Website Terms & Conditions
Welcome to PREQUAL website and thank you for taking the time to read these website terms and conditions which apply with respect to your use of our website and our products and services.
It is important that you read these terms and conditions carefully because by using our website and our products or services, you will be deemed to have accepted them.
1. Intellectual Property
1.1. We either own or otherwise have the right to use the intellectual property rights with respect to the Content, any software supplied by us, and any personal identifiers (including addresses) as well as in relation to other products or services which we make available to you in connection with our products and services (collectively our Intellectual Property). You acknowledge and accept that we are either the owner, or otherwise have the right to use our Intellectual Property and that you will not assert any claim or interest in or to our Intellectual Property. In particular but without limitation, our Intellectual Property extends to copyright, Trademarks and design rights which we either own or otherwise have the right to use.
1.2. You must not copy or reproduce (whether digitally, electronically, by framing or linking, or in hard copy or by any means whatsoever) or in any way use any of our Intellectual Property without our prior written consent, unless such coping, reproduction or use is required for the purpose of using any of our products or services in the manner in which they are intended to be used.
1.3. We accept that, in using our products and services, you may include items of intellectual property which belong to you or third parties. You warrant to us that all such intellectual property which you use either belongs to you or you otherwise have the right to use that intellectual property in conjunction with use of our products or services. You agree to indemnify us for all loss, damage, cost and expense which we suffer as a result of a breach of this clause by you. You also grant us and our suppliers the perpetual, global, non-exclusive and royalty free right to use that intellectual property in the context of our businesses.
2.1. Without limiting clauses 3.1 to 3.4, we disclaim any liability in relation to:
a) The content of any third party website which may be linked to our website at any time. The links to such sites which we include in our website are merely for convenience for you and we do not necessarily endorse the content of those third party sites;
b) Information which is obtained from third parties and which we may post on our website at any time. We provide such information to you merely for convenience, and we do not necessarily endorse the products or services referred to in the information;
c) The acts or omissions of any third parties, in relation to any default by them in relation to the provision of, or access to, any of our products or services;
d) The content of any communication (whether voice, data or otherwise) which you send or receive using any of our products or services; and
e) Any corruption or loss of data or other content which you or anyone else may experience as a result of using our products or services.
2.2. We do not represent or warrant that:
a) Data or other content which relates to you will be stored indefinitely. We may store such data for a reasonable period of time (which may vary depending on the service) and may then delete such data without notice to you and without your prior consent.
3.1. We (including our officers, employees and agents) will not be liable (whether in contract, tort or otherwise whatsoever) to you or any third party claiming through you, for any direct, indirect or consequential damage, loss, cost or expense (including loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had) arising from the use of our website, its Content, or through the use of any of our products or services.
3.2. If, notwithstanding clause 3.2., a court of competent jurisdiction holds us (or any of our officers, employees or agents) liable in respect of any matter arising under or incidental to these terms and conditions, such liability will be limited to:
a) the amount of charges and other payments made by you to us in the 12 month period immediately preceding the date upon which the event or series of events causing your loss occurred.
3.3. In respect of the provision of any products or services, if any term, condition or warranty is implied into these terms and conditions which by law cannot be excluded, but may be limited, then, subject to such law, our liability in respect of such term, condition or warranty (including to any person claiming through you) is limited, at our option, to either:
a) resupplying similar products or services on substantially similar terms; or
b) payment of the cost of having similar products or services supplied on substantially similar terms.
3.4. Subject to any express provision contained in these terms and conditions, we exclude all implied representations and warranties in respect of the use of our website as well as any of our products or services to the fullest extent permitted by law.
4. Charges & Payment
4.1. You agree to pay our fees in accordance with the terms which we display for any particular product or service. You agree to do so irrespective of who uses the products or services which we supply to you.
4.2. All fees are shown in New Zealand dollars (NZD). Payments must be received in New Zealand currency. We reserve the right to amend our prices for products and services from time to time.
4.3. Payment of our fees is due immediately prior to commencing the prequalification questionnaire. The standard payment method for this is by credit card. If payment is not received by us from the card issuer or its agents, you agree to pay all amounts due upon demand by us. Your card issuer's agreement governs your use of your designated card in connection with us, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. A charge from PREQUAL will appear on your credit card statement.
5.1. In using our products or services, we will provide Security Information to you, and we may also require you to provide Security Information to us which will enable you to access and use the relevant product or service. You must treat all Security Information as strictly confidential, and not disclose it to anyone. We are entitled to rely on the provision of your Security Information without further enquiry, as evidence of your identity and authority to use the relevant product or service. As a result, you will be liable for the costs and charges in relation to all such use. Any Security Information which is generated by us and supplied to you remains our property at all times.
5.2. You agree to notify us immediately of any actual or suspected unauthorised use of the Security Information relating to you. Such notice will not release you from any liability you may have to us in relation to the relevant product or service, but we will use all reasonable endeavours to mitigate the effects of that unauthorised use from your perspective.
6. Your Privacy
7. Breach, Suspension and Termination of Service
7.1. In the case of a breach of these terms and conditions by you or any other person, we are free to decide whether we wish to take action for such breach, and if so when and how. We will not be prevented by the passage of time or any other matter, from exercising our rights.
7.2. You cannot compel us to take action against any third party in respect of any breach by them of these terms and conditions which may be causing you damage, loss, harm or inconvenience, and furthermore, you cannot take legal action against us in an attempt to avoid such damage, loss, harm or inconvenience or recover compensation for the same.
7.3. We may suspend or terminate your use of any of our products or services at any time for any reason (which we are not obliged to disclose) without notice, although we will use all reasonable endeavours to provide you with advance notice. Our decision to suspend or terminate may be based on a breach by you of these terms and conditions, a technical reason, or for any reason whatsoever. If we suspend or terminate due to breach by you, we may but are not obliged to notify you of that breach or provide you with an opportunity to remedy that breach prior to such suspension or termination occurring.
7.4. You may discontinue your use of any of our products or services by either refraining from using the product or service or notifying us of your wish to discontinue using those products or services.
8. Changes to these Terms & Conditions
8.1. You accept that we may change these terms and conditions at any time and that any revised terms and conditions displayed on our website from time to time will apply to your use of our website, its Content, and any products or services we offer or supply. You should therefore check these terms and conditions every time before you use the website and only if you accept them should you proceed to access and use our products and services.
9.1. You may not assign any of your rights or obligations under these website terms and conditions. We may assign our rights and obligations to a third party at any time, without your consent and without providing you with advance notice of such assignment.
9.2. These terms and conditions are governed and construed in accordance with New Zealand law and you accept the exclusive jurisdiction of the New Zealand courts.
9.3. If a court of competent jurisdiction rules that any part of these terms and conditions are unenforceable for any reason, then such ruling will not affect the remaining provisions of these terms and conditions which will remain in full force and effect at all times.
9.4. These terms and conditions constitute the entire terms and conditions which are applicable between you and us. Any other documents, statements or other representations are expressly excluded.