QPR

Terms of Use and Privacy Policy

Like everyone else, we've got some fine print!

Introduction

January 2025

Everyone has terms of use, we do too. While all the terms are important, otherwise they would not be here, there are some which come into play more often than others: like the rules against sharing your account. This update revised the terms to cover the KiwiSaver products comparison service and the provision of data sharing between Quotemonster and other systems.

These Terms of Use apply to the Services of Quality Product Research Limited [NZCN: 3607031] (“we”, “us”, “our”, “QPR”) including the services provided through the QPR Platform (Quotemonster).

In these Terms:

“Subscriber” means a person who has a paid subscription account with us, as described in the data in the Adviser Detail form on the website, and where that changes, the entity described in the Adviser Detail page at the time applicable to the events governed by these terms.
“Permitted User” means an individual who is authorised by a Subscriber to use the QPR Platform under their Subscription.
“you” or “your” mean the Subscriber, and where the context requires, a Permitted User.

By purchasing, accessing or using any of our Services, you accept these Terms.

Capitalised words are defined in clause 22.

These Terms were last updated on 31 January 2025. We may update any part of the Terms by posting them on our Website. Unless stated otherwise, any updates take effect immediately and are binding on you.

1. ABOUT THESE TERMS AND THEIR APPLICATION
- The Terms of Use comprise the terms in this document, our Privacy Policy (together the “Terms”). Those documents shall be deemed to be mutually explanatory of one another. In the event of an inconsistency or conflict between any of the parts of the Terms, this document shall take priority over the Privacy Policy and Outsource Provider Assurance Statement, to the extent necessary to resolve the inconsistency or conflict.
All of the Terms apply to a Subscriber.

If you are a Permitted User (and not also a Subscriber) only the introduction, clauses 1, 3, 6, 7, 8, 9, 10, 11, 20, 21 and 22, and the Privacy Policy, apply to you (together the “User Terms”).
2. OUR SERVICES
- The services we provide are the services described in these Terms, as further specified in your Subscription, as well as any service variations permitted under these Terms or agreed between us and you from time-to-time (together the “Services”). Without limiting that our Services also include the following content and associated functions provided on or through the QPR Platform (subject to your Subscription):
For the avoidance of doubt, Third Party Services (see clause 9) are not part of our Services.

We may modify or enhance the Services at any time:
- without notice to you where this will not materially impair the functionality of the Services; or
- following reasonable prior notice (if practicable) where the modification and/or enhancement will materially impair the functionality of the Services.
3. NO ADVICE GIVEN
- By using our Services you agree and acknowledge that:
4. OUR SERVICE LEVELS

The service levels (or key performance indicators) in relation to our Services are set out below. These are the service levels we commit to meeting (subject to the other provisions in these Terms).

Service Area	Service Level
Service availability	A minimum of ninety five percent (95%), twenty four (24) hours a day, seven (7) days a week, as measured over each calendar month. Unavailability due to the following matters shall not be taken into account for the purpose of calculating service availability: Events outside of our reasonable control including natural disasters, pandemics, failure of network infrastructure including internet service providers and key service providers such as Microsoft Azure. Your actions including failure to comply with the Terms.
Product Research	A professional and prudent Financial Adviser with significant experience reviewing risk insurance policies and or KiwiSaver products would consider the comparisons provide a qualitatively correct assessment of the policies and their relative merits within reasonable bounds of uncertainty.
Pricing of policies	Pricing replicates pricing available directly from product providers subject to a standard of better than 99.5% accuracy.
Statements of Advice	A professional and prudent Financial Adviser with significant experience would consider the statement of advice is of a good standard for draft advice, based on the information available to prepare the statement of advice.

5. SUBSCRIPTION
To become a Subscriber you must apply for a Subscription from us, provide all information we request and comply with all conditions we specify.

The following persons may obtain a Subscription from us:
- A FAP;
- a Financial Adviser, or Nominated Representative, of a FAP;
- an insurer;
- a reinsurer
- any other person we approve at our absolute discretion.
We reserve the right to decline your application at our absolute discretion. We have no obligation whatsoever to provide reasons, and we will have no liability to you whatsoever, or howsoever arising, for declining your application.

You confirm and warrant that all information you provide to us at any time is correct, complete and up-to-date.

You are allowed to have the number of Permitted Users specified in your Subscription from time-to-time.

While you have a Subscription, we grant to you, and you accept, a non-exclusive, non-transferable, revocable, limited, licence for your Permitted Users to access and use the Services via the QPR Platform according to your Subscription and these Terms. This right is non-exclusive, non-transferable, and limited by and subject to these Terms. Nothing in these Terms prevents us from providing the Services and the QPR Platform to any other person.

Subject to your Subscription, clause 6, our prior written approval, and any conditions we impose, a member of your personnel may become a Permitted User under your Subscription.
6. PERMITTED USER ACCESS RIGHTS
A Permitted User must be:
- a Financial Adviser, or Nominated Representative, of a FAP;
- an individual who is permitted by us to act as an administrative or compliance user of the Subscriber from time-to-time (subject to any conditions we impose in that regard at any time);
- a Subscriber, where the Subscriber is an individual and nominates himself or herself to also be a Permitted User;
- any other individual we approve at our absolute discretion.
We grant to each Permitted User, and each Permitted User accepts, a non-exclusive, non-transferable, revocable, limited, licence to access and use the Services via the QPR Platform, in accordance with the relevant Subscription and User Terms. This right is non-exclusive, non-transferable, and limited by and subject to User Terms. Nothing in User Terms prevents us from providing the Services and the QPR Platform to any other person.

You agree and acknowledge that our Services are not available to the general public, and that only Permitted Users can access the Services. You must not allow any other person to access the Services.

A Subscriber may, to the extent permitted by the related Subscription and supported by the QPR Platform, designate the level of access for each Permitted User. A Subscriber can revoke or modify a Permitted User’s access (in whole or part) at any time. If a Subscriber wishes to revoke or modify access of a Permitted User under the Subscriber’s Subscription, the Subscriber can do so by notifying us by email. We will process that request within five working days. We may, acting reasonably, modify or revoke access rights of Permitted Users at any time. Access of Permitted Users in all cases will end upon termination or expiry the related Subscription, and will be suspended if the related Subscription is suspended.

The right of a Permitted User to access, and to continue to use, the QPR Platform and Services is conditional on the Permitted User continuing to meet the criteria required to be a Permitted User, agreeing to be bound by the User Terms and complying with the User Terms.

Any act or omission of by a Permitted User that:
- is a breach of the User Terms; or
- would, if it was the Subscriber’s act or omission, constitute a breach of these Terms,
shall be deemed to be a breach of these Terms by the Subscriber under whose Subscription the Permitted User was allowed to access the Services.

The Subscriber is responsible for addressing and resolving any complaint from, or dispute with, a Permitted User of the Subscriber about access to the QPR Platform and the Services.
7. PERMITTED USER LIMITATIONS
If you are a Permitted User then, except where you are also a Subscriber, and despite any other provisions in these Terms, you agree and acknowledge that:
- Only the User Terms apply to you.
- You have obligations under the User Terms that can be enforced by us.
- Your rights to use the QPR Platform and the Services, and your other rights under the User Terms, are granted under the Subscription of, and by, the Subscriber under whose Subscription you access the Services.
- To the maximum extent permitted by law,
- The Subscriber under whose Subscription you access the Services shall have the exclusive rights to enforce, assert, or waive any of your rights or claims under or in connection with the QPR Platform, the Services and these Terms.
The Subscriber agrees to and acknowledges the forgoing terms.
8. PERMITTED USER ACCOUNT REGISTRATION
As a condition of using the Services, all Permitted Users must create an Account with us, provide all information we request and comply with all conditions we specify. We reserve the right to decline to open an Account, acting reasonably.

As a condition of opening or maintaining an Account we may ask you to verify your identity and that you meet the criteria to be a Permitted User.

You confirm and warrant that all information you provide to us at any time is correct, complete and up-to-date.
9. USE OF SERVICES - QPR PLATFORM & API SERVICES
When accessing the Services and the QPR Platform, you must:
- not impersonate another person or misrepresent authorisation to act on behalf of us or others;
- correctly identify the sender of all electronic transmissions;
- not attempt to undermine the security or integrity of the QPR Platform;
- not use the QPR Platform in any way which may impair the functionality of the QPR Platform or impair the ability of any other user to use the QPR Platform;
- not attempt to view, access or copy any material or data other than that which you are authorised to access, and to the extent necessary for you to use the QPR Platform in accordance with these Terms; and
- neither use the Services or the QPR Platform in a manner, nor transmit, input or store any Data, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is objectionable, incorrect or misleading.
In addition to and without limiting your other obligations under these Terms, you must:
- use the QPR Platform for lawful purposes only;
- not, directly or indirectly (including through any form of artificial intelligence or similar technology), copy, reproduce, translate, decompile, reverse-engineer, resell, modify, vary, sub-licence or otherwise deal in the QPR Platform (including data on the QPR Platform) except as expressly permitted by these Terms;
- ensure that software you use to access the QPR Platform is free of all forms of malicious software at all times;
- keep all information relating to the QPR Platform, including your password and user name, secure and free from unauthorised use;
- not transfer, assign or otherwise deal with the QPR Platform or any rights under these Terms;
- not challenge our (or any other persons) ownership of (including the Intellectual Property Rights in) the QPR Platform, Reports or any other item or material created or developed by us under or in connection with the Terms;
- notify us in writing immediately after you become aware of any circumstance which may suggest that any person may have unauthorised knowledge, possession or use of the QPR Platform or a Report, in part or whole; and
- use two-factor authentication to secure your Account;
- regularly review and update your security processes (for example, keeping your passwords and usernames secure including not sharing them with or disclosing them to another party) and regularly update your operating system and anti-virus software.
You may select to export data from the QPR Platform through application programming interfaces (APIs), such as for use in a Customer Relationship Management (CRM) system (User-selected Third Party Services). We do not develop, maintain or control the User-selected Third Party Services or the service providers. Provision of User-selected Third Party Services through the QPR Platform is not an endorsement or recommendation by us of the Third Party Services or any of the service providers.

We may, from time-to-time, acting reasonably, impose fees and charges (including to pay for costs to provide integration with Third Party Services) on you as a condition of making, or continuing to make, Third Party Services available through the QPR Platform.

To the maximum extent permitted by law:
- We do not make any warranty or representation regarding the performance, functionality, accuracy, security or availability of Third Party Services.
- We are not responsible for the interactions between you and the providers of Third Party Services including through the QPR Platform.
- We are not responsible for any interruptions, loss of data, data breaches or other issues that arise from use of the Third Party Services.
- You are solely responsible for all risk arising from use of Third Party Services including for any errors, omissions or failures of the Third Party Services.
In addition, and without limiting the forgoing:
- If a provider of Third Party Services ceases to provide a service or a feature, or fails to meet any of our requirements to interoperate with the QPR Platform, we may cease to make available that service or feature to you.
- We reserve the right to modify, suspend or discontinue the integration or support of any Third Party Service with the QPR Platform at any time without notice.
If we exercise our right to cease the availability of a third-party service or feature, or to modify, suspend or discontinue integration or support, then, to the maximum extent permitted by Law, you are not entitled to any refund, discount or other compensation.

Through the use of any KiwiSaver comparisons or Kiwimonster research service, you acknowledge and agree that:

Certain of the information contained in the Services:
- (1) is proprietary to Morningstar Inc. and/or its content providers;
- (2) may not be copied or distributed; and
- (3) is not warranted to be accurate, complete or timely.
Neither Quality Product Research Limited nor Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.

Any ESG-related information, methodologies, tools, ratings, data and opinions contained or reflected in the Services are not directed to or intended for use or distribution to India-based clients or users and their distribution to Indian resident individuals or entities is not permitted, and Quality Product Research, Morningstar and its content providers accept no responsibility or liability whatsoever for the actions of the Subscriber or any Permitted User or any third parties in this respect.

No portion of the Service embedding such data may be used in conjunction with any machine learning, neural network, deep learning, predictive analytics or other artificial intelligence computer or software program, including, without limitation, the use of any portion of the Product in conjunction with, a model, algorithm, or process that is designed to predict trades for or within an individual portfolio, fund, or other investment vehicle.
10. SUBSCRIBER DATA
Access to Data: You agree and acknowledge that:
- we may require access to the Data to exercise our rights and perform our obligations under these Terms;
- to the extent that this is necessary, we may authorise our personnel to access the Data for this purpose;
- you must arrange all consents and approvals that are necessary for us to access the Data;
- to the extent Data contains personal information, in collecting, holding, using and processing that personal information through the Services, we are acting as your agent for the purposes of the Privacy Act 2020 and any other applicable privacy law, and you must obtain all necessary consents from the relevant individuals to enable us to collect, use, hold and process that information in accordance with these Terms.
Analytical Data: You agree and acknowledge that we may use Data to generate anonymised and aggregated statistical and analytical data (“Analytical Data”) and that we may:
- use the Analytical Data for internal research, and to conduct statistical analysis and identify trends and insights;
- supply Analytical Data to third parties.
We have sole rights to all Intellectual Property Rights in Analytical Data. See clause 16 also.

Backups of data: You agree and acknowledge that we do not provide a record-keeping service and agree that it is advisable for you to keep a separate back-up copy of all Data. After 36 months from originally being input into the system, or on termination of your Subscription (whichever is sooner) all Data submitted or created within the QPR Platform is archived and no longer accessible to you and we will delete all copies of your Data after 365 days following that event. We will also delete copies of your Data at your request. However, before doing so, we may anonymise the Data and retain it for the purposes noted above with respect to Analytical Data. Should you decide to reactivate your Subscription, you will regain access to your Data if they are still retained by us (but we are under no obligation to do so for you). If you wish to have your Data completely removed, you can request it by contacting us directly.

Storage of data: You agree that we may store Data (including any personal information) in secure servers in New Zealand and/or Australia and/or Singapore and may access that Data (including any personal information) in New Zealand and/or Australia and/or Singapore from time to time. We will not process or store any of your Data and/or use servers outside of New Zealand and/or Australia and/or Singapore unless we first have your express written permission to do so.

Deletion of data: Data entered into the Quotemonster system by users of the site for the purpose of generating quotes and reports will be soft deleted after 3 years (meaning it could be restored if required) and then permanently deleted after a further 365 days. This data can be removed sooner on request.

Data about users of the Quotemonster website (e.g. Financial Advisers) such as name, email address, FSP Number, which are required for creating an account, and admin purposes, are currently held indefinitely but can be removed on request.

We also keep site usage data for the purposes of creating data insights indefinitely, but any information that could identify an individual is removed on a daily basis.
11. USAGE ON OTHER DEVICES & FAIR USE
You may only access the QPR Platform on devices that you have registered with us. If you try to access the QPR Platform on an unregistered device, then you will be prompted to register that device when you sign in to your Account.

At our absolute discretion we may vary the number of devices permitted to access your Account. Typically, we allow two, and we will give you seven days’ notice of a reduction or other limitation.

You may deregister a device and replace it with a different registered device up to once every 30 days.

You may only access the QPR Platform on one registered device at a time per Subscription.

We have the right to impose other limits on your Account, at our absolute discretion, such as a maximum number of Reports, to ensure that overall usage conforms to that expected of an individual Financial Adviser using an Account, provided we notify you in advance of the change. Also, we may switch to a per-report charge at our sole discretion in the event of high usage.
12. SUBSCRIPTION TERM
Your Subscription starts once you receive an email confirmation from us of that. Your Subscription continues for the initial term of your Subscription, any renewed term, and any different term approved by us (“Subscription Term”).

You may cancel the Services through the subscription page at any time, or by getting in touch with a customer service representative. Your Subscription will continue until the end of the Subscription Term.

Except for Group Subscriptions, Subscriptions are available for a minimum term of one (1) month or other agreed term as indicated in your order. Your Subscription will auto renew for an additional one (1) month or other Subscription Term (as applicable), unless you cancel prior to the end of the then current Subscription Term.

For Group Subscriptions, your Subscription will start on the first of the month following confirmation of your Subscription. Your Subscription will auto renew for an additional one (1) month or other Subscription Term (as applicable) unless you notify us (in writing) to cancel on or before the 15th calendar day of the month prior to the end of the then Subscription Term

No refund will be provided for partially completed Subscription Term unless agreed by us. If your Subscription is paid through a group please ensure you cancel your payment arrangement with the group.
13. FEES & PAYMENT
You agree to pay us the fees and charges for the Services as outlined in the subscription process, that appear on the Website, and to make available Third Party Services (see clause 9), which may be amended from time to time in accordance with these Terms (together the “Fees”). For any extension of a Subscription Term or the provision of a Service upgrade, the then-current Fees will apply, unless otherwise mutually agreed in writing by the parties.

We may, from time to time, in our sole discretion, change the fees we charge for the Services. However, any increase in such fees will only take effect at the beginning of your next Subscription Term. We will notify you of any such changes (for example, by notifying you when you log on to the Platform and by e-mail) prior to the change taking effect.

Fees for each Subscription Term must be paid in advance.

Your Fees will be charged to your selected payment method at the beginning of each Subscription Term. You irrevocably authorise us to charge all payments (including the Fees) due from you to us under or in connection with these Terms using that payment method. You agree to provide us with correct and complete information required for us to process payments using that payment method and to keep that information up to date at all times. We have the right to suspend provision of our Services and the QPR Platform if you fail to comply with any of those requirements.

Although our invoices for Fees may, where agreed in writing by us, be directed to a relevant third party for payment, you remain responsible for paying us if the third party fails to pay the Fees by the due date.

All Fees and other amounts payable by you under these Terms exclude GST (unless we state otherwise in writing), which you must pay to us on taxable supplies at the same time as you make payment for those amounts.
14. REPRESENTATIONS & WARRANTIES
To the maximum extent permitted by law we provide the Services on “as is” and “as available” basis, without any warranties, except for those expressly set out in these Terms and the Outsource Provider Assurance Statement. Any other conditions, guarantees or warranties, whether express or implied, including any statutory warranties of merchantability, availability, reliability and fitness for a particular purpose, are (to the maximum extent permitted by law) expressly excluded.

You agree and represent that you are acquiring the Services for the purposes of trade. The parties agree that:
- to the maximum extent permitted by law, the Consumer Guarantees Act 1993 does not apply to the supply of the Services or these Terms; and
- it is fair and reasonable that you are bound by these Terms.
15. SECURITY
We are committed to keeping Data stored on the QPR Platform as safe and secure as possible. The QPR Platform is hosted on the Microsoft Azure cloud platform. However, while we have taken steps to help protect the Data, we do not guarantee that the Data is 100% secure. For more information about security measures we have implemented refer to our Outsource Provider Assurance Statement, or contact us for further information. We will only process and store your Data in secure servers within New Zealand and/or Australia and/or Singapore in accordance with clause 10 above.
16. INTELLECTUAL PROPERTY
Ownership: All rights, title and interest in, including all Intellectual Property Rights in, the Services, the QPR Platform and Reports, are owned by Us (and our licensors and content providers) absolutely. You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights. However, you (or the relevant Subscriber) own all rights, title and interest in, and all Intellectual Property Rights in, the Data (as between the parties). You grant Us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with the Terms.

Use of Reports: We grant to you a limited, non-transferable (except to the extent noted below) licence to use the Reports solely for the following purposes:
- To send Reports to Clients and share them in the normal course of providing services to them.
- If you are a Permitted User, to share them with your Subscriber in relation to provision of Financial Advice Services to the Clients.
- To share them with auditors and assurance service providers for the purpose of reviewing compliance by you.
- To share them with regulators.
- To comply with your obligations at law.
- To share them with service providers in connection with providing services to you in connection with the provision of Financial Advice Services or Financial Advice.
Examples of uses that fall outside the permitted use include those listed below (but are not limited to these):
- Exporting substantial amounts of the data or research contained on the site such that you are effectively copying large quantities of information
- General mailing to many customers or prospective customers
- Inclusion in external websites
- Distribution in other mass communications, vehicles, or format, including but not limited to advertisements
- Distribution through subsidiary companies and in other jurisdictions
- Removing any of the notices or disclaimers that are included as parts of the reports generated by the services
- Providing data from the services by way of screenshots, screensharing, or meetings without also providing the relevant report format which includes important notices and/or disclaimers
Feedback: If you provide Us with ideas, comments or suggestions relating to the Services or QPR Platform (together feedback):
- we solely own all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works); and
- we may use or disclose the feedback for any purpose.
17. CONFIDENTIALITY
Each party (Party A) must, unless it has the prior written consent of the other party (Party B), with respect to Party B's Confidential Information held by the Party A:
- keep confidential, and not use, at all times the Confidential Information of Party B;
- effect and maintain adequate security measures to safeguard Party B’s Confidential Information from unauthorised access or use; and
- disclose Party B’s Confidential Information to its personnel or professional advisors on a need to know basis only and, in that case, ensure that any personnel or professional advisor to whom it discloses Party B’s Confidential Information complies with equivalent obligations of confidentiality.
The foregoing obligations do not apply to any disclosure or use of Confidential Information:
- for the purpose of performing these Terms or exercising a party's rights under or in connection with these Terms and/or providing compliance with these terms and/or as required by law or a regulator and/or for audit/tax, compliance receiving professional/legal advice, and where the Subscriber is providing any necessary information to its own insurers directly in relation to the Subscriber’s own insurance policies/coverage for the Subscriber’s own business operations (but for clarity, this does not in any way permit the Subscriber to provide any significant general quoting/pricing/commercial information from the QPR Platform that could be used by QPR’s competitors in competition with QPR’s offering);
- which is generally publicly available through no fault of the recipient of the Confidential Information or its personnel;
- which was rightfully received by a party from a third party without restriction and without breach of any obligation of confidentiality; or
- by us, if required as part of a bona fide sale of our business (assets or shares, whether in whole or in part) to a third party, provided that we enter into a confidentiality agreement with the third party on terms that are substantially no less restrictive than this clause17.
18. TERMINATION & SUSPENSION
Termination and suspension for fault: We may terminate or suspend your Subscription, and your (and your Permitted Users) access to the QPR Platform and/or the Services, immediately by notice to you if:
- you do not pay any amount due to us on the due date for payment and remain in default for more than 7 days after being notified to make payment;
- you or a Permitted User breach Terms and, if the breach is capable of being remedied, such breach is not remedied within 7 days after you are notified of the breach;
- you do not meet the criteria of maintaining a Subscription;
- we are required to do so by law or a regulatory body;
- you or the business you work for or represent become insolvent, go into liquidation or has a receiver or manager appointed over any of the assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event.
Effect of Termination or Expiry: On termination, cancellation or expiry of your Subscription:
- These Terms shall be terminated.
- All licences and access rights granted to you and Permitted Users under these Terms will automatically be revoked.
- We will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or Data.
- No refund will be issued to you.
- All amounts payable by you to us under these Terms become immediately due and payable and you authorise us to charge your selected payment method.
19. LIABILITY & INDEMNITY
Accuracy of reports: Subject to these Terms (including the scope of our Services), we will use our reasonable endeavours to ensure that information contained in the Reports or on the QPR Platform are as accurate as possible. However, please note that report information is not guaranteed and does not replace the providers’ own documents. Also, while we aim to avoid them, errors can occur. If they do, we aim to fix them as quickly as possible, but we otherwise (to the maximum extent permitted by law) accept no liability for any error or omissions in the Reports whatsoever and howsoever arising.

If we breach any condition or warranty in these Terms (express or implied) our liability for that breach of that condition or warranty is limited, to the maximum extent permitted by law, at our option, to:
- supplying the Services again; and/or
- paying the costs of having the Services supplied again.
If, despite the foregoing, we incur any additional liability to you, our maximum aggregate liability to you for all claims is limited, to the maximum extent permitted by law, to an amount equal to the Fees paid by you to us in the 12 months immediately preceding the date on which the first event giving rise to the liability arose.

In addition to, and without limiting, the forgoing, to the maximum extent permitted by law, a party (Party A) shall have no liability to the other party (Party B) whatsoever, whether in contract, tort (including negligence), equity or otherwise for any:
- loss of profit, revenue, savings, business, use, data (including Data), and/or goodwill;
- consequential, indirect, incidental or special damage or loss of any kind, except to the extent Party B suffers or incurs Loss from the fraud, dishonesty or wilful default of Party A.
You agree to indemnify us against direct Loss suffered or incurred by us in connection with, and all actions, proceedings, actual claims or actual demands made against us by:
- your Client(s) specifically in connection with a Financial Advice Services and no-advice services with regard to a Financial Product that you provide to a Client, and only where you used the QPR Platform and/or any Reports for that advice/service to the Client and that advice by you was negligent, and the claimant makes a claim against QPR for direct loss because of it. Your indemnity to us is limited to the value of the direct loss suffered by QPR because of your Client’s claim against QPR in respect of the service you provided to that Client. You will not be liable to QPR for (and will not be liable to indemnify QPR for) any form of remote, indirect, consequential or punitive loss or damage of any kind (including for any loss of profits or income).
Each party must take reasonable steps to mitigate any Loss it may suffer or incur arising out of acts or omissions of the other party under or in connection with these Terms or the Services.
20. NOTICES
We will send to you, and you agree to receive, any Reports, notices, invoice, accounts or other documents or information, at our absolute discretion:
- by electronic delivery on the QPR Platform;
- by email to an email address provided by you with your subscription application (or that you otherwise notify to us);
- by delivery to your place of business or residence.
We are not required to use any particular messaging service and you should monitor relevant communication channels for communications from us.

For that purpose you must give us a valid email address at which we may communicate with you. That may include periodically sending you emails about system changes, events and news from insurers. If we do not hold a valid email address, or if you reject emails from us, we may close your Account without notice.
21. GENERAL
Relationship: Nothing in these Terms or the User Terms (as applicable) creates a relationship of joint venture, partnership or principal and agent between us and you. You must not act as if, or represent or attempt to represent to any person that, any such relationship exists.

Amendment: In addition to amendments otherwise permitted or imposed by these Terms, we reserve the right to amend these Terms (including the User Terms, as applicable) at any time by notice to you. The amendments will be effective on the date we specify. However, you have the right to cancel your Subscription before the amended Terms take effect in accordance with clause 18.

Force Majeure: We shall not be held liable to you for any failure or delay in the performance of our obligations under these Terms if such failure or delay is beyond our reasonable control or the reasonable control of our personnel.

Entire agreement: These Terms (including the User Terms and Special Conditions below) contain all of the terms agreed between the parties relating to the matters dealt with in these Terms (or the User Terms with respect to a Permitted User) and supersede all prior discussions and agreements covering the subject matter of these Terms (or the User Terms with respect to a Permitted User).

Clauses continue: Certain provisions of these Terms or the User Terms (as applicable) which, by their nature, are intended to survive termination or expiry of these Terms or the User Terms (as applicable), including clauses 10, 16, 17, 18, and 19, continue to be in force.

Rights and remedies are not mutually exclusive: To the fullest extent permitted by law, a party’s rights, remedies and discretions, whether provided for in these Terms, at law or otherwise, are not mutually exclusive, can be exercised more than once, and are cumulative and not alternative, and may be exercised independently, or in any combination, at any time by that party.

Assignment: You may not assign, novate or transfer any of your rights or obligations under these Terms or the User Terms (as applicable) without our prior written consent.

Reliance: Our Services are provided, and obligations are owed, to the Subscriber only and do not extend to any other person (including directors, non-Subscriber Permitted Users, and associated companies).

Governing Law: These Terms (including the User Terms) are governed by, and must be interpreted in accordance with, the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms.
22. DEFINED TERMS AND INTERPRETATION
Defined Terms: In these Terms, the following terms have the following meanings:

Account means an account with us maintained on the QPR Platform that records key information and allows a Permitted User to use our Services according to the related Subscription.

Client means your client, or a client of the FAP where you are the Financial Adviser (directly engaged by the FAP) responsible for giving advice to that client with respect to the relevant financial products.

Confidential Information means, with respect to a party, any information about that party that is not public knowledge and that is disclosed to the other party in the course of, or in connection with, the Terms. Our Confidential Information includes Intellectual Property owned by us (or our licensors). Your Confidential Information includes the Data.

Data means all data, content and information (including personal information of Clients) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the QPR Platform (excluding data and information, we own, hold, use or create), or otherwise sent to us using means we approve.

FAP means the Financial Advice Provider as that term is defined in section 6 of the FMC Act.

Fees has the meaning given to that term in clause 13.

Financial Advice has the meaning given to that term in section 431C(1) of the FMC Act.

Financial Advice Service has the meaning given to that term in section 6 of the FMC Act.

Financial Adviser has the meaning given to that term in section 6 of the FMC Act.

FMC Act means the Financial Markets Conduct Act 2013.

Group Subscription means the licence or right required by a Subscriber to access the Services which covers a number of Permitted Users and is paid for by the Subscriber on their behalf.

Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.

Loss includes loss, liability, claim, proceeding, cost, expense (including the actual legal fees charged by solicitors).

Permitted User has the meaning given to that term in the introduction.

Privacy Policy means QPR’s privacy policy as updated from time-to-time and

QPR Platform means the electronic platform provided by us or a third party to support provision of the Services and includes the Quotemonster, Researchmonster, Advicemonster service, Kiwimonster service, our Website, software, IT solutions, and our systems and networks used to provide the Services (including any third party solutions, systems and networks).

Reports means outputs of the Services and the QPR Platform including documents, reports (including quote reports), data (excluding Data) as well as format, content, and presentation of such documents and reports.

Services has the meaning given to that term in clause 2.

Subscriber has the meaning given to that term in the introduction.

Subscription means the licence or right required by a Subscriber to access the Services.

Subscription Term has the meaning given to that term in clause 12.

Terms has the meaning given to that term in clause 1.

Third Party Service (and Third-Party Service) has the meaning given to that term in clause 9.

User Terms has the meaning given to that term in clause 1.

Website means the website available at www.quotemonster.co.nz and at www.kiwimonster.co.nz

Interpretation: In these Terms:
- clause and other headings are for ease of reference only and do not affect the interpretation of these Terms;
- words in the singular include the plural and vice versa;
- a reference to:
  - a party is to a party to the Terms and includes each party’s permitted assigns;
  - personnel includes officers, employees, contractors and agents, but a reference to the Subscriber’s personnel does not include us;
  - a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity;
  - a clause is to a clause in this document;
  - including and similar words do not imply any limitation; and
  - a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.

Privacy Policy

At Quality Product Research Ltd (“we”, “us”, “our”, “QPR”), we take your privacy seriously. This policy applies to all personal information collected by QPR including from our visitors, Subscribers, Permitted Users and other people that engage with us. Personal information is information about an identifiable individual (a natural person).

In handling your personal information, we strictly adhere to, the Privacy Act 2020 ("Act"). We explain below how we collect, store, disclose use and protect personal information.

By using the Website, QPR Platform, and/or Services, you agree to be bound by this policy. Capitalised terms that are not defined in this policy have the meanings given to them in the Terms of Use.

Personal information we collect and how we collect personal information
The personal information we collect varies depending on the purposes for which it is collected. The main purpose of collecting personal information is to enable us to provide a service for financial advisers to generate life and health insurance quotes and policy research for their clients. The types of personal information we collect include (but are not limited to) the following:

1. Personal identification information and contact details

Depending on your relationship with us, the personal identification information and contact details we may collect include your full name, email address, FSP number, FAP details, phone number, and address.

We collect this information in various ways, including but not limited to when:
- you complete registration for an Account;
- you communicate with us via our Website (for example through our interactive facilities, such as customer forms), or through our staff members;
- you access, use, provide feedback or otherwise interact with the QPR Platform.
We may also collect such information from public sources where they are publicly available such as the FSP register, your website or elsewhere.

2. Financial information

While you may provide us with your credit card information in relation to payment of fees, QPR does not have access to the full details. We do not store those information in our systems, instead it is stored in the systems of a third-party payment provider with bank-grade security facilities, provided by Paystation. QPR can only see the expiry and the last four digits. This limited access allows us to assist subscribers that wish to know which card is registered against their account. It’s important to note that we are not responsible for the privacy or security practices of Paystation. We strongly recommend you read its privacy policy before providing your credit card information.

3. Personal information provided by financial advisers

Personal information about clients of financial advice providers including (without limitation) the following:
- Full name
- Age
- Gender
- Smoking Status
- Financial information including income, savings, debt
- Details of existing insurance cover
4. Personal information we receive automatically from your use of the Services:

When you visit, use, and interact with the Website, we may receive the following information about your visit, use, or interactions:
- Log Data: Information that your browser automatically sends whenever you use our website ("log data"). Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with our website.
- Usage Data: Types of content that you view or engage with, the features you use and the actions you take, as well as your time zone, country, the dates and times of access, type of computer or mobile device, computer connection, IP address, and the like.
- Device Information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
Cookies: We use "cookies" to track your use of our Services, and improve your experience on it. A "cookie" is a piece of information sent to your browser by a website you visit. You can set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. However, refusing a cookie may in some cases preclude you from using, or negatively affect the display or function of, our Website or certain areas or features of our Website.
How we use personal information
We use the personal information we collect for the following purposes:
- to assess whether we can provide our Services;
- to provide our Services;
- to perform other operational functions and activities associated with managing our relationship with you, including internal administration and account management;
- to improve our Website and Services;
- to provide technical support including to troubleshoot problems with the QPR Platform and the Services provided;
- to customise the content and/or layout of our Website the QPR Platform for individual users;
- to respond to communications including to deal with enquiries;
- to contact you about updates to our Website and Services (including updates, security alerts, additional information about our Services and support);
- to promote and market our services to you;
- to conduct research and statistical analysis (on an anonymised basis);
- to protect and/or enforce our legal rights and interests, including defending any claim;
- to comply with our obligations at law and to support us to engage with relevant regulators;
- for any purpose authorised by you or permitted by law.
Who and how we share personal information with
We may disclose personal information to third parties only where the Act permits or in connection with one of the purposes set out in this policy. All third parties must use the information only for the specific purpose for which we supply it. Third parties we may disclose information to may include (without limitation):
- Subscribers
- Permitted Users
- any person authorised by you;
- businesses that support provision of our services (e.g. providers of underlying IT systems, data centres and software, advisers) to enable them to perform those services;
- related companies;
- lawyers and other professionals, in connection with defending, protecting and/or enforcing our legal rights & interests;
- government authorities and regulatory bodies, as required by law only;
- other third parties (for anonymised statistical information);
- any other person authorised by the Act or another law.
We may store your information either physically or electronically, either by ourselves or through our service providers located in New Zealand, or a country outside New Zealand. Where information is stored outside New Zealand, we will take reasonable steps to ensure that the service provider is subject to privacy laws that, overall, provide "comparable safeguards" to those in the Act.

We may share non-personal, non-identifiable information, and/or in aggregate form with its partners for research, site advertising, or business development purposes.
Accessing and correcting personal information
Subject to certain grounds for refusal set out in the Act, you have the right to access personal information that we hold about you and to request a correction to that personal information. We can be contacted in one of the following ways Contact Us
Security
We will take reasonable steps to keep your personal information secure and safe from loss, unauthorised activity or other misuse. This includes limiting the number of people who have physical access to our database servers, as well as implementing electronic security systems and password protections that guard against unauthorised access.
Internet use
While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.

If you follow a link on our website to another site, the owner of that site will have its own privacy policy relating to your personal information. We recommend that the site’s privacy policy is reviewed before any personal information is provided.
Updates
We may change this privacy policy by uploading a revised privacy policy onto our Website. The change will apply from the date that we upload the revised privacy policy.