Website Terms and Conditions
- 1 Website
- 1.1 The use of this website www.resimac.co.nz ("Site") and all products and services accessed from the Site are governed by these terms and conditions, and by using this website you agree to use the Site and those products and services in accordance with these terms and conditions. Products and services shown on the Site are, or may be, subject to their own terms and conditions. Terms specific to a particular product or service prevail over these terms and conditions in the event of any inconsistency.
- 1.3 In these terms and conditions and on the Site "you" and "your" means the person accessing and using the Site, and "we", "us", "our" and "Resimac" means Resimac NZ Home Loans Ltd, its related entities, subsidiaries, successors, assigns, agents and associates.
- 2 Use of the Site
- 2.1 All content of the Site is provided to you for information purposes only. No offer is being made by us in the Site to enter into any legal relationship with you. All credit applications will be subject to our usual lending criteria, terms and conditions. Fees may apply. You are responsible for seeking professional advice in connection with the information provided on the Site.
- 2.2 Given the inherent characteristics of electronic communication, there may be delays, omissions or inaccuracies in information contained in the Site. To the extent permitted by law, we do not accept any liability in this regard. While we have made every effort to ensure the security of the Site, given the inherent lack of security of electronic communication you acknowledge that any information you provide to us is not necessarily secure, and you do so at your own risk.
2.3 While every attempt has been made to ensure the information contained in the Site has been obtained from reliable sources, we are not, to the extent permitted by law, responsible for any errors or omissions, or for the results obtained from the use of this information (including information posted to the Site by other users). To the extent permitted by law, the information on the Site is provided "as is" with no guarantee of completeness, accuracy or timeliness and without express or implied warranties, including without limitation any warranty that the Site is free from viruses or other defects. Your use of the Site is at your own risk.
2.4 Certain links in the Site may connect to other websites maintained by third parties over whom we have no control. We make no representations as to the accuracy or any other aspect of information contained in any other websites. You use the information and links at your own risk. Links to any other websites do not indicate any endorsement, approval, recommendation or preference in relation to the owners of, or information on, that website. We make no guarantee that any such links will be maintained or regularly updated.
2.5 We have made every attempt to ensure the Site complies with relevant laws and regulations, including protection of your privacy, of New Zealand. Any information contained on the Site is intended to apply within New Zealand only and to the provision of services in New Zealand. Any services described in the Site are offered only to persons resident in New Zealand unless expressly stated otherwise. [Drafting Note: To discuss Site content and Non-resident loans] You warrant that you are in full compliance with all New Zealand laws, regulations and requirements when using the Site.
- 3 Liability
3.1 Neither Resimac Home Loans nor any other party involved in the creation or administration of the Site, shall be liable (including negligence) to you or anyone else in respect of any loss or damage (including, without limitation, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with any use of or access to the Site or the use or reliance on the information on or accessed through the Site (including any link to a third party website). To the extent permitted by law, we exclude all warranties, conditions and representations (express or implied) arising out of the use of the Site or any ancillary product or service.
3.2 We will not be liable for any failure to fulfil any of these terms and conditions where that fulfilment is delayed or prevented, restricted or interfered with for any reason beyond our control, including but not limited to fire, storm, flood earthquake, accident, labour dispute, materials or labour shortage, outages in telecommunications or radio communications networks, law or regulation or an act or omission of any third person.
- 4 Intellectual Property
4.1 All intellectual property rights and information in the Site are, and at all times remain, the property of Resimac Home Loans. You may use this information for your personal purposes only and any information cannot be used or reproduced, distributed or transmitted to any person or included in any document without our prior written consent. A hard copy of any information on the Site may be reproduced for your personal reference but must retain all copyright and any other proprietary notice on that hard copy. You have no right to assert any right or interest in any material so reproduced.
4.2 You are not permitted to link to any page of the Site without our prior written consent. You acknowledge where you do link to the Site (either with or without our consent) you are responsible for the consequences of creating that link and you indemnify us from all liability, costs, expenses, loss or damage resulting from the link.
- 5 User Created Content
The Site includes blogs that allow communication between users and Resimac Home Loans. Content added by a user of the Site is called “User Created Content” or “UCC”.
If you wish to view a blog or add UCC then you must adhere to these terms and any specific rules posted on the blog. Ownership of the UCC material posted in a blog or we publish on the Site will remain with you. However, you agree that if you post UCC to a blog then you are granting us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to publish, re-use, archive, modify, delete or commercially exploit that UCC in whole or in part in our complete discretion, whether on the Site or otherwise, without any requirement to pay you for this and with or without attribution to you.
Notwithstanding this licence, we are under no obligation to use any UCC posted by you. You also waive any moral rights that you may have in regard to the UCC.
You hold full responsibility for all UCC that you or we publish and unconditionally and irrevocably indemnify us for any claim made against us by any third party where your UCC is in breach of these terms and conditions.
You agree that you will:
- post or publish only original UCC on the Site and will not infringe the intellectual property or other rights of any third party when publishing UCC.
- not post, link to or otherwise publish any UCC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication.
- not post, link to or otherwise publish any UCC with recommendations which constitute financial advice.
- not post, link to or otherwise publish any UCC that is threatening, abusive, defamatory, indecent or otherwise unlawful.
- not disguise the origin of any UCC and not impersonate any person or entity (including RESIMAC Home Loans or any employee of RESIMAC Home Loans or other users) or misrepresent any connection with any person or entity.
- not post or otherwise publish any UCC unrelated to the blog topic.
- not post or transmit any UCC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment.
- not collect, harvest, trace or store other users’ personal information.
- not restrict or prevent any other user from using the blog.
Some users may not behave properly and may post UCC that is misleading, untrue or offensive. We are not able to continually monitor all UCC posted to the Site but where we have actually been notified notice of any UCC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we reserve the right to review that UCC, determine whether to delete it from the Site and act accordingly. If you consider that any UCC published on the Site infringes any of your person’s legal rights or is not permissible under these terms and conditions, please advise us immediately with full details by contacting us at email@example.com.
- 6 General
6.1 The Site and these terms and conditions are governed by the law in force in New Zealand and the parties agree to submit to the non-exclusive jurisdiction of the courts in New Zealand.