Welcome to Comparison Advantage! We are a free, B2B hub connecting businesses with technology providers from across New Zealand. To make it easier for you (the “User” or “you”) to understand the terms on which we provide our services, we’ve tried to keep these terms and conditions (Terms) as simple as possible by using plain English.
When we talk about “Comparison Advantage”, “we,” “our,” or “us” in these Terms, we are referring to Compare POS NZ. When we talk about the “Services” in these Terms, we are referring to our Comparison Advantage website available at www.compareposquotes.co.nz (the Website) and any associated services we offer, including referring your information to our various suppliers for them to provide you with quotes for products you inquire about.
- WHO MAY USE THE SERVICES
In order to use the Services, you must be at least 18 years old or have the express consent of your legal guardian. You must also have the legal capacity (including being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside. You may not access the Services if these facts are not true.If you use the Services and accept these Terms on behalf of a company or organisation, you warrant that you have the necessary authority from that company or organisation to do so.
- HOW OUR SERVICES WORK
- REQUESTING A QUOTE
In order to use the Services, you may access our Website to request a quote or fill in a form to express your interest in a product or service (Quote).To receive a Quote, you will be asked to provide personal information such as your contact details for the purpose of us receiving a Quote.We capture your information on a sliding form. Even if you only complete a part of a form, we will retain part of your personal information and contact you to ask if you wish to complete the form.
- INITIAL CALL
After requesting a Quote, Comparison Advantage may call you on the number provided (which is at no cost to you) to discuss your business needs in relation to the Quote you requested (Initial Call).
- IDENTITY VERIFICATION
In order to validate any personal information that you provide to us, you agree to us contacting you (either by phone, email or SMS) to verify your details to ensure that Providers can properly reach you to provide a Quote that you have requested.
After the Initial Call with Comparison Advantage, or without an Initial Call if Comparison Advantage decides it is not necessary, Comparison Advantage will provide your contact details to a maximum of three (3) pre-vetted suppliers or providers related to the goods or services you have requested (Providers).The Providers will contact you (either by phone, email or SMS) to provide tailored Quotes (which is at no cost to you). From there, Providers may continue to follow up on any Quotes they have provided to you.If you have any issues with Providers, please refer to clause 8.
- INTRODUCTION FEE
Providers will pay us an introduction fee to thank us for any referral that they receive from us. This fee is at no cost to you and will be covered by the relevant Provider.
- REQUESTING A QUOTE
- ACCEPTABLE USE
We need you to make a few promises about the way you’ll use the Services.You agree:
- not to copy, reproduce, translate, adapt, vary or modify the Services without our express consent;
- not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User of the Services;
- not to act in any way that may harm the reputation of Comparison Advantage or associated or interested parties or do anything at all contrary to the interests of Comparison Advantage or the Website;
- not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
- you must not make any automated use of the Website and you must not copy, reproduce, translate, adapt, vary or modify the Website without the express written consent of Comparison Advantage;
- that Comparison Advantage may change any features of the Website or Services offered through the Website at any time without notice to you;
- that information given to you through the Website is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information;
- not to attempt to breach the security of the Website, the Services or Comparison Advantage’s system security, or otherwise interfere with the normal function of the Services, including by:
- gaining unauthorised access to Comparison Advantage data about other Users of the Services;
- scanning, probing or testing the Services for security vulnerabilities;
- overload, flood, mailbomb, crash or submit a virus to the Services or Comparison Advantage’s system; or
- instigate or participate in a denial-of-service attack against the Services or Comparison Advantage’s system; and
- to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Services comply with the Terms.
Without limiting the promises you have made above, you also agree to be bound by the clauses in our website terms [insert link] (Web Terms) when you access the Website.
- OUR CONTENT
Unless we indicate otherwise, all materials used in the Services (including text, graphics, logos, icons, sound recordings and software) are subject to intellectual property rights that are owned and licensed by us, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (Intellectual Property Rights).You may only access and use these materials for the sole purpose of enabling you to use the Services, except to the extent permitted by law or where you have received prior written approval from us.
- THIRD PARTIES
- THIRD PARTY CONTENT
The Services may contain text, images, data and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
- THIRD PARTY LINKS
The Services may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
- THIRD PARTY TERMS AND CONDITIONS
By using the Services, or any other third party service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply (including app store providers such as Apple and Google).You agree to any Third Party Terms applicable to any third party goods and services, and Comparison Advantage will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
- LINKED BUSINESSES
You acknowledge and agree that:
- the Website provides links and introductions to Providers, owned and operated by third parties that are not under the control of Comparison Advantage;
- the provision by Comparison Advantage of introductions to Providers does not imply any endorsement or recommendation by Comparison Advantage of any Listing;
- Comparison Advantage does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Providers listed on the Website; and
- any terms and conditions relating to a service, Provider or Quote provided via the Website constitute a contract between you and the Provider and do not involve Comparison Advantage in any way.
- THIRD PARTY CONTENT
- INTRODUCTION SERVICES
Comparison Advantage is a medium that facilitates the introduction of Users and Providers, in order for those Providers to provide Quotes, offers goods and services to Users. Comparison Advantage simply acts as an introduction service to Users and Providers, and does not have any obligations or liabilities to, and is not a party to any contract between, Users and Providers in relation to such offers, goods or services, or otherwise resulting from the introduction.You agree and acknowledge that:
- any terms and conditions relating to Quotes, offers, goods and services are solely between you and the Provider and do not involve Comparison Advantage in any way, except that they must not be inconsistent with your obligations under this agreement;
- as part of the Services, we provide links and introductions between third party Providers that are not under the control of Comparison Advantage;
- any Quotes and subsequent follow-ups are not under the control of Comparison Advantage, and any queries or complaints about the Quotes should be directed to the Provider;
- our provision of introductions between Providers and Users through the Website does not imply any endorsement or recommendation by Comparison Advantage of any Provider;
- we do not constantly examine, determine or warrant the legality of any Provider, or of the offers, goods and services listed by a Provider on the Website. In the event that you wish to use a Provider, you are solely responsible for making your own enquiries;
- we make no guarantee of any cost savings or any other financial outcome by facilitating introductions between you and Providers;
- any terms and conditions agreed relating to an offer, a good or a service, or Quote provided via the Website, constitute a contract between a User and a Provider and do not involve Comparison Advantage in any way; and
- all Quotes provided by a Provider are subject to change by the Provider without notice.
- DISPUTE RESOLUTION
If you have a dispute, complaint or issue with a Provider, you must communicate and resolve the complaint or issue directly with that Provider.However, if you are unable to resolve the dispute with a Provider, please notify us and we will use reasonable endeavours to attend to the issue or complaint.
- Users may be provided an opportunity to provide feedback on our Services, which may be viewed by other Users (Review).
- A User must provide true, fair and accurate information in their Review.
- If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the relevant User from posting the Review. We do not undertake to review each Review made by a User.
- To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
- You may not publish Reviews to which you have personal or professional relations.
- you have purchased a product or service from the relevant Provider; or
- you were discussing a Quote with that Provider; or
- you can otherwise document your use of the service by a Provider, including via correspondence or other interaction with the Provider
(collectively referred to as a Service Experience).
- You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
- You may not write a review about a Provider you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Provider, or work for the Provider. Similarly, you may not write a Review about a direct competitor to the Provider you own, are employed by or work for.
- Your Service Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.
- You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Provider to write a Review, you should include information about this in your Review. Incentives include the Provider offering you a gift, reward, discount or advantage for writing a Review about the Provider on the Platform.
- SERVICE LIMITATIONS
The Services are made available to you strictly on an ‘as is’ basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:
- the Services will be free from errors or defects;
- the Services will be accessible or available at all times;
- messages sent through the Services will be delivered promptly, or delivered at all;
- information you receive or supply through the Services will be secure or confidential; or
- any information provided through the Services is accurate or true.
You agree the Services are being acquired for the purposes of a business, and as such, the guarantees provided under the New Zealand Consumer Guarantees Act 1993 do not apply.
We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information, your computer systems, mobile phones or other electronic devices arising in connection with use of the Services.You should take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
(Goods and Services from Providers) Any goods or services offered or provided to you by a Provider are strictly from that Provider and not from Comparison Advantage. You acknowledge and agree that any liability for goods or services from Providers is a risk of the Provider and Comparison Advantage will not be a party to any such claim or dispute.(Limitation of liability) To the maximum extent permitted by applicable law, Comparison Advantage limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Services to $100 (NZD) in aggregate. This includes the transmission of any computer virus.(Indemnity) You agree to indemnify Comparison Advantage and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the Services and/or breach of these Terms.
(Disclaimer) All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Consumer Guarantees Act 1993) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Comparison Advantage’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
- in the case of goods, their replacement or the supply or equivalent goods or their repair; and
- in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(Consequential loss) To the maximum extent permitted by law, under no circumstances will Comparison Advantage be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, these Terms or their subject matter (except to the extent applicable law prohibits the exclusion of this liability).
The sections titled “Disclaimer”, “Survival” and “General” will survive any termination or expiration of these Terms, as well as any other provision which by its nature would reasonably be expected to be complied with after termination.
- REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
You can’t assign, novate or otherwise transfer your rights or obligations under this agreement without the prior consent of Comparison Advantage.
- GOVERNING LAW
This agreement is governed by the law applying in New Zealand.
The courts located in New Zealand will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms. Each party hereby consents and submits to the exclusive jurisdiction of those courts.
- LOCATION OF SERVICES
We make no representation or warranty that all of the features of the Services will be available to you outside of New Zealand or that they are permitted to be accessed outside New Zealand.You’re solely responsible for your decision to use the Services from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the Services.
These Terms were last updated on April 22, 2022.