Terms & Condition For Canstar Blue’s New Zealand Website

Posted by Canstar Blue November 27th 2013

Version: 24th August 2017

A. Website use and content

This website is owned and operated by Canstar Blue New Zealand Limited 3395011 (“Canstar Blue”). Your use of the Canstar Blue website and any Canstar Blue social media outlets (e.g. Twitter, Instagram, Facebook) (‘Canstar Blue Media’) on each occasion means that you accept the terms and conditions set out on this page and in the Privacy Policy. Canstar Blue New Zealand Limited 3395011 (“Canstar Blue”) may from time to time change the contents of the Canstar Blue Media (including these legal notices) without notice. If you do not accept these terms and conditions you must not visit or use the Canstar Blue Media.

The information provided in the Canstar Blue Media is a guide only and may not be complete for your purposes. Canstar Blue does not warrant the accuracy of any information in the Canstar Blue Media and recommend that you confirm it with third party product providers before acting on it. Third party product and service information is for information purposes only and must be confirmed with the company quoted. Survey results reflect the survey respondents’ subjective opinions of the product or service under consideration.

If Canstar Blue requests that you stop using the Canstar Blue Media, you must immediately comply with that request.

B. Liability disclaimer

Canstar Blue gives no warranty in relation to statements and information contained in the Canstar Blue Media and disclaims all liability to the fullest extent possible under the laws of Australia and New Zealand arising from any persons using the Canstar Blue Media or acting on the information and statements contained therein. You agree that you use the Canstar Blue Media at your own risk and subject to these terms and conditions. Canstar Blue assumes no responsibility or obligation to provide updates on any published statement or report. Where the law implies conditions or warranties that are not able to be excluded, Canstar Blue’s liability shall be limited to the re-supply of the information provided on the Canstar Blue Media.

C. Copyright

This website is owned by Canstar Blue and subject to copyright. This website may also contain third party supplied material that is subject to copyright. Canstar Blue takes no responsibility for the use of information provided on the Canstar Blue Media. Except as permitted by the Copyright Act 1994, you may not reproduce, transmit, disseminate, sell, or publish information on the Canstar Blue Media without prior written permission from Canstar Blue, provided that you may use the information for your private or internal purposes. You may not copy or use any of the graphics or other elements of the Canstar Blue Media (including look and feel) within another website. You may link to the Canstar Blue Media by text link only, and not within a frame in your website.

Any company and product names mentioned on our website are trademarks or registered trademarks of their respective companies. If a trademark owner prefers not to have its logo displayed, please let us know at enquiries@canstarblue.co.nz and we will change it to plain text.

D. Links

This website may contain links to other websites (“Link” or “Linked Website”) or via an affiliated marketing network. Such Links do not constitute an endorsement or recommendation of any material on those linked websites or any third party products and services offered by, from or through Linked Websites. Linked Websites are independently owned and Canstar Blue has no control over their content. Canstar Blue is not responsible for and shall not be liable to any party in relation to the use or content of a Linked Website. You must take your own precautions to ensure that Linked Websites are free from viruses or other potentially damaging material.

E. User contributions to the Canstar Blue Media

If you post a contribution to any of Canstar Blue’s feedback, blog, comment facilities or forum pages, you agree to the rules set out below (‘Rules’). If you breach the Rules, our administrator may delete the posting, suspend your ability to post, or ban you from posting altogether. The administrator may use its absolute discretion when taking action in relation to these rules.

The rules apply to anything that you can enter into a field on the Canstar Blue Media, or that can be published on the Canstar Blue Media (e.g. user name, post content, post responses).

1. Content you cannot post on the Website:

  • Abuse, insults, personal attacks or foul language
  • Trolling, inflammatory comments, personal messages or “religious” debates
  • Inappropriate, illegal or defamatory material
  • Advertising goods or services to buy or sell, no business advertising
  • Cross-posting or spamming
  • Content which may contain software viruses;
  • Complaints about content (see section 3 below about how to make a complaint).

2. Removal of material

  • Canstar Blue may in its absolute discretion edit or remove any material from the Canstar Blue Media at any time, including material you have posted to the Canstar Blue Media.
  • In particular (but without limiting our ability to remove other content from the Canstar Blue Media) Canstar Blue’s administrator will remove material that is defamatory, offensive or illegal immediately upon our becoming aware of it.
  • Defamation is where your post lowers or harms the reputation of another person.
  • Illegal posts include anything that encourages illegal conduct or breaks the law in any way eg. inciting others to attack a product supplier’s website, racial vilification, discriminatory comments on the basis of age, gender, or sexual orientation.
  • Offensive content is anything that you wouldn’t say in front of a prospective employer or your child’s school teacher e.g. sexual references and racist comments. It might not be illegal, but if it is offensive, the administrator will remove it. Canstar Blue’s opinion as to what is offensive is final and not open to debate.
  • Canstar Blue has instructed the administrator to take a zero tolerance approach to these posts.

3. Complaints about user contributions and posts

  • Canstar Blue may not moderate or scrutinise every single comment posted to the Canstar Blue Media.
  • It does not endorse or necessarily agree with user comments and takes no responsibility for those comments.
  • If you believe that a user comment is inappropriate, please forward a complaint to the administrator at enquiries@canstarblue.co.nz setting out
    • where the material is located on the Canstar Blue Media,
    • why you consider the material to be inappropriate and
    • your name and contact details.
  • Canstar Blue takes complaints seriously and we will act upon all complaints received provided that the relevant information has been provided.
  • If you do not provide your name and contact details with the complaint we may treat it as vexatious and not act on it.
  • We aim to deal with complaints promptly but we cannot guarantee that we will read your complaint and act on it within a particular timeframe.

4. Content

  • Canstar Blue may post comments or respond to posts from time to time. If we do this, we are not to be taken as endorsing or agreeing with the views of any user.
  • You should not post or provide to the Canstar Blue Media any information that you consider to be confidential or proprietary. All information that we receive from you via the Canstar Blue Media is deemed not to be confidential.
  • You agree that unless we state otherwise, all communications made to the Canstar Blue Media by any means are public;
  • You have no expectation of privacy in relation to posts you make to the Canstar Blue Media in any location;
  • You grant to Canstar Blue a perpetual, irrevocable, non-exclusive worldwide, royalty free, licence to use, copy, sub-licence, distribute, display, reproduce, transmit, modify, edit and otherwise exploit any public communication you make with the Canstar Blue Media, in all media and for any purpose.

F. Canstar Blue Legal Threats Policies

Our policy in relation to legal threats and demands made against Canstar Blue is at our legal threats policy page.

G. Viruses

Canstar Blue does not represent that any information (including any file) (‘Information’) obtained through the Canstar Blue Media is free from faults or defects, including computer viruses or similar malignant code. It is your responsibility to scan any such files to ensure that they are safe for your use. Canstar Blue will not be liable to you or any other person for any loss or damage (however caused) and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that liability may not be excluded, Canstar Blue’s liability shall be limited (at its choice) to the re-supply of the relevant Information, or the cost of re-supply of the relevant information.

H. Canstar Blue customer terms and conditions applicable to referral services

In some categories, Canstar Blue’s website may allow users to select a product or service and click to be transferred to the product or service provider’s website (‘Product Referral Service’). If you do not accept these terms and conditions you must immediately stop use of the Product Referral Service and not take any further action in relation to purchasing a product or service.

If you choose to use the Product Referral Service, you agree with Canstar Blue that:

  1. We are referring you to the product provider referred to on the form or on the Canstar Blue website (“Provider”) for further information about the product;
  2. By clicking an action button, (for example ‘Apply Now’, ‘Go to Site’, ‘View Plans’, ‘Details’, ‘Send Inquiry’, ‘Get Quote’, ‘Proceed’, ‘Request a Callback’), by proceeding to obtain a firm quote or by completing and submitting an application, in all cases you consent to us providing your personal information and other details in the online form to the Provider for the purpose of the Provider providing you with more information about a particular product or service;
  3. If a telephone number is shown on the form, if you telephone that number, you will be telephoning and speaking to employees or agents of the Provider and not Canstar Blue;
  4. The Provider is not our employee, contractor or agent, and we will have no liability to you in relation to your dealings with the Provider including any advice or recommendations it may make;
  5. The Provider is a product or service provider, selling its own products and services;
  6. You will make all arrangements in relation to any services you require from the Provider and you will be responsible for all fees and charges (if any) in relation to any product or service you acquire from the Provider;
  7. We make no recommendation to you about the skills, expertise or suitability of the Provider or its products for your purposes.
  8. Full details about the product or service you are interested in should be obtained and considered before making any decision about whether to acquire the product or service;
  9. We may contact you to seek your response to a survey in relation to your dealings with the Provider;
  10. We may receive a commission or other payment in relation to the referral;
  11. You have read and accept Canstar Blue’s website terms of use (this document) and the terms of Canstar Blue’s Privacy Policy.
  12. “We” and “us” means Canstar Blue New Zealand Limited, NZCN 3395011.