This website (Website) is operated by Quashed Ltd (NZBN 9429047602397) (we, our or us). It is available at https://quashed.co.nz.
1.1 These terms apply to your use of the Website. By accessing and using the Website, you are taken to have agreed to these terms of use (Terms).
1.2 Where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.3 If you do not agree to these Terms, then you must cease using our Website immediately.
2.1 We may change these Terms at any time by publishing the updated terms on our Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 Materials and information on this Website (Content) are subject to change without notice. We do not undertake to keep our Website up-to-date and we are not liable if any Content is inaccurate or out-of-date.
2.3 We may change, suspend, discontinue, or restrict access to, the Website at any time, without notice or liability.
3.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
3.2 If you are given a user ID, including a unique name and/or password which allows you to access certain parts of the Website (User ID), you must keep your User ID secure and not permit any other person to use your User ID, including not disclosing or providing it to any other person. You must immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to team@quashed.co.nz
3.3 You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Website, which we would consider inappropriate or which might bring us or our Website into disrepute. This includes:
a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
b) using our Website to defame, harass, threaten, menace or offend any person;
c) interfering with any user of our Website;
d) tampering with or modifying our Website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Website or any underlying system, including (without limitation) using Trojan horses, viruses or piracy or programming routines that may damage or interfere with our Website or underlying system;
e) accessing our Website via methods other than standard web browsers, including (without limitation) scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation or any similar data gathering, extraction or monitoring method;
f) using our Website to send unsolicited electronic messages; or
g) facilitating or assisting a third party to do any of the above acts.
3.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to team@quashed.co.nz.
3.5 You indemnify us against any loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and costs, including legal costs on a solicitor (Loss) we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your Website User ID.
4.1 Our Content is factual information only, is not comprehensive and is for general information purposes only. Our Content is not a financial service or insurance advice. You cannot rely on it as such. We use reasonable attempts to ensure the accuracy and completeness of our Content, we provide our Content in good faith, make no representation or warranty in relation to it, and are not liable for any loss arising from reliance on our Content.
4.2 You acknowledge and agree that when using our market scan tool, it will only complete a scan of the information we have access to, and is otherwise limited to comparing a subset of all the products available in the market at any one time. While we endeavour to compare as much of the market as possible, you acknowledge and agree that it is not always possible.
4.3 The Content available may be subject to change without notice and we do not undertake to keep the Site up-to-date. The Content is factual information only, is not comprehensive and is for general information purposes only. Our Content is not a financial service or insurance advice, and you cannot rely on it as such. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses.
4.4 We encourage you to interact with the Site, and upload information that enhances your experience on our Site (User Content).
4.5 If you make any User Content available on or through the Site, including information uploaded to our platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, to inform our platform, or otherwise make use of such User Content on, through or by means of the Site, for the purposes of developing new features, creating more engaging customer experiences and enriching our platform and Site. Where any Data is used by us for external commercial purposes, unless we receive your written consent otherwise, we will anonymise or aggregate all Data to protect your identity.
4.6 You agree that you are solely responsible for all User Content that you make available on or through the Site. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4.7 We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
4.8 To the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any liability that we may suffer, incur or otherwise become liable for, arising from or in connection with any claim by a person that any of your User Content infringes the intellectual property rights of any person.
5.1 The Site may contain links to websites or businesses operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites or businesses. We recommend that you make your own investigations with respect to the suitability of those websites or businesses. If you purchase goods or services from a third party linked from the Site, such third party provides the goods and services to you, not us.
5.2 We may receive a benefit (which may include a referral fee and/or a commission) should you visit certain third-party websites or businesses via a link on the Site (Affiliate Link), through a referral from the Site to a third-party, or for featuring certain products or services on the Site. We will endeavour to make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, which insurers we partner with, or which (if any) third party links are Affiliate Links.
6.1 We authorise you to access and use the Site solely for your own personal, non-commercial use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property.
6.2 You must not use the Site, or any of the Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity and you must not use the Site, including the Content, in any way that competes with our business (for example, but not limited to, an insurance broker/adviser, a researcher, or employee of an insurance company, using our site to generate quotes for your own purposes).
6.3 We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Website in accordance with these Terms. All other uses are prohibited without our prior written consent.
6.4 Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Website, all of our Content and any copyright, registered or unregistered designs, patents or trade mark rights and domain names (Our Intellectual Property).
6.5 Your use of our Website and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to Our Intellectual Property. You must not:
(a) copy or use, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(c) breach any intellectual property rights connected with Our Intellectual Property, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.
7.1 To the maximum extent permitted by law, we make no representations or warranties about our Website or our Content, including (without limitation) that:
a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
b) access will be uninterrupted, error-free or free from viruses; or
c) our Website will be secure.
7.2 Our Website may contain links to websites operated by third parties. To the maximum extent permitted by law, we make no representations or warranties about any other website or platform linked on our Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
7.3 We make no representation or warranty that the Website is appropriate or available for use in any country outside New Zealand or that the content satisfies the laws of any country outside of New Zealand. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited. If you access our Website from outside New Zealand, you do so are your own risk and are responsible for complying with the laws of the jurisdiction where you access our Website.
8.1 To the maximum extent permitted by law, you access and use our Website at your own risk. We are not liable or responsible to you or any other person for any Loss arising from or in connection with your use of Our Intellectual Property and/or any accessibility of, interruption to or outage of our Website and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date. We also accept no liability in relation to any incorrect advice provided to you due to errors where you have manually entered any data into our Site.
8.2 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. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
8.3 To the maximum extent permitted by law and only to the extent clauses 7.1and 7.2 of these Terms do not apply, our 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, must not exceed NZD100.
8.4 The information on our Site provided by third party insurers is largely based on information publicly available and information shared with us. We accept no liability in relation to the accuracy of this information and your reliance on the same.
9.1 We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on our Website) sets out how we collect and handle your personal information.
9.2 You are not required to provide personal information to us, although in some cases if you choose not to do so then we may be unable to make certain sections of the Website available to you, including for example (without limitation), using your contact details in order to provide you with updates from the Website.
9.3 You acknowledge and agree that as part of using our Site, some of the information you provide through the Site will be provided to Insurers, for example, the information you enter when using our Market Scan feature which is necessary to obtain quotes for you, or if you use our feature seeking advice and/or callback, your contact information will be shared with a third party in order to facilitate this request. If, through our site, you engage with an insurer that is a partner, any new policy documents or information provided will be shared and returned to your profile on our Site. You acknowledge and agree that these scenarios (or similar) are not a breach of your privacy and you provide your consent to the same in accordance with these Terms and our Privacy Policy.
10.1 These Terms are effective until terminated by us, which we may do at any time and without notice to you.
10.2 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to our Website, or any part of it.
10.3 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
10.4 You can ask for your account to be terminated and all associated data deleted, at any time, by sending an email to team@quashed.co.nz from the email your account is registered with. You can also access this by clicking on the Submit Feedback button within the platform. We aim to process these requests within 7 working days.
10.5 In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
11.1 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 exclusive jurisdiction of the courts operating in New Zealand in relation to any dispute connected with these Terms or the Website.
11.2 For us to waive a right under these Terms, the waiver must be in writing.
11.3 If any part or provision of these Terms is held to be void, invalid, illegal or unenforceable, that part or provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these terms.
11.4 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
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