimer

Although all reasonable care has been taken in producing the information contained on the website, it is of a general nature only, and does not take into account any individual’s particular circumstances, financial, or otherwise. While we try to ensure that the content of the website is up to date and free from error, we do not give any guarantee or other assurance of the currency of any information on the website or its accuracy, adequacy, completeness or suitability for your intended use.

Liability

To the fullest extent legally possible, neither we, nor any of our related companies (as defined in the Companies Act 1993), or their directors, employees, agents, independent contractors, nor any other person, accept any liability or responsibility for any loss, damage, cost or expense (including but not limited to financial loss, loss of revenue, loss of profits or savings, indirect or consequential losses) arising in contract, tort (including negligence) or otherwise, that may result from any error, omission or misrepresentation on the website or reliance on information contained on the website or from any use of or access to the website.

We make no representation or warranty about the accuracy or completeness of information and accept no liability or responsibility in respect of errors in or omissions from information contained on the website, to the extent permitted by law. We do not intend to offer financial advice but in the event that we either have or do, then we will be bound by the obligations of the Financial Advisers Act 2008. TOWER is a Qualifying Financial Entity (QFE) group. You can check TOWER's QFE status and whether other entities are a member of the TOWER QFE Group on the Financial Service Providers Register on the business.govt.nz website. Download the TOWER QFE Group Disclosure Statement.

Neither Trade Me Limited nor TOWER, nor any agent or related party of them, will be liable for any losses, damages, liability, costs and claims (including solicitor’s costs on a solicitor-client basis) incurred by them as a result of:

  • Any deliberate or negligent act or omission by you in relation to the website or its contents, functions or services;
  • Any misinterpretation, misrepresentation or misuse by you of the website or its contents, functions or services;
  • Any breach by you of any agreement between Trade Me Limited and TOWER, or any agent or related party of them (to the extent you are aware of the terms of such agreement); or of any agreement between you and those parties.
  • Any breach of these terms and conditions by you.

For the avoidance of doubt, liability for any of (a)-(d) above rests solely with you.

To the fullest extent legally possible, we exclude every warranty and condition of any kind that might otherwise apply in relation to the website, its content and functions.

You acknowledge that, despite TOWER and Trade Me Limited teaming up to bring you an insurance offering, TOWER and Trade Me Limited are not related to each other in any way and any obligations on TOWER or Trade Me Limited under these terms and conditions are owed to you both severally and separately (not jointly).

Links and 3rd Party Services

In providing a quote, TOWER may access a third party data service to help facilitate the quotation and purchase process. TOWER makes no representation or warranty as to the quality of any of those services or their suitability to your circumstances. It is your responsibility to validate any data that is populated on your behalf.

This website uses Auto Information Ltd (Red Book) data for vehicle values. Red Book has prepared this data and valuations from information gathered from a variety of sources. You acknowledge that whilst all care is taken in producing the data and valuations, Red Book cannot guarantee or make any representations regarding the use of, or reliance, on it. Red Book is not responsible for all the information provided via the website and you should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information. Neither we nor Red Book are liable for any loss or damages (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, this valuation and data.

From time to time the website may contain links to other websites. These links are provided for convenience only, and do not represent any endorsement by us of the products or services offered by the site owner. We make no representations and accept no responsibility or liability in relation to the content of any website linked to this website that is not under our direct control.

Content

You may not do anything or permit anything to be done which may alter the website, or interfere with or affect its operation. This includes, without limitation, removing any information from the website, adding any information to the website, linking it to or from another website, distributing any part of the website to any other person or copying any part of it for any commercial or illegal purpose. Any website providers wishing to link to the website may formally request to do so by emailing us via the general enquiry form on the site.

If you choose to use the Chat facility on the website you agree:

  • not to display, upload or promote obscene, indecent, pornographic or sexually explicit activities or content;
  • not to promote abusive, threatening, hateful, harmful, harassing, libellous or violent behaviour;
  • not to promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • not to promote illegal activities or violate applicable law;
  • not to violate the intellectual property rights of third parties;

Viruses

Although all reasonable care has been taken to prevent the introduction of viruses and other destructive materials to the website, we do not guarantee that the website is free from such destructive features. We accept no responsibility or liability in relation to any harm attributable to such destructive features. If you rely on any materials available through the website, you do so at your own risk.

Site Access

We do not guarantee the continued availability of the website or the continuation of services provided on it. Access to the website and to any saved information may be interrupted, restricted, delayed or unavailable from time to time. We accept no responsibility or liability in relation to any loss suffered in these circumstances.

Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Trade Me Insurance does not operate single sign on with trademe.co.nz or with tower.co.nz. You are required to register with a unique password to enter the secure trademeinsurance.co.nz site.

Without limiting the foregoing, you agree:

  • not to permit any other person to use your user name or membership; and
  • not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to access your membership.

Payments

We protect your credit card information during transmission by using the Secure Sockets Layer (SSL) protocol, which encrypts your information when transmitted over the Internet. TOWER retains only partial card details. However, they may be held by Direct Payment Solutions (DPS) and Payment Express (www.paymentexpress.com), which are PCI DSS compliant. If you choose to pay your premiums using a credit card, we will apply a surcharge (merchant service fee) to your premium of 1.8%.

Copyright

The information, images, screens, web pages, logos and brands on the website and the general content of the website are our property and we hold copyright in them. The information may not be copied or reused (other than as expressly intended by this website) without our prior written consent. In particular, in no circumstances should the Trade Me, Trade Me Insurance and or TOWER brands or our logos be used without the written consent of the respective owner.

Intellectual Property Rights: We (and our licensors or suppliers, as the case may be) own all proprietary and intellectual property rights in the website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the website.

You may not without our prior written permission, in any form or by any means:

  • Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  • Commercialise, copy, or on-sell any information, or items obtained from any part of this website.

New Zealand Law

Unless otherwise stated, the content of the website has been prepared in accordance with New Zealand law for the supply of products and services to persons resident in New Zealand only. Unless otherwise stated, references to any currency are to New Zealand dollars.

The content of the website, and these terms and conditions are governed by and construed in accordance with New Zealand law and New Zealand Courts have jurisdiction.

Comments, Complaints or Disputes

If you would like to make any comments or complaints about the website or any of the information or services available on the website or these terms and conditions, please use this form. We will try to resolve any complaint as soon as possible.

© 2016 TOWER Limited and its related companies. All rights reserved.

© 2016 Trade Me Limited and its related companies. All rights reserved.

Trade Me Insurance and www.trademeinsurance.co.nz are the properties of Trade Me Limited. TOWER Insurance Limited owns the web-engine within the website www.trademeinsurance.co.nz and retains all rights and access to the operations of this web engine.