QUASHED TERMS – ADVISER ACCOUNT

Terms

These Terms, read together with our Privacy Policy govern your use of this website and the portal at https://quashed.co.nz (the Platform). If you do not accept these Terms you must not access or use the Platform.

We may vary these Terms from time to time by posting an updated version on our website and you will be bound by these changes. It is your responsibility to monitor our website regularly for any updates or changes.

Quashed Client Accounts

Quashed Limited (Quashed or we) has developed an online portal through which Policy Owners <those individual(s) that are named as the policy owner on an insurance policy> that hold a current Client Account are able to view and manage all their insurance policies in once place.

Quashed Adviser Accounts

Advisers <a registered financial Adviser in good standing on the FPSR> may apply to hold an Adviser Account. An Adviser Account enables the Adviser (you) to use the Platform to provide a value-add service to Policy Owners that hold a Client Account, or have authorised you to register a Client Account on their behalf, and to link to, upload and/or access their Client Data <the Client’s personal information, Content, insurance policies and other documentation, images and information that are uploaded/to be uploaded to that Client’s Quashed account>.

Your account is personal to you and you are solely responsible for maintaining the privacy and security of your Account, and for all access to or communications and activities that occur on or through your Account whether authorised by you or not.

Quashed Responsibilities: For as long as your Adviser Account is in good standing, Quashed will:

  • Make the Platform available to you and those Client Account holders linked to your Account

  • Publish the Content <insurance policies and other documentation, images and information that are uploaded to that Client’s Account> you upload to the Platform

  • For as long as a Client remains linked to your Account (and you are not otherwise in breach of these Terms) direct that Client’s queries relating to the Content and/or to any new life insurance related products, to you in the first instance

  • Provide reasonable online support in relation to your use of the Platform

Adviser Responsibilities: As an Adviser you must:

  • Maintain your FPSR registration in good standing and promptly notify us (team@quashed.co.nz) of any actual or threatened change to your registration status

  • Verify the prospective client is the Policy Owner prior to opening a Client Account and/or to accepting an authorization request to link to a Client Account and/or any Content

  • Secure and maintain all permissions, authorisations and consents necessary to access and link to Client Accounts and to upload Content

  • Ensure the Content is at all times up to date, accurate and complete

  • Pay the Subscription Fees as outlined in the sign up process and or the notices provided and other amounts owing in full when due. Payment is to be made through credit or debit card payment.

  • Ensure and maintain the privacy, security and integrity of Client Data and other information that by its nature is or should be presumed to be confidential

  • Comply with all applicable laws, regulations, and industry codes of practice with respect to your access to and use of the Platform and Client Data

  • Comply with Quashed policies and procedures as notified to you from time to time

  • Conduct business in a manner that reflects favourably on the good name and reputation of Quashed

And you must not:

  • Market or promote Quashed in a manner that may be confusing, ambiguous, misleading, inaccurate, incomplete, or otherwise objectionable

  • Reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying ideas or algorithms of the object code or any other intellectual property of Quashed

  • Transmit or allow to be transmitted any material containing software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, and time bombs

  • Enter into any agreement or arrangement with any third party that could impose any legal obligation or liability of any kind whatsoever on Quashed

Subscription Fees

Subscription Fees are charged monthly in advance. An onboarding fee will apply where you ask us to assist you to onboard Clients and will be charged monthly in arrears. Quashed reserves the right to update the Subscription Fees or any other fees at any time with at least month's notice. Any additional or out of scope services provided by Quashed will be charged monthly in arrears at our standard hourly rate. Charges for onboarding and additional services must be paid within three (3) calendar days of the invoice date.

All amounts are expressed in New Zealand dollars and exclusive of GST. Payment is to be made through debit or credit card, or bank transfer where appropriate.

Quashed may charge a late payment fee on overdue amounts and/or suspend or terminate your Account and/or delink you from Client Accounts and/or the Platform.

Confidential Information and Intellectual Property

Confidential Information < information in whatever form that is by its nature confidential or which the Adviser knows or ought to know is confidential including without limitation any intellectual property and Client Data> must be used solely for the purpose of enabling the Adviser to exercise its rights and perform its obligations in accordance with these Terms. The Adviser must not use, copy or disclose, or permit to be used, copied or disclosed, any Confidential Information for any other purpose, benefit or gain.

Quashed is the sole and exclusive owner of all intellectual property rights protectable by law in and associated with the website including the Platform. Client Data is the property of the Client however as between the Adviser and Quashed, Client Data is the property of Quashed.

Quashed may remove or suspend your access to your Account and/or the Platform, without any liability to you or to any third party, where it considers the integrity or security of its Intellectual Property may be threatened or compromised in any manner.

Warranty and Liability

The Platform is made available to you on an "as is" and "as available" basis without any warranties or representations of any kind. Quashed will use reasonable efforts to maintain the availability of the Platform and Content however does not warrant or guarantee that the Platform and Content will be continuously available or error free. Your use of, and any reliance upon, the Platform and Content is at your own sole risk.

You are solely responsible for ensuring the accuracy and completeness of any information you upload or submit through the Platform and for verifying the reliability, timeliness, quality, suitability, accuracy or completeness of information obtained through your use of the Platform.

To the fullest extent permitted by law, all representations and warranties, express or implied, statutory or otherwise, including, but not limited to any implied warranty of quality, merchantability or fitness for a particular purpose are hereby disclaimed.

To the extent permitted by law, Quashed expressly disclaims and excludes all liability to you and to any third parties in respect of any claims, demands, costs, expenses, damages, losses or other liabilities however caused arising from or in connection with the use of the Platform and Content. To the extent that Quashed is held to be liable, the total liability of Quashed whether in tort, contract, negligence, or for any other claim relating to these Terms is limited to direct loss or damage only and in any event will not exceed the dollar amount of the Subscription Fees received by Quashed in the three month period immediately preceding the date the event giving rise to such liability first occurred. In no event will Quashed be liable for any loss or corruption of data, indirect, special, consequential, exemplary, collateral, or incidental damages.

Termination

Where we believe, on reasonable grounds, that you have breached these Terms (including but not limited to your failure to pay any amounts due) or become aware of inappropriate or unauthorized use of the Platform or any of its Content or functionality we may suspend and/or terminate your Account without liability to you and without the requirement to provide prior notice.

Upon termination for any reason Quashed will unlink the Client Accounts from the Adviser. Unlinked Client Accounts will remain active on the Platform for the Client, and Quashed will have no further obligation to the Adviser in relation to these Terms or otherwise. The Adviser will pay all amounts due and return any Confidential Information held by it (in whatever form) to Quashed.

General

These Terms constitute the entire agreement between us and our failure to enforce any duty or right shall not constitute a waiver of such duty or right. These Terms are governed by New Zealand law and subject to the jurisdiction of the New Zealand courts.

Last updated: 16 July 2021