The Bank of New Zealand (“we,” “us,”, “our” or “BNZ”) online community (“BNZ Community”) is a place for BNZ customers, staff, contributors and supporters to connect and talk about money, share knowledge and advice, ask questions, and network in a community-driven, positive and safe environment. The effectiveness of BNZ Community will depend on all registered users following the BNZ Community Guidelines and complying with the Terms of Use outlined below.

These Terms of Use are to be read together with the BNZ Community User Guidelines. To the extent that there is any conflict between the Terms of Use, the BNZ Community User Guidelines, or any other document, posting or other form of communication connected to the BNZ Community, these Terms of Use will prevail to the extent of the inconsistency. These Terms of Use are a legal contract between us and you and will govern the relationship between us and all users of BNZ Community. By using BNZ Community, you are confirming to us that you have read the Terms of Use and you agree to be bound by them. If you do not agree to the Terms of Use, you will not be able to complete the registration process and therefore you will not be able to participate in BNZ Community.

##Registration

The information you provide during the registration process must be honest, genuine, accurate and complete. You agree not to register under the name of another person, business (incorporated or unincorporated), charity or otherwise and you may not register under more than one user name. If, after investigation, we have reasonable grounds to suspect that your information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and prohibit your future use of BNZ Community.

When registering as a BNZ Community user, you will be required to select a username that will be seen by all people who visit the BNZ Community site. As such, any username you select must:

  1. not be the same as, or similar to, your BNZ internet banking username or password (if you are a BNZ customer) or the username or password for any other secure sites you may use;
  2. not be the same as, or similar to, any passwords or other secure codes you may use;
  3. not contain any personally identifiable details unless you consent to providing them to the general public; and
  4. not be defamatory, offensive, impersonate any other person or entity, infringe the intellectual property rights of any person or entity, or otherwise mislead or deceive others.
    We reserve the right to reject any username or remove any image that we determine in our sole discretion is unacceptable for use as a username or image in BNZ Community.

We will not be responsible or liable for any and all losses and damages arising from your failure to comply with this registration section.

##Personal responsibility

You use BNZ Community at your own risk. You are solely responsible for your use of BNZ Community and reliance on the content, whether posted by us or by other users. You are responsible for all activities under your user name, including the use of your username by others. You are responsible for keeping your password confidential and you agree that you will not share your login details with anyone, let anyone else access your account, or do anything else that may compromise the security of your password or user account. You may use BNZ Community for lawful purposes only. It is your obligation to ensure that when operating your user account and posting content, you will comply with the laws of New Zealand and, where relevant, use best endeavours not to breach the laws of any other country.

We do not warrant or take responsibility and will not be liable for any content you or any other user may post on BNZ Community, including the posting of any of our content or third party content. All content will be shown on BNZ Community as it is posted by each user and, as such, we do not warrant or guarantee the accuracy, reliability or completeness of the content or the ownership of any intellectual property rights that exists or may exist in the content. User-posted content does not represent the advice, views, opinions, or beliefs of Bank of New Zealand or any of our Related Companies (as that term is defined in s 2(3) of the Companies Act 1993).

Before relying on any other user’s posts, you should make your own enquiries and satisfy yourself of their accuracy. Note that opinions and advice in relation to financial products and services on BNZ Community are not personalised to you or other users. For personalised financial advice to be given, a user’s financial situation and goals need to be understood in greater detail than can be provided through BNZ Community. BNZ does not take responsibility for any opinions you or other users choose to provide.

BNZ Community may contain or reference links to non-Bank of New Zealand websites (“Third Party Websites”). By accessing BNZ Community or following links to Third Party Websites, you may be exposed to content that you consider inaccurate, offensive or inappropriate. If you choose to access a Third Party Website using a link or link reference, you do so at your own risk. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. The inclusion of a link within BNZ Community does not imply any endorsement by or any affiliation with us. Access to any Third Party Website is at your own risk, and you should be aware that Third Party Websites may contain terms and privacy policies that are different from BNZ Community. We are not responsible for loss, costs or liability arising from accessing or using such Third Party Websites.

BNZ Community must not be used by you or any other user as a marketing platform, notwithstanding that the marketing may be lawful. However, we acknowledge that from time to time, some content may contain references to products, services, articles, offers and promotions offered by third parties (not by us) that are integral to BNZ Community discussion. If you decide to use these third-party offerings, you are responsible for reviewing and understanding the terms and conditions governing those products or services and ensuring you understand the risks. You agree that the third party, and not us, is responsible for performance of the services or the quality of any product.

##Financial Advisers Act

If you are a financial adviser and are bound by the Financial Advisers Act 2008 (“FAA”), please ensure that you comply with the FAA when using BNZ Community. Users are personally responsible for ensuring they comply with their obligations under the FAA. For further guidance on the FAA, please see the Financial Markets Authority website www.fma.govt.nz.

##Misuse

Your continued participation in BNZ Community requires that you comply with the BNZ Community Guidelines; please review them carefully and regularly. In particular, you agree that you will not post or communicate, or include in any private message sent via BNZ Community, comments or content that is inappropriate, threatening, abusive, offensive, or intentionally misleading, or use BNZ Community or its features to engage in any advertising, marketing or solicitation, including activities such as spamming or phishing. You must not post or communicate any content, or do anything, which would overburden, disrupt or disable the proper working or appearance of BNZ Community. BNZ Community relies upon its users to identify and report content or conduct that does not align with the BNZ Community Guidelines or these Terms of Use. Therefore, it is each user’s responsibility to report objectionable content by utilising the “Report Inappropriate ContentFlag” functionality available throughout BNZ Community.

##Monitoring and moderation

BNZ Community has moderators who exist to ensure the BNZ Community Terms of Use and BNZ Community Guidelines are followed. Moderators do not pre-screen postings. Moderators have the right, but not the obligation, to edit or remove content and postings at their discretion and for any purpose. Moderators are under no obligation to provide a reason for removing any content or to enter into discussion regarding the removal.

Moderators may or may not investigate any complaint that is brought to their attention, and may or may not take appropriate action, including, but not limited to issuing warnings, moving or removing content, or suspending or terminating any user name and user account. Because situations and interpretations vary, it is possible that we may take no action whatsoever. The failure to act with respect to a violation by you or others does not waive the ability to act differently with respect to subsequent or similar violations. For more information please see the BNZ Community Guidelines.

Any statement or content which are uploaded by users (including any statements or content which relate or refer to BNZ, our Related Companies, or any of our products or services) are in no way endorsed by BNZ or our Related Companies.

##Warnings, suspensions, and terminations

Moderators may communicate with you personally concerning your participation in BNZ Community or related matters. Those communications are confidential between you and us and are not intended to be made public. As such you agree not to post or otherwise disseminate those communications within BNZ Community or elsewhere, on the Internet or otherwise.

You agree that your registration and access to BNZ Community may be immediately suspended or terminated without explanation or prior notice. Without limiting the foregoing, the following may, at our sole discretion, lead to a termination of a user’s registration and access to BNZ Community:

  1. breach of these Terms of Use, BNZ Community Guidelines or other related agreements or guidelines;
  2. request by law enforcement or other government agencies;
  3. a request by you (self-initiated account deletions);
  4. unexpected technical issue or problem; and
  5. extended periods of inactivity.

Termination of your BNZ Community registration includes removal of access to all offerings within BNZ Community and may also prevent you from engaging in further use of BNZ Community. Furthermore, you agree that neither us nor the moderators shall be liable to you or any third-party for any termination of your registration or access to BNZ Community.

##Rights to content

When you upload or submit content (such as text, data, images or names) to BNZ Community, you grant us a right to use, copy, modify, publish or otherwise distribute that content, including any personal information that may be included in the content, for any purpose, including, without limiting the foregoing, the administration and management of BNZ Community, marketing including in social media, analytical purposes, and new product or service development. The licence you grant us is perpetual, irrevocable, royalty-free, transferable, and we will not be required to obtain your permission for any such use or attribute any content to you.

We may independently use or create, or may have already independently used or created, ideas that are very similar, or even the same, as ideas that may be included in content you submit or upload to BNZ Community. We will not be liable to you for our use of any such similar or identical ideas, which have been (to our knowledge) independently created or submitted to us. In submitting content to BNZ Community, you expressly release us from any and all present and future claims that we have made unauthorised use of your idea.

BNZ Community and all content on it (including all BNZ logos, trademarks, the look and feel of BNZ Community, and content posted by other users) remains the intellectual property of BNZ and/or our licensors and, in the case of content posted by other users, the relevant user(s). You may not use any such content for any purpose other than to access and use BNZ Community as envisaged by, and in accordance with, these Terms of Use.

##Security

We do not warrant that BNZ Community is secure, free from bugs, viruses, interruptions, errors, or other limitations. Any content that you place on BNZ Community is posted at your own risk, and could be obtained and used by others. You should think before posting any personal or financial details about yourself on BNZ Community. Do not reveal information that you do not want to make public, such as posts including your contact information or email address. We will not be responsible or liable for any loss arising from your disclosure of personal information, or any other information, in any profile or post.

##Privacy

BNZ will ensure that any information held about you is protected securely by safeguards as required by the Privacy Act 1993 and any other applicable laws. BNZ will not disclose personal information about you to any person, except as authorised by you, provided for under these Terms of Use or as required or authorised by law. BNZ will use information you provide for the administration and management of BNZ Community.
BNZ’s cookies policy applies to BNZ Community.

##Consent

By using BNZ Community and accepting the Terms of Use, you consent to the collection, use, disclosure, storage and processing of your personal information in accordance with these Terms of Use.

##Access and correction

Pursuant to the Privacy Act 1993 and other applicable laws, if you are an individual, you have rights to see and request correction of personal information about you held by BNZ. To obtain more information about how we manage information about you, or if you would like a copy of our relevant privacy policies, please contact us on 0800 ASK BNZ (275 269).

We reserve the right to instruct the moderators to remove any posts in BNZ Community containing phone numbers, street addresses, or otherwise personally identifying information on the grounds that we are not able to verify the information as being your personal information or that of a third party.

By submitting your email address to register, you agree that our third party service providers and the moderators may use your email address to contact you directly about your profile or any content you post on BNZ Community and for other administrative purposes related to BNZ Community.

You further agree that if you wish to collect or use information or content posted or relating to other BNZ Community users, you must first obtain the relevant user’s consent and make it clear that you (and not BNZ) are collecting their information, the reason for which you are collecting their information and explain the purpose for which the information will be used.

##Indemnification

You agree to indemnify, defend, and hold us, the moderators, and all respective officers, directors, owners, employees, agents, representatives, and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or the BNZ Community Guidelines or claims arising from your content or conduct. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate legal representation and assume the exclusive defence and control of any matter subject to indemnification by you.

All third party content (content posted by registered users including any content within any postings) is the sole responsibility of the registered user posting the content. You acknowledge and agree that we do not control and are not responsible for the third party content. As such, you shall fully indemnify us against any claim (including solicitor fees) arising out of content you post or otherwise make available on BNZ Community, your use of BNZ Community or for any other liability arising connected with BNZ Community.

##Limitation of liability

You agree that, to the maximum extent permitted by law, at no time will we (including our officers, directors, owners, employees, agents, representatives and assigns and the moderators) be liable for any costs, direct or indirect loss or damages, consequential loss, howsoever arising out of your use of BNZ Community, the content you or other users post or otherwise make available on BNZ Community (including, but not limited to, damages relating to loss of business, loss of money, telecommunications matters, exposure to any form of virus, bugs or such other malicious code, theft, damages or other losses you or any third party may suffer) regardless of whether the claim is based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise.

##Choice of law and location for resolving disputes

You agree that the laws of New Zealand govern these Terms of Use and any claim or dispute that you may have against us will be resolved in New Zealand courts only. BNZ Community is available to New Zealand residents only and, as such, we cannot warrant that BNZ Community is appropriate for users outside of New Zealand or compliant with the laws of any other jurisdiction.

##Modifying these Terms of Use

We reserve the right, in our sole discretion, to modify these Terms of Use at any time without notice. Modified Terms of Use are effective as soon as they are posted. We also reserve the right to waive or modify any of these Terms of Use as they apply to a specific posting or user without affecting the application of these Terms of Use to all other postings and users. Your continued use of BNZ Community, or any content or services accessible through it, after modified Terms of Use are posted means you accept the modifications. We may also make any changes to the look and feel of BNZ Community at any time without notice.