Terms and conditions

Haast Limited registered in New Zealand with NZBN 9429049408621 (referred to as "Find My Adviser", "we", or "us") operates the website www.findmyadviser.nz (the "Site"). This page outlines the terms and conditions ("Terms") governing the use of the website. We may update or modify these Terms and the Site from time to time without prior notification. It's advisable to review these Terms periodically for any changes. The current Terms supersede all previous versions for this website.

It's crucial that you understand these Terms as they constitute a legally binding agreement governing your use of the Site. By accessing or using the Site, you agree to be bound by these Terms.

Financial Advisers

Find My Adviser offers financial advisers the opportunity to register on the Site as an "Adviser". Where applicable, they may be referred to or introduced to potential Users registered with the Site.

For Users

A "User" can view and access Advisers' profiles on the Site. We may require a "User" to register details with the site in order to access services we provide/to be introduced to an Adviser.

Services

This site is an online platform where Users can access, compare, and seek introductions to registered Advisers.

While we facilitate the review and introduction process, Users and Advisers are responsible for entering into their own agreements. You understand that we are not a party to and will not be liable for any services provided by Advisers.

Any terms a User agrees with an Adviser regarding work to be provided will be binding on the User and the Adviser. Any terms attempting to alter or modify these Terms must be agreed to by Find My Adviser in writing.

Who are 'you'?

For the purposes of these Terms, 'you' typically refers to the individual accessing or using the Site. If you're registering as an Adviser on behalf of your employer, you may be representing a company, partnership, or other legal entity. In this case, 'you' are deemed to have assured us that you have the authority to act on your employer's behalf, and these Terms will be binding on your employer, the partnership, company, or legal entity.

Company accounts

You must not create an account in the name of any company or organisation or represent yourself as a spokesperson for a company or organisation unless you have been authorised to do so by that entity.

When registering, you may be asked to provide your name, email address, job title, phone number, company information, and other details necessary for your registration. These details form your credentials for accessing certain services on the Site.

By providing this information, you agree that you:

Are not impersonating any individual or entity;
Are not intentionally or unintentionally violating any applicable New Zealand law regarding the use of personal or identification information;
Are authorised to create an account in the name of the company or organisation or to represent an association with the company or organisation; and
Will provide, upon request from Find My Adviser, verification of your Credentials in the form required by Find My Adviser.

For Advisers, we may periodically use your Credentials to verify the completeness, accuracy, or truthfulness of the information you've provided. If you fail to provide sufficient evidence within the requested timeframe, we may suspend or cancel your account (without prejudice to any other remedies we may have). If we suspect or identify an individual inappropriately or unlawfully adopting a person or company's identity, we may, without notice to you, disclose that information to relevant persons or authorities.

Adviser Information

As an Adviser, you warrant and represent that the information you provide is and will remain accurate, true, and correct and that you will update this information held by Find My Adviser promptly when changes occur.

Find My Adviser reserves the right to suspend your profile or cancel your registration at any time if Find My Adviser determines in its absolute discretion that Find My Adviser's brand, operations (including the Site, any blogs, or membership), or business (including its Users, partners, or affiliates) may be adversely affected by your continued registration.

Payment and GST

Our prices, where applicable, will clearly state whether they include or exclude Goods and Services Tax (GST). If this is not explicitly shown for any reason, the price excludes GST, and you must pay GST on our supply at the current rate (15% as of 2024 in New Zealand). We will provide you with a tax invoice for any GST payable by you. The terms 'GST' and 'tax invoice' have the same meanings as in the Goods and Services Tax Act 1985.

No liability for decisions relating to Services

You are solely responsible for all decisions you make in connection with any services you choose to purchase as a User or provide as an Adviser.

The Site, including all services made available or accessed through it, is provided on an "as is" basis.

Find My Adviser expressly disclaims any other representation or warranty (express or implied), including any warranty of performance, merchantability, or fitness for a particular purpose.

Find My Adviser does not provide personalised financial advice nor do we consider any User's individual circumstances when providing the User Services. Always seek independent advice and consider whether the advice meets your needs.

Find My Adviser makes no representation or warranty (express or implied) that the Site or Find My Adviser Services will:

Meet the User's needs;
Meet the Adviser's needs;
Be accessible at all times;
Be accurate, complete, or current; or
Be free from viruses or other harmful components.

Subject to any express terms, Find My Adviser makes no representation or warranty regarding the volume or subject area of services accessible through the Site.

Use and display of company names and logos

By signing up to the Site as an Adviser or User, you consent to us displaying the name and/or logo of the relevant company or organisation on the Site, both in the context of specific Services being offered and generally. Your company name may appear in lists on the Site that are visible to other Users (for example, in dropdown menus or auto-filling text entry forms). You acknowledge that if you post content on the Site, the fact that your company or organisation is using the Site does not constitute confidential information.

Additionally, you consent to us promoting the website in media and advertising independently of the Site (whether online, in print advertising, or otherwise) and using and publishing the name and/or logo of the relevant company or organisation for this purpose. You acknowledge and agree that we are not required to obtain your consent before doing this, provided we use your company name and logo in a manner consistent with your Posted Content and we do not do anything that could result in you or your company breaching applicable New Zealand laws.

No liability for Posted Content

We do not have and expressly disclaim any liability to you in connection with any content, reviews, information, or material you upload to the Site ("Posted Content"). We cannot guarantee and make no representations regarding the completeness or accuracy of any Posted Content.

Posting Content Responsibilities

If you post content to the Site, you warrant and must ensure that:

The content is truthful and will, upon supply to the User or Adviser, be provided with such other information as is reasonably necessary to ensure that: (i) the User is fully informed about the services offered by the Adviser; (ii) the Adviser is fully informed about the Services sought by the User;
It is not misleading, deceptive, or materially inaccurate in any way, including in relation to the availability, nature, terms, or conditions of any services being offered or sought;
It complies with all applicable New Zealand laws and licensing requirements;
The Posted Content does not contain links to any external website other than those specified in the website field unless we have given our prior written consent.

We may remove any Posted Content if we reasonably consider that you or any other Users have breached these Terms or if maintaining the content presents a risk to Find My Adviser's reputation, business, or operations (including the Site).

We are not obligated to monitor, consider, evaluate, assess, review, screen, censor, or remove any Posted Content. We expressly disclaim any liability in connection with any monitoring, consideration, evaluation, assessment, review, screening, censoring, or removal of Posted Content or any failure or refusal on our part to do so.

You are solely responsible for all of your Posted Content. You agree to indemnify us and keep us indemnified from and against any claims that arise in connection with your Posted Content.

We will not have any liability in connection with the deletion, loss, or unauthorised modification of any of your Posted Content.

The website reserves the right to retain the Posted Content on the Site indefinitely unless it is removed earlier by the Adviser or User. Any part of Posted Content may be edited after it has been uploaded to the Site.

Use of Posted Content

You may not use any Posted Content for any purpose other than that for which it has been posted.

Automated use of the site

Crawling, spidering, or scraping of content is prohibited except to the extent required by recognised search engines (e.g., Google) for the purposes of indexing the site. You may not provide unauthorised interfaces to any of our applications.

Username and password

You must keep your Username and password secure and not disclose these details to any other person. You may not transfer your account to another person.

You are solely responsible for the consequences of any use of your Username and password by third parties, regardless of whether that use is authorised.

If you believe that your Username and password are being used by someone else, please contact us immediately.

Prohibited content

Without our prior express written permission, you must not:

Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or code comprising or in any way making up a part of the Site, including the algorithm used by Find My Adviser to rate the Advisers.
Take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure, including spam or other unsolicited mass e-mailing techniques.
Use the Site for any objectionable or unlawful purpose, including posting any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane, or spam material.
Use the Site in a way that would result in you breaching any applicable New Zealand legislation or licensing obligations (including with respect to privacy) or any obligations you may owe to third parties.
Mislead or deceive others through any act or omission or make false representations about your identity, including impersonating a real or fictitious person or using an alternative identity or pseudonym.
Post content which breaches a confidentiality or non-disclosure agreement, insider trading laws, or intellectual property rights which you are not authorised to transfer to another party.
Conduct any activity which infringes upon or breaches another party's patent rights, trademark, copyright, or other intellectual property rights.
Copy, collect, or save information about other Users, including their skills, employment, or education history.
Publish advertising material of any kind or market any goods or services directly to other Users.
Introduce any virus, worm, Trojan horse, malicious code, or other program which may damage computers or other computer-based equipment to the Site or to other Users.
Stalk or harass anyone.
Attempt to disrupt or interfere with the delivery of our service or the services of our partners and Users.
Use the details of other Users for anything other than the use expressly permitted by those Users.
Download, access, use, harvest, or download in bulk User details other than to fill vacant positions as contemplated by the Site or as otherwise explicitly permitted by us in writing.
Sell, redistribute, or use information contained on the Site for a commercial purpose without our prior written consent.
Pass on Username and password information to anyone other than the authorised member/User of that account.
Remove or alter Find My Adviser's copyright notices or other means of identification, including any watermarks, as they appear on the services or Site.
Provide to any persons who are not authorised Users of the Site any part of the information included in the services or content except as permitted in these Terms.
Distribute or publish any part of the information or content included in the services on any publicly accessible electronic network, including without limitation the internet and the world wide web, Facebook, YouTube, or otherwise publish, broadcast, or display any such information in public.

Refusal of service

Notwithstanding anything else in these Terms, we may in our absolute discretion refuse you or any other person access to part of the Site at any time and for any reason. We may delete any Posted Content that we consider in our absolute discretion breaches these Terms or may cause reputational or operational harm to Find My Adviser should the content remain on the Site.

Intellectual property

We own or are licensed to use all intellectual property on the Site, with the exception of Posted Content, which shall remain your intellectual property but which you license to Find My Adviser in accordance with the licence below. You may not use any of our intellectual property for any purpose other than as may be required to use the Site for its intended purpose.

In relation to Posted Content and your use of the Site, you grant us an unconditional, worldwide, and irrevocable licence, fully paid and royalty-free, to use, display, copy, modify, adapt, and publish all such intellectual property and that content for any purpose.

By using the Site, you warrant that you own or are licensed to use the intellectual property rights in your Posted Content. This includes copyright in respect of any text you post as well as the right to use or display any image or logo. You agree to indemnify us and keep us indemnified from and against any claims by third parties arising from your Posted Content, including any breach of intellectual property rights any third party may bring against us in relation to your content.

Trademarks

You may not use or display any trademarks on this Site without first obtaining the consent of the trademark owner. We own the distinctive 'My Adviser' brand and logo.

Nothing on this Site creates any right on your part (express or implied) that would allow you to use or display a trademark that you do not own, regardless of whether the trademark is currently registered in New Zealand.

Privacy

We may collect, use, and disclose your personal information for the limited purposes described in our Privacy Policy, which complies with the Privacy Act 2020. We may send you emails about our services and opportunities or profiles that may be of interest to you. You may opt out of receiving certain types of notifications from us.

Your registration and use of the Site are conditional upon your agreeing to and complying with the Privacy Policy.

If you do not agree to us collecting, using, or disclosing your personal information in the manner contemplated by these Terms and our Privacy Policy, you must not use the Site. The Site can only provide the intended services to Users by using personal information in the manner contemplated.

If you intend to post any personal information on this Site that relates to a third party (including their name, email address, or phone number), you must obtain their consent before doing so.

If you have any questions or concerns relating to Privacy, please contact us in accordance with the process and procedure set out in the Privacy Policy.

Links to other sites

This Site may contain links or portals to other websites. We have no control over websites operated by third parties, and we are not responsible for and will not accept any liability in connection with your access to or use of any third-party website.

Continuity of service

We aim to provide a service that is continually available and capable of use. However, we may suspend your account and your access to the Site at any time and for any reason, including without cause. The most likely reasons why we might suspend your account or access to the Site include (but are not limited to):

Maintaining the Site or changing its features or functionality;
You don't use your account for an extended period;
A breach of these Terms;
Faults, service outages, or other technical problems;
A legal requirement, such as a court order, or due to an investigation by the New Zealand Police or other law enforcement agency.

Unless the reason for suspension is unexpected or relates to some wrongful conduct by you, we will endeavour to give you reasonable notice before suspending your account or your access to the Site.

We will not have any liability in connection with any suspension of your account or your access to the Site, regardless of the reason for suspension.

Limitation of liability and indemnity

You use the Site entirely at your own risk.

We are not responsible for and accept no liability in relation to your use of and conduct in connection with the Site or any other person's use of or conduct in connection with the Site in any circumstance.

Disclaimers and Liability

We cannot guarantee or warrant that any file you download from the Site or we deliver to you via email will be free of infection or virus, worms, Trojan horses, or other code that has contaminating or destructive qualities. You are responsible for implementing appropriate processes, systems, and procedures to protect yourself from this type of issue.

You indemnify us and agree to keep us indemnified from and against any claim, loss, damage, cost, or expense that we may suffer or incur as a result of or in connection with your improper use of or conduct in connection with the Site, including any breach by you of these Terms or any applicable New Zealand law or licensing requirements.

To the maximum extent permitted by New Zealand law, we exclude all implied representations and warranties which but for these Terms might apply in relation to your use of the Site.

To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute, or tort (including negligence), to you will be limited to NZ$100.

Notwithstanding anything to the contrary in these Terms, in no circumstances will we be liable for any indirect, punitive, or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money, or any loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract, or otherwise.

Non-reliance

The services provided by Find My Adviser are provided to enable communication between Adviser and User. Find My Adviser is an 'arms-length' independent provider of services to all Users of this Site. Nothing in this contract is intended to create a partnership, joint venture, agency, or employment relationship.

Find My Adviser is not an agent for an Adviser or User.

Find My Adviser is not responsible for any advice, opinions, representations, or statements made by the Advisers or the quality of work or consultations provided by the Advisers.

You understand and agree that (i) Find My Adviser will not assume any liability with respect to your interactions with any Adviser and (ii) the knowledge and opinions of Advisers are not ours, and we do not endorse them or any other information provided by any User.

Only the User has the right to read and use the Adviser's content, opinions, or work arising in respect of a consultation. If any of the content, opinions, or work provided to you by the Adviser is to be relied upon by a third party, the User shall indemnify and hold harmless Find My Adviser in respect of any damages claimed by any such third party in respect of reliance on any such work, content, or opinions.

Changes to these Terms

We may change these Terms at any time. Before doing so, we will endeavour to give you reasonable notice of any such change. You must ensure that you regularly review these Terms to ensure you are familiar with the most up-to-date version. The latest version of these Terms as posted on our Site will govern our relationship with you.

Notices

Without limiting other ways in which we may give notices to you, we may provide notices to you under these Terms by sending them to any email address you provide us. You will be treated as having received any email sent by us instantly.

Assignment and novation

We may assign or novate any of our rights or obligations under these Terms without your consent.

Continued application

These Terms will continue to apply even when you are not using the Site and even if you deregister your account.

Variation or Waiver

No variation to or waiver by us of any provision of these Terms, nor any consent to depart from any of its terms, is effective unless it is confirmed in writing and signed by us. A variation, waiver, or consent is effective only in the circumstances for which it is made or given.

No failure, delay, relaxation, or indulgence by us in exercising any right conferred under these Terms operates as a waiver of the right.

Any present or future legislation which operates to vary an obligation or right, power, or remedy of a person in connection with these Terms is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.

Cumulative Rights

The rights, powers, and remedies provided to us in these Terms are cumulative with and not exclusive of the rights, powers, or remedies provided by law independently of these Terms.

Nature of agreement

These Terms constitute the entire agreement between you and us in relation to its subject matter. You acknowledge and agree that you have not relied on any representations by us in entering this agreement except those contained in these Terms.

Governing Law and Jurisdiction

These terms and conditions must be construed and interpreted in accordance with the laws of New Zealand, and you submit to the non-exclusive jurisdiction of the Courts of New Zealand.

Interpretation

Unless inappropriate in the context:

the singular includes the plural and vice versa;
a reference to an individual or person includes a corporation, firm, and government body and vice versa;
a reference to a clause is to a clause of these Terms;
a reference to 'dollars' or '$' is to an amount in New Zealand currency;
a reference to a party includes that party's executors, administrators, substitutes, successors, and permitted assigns;
any covenant, agreement, or warranty on the part of or in favour of two or more persons is deemed to bind or be in favour of them jointly as well as each of them severally;
the meaning of general words is not limited by specific examples introduced by 'including', 'such as', 'for example', or 'even if' or other similar expressions;
a reference to a document (including these Terms) includes the document as modified from time to time and any document replacing it;
a reference to one gender includes each gender; and
headings are included for convenience and do not affect interpretation.