Terms & Conditions
Welcome to consumersmart.co.nz (the “Site”). This Site is intended to provide information about and access to Consumer Smart Ltd's services. It allows you to interact with us and others and provides you the opportunity to contact us directly. While we want you to enjoy the experience of visiting our Site, we also want you to understand the terms to which you agree when visiting the Site. References to “we,” “our,” “us” or “Consumer Smart” herein refer to Consumer Smart Ltd.
Compliance with Terms; Product and Service Purchases
You agree to use the Site only in accordance with the Terms. If you do not agree with the Terms, do not use this Site or any of its features.
If you elect to purchase or otherwise obtain access to any of Consumer Smart products and services, or any Advertisers products or services, you acknowledge and agree that your access to and use of all such products and services shall be subject to and governed solely by the terms of Consumer Smart’s then-current Service Agreement, available upon request.
We may amend or terminate any Terms at any time and such amendment or termination will be effective at the time we post the revised Terms on the Site. Each time you use the Site you should visit and review the then current Terms that apply to your transactions and use of this Site. Your continued use of the Site after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Site, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site. The Terms are the entire agreement between you and Consumer Smart with respect to your use of the Site.
Use of the Site and its features is void where prohibited. By using the Site and its features, you represent and warrant that (a) you are not a minor and may otherwise enter into and form binding contracts under applicable law; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of the Site and its features does not violate any applicable law or regulation.
The Terms, as we may revise them from time to time, shall remain in full force and effect while you use the Site features.
Your Use of the Site
Users have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site and to interact with the Site solely for their own Personal use and business use. You agree not to use the Site for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof or use it in any manner not expressly authorised by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site.
Tampering with the Site, misrepresenting the identity or age of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.
Consumer Smart is not responsible for and makes no warranties, express or implied, as to any content on the Site, including, without limitation with respect to the accuracy and reliability of the Consumer Smart Content, User Content or other content posted on or through the Site, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by the Site, or otherwise. The User Content does not necessarily reflect the opinions or policies of Consumer Smart. Profiles and third party applications created and posted by Members on the Site may contain links to other websites. Consumer Smart is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Consumer Smart. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Consumer Smart. When you access these third party sites, you do so at your own risk. Consumer Smart takes no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers. Consumer Smart is not responsible for the conduct, whether online or offline, of any User of the Site including, without limitation, any content posted by any User.
Consumer Smart assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication.
Consumer Smart is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any portion of the Site or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site.
Under no circumstances shall Consumer Smart be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, from any User Content posted on or through the Site or from the conduct of any Users, whether online or offline. Additionally, Consumer Smart shall have no liability for any viruses or any losses suffered due to malicious software beyond our reasonable control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site.
Limitations of Our Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED NZ DOLLARS ($100).
You agree to indemnify and hold Consumer Smart, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Site in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post or third party transaction that you enter or attempt to enter in connection with the Site.
No party to this agreement shall commence any court or arbitration proceedings relating to a dispute or difference arising out of, or related to, this agreement, unless that party has first complied with this clause.
The parties agree to mediate any dispute or difference arising out of, or in connection with, this contract, or the subject matter of this contract, including any questions regarding its existence, validity or termination. Should the parties not be able to agree upon the selection of a mediator and/or the terms and/or the fees, within 5 working days from the date one party delivers written notice to the other party that they wish the dispute or difference be resolved by mediation, then either party may request the appointment of the mediator and the standard terms, including fees by the Chair for the time being, of LEADR New Zealand Incorporated, who will determine such matters. Should a party fail to attend the mediation joint meeting, then that party shall be responsible for all the costs of the mediation.
ConsumerSmart Ltd Remuneration
Users of the site acknowledge that Consumer Smart Limited, may receive remuneration by way of fees/commissions from suppliers, lead referrals or membership fees.
The Terms are accepted upon your use of the Site or any of its features. The Terms constitute the entire agreement between you and Consumer Smart regarding the use of Site and it’s services and features. The failure of Consumer Smart to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.