TERMS AND CONDITIONS 

These terms and conditions are specifically designed to make www.Prowze.co.nz a safe and  workable place for our Members, Moneycard Users and Visitors. 
  
1. THE ACCEPTANCE OF OUR TERMS AND CONDITIONS:

TERMS AND CONDITIONS: 
 
 
By registering as a Member or using the Moneycard or becoming an Advertiser on Prowze you are agreeing to be bound by these terms and conditions as well as any other guidelines, rules, additional terms referenced herein including any amendments made to them from time to time.  Each time you access Prowze or use the Moneycard you confirm that you have read and understood these terms and conditions. Should you not accept or are unwilling to be bound by these terms and conditions then you must and shall not use or access the Prowze Services or the Moneycard and must not accept any Rewards given by Prowze. Prowze does not associate or create memberships with any shell organisations, or allow for any user registrations for users that do not have physical address or valid Identifications.

 
The terms and conditions are the conditions on which www. Prowze.co.nz and www. Moneycard.co.nz offers you access to the Services contained herein on the web site www. Prowze.co.nz. and www. Moneycard.co.nz (Prowze)  
 
By accepting these terms and conditions you will receive a Prowze email newsletter on a regular basis. If you do not wish to receive these emails, please reply to them with unsubscribe in the header. The newsletter will be used to promote special offers from Prowze that are available to our Members and Users. 
 
2.  AMENDMENT OF TERMS AND CONDITIONS: 
 
Prowze may amend these conditions in whole or in part from time to time at its sole discretion and we recommend that you check them on a regular basis.  Amendments will be effective immediately upon posting of the amended terms and conditions on this web site or any new terms accepted by you. You are responsible for ensuring you are familiar with the latest version of the terms and conditions.  You agree to check the terms and conditions each time you use the Services and will be taken as accepting the then current terms and conditions each time you choose to use the Services. 
 
3. TERMS:  
 
In these terms and conditions, the following words have the meanings set out as follows:

"Services" means any one or more of the offered Services by Prowze from time to time, including chat, text or Rewards and any other Service that Prowze may offer.  
"Member" means a registered Member of Prowze. An Advertiser may also be a Member.  
"User" means a user of Prowze Services including persons using The Moneycard.  
"Site" means the website known as " Prowze.co.nz" or any website containing the letters " Prowze " as may be presently registered by Prowze as a domain name at the date of this Agreement or may be registered by the Prowze from time to time. "Advertiser" means any party who advertises for sale and goods or Services on the Site and may include an individual or a corporate entity. A Member may also be an Advertiser.  
 
"we" , "us" and "our" are a reference to Prowze Group.  
"you" and "your" are a reference to you. 
"Webpage" means the home page in the website known as " Prowze.co.nz". 
"account" means a working and paid account used by Businesses.

 
4. PROWZE'S SERVICE 
 
Prowze provides a venue to introduce Advertisers who want to advertise for sale certain products or Services to Members or for Members to search for certain specific goods and Services offered by Prowze's Advertisers or other Members and or Merchants. Prowze through its Moneycard, pays its users Rewards in Cash.  
 
Prowze does not take any part in the sale of Services or items other than by providing our web site as a venue for Members and Users. We do not act as agent for either party and do not participate in any transaction between you and other Members, this may change from time to time. 
 
4.1  USE OF SERVICES: 
 
You may search the Prowze database for products and services and business contact information. You may also use the Moneycard to collect Rewards, Register your Card and create your account, login and view your account balances and transactions report.  

 
You are responsible for complying with all laws applicable to the content you submit via the Prowze Service.  You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content. 
 
Prowze does not control the content posted by third parties via the Prowze Service, and does not guarantee the accuracy, integrity or quality of such content.   
You acknowledge that by using the Prowze Service you may be exposed to content that is offensive, indecent or objectionable.  Under no circumstances will Prowze and or Prowze.co.nz, Prowze,  be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.   
 
 
4.2 RISK: 
 
All transactions and other contact between you and other Members and or Advertisers and Merchants are conducted entirely at your own risk. You agree that Prowze takes no responsibility or liability for any misconduct or breach of these terms and conditions by any of its Members or Advertisers and Merchants including, without limitation, Members or Advertisers and Merchants that have made false registrations  or who attempt to defraud or defame you or otherwise waste your time. Prowze gives no undertakings, representations, or warranties in relation to products or Services sold or listed on the web site, including and not limiting to the accuracy or truth of listings, the identity of any of the Advertisers or Members, or that any product or Service listed will meet your requirements or expectations or whether or not you can complete a transaction. You expressly acknowledge and accept that Prowze makes no warranties that its Service will meet your requirements,  Service will be uninterrupted, timely, secure or error-free, or that results that may be obtained from the use of the Service will be accurate or reliable, or quality of any products, Services, information or other material obtained by you through the Service will meet your expectations; and  or that any errors in the software will be corrected.  Any material downloaded or otherwise obtained though the use of the Service is assessed at your own discretion and your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material. 
 
Unless specified otherwise, we do not take any part in the sale or purchase of goods or Services other than by providing this Site as a venue for advertisers and people who wish to buy and sell goods and Services and Users that wish to register and use an account to view thier Reward Balances. 
 
We will take reasonable care to ensure that information provided through the Services is accurate, reliable, adequate, complete and current but we cannot and do not represent or warrant that this will always be the case 
 
We are not responsible for any information that does not originate directly from us, any links we provide to third party sites or information accessible from those sites or any loss or damage arising from your use of the Services; 
 
We do not Ensure that the information you access or find available through using the Services will be private or secure or free from viruses or other harmful effects. 
 
4.3  Disclaimer: 
 
You expressly agree that, the use of the Services is at your risk and no responsibility for risk is taken by Prowze whatsoever. The web site and Services are provided only on an "as is" and "as available" basis. To the maximum extent permitted by law, Prowze disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;  
 
b. Prowze does not warrant that its Services will be uninterrupted, timely, secure, or error free, or any information provided on the Site is correct, error-free or reliable. The Responsibility for the content of advertisements appearing on the Site (including hyperlinks to advertisers' own websites) rests solely with the advertisers, but not limited to Cash Rewards. The fact that an advertisement is placed on the Site does not constitute Prowze's recommendation or endorsement of the advertised product or Service. 
 
4.4 Limitation of Liability: 
 
To the maximum extent permitted by law, any and all liability of Prowze  which arises in connection with these terms and conditions, or in connection with the, the Site, another Member's OR Advertisers acts or omissions, or your use of or inability to use, the Services or the Site is excluded. Furthermore, Prowze's liability is excluded in respect of any incidental, punitive, and consequential damages, whether direct or indirect, including, without limitation, , loss of data, business interruption, loss of business loss of profits or loss of Rewards or anticipated savings, general and special damages, and consequential or incidental loss.  
 
4.5 INDEMNITY : 
 
You fully agree to indemnify Prowze and keep Prowze indemnified at all times hereafter from and against all actions, claims, costs (including all solicitor/client legal costs and expenses) losses,  damages, liabilities or demands suffered or incurred by Prowze arising out of or in connection with your failure to comply with these terms and conditions, - including any  failure by you to complete a transaction or which relates to your use of Prowze service such as Rewards in Cash or chat on the Site, and text messaging or arising out of any content on site. 
 
On any default or failure by you to observe and perform any of the covenants terms and conditions of these Terms you will forthwith on demand by Prowze and pay to Prowze and make good all losses and expenses sustained or incurred by Prowze by reason of or in consequence of any such breach, default or failure by you. 
 
4.6 BREACHING OF TERMS AND CONDITIONS : 
 
If you breach these terms and conditions or where Prowze considers it appropriate, Prowze may (without warning or any explanation whatsoever) may take action to suspend or terminate your Membership, limit your activities on the web site or warn other Members of your actions. Prowze may exercise any other rights and remedies available to it under these terms and conditions or otherwise available.  
 
5. BECOMING A MEMBER, ADVERTISER OR USER : 
 
User Membership is free. Advertisers pay to subscribe. However, you may only register as a Member or become an Advertiser if you can form a legally binding contract that is enforceable against you. By registering as a User or Member or becoming an Advertiser, you warrant that you can form a legally binding contract and you acknowledge that by becoming a User or Member or Advertiser, you are contractually bound by these terms and conditions. 
 
5.1 Accurate Membership and or account Information: 
 
You warrant that the information provided when you registered was and remains complete and accurate. You must maintain and update your personal information held by Prowze to ensure it is current at all times. You must not register multiple identities or use another person's names and personal details (whether false or not). Prowze may phone or mail you to verify these details.  
 
5.2 TERMINATION OF MEMBERSHIP :  
 
Prowze reserves the right to decline to register or to terminate your Membership without providing you with any warning whatsoever or entering into discussions with you. By way of example and no limitation, Prowze may terminate your Membership if a serious complaint is received about you from another Member or Members or Advertisers or users, and finds you in breach of its terms and conditions (regardless of whether you were aware that you were breaching these terms and conditions at the time of the breach). Prowze, at its sole discretion, can deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. 

5.4 TERMINATION OF ADVERTISERS AND OR MERCHANTS OR BUSINESSES ACCOUNTS :  
 
Prowze reserves the right to decline to register or to terminate your Account without providing you with any warning whatsoever or entering into discussions with you. By way of example and no limitation, Prowze may terminate your account if a serious complaint is received about you from another Member or Members or Advertisers or users, and finds you in breach of its terms and conditions (regardless of whether you were aware that you were breaching these terms and conditions at the time of the breach). Prowze, at its sole discretion, can deem your behaviour to be unacceptable. Upon any such termination Prowze will retain any fees paid. Any fees paid is non-refundable. Any amount owing to Prowze will be collected and all collection fee will be payable including interest. 
 
5.5 SECURITY :  
 
You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree, not to permit any other person to use your user name or Membership OR account; and not to disclose your password,  or any information to any other person that may allow them to use your Membership. You agree to indemnify Prowze of any unauthorised use of your password or account or any other breach of security and ensure that you exit from your account at the end or each session. 
 
6. RULES 
 
6.1 General 
 
a) Your listed prices or costs must be in New Zealand dollars and include GST in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).  
b) Contracts for the sale of land must be in writing to be legally enforceable. We recommend that you and the other Member should agree in writing the price and terms of sale for the real estate after each of you has obtained independent legal advice.  
c) You must not use the Services or the Site to promote items for sale outside the Services.

d) You must not attempt to interfere with or harm the Site or Services, or any network, or system underlying or connected to them. 
 
d) You may not modify, adapt, translate or reverse engineer any portion of the Site. 

e) All advertising, listings or other communications made through Prowze shall be made in good faith.  
 
f) You must not create a user account by automated means or under false or fraudulent pretences.

g) You may not collect any information about other users or Members (including usernames and/or email address) for any purpose other than to solicit and share reviews with other Prowze users or Members 
h) You must not create or transmit unwanted electronic communications such as "spam" to other users or Members or Advertisers or account holders, otherwise interfere with other user's or Member's or Advertiser's enjoyment of the Site 
I) You must not submit content or materials that are unlawful or promote or encourage illegal activity 
j) You must not submit false or misleading information on to the Site 
k) Prowze Memberships and accounts are not transferable and therefore can not be sold or traded.

l)  You must not submit any third party materials or content without that third party's prior written consent. 
 
m) The guarantees contained in The Consumer Guarantees Act 1993 are excluded where an Advertiser acquires, or holds himself out as acquiring, goods or Services from us for the purpose of a business.  
n) You must not use a robot, spider, scraper or other automated means to access the Site or information feature on it for any purpose.

o) You must keep us protected against any legal action taken against us and pay us any costs, losses or expenses we incur in connection with your use of the Services 
 
 
6.2 RULES FOR ADVERTISERS AND ACCOUNT HOLDERS 

Upon registering an account with Prowze, you accept and authorise Prowze and grant Prowze the absolute power to allow, disallow, change, add, delete or modify any keyword and or keywords at its own discretion at any time. All keywords have to be directly relative to your products and services that your account provides. Abuse of keywords can result in your account being terminated or suspended without notice.    
 
In accepting any material including electronic material or data for publication, and in publishing it we are doing so in consideration of and relying on the Advertisers express warranty, the truth of which is essential: 
 
6.2.1 That the material does not contain anything:  
(a)     that is misleading or deceptive or likely to mislead or deceive or which otherwise breaches the Fair Trading Act 1986.  
(b)    that is defamatory or indecent or which otherwise offends against generally accepted community standards.  
(c)     that infringes a copyright or trademark or otherwise infringes any intellectual or industrial property rights.  
(d)     that breaches any right of privacy or confidentiality  
(e)     that breaches any provision of any statute, regulation, by-law or other rule or law, and  
6.2.2   That the material complies in every way with the Advertising Codes of Practice issued by the Advertising Standards Authority Inc. ("ASA") and with every other code or industry standard relating to advertising in New Zealand, and  
6.2.3   Publication of the material will not give rise to any liability on our part or in a claim being made against us in New Zealand or elsewhere.  
6.2.4  The Advertiser agrees to indemnify us against all losses or costs arising directly or indirectly from publication of the material, and from any costs incurred in our making corrections or amendments in accordance with the terms that follow.  
6.2.5  We may refuse to publish and or take any materials or Advertising off publication at any time, using our sole discretion, or withdraw material from publication without having to give any reason.  
6.2.6  We may publish the material at a time different from that originally booked if there is an error or delay in publication of the material as booked.  
6.2.7  We may correct or amend material to conform to style or for other genuine reason as long as we do so using reasonable care.  
6.2.8  The positioning or placing of any material within the electronic database is at our discretion except where specifically agreed in writing.  
6.2.9  We may take orders for advertising material in specific spaces (space orders). The space may be used only by the Advertiser for advertising of the Advertiser s usual business and may not be transferred by the Advertiser to another person.  
6.2.10 Any late delivery of creative material resulting in the delay of a campaign is the responsibility of the Advertiser. The campaign will be deemed for invoicing purposes to have begun on the original start date specified in the booking.  
6.2.11 The Advertiser must tell us as soon as possible if there is an error or omission in any material the Advertiser has placed.  
6.2.12 Advertising placed by Advertisers who are not New Zealand residents will be exempt for GST purposes. GST will be applied at the standard rate to advertising placed by non-resident agents acting for New Zealand resident principals. Where we cannot ascertain the tax residency status for you, we may charge GST.  
6.2.13 The guarantees contained in The Consumer Guarantees Act 1993 are excluded where the Advertiser acquires, or holds himself out as acquiring, goods or Services from us for the purpose of a business.  
6.2.14 We will not be liable for any indirect or consequential loss (which includes loss of revenue or profit) from an error or omission in material published, or for failure to publish, whatever the reason for the error. If we are found to have any direct liability to our customer in any circumstance that liability is limited to the cost of the advertising space for the relevant material in the website.  
 
 
 
7. PROHIBITED ADVERTISMENTS AND PHRASES  
 
7.1 The following advertisements are prohibited:  
 
a) All advertising involving the sale or exchange of the following breeds of dogs:
Japanese Tozo
Brazillian Fila
American Pitbull
Argentinian Dogo

 

b) Jobs which promote gambling, gambling websites, or gaming activities that breach the Gaming and Lotteries Act

c) Jobs which do not provide full details of the product or Service involved.  

d) Pyramid or other commission jobs which do not involve the sale of a legitimate product or service 
 
e) Jobs involving activities, products or Services which maybe considered offensive or illegal  
f) Advertisements that imply that the advertiser intends to unlawfully discriminate are prohibited by the Human Rights Act 1993. Discrimination may be unlawful it is based on any of the following grounds:
Sex, including pregnancy
Ethnic or national origins
Employment status
Sexual orientation
Religious beliefs
Political opinion
Family status
Marital status
Ethical beliefs
Disability
Colour
Race
Age

 
7.2 The following terms are prohibited from advertisements and must not be used :
'Married man required'
'Unmarried mother'
'De facto couples only'
'No queers'
'Straights only'
'No Maoris'
'Single applicants only'
'New Zealanders only'
The use of: 'he, she, male, female, girl, boy, woman, man'
'No children'
'No gays'

 

 
7. 3 An advertisement cannot ask for ' citizenship'. It can however ask for an 'authority to work within that Country'.  
 
8 NO GUARANTEES OR ENDORSEMENTS OF SITES OR SERVICES LINKED TO PROWZE OR THAT PROWZE LINKS TO 

Links should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or Services referred to on those other sites or otherwise posted on this website, unless specifically stated.   
 
You must:
Communicate and deal with sellers and buyers directly to complete transactions or resolve problems arising from them, but please use caution, common sense and practice safe trading when doing so;
Only create links from this website to external websites where you are entitled to do so and the creation of the link does not otherwise breach these terms; and
Only create links from external websites to the website with our prior written permission.
We encourage you to review the terms and conditions of websites you chose to link to from this website.  We are not responsible for the terms and conditions or other information posted or collected via those websites.

Prowze is not responsible for the copyright compliance of any linked site.  Prowze will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party Service provided by any third party. 
 
You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or Services. In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertisers website and executing the relevant transaction. Such offers are not made by Prowze, and the third party advertiser is solely responsible to you for the delivery of any goods or Services you purchase on the third party website. 

Prowze gives no guarantee to you of the continued availability of any particular job, home or motor vehicle or any products and or service whatsoever advertised on the Site and will not be liable to you should an advertiser have filled the vacancy or sold the particular item advertised at any time prior to removal of the advertisement from the Site. 
 
 
9  ENDING ADDING, CHANGING OR SUSPENDING ANY SERVICES 
 
Prowze may at any time and without notice:

End (stop providing), suspend or restrict your access to any Service if you do not meet any responsibility you have to us; or

Terminate OR suspend the operation of the website and/or the Services (in whole or in part) temporarily, if we think it reasonable or necessary (e.g. for support or maintenance work or to update content), permanently if we decide to stop providing a particular Service.

This will not affect any rights and responsibilities which are intended to continue, or come into force after that date or event.

Change the format and content of this Site and/or products or Services offered at this website including adding other levels of enhanced listings, displayed advertisings and the order of enhanced listings to the Service. All rewards are paid at the discretion of Prowze, and you agree that any Rewards paid remain the property of Prowze and any rewards held by Prowze remains the property of Prowze until such time as its redeemed. All Prowze Moneycards or any Rewards cards remain the property of Prowze, and Prowze reserves the rights to cancel or terminate any card or reward, Merchant Account, Members Account or listings at its discretion at any time. Prowze may at any time, place any Reward or portion of Reward on hold for a period, or expire or withdraw any Reward or portion of Reward at its sole discretion. This could apply to Rewards already given out to Users, but remain unclaimed or unredeemed. Prowze holds no responsibility or any liability whatsoever in case Rewards are placed on hold or expired or withdrawn. By accepting Cash Rewards from Prowze, a User agrees that Prowze can withdraw that Reward or expire that Reward or portion of that Reward should Prowze feel the need to do so at any time on Rewards unredeemed. Prowze encourages Users to redeem Rewards regularly. Users can redeem their Rewards by purchasing goods using their Rewards (using the EFTPOS Moneycard) from participating Businesses. Users must login and check thier card account balances to ensure sufficient funds (Rewards) are present in thier Card account before making purchases. Prowze may from time to time nominate its Cash Rewards to be used or redeeemed at nominated Venues.

 
10 GENERAL MATTERS 
 
10.1 System Integrity: 
 
Prowze will use its reasonable endeavours to ensure that  the Site and Services, are always available, subject to any downtime required for maintenance. Prowze will endeavour to provide advance notice of planned maintenance; However, Prowze takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Site or Services being unavailable. Further, Prowze assumes no responsibility for the corruption of any data or information held by Prowze. 
 
10.2 Resolution of disputes: 
 
Prowze is not a party to any transaction between you and another Member or Advertiser accordingly, you agree not to involve, or attempt to involve, Prowze in any dispute or in the resolution of any disputes that arise between you and another Member or Advertiser as a result of the Services provided. 
 
10.3 No Waiver: 
 
If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.  
 
 
10.4 Governing Law: 
 
These terms and conditions are governed by the laws of New Zealand.

10.5 Partial Invalidity: 
 
If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force at all times. 
 
 
10.6 Intellectual Property Rights:  
 
Prowze owns all proprietary and intellectual property rights in the Site except that which is provided by advertisers (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Site. You may not without our prior written permission, in any form or by any means:  
a.    Copy, , distribute, , display, , publish or create derivative works from any part of the Site; or  
b.    Commercialise, copy, or on-sell any information, or items obtained from any part of this web site.  
c.      Any rights not expressly granted herein are reserved.  You agree not to breach any trade mark, copyright, patent, design or other rights in relation to all trade marks, information, images, logos and other intellectual property included in Prowze's site.  No logo, graphic or image from the Prowze site may be copies or retransmitted unless expressly permitted in writing by Prowze.  Do not upload or copy any material unless you have the right or appropriate consent to do so. 
d.     You agree not to download, copy, transmit or otherwise replicate any of the information on this Site, including ratings and comments, for any business purpose.  
 
 
10.7 Specific Agreement will prevail 
 
Where an Advertiser has entered into an agreement with Prowze ("Specific Agreement") then any conflicting provisions of that Specific Agreement shall prevail over this Agreement, except where particular matters are not dealt with in the Specific Agreement and in that case, this Agreement shall prevail.

10.8 Entire agreement: 
 
These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.  
 
10.9 Privacy: 
 
Without limiting our Privacy Policy you agree that Prowze may use personal information collected from you to assist us to provide the Services to you, to verify your identity, for promoting and marketing of additional  Prowze products and Services to you, and for any other use that you authorise. 
Prowze does not allow third parties to access your personal information without your consent, however you agree that Prowze may disclose your personal information to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of our privacy policy. 
 
You may contact us to request access to any information that we hold about you and you may also ask us to correct that information if you consider it to be inaccurate. 
 
10.10 Payment :

 

All payments in relation to any subscription and or any purchase from Prowze, must be made via our online services provided, eg, Credit Card Transactions. Payments can also be made via automated bank deposits, where prior arrangements have been made and Prowze supplies you with its account number. We do not accept payment through our Sales Persons, and will not be responsible for the payment should it not reach its destination.

 

11 Contact :

 

Prowze headquarters is located at 188 Quay Street, Auckland, New Zealand.

 

12 Refunds :

 

All payments to Prowze are NON-REFUNDABLE

 

13 Savings :

 
Any member that joins our Savings Plan, can use his/her savings to purchase goods and services from our participating businesses at any time.

 

14 Bonus :

 

Bonuses are extra Cash Rewards given to Members upon shopping. Bonuses are given over and above the normal rewards available at the time. These are given at the discretion of Moneycard periodically to chosen Members.Moneycard reserves the rights to withdraw any unused bonus, change or edit any bonus amount, or change any rules surrounding it at its sole discretion. Moneycard reserves the right to substitute any unused reward with a new reward at its discretion at any time.