TERMS OF USE

Last updated: 29 January 2018

Welcome to Vector. The vector.co.nz website (the “Site”) and Vector’s mobile applications (each an “App”), including the content and services provided on them, (collectively, the “Services”) are owned, operated and provided by Vector Limited and our related companies (“Vector”, “we” or “us”).

By accessing, downloading, using or browsing the Services you accept and agree to be bound by these terms of use (“Terms”). In these Terms any person who accesses the Services is referred to as "you" or "your". If you do not agree to these Terms you should stop using the Services.

Changes to these Terms

We may change these Terms at any time without notice to you by updating them on the Site or notifying you in the App. The revised terms will take effect when they are updated or notified and your continued use of the Services means you agree to the revised terms.

This is a New Zealand site

The Services are intended to be used by people in New Zealand only. If you access the Services from outside New Zealand, you will be responsible for compliance with local laws. New Zealand law governs the Services and these Terms and the New Zealand courts have exclusive jurisdiction.

Your use of the Services

You agree that you will not:

  1. use the Services for any unlawful purpose;

  2. disrupt or interfere with the Services or servers or other software, hardware or equipment connected to or via the Services;

  3. introduce any viruses, trojan-horse type programs, malware or any other material that is malicious or technologically harmful to the Services;

  4. copy, reproduce, reverse-engineer, decompile, disassemble, resell, distribute, link to, or modify any part of the Services without our written consent (and, where relevant, the consent of our service providers), except to the extent expressly permitted by law;

  5. create a link to the Site from any other website without our prior consent; or

  6. use the Services other than as specifically permitted by these Terms.

You must comply with all third party service providers’ terms of use (for example, software providers and network service providers) when accessing and using the Services.

If you make unauthorised modifications to your personal devices iOS (such as by “jailbreaking” your device) or the Android operating system (such as by “rooting” your device), you do so at your own risk and the Services may not function as intended.  You are solely responsible for any loss or damage resulting from such unauthorised modifications.

The above terms are for the benefit of our licensors and service providers.

Intellectual property

We, or our licensors, own all Tools, content and other materials available on, or generated by, the Services (“Content”). The Content is protected by copyright, trade marks or other intellectual property rights and laws. We grant you a perpetual, non-exclusive, royalty-free licence to use the Content for your own reasonable private and non-commercial use only.

You own the intellectual property rights in any data provided by you (“Your Data”). You are solely responsible for the legality, reliability, integrity, currency, accuracy and quality of Your Data. You grant us a non-exclusive right to use Your Data to provide the Services or as otherwise expressly permitted by you. Where Your Data is personal information, we will manage it according to the provisions set out below in our Privacy Statement.

Personal information

We recognise the importance of keeping your personal information safe.  In order to deliver the Services, we need to collect accurate personal information about you, including identity and contact information, information about your use of the Services and location information.

We have explained the way we use and disclose your personal information (including information derived from cookies and location information) in our Privacy Statement. By using the Services, you agree that we may collect, hold, process, use and share your personal information in accordance with our Privacy Statement.

Cookies

We may use cookies to track your use of the Site, App or Services to help us deliver and improve the Services. A cookie is a small piece of data that a website sends to your browser that may be stored on your system.

We may use the information generated by cookies to track traffic patterns to and from our Site, App or Services including information like the pages you visit, the time you spend on each page, the date and time of your visit, and referring pages (pages you came from or go to).

You can disable your browser from accepting cookies but some Services may be unavailable if you choose to do this. By using the Site, you consent to us storing and accessing cookies on your device in connection with your use of the Site.

Analytics Tools

We use various app, web and / or email analytics tools to collect information about your use of our Services.  The information we collect through the use of such analytics tools may be information about you (e.g. Services that you engage with) or anonymous information (e.g. the number of visitors per day or the average amount of time spent on the Site or the App).  By accessing and using our Services, you consent to our use of such analytics tools to collect information about your access to and use of the Services.

Location information and Google Maps

We may use web mapping services (including those developed by Google or ArcGIS) to provide you certain Services. If you use Google Maps as part of our Services, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

We may also use Global Positioning System (“GPS”) location information provided by your device to provide you certain Services and/or to provide the App or the Site with information about your location.

The Site or the App will request your permission to use your device’s GPS location information at the time of use.

Links to other sites

The Services may contain links to other sites that we do not control. These links are provided for your convenience only. We make no representations about the accuracy of information or the quality of products and services found on any linked site. We will not be responsible for the content of any of those sites or for any loss or damages suffered as a result of you using any linked sites.

Information and tools on the Services

The Services may include information, advice or data, including calculators, estimators, or other tools (collectively, “Tools”). Such Tools are not intended to substitute your own judgment or any advice provided by your own professional advisors. All Tools are supplied under the condition that, where appropriate, you will seek independent advice and make your own judgment as to whether they are suitable for your purposes before you use them or rely on them.

You acknowledge that the Tools are for information purposes only, and that any assumptions used and figures generated are for purposes of general illustration and reference only and depend on a variety of factors which may not apply to your unique situation. You must not use, or rely in any way on, the Tools in a way which could make us liable to you or any third party.

Alerts

We may make available an optional alert service that allows you to receive pre-determined information electronically (including via email, text, or other electronic messaging services) (“Alerts”).  If you agree to receive the Alerts this will be subject to the following terms:

  1. you consent to receiving Alerts that are not encrypted and might include personal or confidential information about you;

  2. you are solely responsible for ensuring that your receipt of Alerts (whether via a computer or mobile device) is adequately secure;

  3. we are not liable for the accuracy of the information you supply to us when setting up, changing or deleting your Alerts or for any unavailability or malfunction of any Alert service. This includes the sending of Alerts to incorrect email addresses or mobile phone numbers entered or otherwise provided by you. We are not liable for any internal or external use that you or anyone else may make of any data or information provided through or in relation to Alerts;

  4. you agree to promptly tell us about any error or discrepancy relating to Alerts or the Services or any information provided by Alerts or Services. You also agree to immediately tell us about any unauthorised access to, or activity on, your account that you become aware of through the Alerts and comply with all our reasonable instructions in relation to the same;

  5. we can, from time to time, change the form and content of the Alerts without telling you first;

  6. we may suspend or cancel your access to Alerts and we will use reasonable efforts to contact you first except where we are prevented from doing so for reasons beyond our control; and

  7. you can cancel your use of Alerts at any time by updating your settings on the Site or in the App.


Changes to the Services

We can, at any time and for any reason, make changes to (including adding and removing) the functionality, format, Content, means of access, or operating system specification for, the Services (or part of them), with or without notice to you and you shall comply with all our reasonable instructions in relation to any changes to the Services. We will use reasonable efforts to ensure that any updates to the Services do not cause any problems to your use of the Services. Our liability to you if any such problems arise is limited by these Terms.

The Services are provided without warranty

If you are using the Services for non-business purposes then you may have rights under the Consumer Guarantees Act 1993 or other legislation. Nothing in these Terms is intended to affect any rights that we are unable to exclude or limit by law.

If you are using the Services for business purposes then you agree that the Consumer Guarantees Act 1993 will not apply to your use of, or any reliance on, the Services.

We do not represent or warrant that the Services or any part of them will:

  1. operate on a continuous or fault-free basis or at any particular time or location;

  2. be secure or private; or

  3. be free of viruses or other harmful features (including any files displayed or obtained from or through the Services or any website linked to them).

We do not warrant the accuracy, correctness, reliability, adequacy, suitability for purpose or completeness of any Services, including any Tools.

All Content provided via the Services is provided "as is" and "as available" and without warranties of any kind, whether express or implied, and you use and rely on the Content and the Services at your own risk. To the extent permitted by law Vector disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Our liability is limited

To the extent permitted by law Vector is not liable for any loss, damage or cost (whether direct or indirect) incurred by you as a result of:

  1. your use of, or your inability to use, the Services;

  2. your reliance on and use of the Tools, any data or information generated by using the Tools or on the Site, or the materials in any sites linked to the Services;

  3. any fault or error of the Services; or

  4. any modification, discontinuance or restriction of the Services,

even if we (or our authorised representative) have been advised of the possibility of such loss, damage, cost or expense. To the extent liability cannot be excluded, our liability is limited to $50.

Your responsibility if you breach these Terms

Your liability for any breach of these Terms is limited to $50 but this limit does not apply to any losses, damages and costs (whether direct or indirect) incurred by us as a result of your wilful breach of any of these Terms, fraud, breach of any intellectual property rights, or breach of any applicable law.

Your username and password

Access to some Services may require registration. You agree that all information you give us when registering or using the Services is true, accurate, up to date, complete and not false, misleading or deceptive in any material way.

If you register with us, you must ensure that you keep your username and password confidential at all times and that you do not disclose them to anyone. You agree to ensure that only the registered user uses the Services through your account

It is your responsibility to immediately notify us of any unauthorised use of your account or any other breach of security as soon as you become aware of it. We reserve the right to require users to change their username and passwords if necessary for security reasons.

Closing your account

We reserve the right to close any of your accounts (subject to any other terms that apply to such accounts), or to suspend your right to use any or all Services, at any time in our sole discretion.

You can cease using the Services at any time. Simply removing the App from your mobile device will not have the effect of closing any of your accounts.

You will remain responsible for Your Data and any activity through your accounts.

Apple Inc. software licence (for iPhone or other Apple mobile device users)

You acknowledge that these Terms are between us and you, and not Apple Inc. You are given a revocable, non-transferable and non-exclusive licence to install and use the App (including any updates to it) on a mobile device owned and controlled by you in accordance with these Terms and the Apple Usage Rules in the App Store Terms of Service.

If the App fails to conform to any applicable warranty (whether under New Zealand consumer law or otherwise), Apple will refund the purchase price (if any) for the App. However, subject to these Terms, we are solely responsible for the App, and Apple Inc. is not responsible for the App in any way. To the extent permitted by law, Apple Inc. has no warranty obligations whatsoever with respect to the App. You agree that we, and not Apple Inc., are responsible for the following things:

  1. the content of the App;

  2. addressing any claims by you or a third party in relation to the App, including but not limited to product liability claims, claims that the App fails to confirm to legal or regulatory requirements or consumer protection claims;

  3. investigating any claim that the App breaches third party intellectual property rights, and for defending, settling or discharging such claim; and

  4. maintenance and support services for the App.

You warrant that you are not located in a country that is subject to a US Government embargo or is designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties.

You acknowledge and agree that:

  1. Apple Inc. and its subsidiaries are third party beneficiaries of these Terms and that Apple Inc. has the right to (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary; and

  2. ‘iPhone’ and the ‘App Store’ are trademarks of Apple Inc., registered in the U.S. and other countries.
     

Third party rights

The Terms that give rights to our service providers or licensors are for the benefit of, and are enforceable by, our service providers or licensors under the Contract and Commercial Law Act 2017, Part 2, Subpart 1 (and its successive legislation).

Contact us

If you have any questions or complaints about the Services (including the App), please email us here or call us on 0508 VECTOR (0508 832 867).