Terms of use

This website is operated by, or on behalf of, Power Compare – a trading name of Global Compare Group Limited – Company Number 7305419, NZBN: 9429047307131 (the "Website" or "site"), together with call centres relating to this Website.  By using our Website or call centres, you agree to comply with and be bound by the following terms and conditions (the "Terms of Use") together with our privacy policy and any other documents referred to therein. 

If you do not agree to these Terms of Use, you must not use this site or call centre.

We reserve the right to amend these Terms of Use from time to time. Any changes will be posted on this Website. Your continued use of this Website after posting will constitute your acceptance of, and agreement to, any changes. Specific services that we offer, or make available to you, may also be governed by additional or alternative terms and conditions with us, or other third parties.

 

Registering on our Websites

You must be 18 years old or over to create an account on this Website, and warrant that the details you provide on registration are true, accurate, complete and current. You must promptly update us with any changes to your account details. Where you register using a social account, you are responsible for maintaining the confidentiality of that social account login. You agree that any person who has access to your email address or social account login is authorised to act as your agent for the purpose of transacting for any services via this Website, and you will be responsible for any and all activity conducted using your email address or social account. You shall take reasonable steps to prevent unauthorised access to your account via any computer or other device that you use to access your account or via your social account. If you believe someone has, without authorisation, accessed an account that you created on this Website or that your email address or social account has been compromised, please contact us immediately.

When you register your details you may be given the opportunity to opt-out of receiving marketing emails from us, our group companies or third parties. You can manage your email subscription and r unsubscribe from emails at any time. From time to time, we may need to send you service emails relating to your account, and we reserve the right to do so.

 

Your responsibilities

The content on this site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this site.

 

In particular, this Website and our call centre(s) provide a service where you may:

obtain comprehensive information on suppliers of services, products, and/or goods selected by us from time to time and listed on this Website (a "Supplier"), including the services and products that those Suppliers offer, and

facilitate a transaction (if any) between you and the Suppliers for the provision of those services, products and/or goods ("Services").

However, in providing our service we are not:

giving you any advice, investment, financial or otherwise in respect of any Service; or

recommending or endorsing and Supplier or Service.

We shall inform you of any applicable terms and conditions imposed by a Supplier in relation to the supply of its Services, and you agree to abide by these terms and conditions.

 

You also agree that:

we are solely providing information regarding Suppliers and their Services, and you are not contracting directly with us for the provision of such Services;

any person who has access to your email address or social account login is authorised to act as your agent for the purposes of transacting via the Website and/or Services;

you are responsible for transmitting all payments due to any Supplier on the terms agreed with the relevant Supplier for its Services or otherwise, and we shall have no responsibility for the transmission of payments to any Supplier; and

where a Supplier requires details of your credit or debit card, you shall provide us with such details (where necessary) and we may forward such d etails to the relevant Supplier.

 

Materials you provide

By submitting content on this Website or otherwise providing content to us ("Content"), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable and fully transferable licence to use, reproduce, display, sell, modify and edit the Content. You waive any moral rights you may have in the Content. We will not pay you any fees for the Content and reserve the right in our sole discretion to remove or edit it at any time. You warrant and represent that you have all rights necessary to grant us these rights. We will permit you to post Content on this Website in accordance with our procedures and provided that the content is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us. Any personal data that you provide via the Website will be governed by our privacy policy.

 

Disclaimer and liability

The Website (including all content on it) is provided by us on an "as is" and "as available" basis and we make no representations, guarantees or warranties of any kind, either express or implied. In particular, without limitation, we will use reasonable care and skill to ensure that information provided to us by the Suppliers in respect of their Services or otherwise is accurate, but you acknowledge that we obtain this information from third parties and we cannot, and do not, provide any representations, guarantees, and/or warranties as to quality, suitability for any purpose (including your needs), compatibility, reliability, accuracy, completeness, timeliness, access or use of information provided by any Supplier and/or is accessed or obtained by you via the Website, our call centre(s), or otherwise through using our services. In addition, we make this Website available for New Zealand  ("NZ") residents only and in doing so we are not making any offer or promotion of any services or products to persons not in the NZ.  We make no representations, guarantees or warranties that the services we offer are available or appropriate for use by those outside the NZ.  It is your responsibility to evaluate the quality, suitability, accuracy, completeness and reliability of this Website, call centre(s), information provided by any Supplier, information accessed or obtained by you through using our services, and any information or content contained therein. We accept no responsibility and make no representations, guarantees, or warranties that the Website will operate continuously, without interruptions or be fault-free. We may need to make the Website unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of service.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, this site, the call centre(s), and/or our services;

use of or reliance on any content displayed on our site;

any failure or delay in any component of our site, the provision of any Service or the provision by a Supplier of its Services to any user or third party (including, without limitation, where the user has a delayed or failed switch from its current supplier to a Supplier and/or the user is unable to obtain the cashback, voucher, reduced price tariff, or other reward or incentive to which he or she may have otherwise been entitled from a Supplier were it not for the delay or failure);

any use or reliance of any information, material, software, products or services obtained through the site, the call centre(s), or otherwise through using the services we provide (including, without limitation, any information, material, software, or Services of any Suppliers); or

any transaction or agreement between the user and any Supplier, or attempt to enter into an agreement or transaction with any Supplier, in all cases even if we have been forewarned of the possibility of such loss or damage.

If you are a business user, please note that in particular, we will not be liable for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We assume no responsibility for the content of websites linked to on this site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

Indemnification

You agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of your use of this Website or through your email address or social account or otherwise, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any other person or entity.

 

Viruses

We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programme and platform in order to access the Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

 

Intellectual Property

We are the owner or licensee of intellectual property rights in the Website, information and content available on the Website, any database operated by us, any proprietary software utilised by us to enable you to use this Website ("Software") and the underlying source code. Much of this information and content is protected by copyright, trade mark, database rights, design rights designs (including in the "look and feel" and other visual or non-literal elements), and/or other intellectual property rights (whether registered or unregistered). Our logos, together with our trade marks and/or service marks, may not be copied or reproduced without our prior written consent. All rights are reserved.

We grant you a non-exclusive, non-transferable licence to use the Software solely in executable form and only to the extent necessary for use of the Website, and for no other purpose.

You must not use an automated program (including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques), to access the Website for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or content in this Website. Any such use of an automated program is prohibited and shall be a breach of these Terms of Use.

You may not reproduce, republish, transmit or distribute any material, information or content on this Website, or that form part of our services, without our prior written consent. However, you are granted a limited right to access and use the Website and our services, and retrieve, display and print content pages, for your own personal, non-commercial use and to the extent necessary for use of the Website and our services only. We reserve the right, in our sole discretion and without notice to you, to terminate your licence and to prevent future access by you to this Website.

 

Third Parties

This Website may contain links to third party products, services and/or websites that are not affiliated with us. We have no control over the products, services or websites of these third parties and we do not guarantee or take responsibility for them. This Website may also contain advertising from third parties and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on this Website should not be taken as an endorsement by us of any kind. Furthermore, this Website contains data provided by third parties and we accept no responsibility for any inaccuracies in this material. You agree to release us from claims or disputes of any kind arising from or in any way connected to such disputes with third parties.

 

Restrictions on Use

You agree not to:

transmit any material designed to interrupt, damage, destroy or limit the functionality of our Website;

use any automated software to view our Website without consent and to only access our Website manually;

use our Website other than for your own personal use or as an agent listing properties for sale and to rent;

attempt to copy our data our reverse engineer our processes;

use our Website in any manner that is illegal, immoral or harmful to us (including to commit or facilitate the commitment of any fraud against us or any Supplier);

use our Website in breach of any policy or other notice on our Website;

remove or alter any copyright notices that appear on our Website;

publish any material that may encourage a breach of any relevant laws or regulations;

interfere with any other user’s enjoyment of our Website;

transmit materials protected by copyright without the permission of the owner; or

conduct yourself in an offensive or abusive manner whilst using our Website.

We shall be entitled to suspend the Services and/or terminate these Terms of Use without notice to you if you commit a breach of these Terms of Use, and in particular these restrictions on use, which in our reasonable opinion is serious enough to merit immediate termination.

 

Governing Law

These Terms of Use are governed by New Zealand law and the contract between you and us is made in New Zealand.  Any disputes will be settled in New Zealand courts, although we may take action to enforce our intellectual property rights in any relevant jurisdiction. If any provision of these Terms of Use is found to be unenforceable, it will be replaced with a provision reflecting the intent of the original provision.

 

General

The headings in these Terms of Use are solely used for convenience only. You may not assign or delegate any or all of your rights or obligations in this Agreement. We may assign this Agreement at any time without notice to you. Our delay or failure to exercise or enforce any right or provision of these Terms of Use shall not constitute or be construed as a waiver of such right to act. We shall not be responsible for any breach of these Terms of Use caused by circumstances beyond our control. Nothing in these Terms of Use shall be construed to create a joint venture, partnership, or agency relationship between you and us, and neither you or we shall have the right or authority to incur any liability, debt, or cost, or enter into any contracts or other arrangements, in the name of or on behalf of the other.

Updated: 20 August 2017