Website Terms and Disclaimer

The newbuild.co.nz website provides general information regarding NewBuild Finance Limited (NewBuild)  and its range of services. The website is not intended to provide a comprehensive source of information for consumers nor for your individual circumstances.

The website should not be viewed as a substitute for obtaining professional service or legal advice. Although skill, care and diligence has been exercised in compiling the information on the website, NewBuild, its Subsidiaries and Suppliers make no representations and give no warranties as to the accuracy and completeness of the information on the website and, to the maximum extent permitted by law, NewBuild, its Subsidiaries and Suppliers will not be liable to any person, company or institution, for any advice, errors or omissions in any information appearing on the website or incorporated into it by reference.

NewBuild, its Subsidiaries and Suppliers provide the information on newBuild.co.nz on the basis that you undertake responsibility for assessing the relevance and accuracy of the content and your ultimate application and use of the same – including service supplied. Interest Rates and Lending Guidelines are subject to change without notice.

NewBuild incorporates a loan management system that may not be available to all regions, customers or Builders.  Builders may be limited by their ability to provide an acceptable third party guarantee, and their willingness to follow the NewBuild progress claim process, and the associated rules. Customers are responsible for their due diligence when entering a contract with a builder, and the terms used by NewBuild for "Preferred" or "Approved" builder status only confirms the builders ability and/or willingness to follow the NewBuild processes, and does not endorse to recommend a builder for any other purpose.

The material in this website is in no way to be relied upon as a guarantee of deliverability by a customer to builder, or builder to customer, and NewBuild shall be held harmless from any non delivery from either party.

Where relevant, NewBuild and its Subsidiaries suggest you always consult a reputable Register Financial Advisor, a qualified person with appropriate knowledge and experience to obtain any further advice you require in relation to the information appearing on the website.

Your use of the newBuild.co.nz website is covered by this disclaimer, and by using the website you are accepting the terms of this disclaimer and terms of trade.  Please do not use this website if you disagree with any of the clauses in this disclaimer.

Privacy Policy
By using the Website, you authorise NewBuild to collect and use the following kinds of personal information from you:
(a)    information about your use of the Website;
(b)    information that you provide for the purpose of registering with the Website;
(c)    information about transactions carried out over the Website;
(d)    information that you provide for the purpose of subscribing to the Website’s services; and
(e)    any other information that you send to NewBuild, its distributors and/or agents.
You acknowledge and accept that NewBuild may use your personal information solely for the purpose of:
(a)    the administration of the Website;
(b)    personalising the Website for you;
(c)    enabling your access to, and use of, the Website;
(d)    advising to you, product updates, web site updates, marketing and advertising for NewBuild products and services;
(e)    supplying the products to you or your designated recipient and obtaining payment; and
(f)      assessment of credit-worthiness and enforcement of NewBuild rights.

Where NewBuild discloses your personal information to its agents or third parties for these purposes, the agent or third parties in question will be required to use that personal information in accordance with the terms of this privacy policy and any applicable privacy legislation.

Cookies
NewBuild (NZ) Ltd., uses "cookie" technology to enhance and facilitate your visit to the NewBuild website. The "cookie" files are sent to your computer and identify you as a unique user and store your personal preferences and technical information. We use:

a) Permanent "cookies" (i.e., the cookies remain on your computer until you delete them), and b) Temporary "cookies" (i.e., the cookies last until you close your browser).

"Cookies" do not themselves contain or reveal any personal information. If you submit personal information via the NewBuild website information can be linked to the data stored in the cookies.

If you do not accept NewBuild, use of cookies you may change your browser settings so that the browser does not accept cookies (instructions on how to change your browser's cookie settings should be found in the help section in ‘your’ web browser). If you change the settings you may not be able to access certain parts of the NewBuild parts or service website.

In addition to the disclosures reasonably necessary for the purposes identified above, NewBuild may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Other than as stated above, NewBuild will not disclose any personal information relating to you to any third party without your consent.

You acknowledge and accept that:
(a)    the information is held in secure data servers by NewBuild at the Website host for newBuild.co.nz – notwithstanding that it may also be held elsewhere by NewBuild and other persons for the purposes described above; and

(b) where information can be readily retrieved you will have access to it, the right to request correction, deletion and the right to be notified of action taken in response to any such request, subject to payment of any reasonable charge.

NewBuild will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information, which includes storing all the personal information you provide on its secure servers, and protecting information relating to electronic transactions entered into via the Website by encryption technology.

Information that NewBuild collects may be stored to enable the use of the information in accordance with this privacy policy. You agree to such cross-border transfers of personal information.

In the event that NewBuild or the Website is sold, acquired, merged, liquidated, restructured or otherwise transferred to another party, NewBuild reserves the right to transfer to the extent permissible by law its user databases, together with any personal or non-personal information contained therein to such party acquiring the assets.

Intellectual Property
All content included on the Website (including compilation of, and software used on, this Website), such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of NewBuild or its content and software suppliers, and protected by New Zealand and International copyright laws.

No part of the Website or the Intellectual Property in any products and services provided by NewBuild may be distributed or copied for any commercial purpose, nor incorporated in any other work or publication whether in hard copy, electronic or any other form. Intellectual Property includes the design of, and all content appearing on the Website, trade marks (including logos), domain names, copyright, registered designs, patents, rights in computer software, databases and lists, confidential information, know-how and trade secrets and manuals, whether registered or unregistered and whether such rights are capable of registration.

All Intellectual Property contained in the products and services provided pursuant to the Terms by NewBuild (including any improvements, addition, modification or revisions of the same) is owned by NewBuild.

Disputes, Governing Law and Jurisdiction

Any disputes relating in any way to your visit to the Website or to products or services sold or distributed by NewBuild through the Website will be governed by the law of New Zealand, and you agree to submit to the exclusive jurisdiction and venue of the Courts of New Zealand.

Compliance with Local Law
You agree to, at all times, comply fully with all relevant laws, ordinances, rules, regulations and orders of all relevant regulatory bodies in the country in which you reside in relation to all transactions made by you on the Website and in relation to any of the information, products or services made available to you by NewBuild.

Amendments

NewBuild reserves the right to amend these Terms of Trade from time to time, without notice to you by posting amended Terms of Trade on the Website. By continuing your access to or your use of the Website or products acquired from NewBuild after such amendment, you are deemed to have agreed to the amended terms.

No Waiver
Failure by NewBuild to enforce any of the terms and conditions contained in the Terms will not be deemed to be a waiver of any of the rights or obligations it has under the Terms.

Severability
If any provision of the Terms is declared or adjudged to be invalid, void or unenforceable, such provision will be severable and deemed deleted from this agreement and will not affect the validity, existence, legality or enforceability of the remaining provisions.

Communication
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.