Terms of Use

About This Website

This website is operated by zipMoney Payments (NZ) Limited (NZCN 6002009, FSP 506066) (“ZIP”) under the domain name “www.zipmoney.co.nz” (“ZIP Website”). By using, accessing, viewing or otherwise relying on the information, graphics and materials on the ZIP Website (“Material on this website”) you agree to be subject to these Terms of Use and ZIP’s Privacy Policy (available at www.zipmoney.co.nz), as amended from time to time. You should review the Terms of Use each time you visit the ZIP Website. If you do not agree to be bound by the Terms of Use, please immediately discontinue your use of the ZIP Website.

In addition to the terms in these Terms of Use, there may also be specific terms governing your use of, and access to, certain sections of the ZIP Website. Those specific terms also form part of these Terms of Use and you will be bound by them. You should review them wherever they are accessible by you on the ZIP Website.

These Terms of Use are in addition to the specific Terms and Conditions that apply to the provision of goods and services offered by ZIP.

ZIP reserves the right to vary or modify the information contained on the ZIP Website, to change or discontinue any feature or part of the ZIP Website, to change the hours of availability and the equipment required to obtain access to the ZIP Website, without notice and without liability.

Links to Other Websites

The ZIP Website may contain links to other websites operated by third parties (“Third Party Websites”). Any such links are provided for convenience only. You link to any Third Party Website at your own risk. ZIP does not endorse, approve of or recommend those Third Party Websites, and is not responsible for the information, graphics and material they contain (“Third Party Material”).

All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Website operator. In so far as such offers and statements are made on the ZIP Website, such offers and statements are made by ZIP on behalf of the Third Party Website operator. ZIP expressly disclaims acting in any other respect on behalf of Third Party Website operators.

Subject to any rights at law which cannot be excluded, ZIP makes no warranties or representations:

  • regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or
  • that Third Party Material does not infringe the intellectual property rights of any person.

When you follow a link on the ZIP Website, Third Party Material may be displayed in your browser framed by Material on this website. This material is also Third Party Material for the purpose of these Terms of Use.

By linking Material on this website to Third Party Material, ZIP does not authorise the reproduction of Third Party Material. If you download software from a Third Party Website, use of that software may be subject to a licence agreement between you and the Third Party Website operator. To the extent permitted by law, ZIP accepts no responsibility or liability for that software.

ZIP may receive payments from operators of Third Party Websites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Website from the ZIP Website.

Product Information and Supply

Material on the ZIP Website may contain general information about ZIP products and services. Unless expressly stated otherwise, this information:

  • does not constitute an offer or inducement to enter into a legally binding contract;
  • does not form part of the terms and conditions for ZIP products and services; and
  • is not intended to be financial advice and does not take into account any user’s objectives, financial situation or needs.

All information is subject to change without notice. ZIP recommends that you seek independent advice before acting upon Material on this website or Third Party Material. For further information about a particular product or service please contact ZIP at [email protected]

All applications for credit are subject to ZIP’s normal credit approval criteria.

Unless expressly agreed otherwise, products and services referred to on the ZIP Website will be provided only to New Zealand residents. These products and services are generally not available to non-New Zealand residents because they may not comply with non-New Zealand laws.

Disclaimer

While we have made every effort to ensure that information is free from error, ZIP does not warrant the accuracy, adequacy, suitability, timeliness or completeness of Material on the website or that it is suitable for your intended use. Use of the ZIP Website is at your own risk. ZIP does not guarantee that the ZIP Website or Third Party Websites will be free from viruses, that the ZIP Website will be available, or that access to the ZIP Website or Third Party Websites will be uninterrupted, timely, secure or error free. You are responsible for taking appropriate precautions for the protection of your computer system and data.

Limitation of Liability

Subject to any liability which cannot be excluded by law, ZIP is not liable to you, whether in contract, tort (including negligence), statute or otherwise, for any losses, damages, liabilities, claims or expenses (including but not limited to legal costs and defence or settlement costs), direct or indirect, or any incidental, special or consequential loss or damage (including loss of programs or data, loss of business, business interruption, or lost profits), whatsoever arising out of or referable to:

  • your use of the ZIP Website;
  • Material on this website;
  • any variation, suspension or termination of use of the ZIP Website;
  • your use of Third Party Websites; or
  • Third Party Material.

If your use of the ZIP Website results in the need for servicing or replacing of equipment, ZIP will not be liable for those costs.

Where liability of any kind (including for a breach of a condition or warranty implied by law or otherwise) cannot be excluded, any liability incurred by ZIP is limited to the extent possible, at ZIP’s option, to the resupply of the Material on the website or the reasonable costs of having the Material on the website resupplied.

Termination

Your use of and access to the ZIP Website may be terminated at any time by ZIP without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by ZIP will survive termination.

Jurisdiction

The information on the ZIP Website complies with New Zealand law and, unless otherwise stated, is only intended for persons within New Zealand. The ZIP Website may not comply with the laws of countries other than New Zealand and is not directed at, and should not be relied upon by, persons in any other country. If you access the ZIP Website from other jurisdictions, you are responsible for compliance with applicable local laws.

Copyright and Trade Marks

Copyright in the Material on this website is owned by or licensed to ZIP.

Except where necessary for viewing the Material on this website on your browser, or as permitted under
applicable laws or these Terms of Use, no Material on this website may be reproduced, adapted, uploaded
to a third party, linked to, framed, distributed, displayed or transmitted in any form by any process without
the specific written consent of ZIP.

You must not use any trade mark displayed on the ZIP Website in any way without our express written
consent.

Privacy and the Use of the Website

ZIP does not collect any personal information about you when you use the ZIP Website unless:

  • you provide it to us by completing an online application or online form or supplying us with your email address; or
  • you log on and use the services available on the ZIP Website.

ZIP may also use third parties to collect statistical information to measure the effectiveness of our online advertising. Any third party involved in this process will not collect personal information.

If you use a link from the ZIP Website to a Third Party Website, the Third Party Website operator is responsible for the security and privacy of your information when you are viewing that website.

ZIP’s collection and use of your personal information is described in the ZIP Privacy Policy. By accessing, viewing or otherwise using the ZIP Website you agree to be subject to the ZIP Privacy Policy.

Our Use of “Cookies”

“Cookies” are small files of data that reside on your computer and allow us to recognise you as a ZIP customer if you return to the ZIP site using the same computer and browser or otherwise use the ZIP Services. We send a “session cookie” to your computer if and when you log in to your ZIP account by entering your email address and password. We use these cookies to recognise you if you visit multiple pages in our site during the same session, so that you don’t need to re-enter your password multiple times. Once you log out or close your browser, these session cookies expire and no longer have any effect.

We also use longer-lasting cookies to display your email address on our sign-in form so you don’t have to retype the email address each time you log in to your ZIP account or otherwise use the ZIP Services. Our cookie files are encoded so that your email address and other information can only be interpreted by ZIP. We may, however, share cookie information with certain merchants with whom we have an official comarketing relationship regarding whether a user identified by the merchant is already registered with ZIP.

We and our service-providers also use cookies to customise our services, content and advertising; measure promotional effectiveness, and promote trust and safety. You may encounter cookies from third parties when using the ZIP Services on websites we do not control. For example, if you view a web page created by a third-party or use an application developed by a third party, there may be a cookie placed by that web page or application.

Linking to the ZIP Website

Please contact ZIP’s Marketing Department if you would like to place a link to any part of our website. You must not link to the ZIP Website without our express permission.

Acceptance and Changes to Terms of Use

You acknowledge and agree that your use of the ZIP Website indicates your acceptance of these Terms of
Use and the Privacy Policy as varied from time to time.

These are the current Terms of Use. They replace any other terms of use for the ZIP Website published on
the ZIP Website to date. ZIP may at any time vary the Terms of Use by publishing the varied Terms of Use
on the ZIP Website, and that publication will be notice to you of the variation. Your subsequent use of the
ZIP Website after any varied Terms of Use are published on the ZIP Website constitutes acceptance of the
varied Terms of Use.

ZIP reserves any rights not expressly granted in these Terms of Use.