Terms and Conditions

General Terms of Use

Terms of Use
Thank you for visiting OfferZone.co.nz, a website owned and operated by TrustPower Limited. These terms and conditions (“Terms”) incorporate the Privacy Policy which taken together describe the rules that must be obeyed by any person who accesses or uses the Site.

Interpretation

In these Terms, unless the context otherwise requires: 

“Content” means any software, data, information, pictures, graphics and other materials published or made available on the Site, including Third Party Content and any user generated content.

 “Goods” means any goods that are offered by a Seller.

“Member” means a User that has completed the registration process and created an account.

 “Offer” means the Goods and/or Services being offered by a Seller at a discounted rate and promoted through the Site.

“OfferZone” means TrustPower Limited.

“Seller” means any participating seller, vendor, trader or dealer that has agreed to make Goods or Services available to Members at a discounted rate.

“Services” means any services that are offered by a Seller.

“Site” means the website operated by OfferZone at and from the URL address www.offerzone.co.nz

“Third Party Content” means Content supplied by third parties, including Sellers and Users of the Site.

“User” means any user of the Site.

“Voucher” means vouchers used by Members to redeem Goods or Services in an Offer.

“we”, “us” and “our” are a reference to TrustPower Limited.

“you” and “your” are a reference to users of the Site, including Members, as the case requires.

Accepting the Terms
By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site.

Changes to the Terms

OfferZone has the right to modify, suspend or discontinue any feature or aspect of the Site at any time in its sole discretion.

OfferZone also has the right to change the Terms at any time in its sole discretion. OfferZone will notify Members of any changes to the Terms when Members log in to their account.  In this case, Members will be required to agree to the new Terms to continue using the Site. You agree that OfferZone is and will not be liable to you for any modification, suspension or discontinuance of the Site or the services it provides.

Personal information

       (i)            You may be required to provide personal information (such as identification or contact information) in order to take up Offers displayed on the Site. You agree that any registration information you give to OfferZone will be accurate, correct and up to date.

     (ii)            Any personal information provided to OfferZone may be stored by OfferZone in accordance with the Privacy Policy set out below.

Passwords and account security
If you register as a Member you will be required to choose a password. You agree and understand that you are responsible for safeguarding and maintaining the confidentiality of passwords associated with your account. You agree that you will not disclose your password to any third party and that you will be solely responsible for all activities that occur under your account, whether or not you have authorised such activities or actions. If you become aware of any unauthorised use of your password or of your account, you must notify OfferZone immediately at enquiries@offerzone.co.nz.

Conduct of Users

       (i)            You agree not to do any of the following (either directly or indirectly) while using the Site:

a)         hack into any part of the Site;

b)         transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us;

c)         breach any applicable law or regulation;

d)         defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

e)         commit or encourage a criminal offence;

f)          disrupt an exchange of information between Users or otherwise act in a manner that negatively affects other users; or

g)         engage in any other conduct that OfferZone considers (in its sole discretion) breaches the Terms or is otherwise inappropriate for or detrimental to the Site and its operation.

     (ii)            You will not post or transmit any Content on the Site that:

a)         is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable;

b)         is or is reasonably likely to be unsuitable for persons under the age of 18 years;

c)         infringes the intellectual property rights of any person;

d)         you know or suspect to be false or misleading;

e)         contains any virus or other destructive component;

f)          is prohibited by or violates any applicable law or regulation; or

g)         otherwise breaches the Terms.

    (iii)            You will ensure that any use you make of the Site will be made in good faith.

Offer redemption
Members must redeem Vouchers in the manner stipulated by the Seller in the Offer. Redemption of all Vouchers is subject to the limitations and rules set by the Seller responsible for the relevant Offer (whether these are displayed on the Site or not), and such Vouchers may not be available for use and redemption by individuals located outside New Zealand.

Validity of Offers

       (i)            All Offers are considered invalid in conjunction with any other deals, promotions, discounts, vouchers or coupons unless otherwise stated.

     (ii)            You understand that:

a)       the Offer expires on the date specified on the Voucher;

b)       the Voucher is your sole responsibility. Neither OfferZone nor the Seller will be responsible for damaged, lost or stolen Vouchers;

c)       OfferZone only distributes Offers on the Site for the Seller making the Goods and/or Services available and you should contact the relevant Seller for redemptions, after-sales service, support and inquiries in relation to the Goods and/or Services which are the subject of the Offer; and

d)       the Terms are in addition to any other terms and conditions displayed in the fine print shown for each Offer.

Responsibility over Offers
Offers displayed on the Site are distributed by OfferZone on behalf of Sellers only. While OfferZone endeavours to ensure that all information on the Site is genuine and accurate, OfferZone takes no responsibility for the validity or accuracy of the Offers displayed, or whether the Offers are honoured by the Sellers named.

Content of Offers

    (i)              OfferZone is not responsible for, and has no control over, the accuracy, availability, or legality of any Offers made by Sellers on the Site.  

   (ii)              OfferZone does not endorse, warrant or make any representation about Third Party Content transmitted via or posted on the Site.  OfferZone takes no responsibility for the Third Party Content or for any inaccuracy or omission contained in it.

 (iii)              The views expressed in Third Party Content may not be the views of OfferZone. While OfferZone endeavours to monitor Third Party Content and exercise editorial control where possible, you acknowledge that you use and rely on the Third Party Content obtained through the Site at your own risk.

 (iv)              OfferZone may at any time, in its sole discretion:

a)       refuse to distribute any Content that it considers will breach the Terms or is otherwise inappropriate for the Site; or

b)       edit or remove Content where it determines that the Content breaches the Terms or is otherwise inappropriate for the Site.

 Electronic communications
OfferZone will generally communicate with you by electronic means, such as e-mail. You give consent that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy
Privacy is taken very seriously at OfferZone. Please see our full Privacy Policy below for details.

Trademarks and Intellectual Property
All content and software on the Site is the property of OfferZone and its affiliated companies, partners, or content suppliers. This includes, but is not limited to, all text, images, graphics, logos, and software code. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have received specific permission to do so from OfferZone or by the owners of the relevant content.

All rights to the Site (including rights in text, graphics, selection, arrangement and overall website design) are reserved and no right or licence is granted or implied under any copyright, patent, trade mark or other intellectual property right of OfferZone or any other party as a consequence of the publication of any material on this Site.  

Termination

You or OfferZone may terminate your membership of the Site at any time.  Your membership of the Site will be immediately terminated if you cease to be a customer of TrustPower Limited.  Without limiting the foregoing, OfferZone has the right to immediately terminate your membership of the Site:

        (i)            in the event of any conduct by you which OfferZone, it its sole discretion, considers to be unacceptable; or

      (ii)            in the event of a failure by you to comply with any of these Terms.

Disclaimers and Limitation of Liability
OfferZone makes no representations or warranties of any kind, express or implied, as to the operation of the Site or to the content, information, products, or services featured on the Site. OfferZone provides the Site on an “as is” and “as available” basis.

       (i)            You expressly agree that your use of the Site is at your own risk.

     (ii)            To the fullest extent permissible by applicable law, OfferZone disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

    (iii)            OfferZone does not warrant that the Site, servers, or emails sent from the Site are free of harmful components, such as viruses.

    (iv)            Neither OfferZone, nor any third parties providing content or services shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or other defects in, or untimeliness or unauthenticity of, the information contained on the Site, or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising from this.

     (v)            To the fullest extent allowed by law, OfferZone shall not be liable for any damages of any kind arising from use or the inability to use the Site, including but not limited to direct, indirect, incidental, consequential, special, exemplary, or punitive damages, even if OfferZone has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

    (vi)            You agree that if OfferZone is held responsible for any damage or loss, OfferZone’s total liability to you for all damages, losses and causes of action (whether in tort, including but not limited to negligence, contract, or otherwise) will not exceed the amount paid by you, if any, for accessing the Site.

Consumer Guarantees Act

If you are business using the Site, then you agree that the provisions of the New Zealand Consumer Guarantees Act 1993 will not apply to your use of the Site or your reliance on the Site.

Indemnity
You acknowledge and agree to indemnify and hold OfferZone, its affiliates, officers, shareholders, agents and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

        (i)           your use of the Site, including use of the Site to provide a link to another site or to upload content or other information to the Site; and

     (ii)            your use of any Offer and any other copies distributed such as photocopies or forwarded messages from the printing or download of that Offer.

Governing Law
The Site and these Terms are governed by and to be interpreted in accordance with the laws in force in New Zealand and in the event of any dispute arising in relation to these Terms or their subject matter you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand over such dispute.

General

       (i)            These Terms constitute the entire agreement between OfferZone and you with respect to your use of the Site.

     (ii)            A failure by OfferZone to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.

    (iii)            If a Court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

    (iv)            OfferZone shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of OfferZone.

Privacy Policy

OfferZone and Privacy

OfferZone must comply with privacy legislation when dealing with personal information. We respect your privacy and comply with the Privacy Act 1993. You are entitled to access the personal information we hold about you, and request that we amend it if it is incorrect.

If you have any questions regarding the full privacy statement below or wish to view or amend the personal information that we hold about you please contact us directly using this link or at the following address: TrustPower Limited t/a OfferZone, Private Bag 12023, Tauranga Mail Centre, Tauranga 3143.

How does OfferZone use or disclose my information?
OfferZone never discloses your personal information to any third party unless you have instructed or authorized us to do so in advance.

Your email address may be used in private correspondence with you for customer service issues. We may also use your email address to send you updates regarding offers on your watchlist or news regarding our site, but you may choose not to receive email of this type by changing your preferences in the “My Details” section of the Site. At any time you may update what communications you receive from us by updating the saved searches on your watchlist.

OfferZone may run competitions or promotions from time to time and in order to notify you if you are a competition winner, we may contact you via your personal information. Competitions or promotions may be sponsored by organisations other than OfferZone. Some of your personal information may be shared with the sponsor organisation to allow them to communicate with you regarding the prize or promotion.

Do you send unsolicited emails or direct mail?
OfferZone does not use the personal details it collects as a source for unsolicited emails or unsolicited postal mail.

How does OfferZone keep my information secure?
OfferZone has reasonable and appropriate electronic and physical security measures in place to protect against the loss, access, misuse and, alteration and/or unauthorised disclosure of the information under our control. Please be advised, however, that while OfferZone strives to do everything reasonably possible to protect your personal information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to OfferZone and cannot be responsible for the theft, destruction, or inadvertent disclosure of your personal information where our security measures have been breached. These activities are conducted at your own risk.

What are cookies and how does OfferZone use them?
A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer's hard drive, then sent back to the server by your browser each time you access certain sections of the site

Like many sites on the Web, OfferZone uses cookies to store and track information about you when you're on our site so that we can better provide personalised services that better match your needs and interests. We also use cookies to assess which features on the site are popular among our users.

What about links to other sites?
OfferZone has links or references to other websites from our site and you need to be aware that our Privacy Policy does not cover those sites. OfferZone takes no responsibility for the privacy practices of other websites.

What if I'm a resident outside of New Zealand?
Our Site is accessed by people all over the world, in different countries with different laws. By visiting our Site and providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in this policy. In addition, such data may be stored on servers located outside your resident jurisdiction, which may have less stringent privacy practices than your own.  By providing us with your data, you consent to the transfer of such data.

If you have any questions regarding our Privacy Policy or any questions or comments at all, please contact us via email at enquiries@offerzone.co.nz, or write to:

TrustPower Limited t/a OfferZone , Private Bag 12023, Tauranga Mail Centre, Tauranga 3143

Seller Terms (“Terms”)

Interpretation

In these Terms, unless the context otherwise requires:

"Act" shall mean The Fair Trading Act 1986.

“Content” means any software, data, information, pictures, graphics and other materials published or made available on the Site, including Seller Offers, third party content and any user generated content.

“Goods” means any goods that are offered by a Seller.

“Member” means a User that has completed the registration process and created an account.

“Offer” means the Goods and/or Services being offered by a Seller at a discounted rate and promoted through the Site.

“OfferZone” shall mean TrustPower Limited.

"Seller, you or your" shall mean the person, company, or organisation that has agreed to make Goods or Services available at a discounted rate on the Site.

“Services” means any services that are offered by a Seller.

"Site" shall mean the website operated by us at and from the URL address www.offerzone.co.nz    

“User” means any user of the Site.

“Voucher” means a voucher issued to Members to redeem Goods or Services in an Offer.

“we”, “us” and “our” are a reference to TrustPower Limited.

The Site and its functionality

The Site is provided by OfferZone on an "as is" and "as available" basis.  OfferZone reserves the right to modify, suspend or discontinue the Site, in its sole discretion, at any time and without notice.  You agree that OfferZone is and will not be liable to it for any modification, suspension or discontinuance of the Site.

Seller Conduct

Seller acknowledges and agrees that it will:

      (i)            honour and redeem all valid Vouchers duly presented to the Seller on the terms set out in the Offer;

     (ii)             not interfere with or disrupt (or attempt to interfere with or disrupt) the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; and

   (iii)             not provide any information to OfferZone, its Members or Users that is false or misleading, that attempts to hide Seller’s identity or that it does not have the right to disclose.

Use of the Site by Seller

Seller shall only use the Site for lawful purposes. Seller acknowledges and confirms that it will not publish or transmit through the Site any Offer or material that, or use the Site in a manner that:

        (i)              is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or objectionable; or

      (ii)              violates or infringes the rights of any third party; or

     (iii)              encourages or persuades through inducements third parties to commit unlawful acts; or

     (iv)             contains an Offer that has not been approved by OfferZone; or

      (v)             prevents or affects other Users from using or enjoying the Site.

Content

Content received from Sellers is distributed by OfferZone on the basis that it:

        (i)            contains a genuine Offer for Members to acquire Goods and/or Services from Seller on preferential terms;

      (ii)            is and at all times will continue to be true and correct in substance and in fact;

     (iii)            is not misleading or deceptive or likely to mislead or deceive within the meaning of the Act;

     (iv)            contains no false or unsubstantiated claims for a product or service within the meaning of the Act;

      (v)            contains no defamatory statements or matters;

     (vi)            will not infringe the copyright or other rights of any person;

   (vii)            will comply with all applicable codes of practice, statutes and regulations; and

  (viii)            may be distributed by OfferZone without OfferZone incurring any liability whatsoever.

OfferZone may at any time, in its sole discretion:

         (i)          refuse to distribute any Content (including a Seller Offer) that it considers will breach the Terms or is otherwise inappropriate for the Site; or

      (ii)           edit or remove Content (including a Seller Offer) where it determines that the Content breaches the Terms or is otherwise inappropriate for the Site.

Copying, Reproduction and Amendments to Seller Content

OfferZone does not claim ownership rights in Seller’s Content. For the sole purpose of enabling OfferZone to make Seller’s Content available through the Site, Seller grants to OfferZone a non-exclusive, royalty-free licence to reproduce, broadcast, distribute, re-format, store and publicly display Seller’s Content. Seller agrees that OfferZone may re-format Seller’s Content without its approval. Whenever such amendments are made OfferZone will advise Seller by email.

Monitoring Content

OfferZone does not have any obligation to monitor the Content which Seller may upload, post or otherwise transmit using the Site. Seller acknowledges that it is solely responsible for all Content and material it uploads, posts or otherwise transmits using the Site.

Storage Policy

Seller acknowledges and agrees that OfferZone reserves the right to terminate or suspend accounts that are inactive, in its sole discretion, for an extended period of time (thus deleting or suspending access to Seller’s Content). OfferZone shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Site and Seller is solely responsible for creating back-ups of its Content. Seller further acknowledges that OfferZone reserves the right to modify its storage policies from time to time, with or without notice to Seller. 

Trademarks and Intellectual Property

All brand, product and service names used on the Site which identify OfferZone or third parties and their products and services are proprietary marks of OfferZone and/or the relevant third parties. Nothing on the Site shall be deemed to confer on any person any licence or right on the part of OfferZone or any third party with respect to any such image, logo or name.

Disclosure for Allegations of Intellectual Property Infringement

OfferZone may disclose your personal information (including but not limited to your name and contact details) to relevant authorities, any internet service provider that you use to access the Site, and/or applicable intellectual property rights holders (or their representatives) if OfferZone receives information alleging on reasonable grounds that you are infringing the intellectual property rights of any person.

Termination

Seller or OfferZone may terminate Seller’s membership of the Site at any time. Seller’s membership of the Site will be immediately terminated if Seller ceases to be a customer of TrustPower Limited. Without limiting the foregoing, OfferZone has the right to immediately terminate Seller’s membership of the Site:

        (i)              in the event of any conduct by Seller which OfferZone, it its sole discretion, considers to be unacceptable; or

      (ii)              in the event of a failure by Seller to comply with any of these Terms.

Disclaimer of Warranty and Limitation of Liability

OfferZone makes no representations or warranties of any kind, express or implied as to the operation of the Site, or the Content or products, provided through the Site. Seller expressly agrees that its use of the Site is at its sole risk.

OfferZone disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. OfferZone makes no warranty as to the security, reliability, timeliness, and performance of the Site.

Seller specifically acknowledges that OfferZone is not liable for any defamatory, offensive or illegal conduct by Seller, or such conduct by third parties, and Seller expressly assumes all risks and responsibility for damages and losses arising from such conduct.

To the fullest extent allowed by law, OfferZone shall not be liable for any damages of any kind arising from use of the Site, including but not limited to direct, indirect, incidental, consequential, special, exemplary, or punitive damages, even if OfferZone has been advised of the possibility of such damages.

Notwithstanding the foregoing, if OfferZone is held responsible for any damage or loss, Seller agrees that OfferZone’s total liability to it for all damages, losses and causes of action (whether in tort, including but not limited to negligence, contract, or otherwise) will not exceed the amount paid by Seller, if any, for accessing the Site.

Consumer Guarantees Act

If you are business using the Site, then you agree that the provisions of the New Zealand Consumer Guarantees Act 1993 will not apply to your use of the Site or your reliance on the Site.

Indemnity

Seller acknowledges and agrees to indemnify and hold OfferZone, its affiliates, officers, shareholders, agents and other partners and employees harmless from any loss, liability, claim or demand of whatsoever nature, including reasonable attorneys’ fees, made by any third party arising directly or indirectly out of or consequentially related to:

        (i)              any distribution of Content made at the request of the Seller through the Site, including, but not limited to instances where such Content is alleged to, or does, infringe the intellectual property rights of a third party;

      (ii)              any Offer made by the Seller; and

     (iii)              Seller’s access to or use of the Site, or its breach of these Terms.

Password

You will be required to choose a password when you register on the Site. Passwords are sensitive and commercially important.  You are responsible for safeguarding your password and agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken on your account following use of the password, whether or not you have authorised these activities or actions. You will immediately notify OfferZone of any unauthorised use of its password.

Amendment of the Terms

OfferZone reserves the right to amend these Terms from time to time in its sole discretion.  OfferZone will notify you of any material changes to these Terms when you log in to your account, in this case, you will be required to agree to the new Terms in order to continue using the Site.

Governing Law
The Site and these Terms are governed by and to be interpreted in accordance with the laws of New Zealand and OfferZone and the Seller unconditionally submit to the non-exclusive jurisdiction of the New Zealand Courts.

General

        (i)              These Terms constitute the entire agreement between OfferZone and Seller with respect to Seller’s use of the Site.

      (ii)              A failure by OfferZone to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.

     (iii)              If a Court should find that one or more provisions contained in these Terms is invalid, the remainder of these Terms shall be enforceable.

     (iv)              OfferZone shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or obligations under these Terms without the prior written consent of OfferZone.