Terms and Conditions

Being open and transparent.

Our point of difference is that we provide financial advice to find the best insurance cover for you. We don’t just provide options and hope you get it right – we advise you. We are experienced Registered Financial Advisers who are subject to the Financial Advisers Act 2008 and other legislation. Accordingly, we will provide you our Disclosure Statement and Scope of Engagement upon our first contact with you. After confirming your Fact Find Summary, we will provide services and recommend the best insurance cover(s) for you in a Statement of Advice. Upon your acceptance of the best insurance cover, we will assist you in completing an Insurance Application and any other matter(s) required by the insurance company to bind your insurance cover. By visiting and using our website or by using access to any Fact Find or any document you agree to the following terms and conditions, so please read them carefully.

1. DEFINITIONS AND INTERPRETATION
Definitions
1.1 In these Terms:
“Access” means the Website and Documents We enable You to use through Our Website;
“Account” means the account which You register with Us in order to use the Services;
“Document” means a Disclosure Document or Scope of Engagement produced by Us which We enable You to view on Our Website;
“FactFind” means a comprehensive questionnaire conducted over the phone by Us, in order to ascertain Your financial goals, financial situation and particular needs and which We will base our Insurance Recommendation on;
“Fee” means any of the fees charged in connection with the Services or a Document as the case may be;
“Form” means the form You complete on Our Website and submit which is automatically sent to Our Email;
“GST” means the tax imposed by the Goods and Services Tax Act 1985;
“Intellectual Property” includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, branding, layouts, circuit layouts, data and databases, confidential information, know-how, Documents, Website and all other rights resulting from intellectual activity and includes any enhancement, modification or derivative work of such Intellectual Property;
“Loss” includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis;
“Privacy Policy” means Our privacy policy, as amended from time to time;
“Services” means financial insurance advice services provided to You by Us subsequent to any Forms completed, which may include any information provided to You on the Website (ClickCover website) or in completing or part-completing any Forms or Documents;
“Terms” means these terms and conditions;
“Underlying System” means any network, system, software, data or material that underlies or is connected to the Website, the Services, or any Form, or any Document;
“User” means any person or organisation who visits and/or uses the Website or uses any of the Services, Forms or Documents or other content or information from the Website;
“User ID” means a unique name and/or password allocated to a User to allow a User to access certain parts of the Website including Your Account;
“We, Us or Our” means ClickCover Limited;
“Website” means www.clickcover.co.nz and any associated social media pages (as applicable); and
“You” or “Your” means you or any person or organisation who is a User (as applicable).
Interpretation
“Including” and similar words do not imply any limit.
Words in the singular include the plural and vice versa.
All monetary amounts are in New Zealand dollars unless expressly indicated otherwise.
A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
 
2. APPLICATION OF TERMS
2.1 By accessing and using the Website, any of the Services, or any Form or Document:
2.1.1 You agree to these Terms; and
2.1.2 Where Your access and/or 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.
2.2 If You do not agree to these Terms, You are not authorised to access and use the Website, the Services, any Form, or Documents, and You must immediately stop doing so.
 
3. CHANGES AND ACCESS
3.1 We may change these Terms at any time by notifying you by email or by updating them on the 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.
3.2 We may change, suspend, discontinue, or restrict access to the Website, the Services, any Form or Document without notice or liability.
3.3 You have Access to the Website, Form and Documents (subject to these terms and conditions) and consent to Us contacting You to provides Services in completing insurance cover for You.
3.4 These Terms were last updated on 1 August 2017.
 
4. SERVICES
4.1 By completing any of our ClickCover Forms, You will gain instant access to subsequent financial insurance advice. The contact details for our Registered Financial Advisers (RFAs) will be provided to You if You wish to complete insurance cover immediately, however our RFAs will contact You to complete insurance cover.
The Services
4.2 Our Services are accurately recorded in Our Disclosure Statement and Scope of Engagement, which We will provide to You on Our first contact upon either completing/part-completing a Form, Document or using Our Website. Our Disclosure Statement and Scope of Engagement can also be provided to You at any time upon Us receiving Your written request. Our Disclosure Statement is provided to You out of caution to comply with statutory requirements as part of Our Form, Documents and Website, so in the information You provide in the Form You agree to be bound by the Disclosure Statement and clause 6.1.1. However, We confirm all information You have provided in the Form, Documents and Website content is true and correct before providing Services and completing insurance cover.
Changes to the Services
4.7 Because the Services that We provide are always evolving, in particular but not limited to our ability to provide Rabo-advice in the future (which is not yet able to be provided to You pursuant to the Financial Advisers Act 2008) their form and nature may change from time to time and We may not be able to give You prior notice of any changes. In addition, We may stop (permanently or temporarily) providing features within the Website, Form, Documents, Services or any of the Services themselves. You agree that ClickCover will not be liable to You or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Services or any part of any Service, for any reason.
4.8 We may also offer certain Website content, Forms or Documents which are still being tested, or for the for the purpose of testing and evaluation. You agree that We have the sole authority and discretion to determine the period of time for testing and evaluation. We will be the sole judge of the success of such testing and the decision, if any, to offer the any tested services as Services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the services being tested with or without notice to You. You agree that ClickCover will not be liable to You or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the services being tested, for any reason.
 
5. CHARGES AND FEES
5.1 There is no initial charges or fees payable by You for Us providing You Access, other than Your consent to be contacted for Services and to complete insurance cover. Once Services are to be provided by Us to You, Our Disclosure Statement and Scope of Engagement will be provided to You that states Our Fees and Charges.
5.2 You will not use Access for any other purpose than to obtain insurance cover and/or Services for Yourself or Your authorised or related third party entity. This clause applies whether or not You proceed with Services and completing insurance cover.
5.3 Your Documents and Forms (and any information on Our Website) is non-transferable and can only be used by one person or business entity (as applicable).
5.4 You may elect to either proceed with Services and complete insurance cover or not to proceed in accordance with clause 5.2 above. Any Website content, Forms or Documents provided to You are only valid for 30 days after their creation and being provided to You. After such time, if You have not accepted our Services and completed insurance cover, You will be deemed to have not elected to proceed with Services and insurance cover.
5.5 As part of the Access You are provided, You will automatically be registered with an Account. Accounts are personal to You, and must only be used by You. The Accounts are to assist You and Us in providing Services and completing insurance cover.
5.6 Where We detect that an Account has been used by multiple users, We will treat this as a serious breach of security and We reserve the right to suspend or terminate Your Account or take any other action we deem necessary or justified in order to enforce Our rights pursuant to these Terms and/or at law.
Payments
5.20 All payments are made upon completion of Services and binding insurance cover. Please refer to our Disclosure Statement and Scope of Engagement for further information.
 
6. YOUR OBLIGATIONS
6.1 You agree that You will:
6.1.1 Provide true, current and complete information in Your dealings with Us (including when being provided Access and setting up an Account), and must promptly update that information as required so that the information remains true, current and complete;
6.1.2 Keep Your User ID secure;
6.1.3 Not permit any other person to use Your User ID (including not disclosing or providing Your User ID to any other person);
6.1.4 Immediately notify Us if You become aware of any disclosure or unauthorised use of Your User ID, by sending an email to team@clickcover.co.nz;
6.1.5 Not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
6.1.6 Unless with Our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method. You acknowledge that currently the Form authoring tool requires Google Chrome to operate, and You agree that You shall only use the Form authoring tool in conjunction with Google Chrome.
6.2 You agree not to:
6.2.1 Use the Website, Services, Forms or Documents for unauthorised or unlawful purposes (unauthorised use of the Website, Services, Forms or Documents may be a criminal offence and/or give rise to a claim for damages);
6.2.2 Re-sell any information, Forms or Documents You have gained access to on this Website or otherwise in connection with the Website or Our business, other than in accordance with these Terms;
6.2.3 Re-sell or attempt to benefit in a commercial fashion from any of the content available on the Website other than in accordance with these Terms;
6.2.4 Submit, post, transmit, or make available anything on the Website that is illegal, inappropriate, profane, obscene, defamatory, knowingly false and/or infringes copyright;
6.2.5 Conduct surveys, contests, pyramid schemes or chain letters on the Website, other than in accordance with these Terms; or
6.2.6 Collect information about Users without their consent.
6.3 You are not permitted to copy, reproduce, transmit electronically or otherwise use the Forms or Documents in whole or in part in order to re-sell them in any manner, whether in original form or amended in any way, other than in accordance with these Terms.
6.4 You must obtain Our written permission to establish a link to Our Website. If You wish to do so, email Your request to team@clickcover.co.nz.
 
7. INTELLECTUAL PROPERTY
7.1 The Website contains Intellectual Property owned by Us.
7.2 All title to, and all Intellectual Property rights in the Website, any Services, any Forms any Documents and all Underlying Systems is and remains Our property or the property of other Users or of our licensors (as applicable). You agree not to dispute that ownership.
7.3 You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Website, any Form or any Document, in whole or in part, without Our prior written consent, otherwise than in accordance with these Terms.
7.4 You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or any Form or any Document or create derivative works with respect thereto, otherwise than in accordance with these Terms.
7.5 We are not required to pay You for any of Your Intellectual Property other than where a Fee is due pursuant to these Terms.
7.6 We retain any rights to any content You submit, post or display on or through the Website and the Intellectual Property in any Form or any Document that You create.
7.7 You grant Us a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, adapt, adopt, modify, publish, transmit, display and disclose (in any way) all and any ideas, content, media, concepts, know-how, techniques, ideas, methodologies, proposals, suggestions, comments and other communications and information provided by You to Us in connection with Your use of the Website and the Services, in accordance with Our Privacy Policy and these Terms and without any additional payment to You.
7.8 Where You terminate Your Account, for any reason, or if we terminate Your Account for breach of these Terms
any Intellectual Property stored in Your Account shall become Our sole and unencumbered property and We shall have all rights to that Intellectual Property as if We had created it Ourselves.
7.9 You represent and warrant that You have all the rights, power and authority necessary to submit, post, transmit, or make available, and/or grant the rights granted herein, or otherwise through the Website, to any content that You submit, post, transmit, or make available on the Website.
7.10 We reserve the right to immediately cancel Your Access to the Website if You are caught violating this intellectual property policy.
 
8. WEBSITE CONTENT
8.1 We reserve the right to amend or remove any information, content or other Intellectual Property You upload to the Website, including as regards Your Account, any Form or Document.
 
9. PRIVACY POLICY
9.1 The Privacy Policy applies to the use of the Website and its terms form part of and should be read in conjunction with these Terms. A copy of the Privacy Policy can be accessed on the Website. By using the Website You acknowledge and agree to be bound by the terms of the Privacy Policy.
 
10. LIABILITY AND INDEMNITY
10.1 Transactions and all other Interactions between Us, You and other Users are conducted entirely at Your own risk. You agree that We take no responsibility or liability for any misconduct of any of Users including, without limitation, Users that have registered to use Our Services under false pretenses or who attempt to defraud You.
10.2 We give no undertakings, representations, or warranties in relation to the Website, any Form, Document, or any other information or content that You or another User submits or uploads onto the Website including:
10.2.1 About ownership of any Intellectual Property;
10.2.2 About the qualification or expertise of any form or Document creator;
10.2.3 As to their content, accuracy, reliability, quality or fitness for purpose;
10.2.4 That they will meet Your requirements or expectations;
10.2.5 That they are available for use in all countries or that the content satisfies the laws of all countries;
10.2.6 That they will be free of defect, error, omission, virus or anything which may change, erase, add to or damage Your software, data or equipment;
10.2.7 That messages sent through the internet including in connection with the Services will be free from interception, corruption, error, delay or loss;
10.2.8 That access to them will be available or be uninterrupted;
10.2.9 That, while we aim to ensure that Your data is secure, You will not experience any data loss or corruption (including as relates to any Forms or Documents that you have completed/part-completed);
10.2.10 That use of them will achieve any particular result;
10.2.11 That any defects in them will be corrected; or
10.2.12 About Your ability to complete Services and insurance cover, including paying any Fees.
10.3 The Website, Services, Forms and Documents are provided on “as is” and “as available” basis.
10.4 We may perform any review of any content submitted by You and other Users for fitness for purpose or otherwise, including as regards Forms, Documents or any other information submitted by You and other Users.
10.5 We may operate a User rating system which You may use to help You make a decision on the quality or appropriateness of a Form for Your or another person’s use, however, We make no representations as to the validity or accuracy of any ratings made using this or any other system.
10.6 To the maximum extent permitted by law:
10.6.1 You access and use the Website, the Services, any Form and any Document at Your own risk; and
10.6.2 We and Our related parties have no liability or responsibility to You or any other person for any Loss in connection with:
(a) these Terms;
(b) Your use of the Website, the Services, or any Form or any Document;
(c) Your access and use of (or inability to access or use) the Website, any of the Services, or any Form or Document;
(d) any error in, or omission from, any information made available through the Website (including in any Form or Document);
(e) any exposure to viruses or other forms of interference which may damage Your computer system or expose You to fraud when You access or use the Website. To avoid doubt, You are responsible for ensuring the process by which You access and use the Website protects You from this; and
(f) Your use of any website linked from the Website. Any link on the Website to other websites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
10.7 You will exercise and rely solely on Your own skill and judgment in Your use and interpretation of any information or content on the Website and Access (including Your use of any Form or Document). It is Your responsibility to ensure that Your use of any information and Access (including Your use of any Form or Document) complies with all applicable legal requirements.
10.8 These exclusions apply regardless of whether Our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
10.9 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 $100.
10.10 To the maximum extent permitted by law, 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, and Access or any Form or Document, shall not exceed $100.
10.11 You agree to release, indemnify and keep indemnified, Us from and against all actions, claims, costs (including legal costs and expenses), Losses, proceedings, damages, liabilities, or demands suffered or incurred by Us to any person arising out of or in connection with Your failure to comply with these Terms, Your use of the Website or Access, or arising out of any content or item You submit, post, transmit, or make available through the Website.
10.12 You are responsible for ensuring that Your access to and use of the Website and the Services is not illegal or prohibited, and for Your own compliance with applicable laws in New Zealand and all other relevant jurisdictions;
10.13 The limitation of liability contained in these Terms applies to the fullest extent permitted by applicable laws.
 
11. FINANCIAL ADVISER-CLIENT RELATIONSHIP
11.1 We are Registered Financial Advisers who are subject to the Financial Advisers Act 2008 and other legislation. Please refer to our Disclosure Statement and Scope of Engagement. After confirming Your Forms and Documents, We will contact You to complete a FactFind then based on the information You provide, We will provide Services and recommend the best insurance cover(s) for You in a Statement of Advice. Upon Your acceptance of the best insurance cover, we will assist You in completing an insurance application and any other matter(s) required by the insurance company to bind Your insurance cover.
 
12.  ACCURACY OF INFORMATION
12.1 While We will confirm that You have provided Us with true, full and accurate information in the access of the Forms and Documents you complete, We are reliant on You to provide such true, full and accurate information in order to provide the best services and insurance cover to You. The information provided to You on the Website, Forms and Documents does not together or by any one of them constitute full and complete financial advice by Us. You must communicate with Us subsequent to completing the Form, FactFind and Documents in order to receive financial advice. You indemnify Us for any loss We, You or any other user may suffer as a result of Your failure to comply with this paragraph or relevant laws. 
 
13. AVAILABILITY OF OUR WEBSITE
13.1 We aim to make the Website available to You to use 24 hours a day, 7 days a week, but We make no guarantee about the availability of the Website.
13.2 Your access to the Website (and therefore the Services, Forms and Documents) might be restricted occasionally to allow Us to carry out repairs and maintenance.
13.3 We reserve the right to suspend and withdraw access to some or all of the pages on the Website without notice any time and We accept no responsibility for these pages not being available, or for any interruption to any User’s access to the Website or any Services, Forms or Documents.
 
14. GENERAL
14.1 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 the Website (or any part of it, including but not limited to access to the Services, Forms, Documents and Your Account).
14.2 If Your Account is suspended or terminated for any reason You must immediately cease using the Website, Access, Forms, Documents and Your Account, and must not attempt to gain further access to the Website or Use of the Access, any Form, Document  or Your Account.
14.3 If We need to contact You, We may do so by email, phone, letter or by posting a notice on a personalised dashboard on the Website.. You agree that this satisfies all legal requirements in relation to written communications.
14.4 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 non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
14.5 For Us to waive a right under these Terms, the waiver must be in writing.
14.6 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on You.
14.7 These Terms set out everything agreed by the parties relating to Your use of the Website, Your Account, Access, or any Form or Document 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 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.
14.8 Your use of the Website, Access, or any Form or Document and Your Account are personal to You and are non-transferable. You many not assign, novate, subcontract or transfer any right or obligation under these Terms without Our prior written consent. You remain liable for Your obligations under these Terms despite any approved assignment, subcontracting or transfer. We may assign, novate, subcontract or transfer any right or obligation under these Terms without Your consent.
 
15. SOCIAL MEDIA FEATURES AND WIDGETS
Our Website includes Social Media Features (such as the Facebook Like button) and Widgets, such as the Share this button or interactive mini-programs that run on our Website. These Features may collect Your IP address, which page You are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these Features are governed by the privacy policy of the company providing it.
 
16. USE OF SOCIAL MEDIA AND COMMUNICATION SERVICES
16.1 The ClickCover Website may contain links to its social media pages, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable You to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, You agree that when using a Communication Service, You will not:

  •     Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  •     Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

  •     Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents.

  •     Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

  •     Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

  •     Conduct or forward surveys, contests, pyramid schemes or chain letters.

  •     Download any file posted by another user of a Communication Service that You know, or reasonably should know, cannot be legally distributed in such manner.

  •     Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  •     Restrict or inhibit any other user from using and enjoying the Communication Services.

  •     Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

  •     Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

  •     Violate any applicable laws or regulations.

16.2 ClickCover has no obligation to monitor the Communication Services. However, ClickCover reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ClickCover reserves the right to terminate Your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
16.3 ClickCover reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ClickCover’s sole discretion.
16.4 Always use caution when giving out any personally identifying information about Yourself or your children in any Communication Service. ClickCover does not control or endorse the content, messages or information found in any Communication Service and, therefore, ClickCover specifically disclaims any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Service. Managers and hosts are not authorized ClickCover spokespersons, and their views do not necessarily reflect those of ClickCover.
16.5 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if You download the materials.
 
17. LINKS TO THIRD PARTY SITES
The ClickCover Website may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of ClickCover and We are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by ClickCover of the Website or any association with its operators.
 
18. DISPUTES
If a dispute arises through our Access, Website, Forms, Documents or subsequent Services to You, then We will seek to resolve the matter with You in good faith in the first instance. Please refer to our Disclosure Statement and Scope of Engagement for further information. ClickCover and its Registered Financial Advisers are members of the Insurance and Financial Savings Ombudsman dispute resolution scheme.
 
19. FEEDBACK AND INFORMATION
If  You have any feedback or a complaint, please tell Us. Please contact Us at team@clickcover.co.nz.
Any feedback You provide shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis.