Terms of Use

Thank you for visiting www.agilestrategy.co.nz ('Website'). You acknowledge that by accessing and using this Website or mobile application (‘App’) you agree to be bound by the following terms and conditions ('Terms') and our Privacy Policy. Your continued use of the Website or App and any use of the facilities or services available through the Website constitutes your agreement to these Terms as amended from time to time. Please read these Terms carefully. If you do not accept these Terms, please refrain from using the Website.

In these Terms, the following words are defined and have a specific meaning:

'Content' means any software, data, information, pictures, graphics and other materials published or made available on the Website, including content generated by users and any third parties.
'Member' means a user that has completed our registration process and created an account on or via this Website.
‘Provider’ means any participating seller, vendor, trader or dealer that has agreed to make Goods or Services available to Members on this Website.
'Offer’ means any financial service or product made available to you by a Provider.
'Services' means any services that are offered by a Provider.
'Third Party Content' means Content supplied by a third party (including by a Provider or other user).
'user' means any user of the Website or App.
'we', 'us' and 'our' are a reference to Newton Financial Solutions Ltd and our related companies as defined in the Companies Act 1993 .
'you' and 'your' are a reference to you.

These terms of use are in effect from July 1st 2019.

Intellectual Property
1. All intellectual property on this Site, including without limit, the text, graphics and copyright works is owned by us (or our relevant content supplier). We are the exclusive owner of all rights in the compilation, design and layout of this Site.
2. You acknowledge that all Site Content is our exclusive property or is used with the express permission of the copyright and/or trademark owner.
3. No Content may be reproduced, published or transmitted without our prior written consent. Copyright, trade mark or other intellectual property right infringement may result in civil and/or criminal penalties.
4. 'Agile Strategy' is our trade mark. All rights in this trade mark are expressly reserved.
5. Unless otherwise indicated, all other trade marks appearing on the Site are the property of their respective owners and may not be used by you without obtaining the owners’ express permission.

Security
1. You will ensure that:
  (a) any use you make of the Site is in good faith;
  (b) your user name and password is kept secure and confidential and not revealed to any other person; and
  (c) you notify us immediately of any unauthorised use of your username and/or password or any other breach of your security on the Site.
2. You will not post or transmit (either directly or indirectly) any Content on the Site that:
  (a) is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable or unsuitable;

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

(d) you know or suspect is false or misleading;

(e) contains any virus or other destructive component;

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

(g) defames, abuses, harasses, stalks, threatens, breaches the confidence of or otherwise violates the legal rights (including, without limitation, privacy rights) of others; or

(h) otherwise breaches the Terms.

You agree not to do any of the following (either directly or indirectly) while using the Site:
(a) hack into any part of the Site;

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

(d) disrupt an exchange of information between users or otherwise act in a manner that negatively affects the Site and/or any user's enjoyment or use of the Site; or

(e) engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches the Terms or is otherwise inappropriate for the Site.

Use of Site and Content
1. By registering with the Site you agree to receive email and/or text message communications from us about offers and other advertising and promotional materials we believe may interest you. You can opt out of receiving these communications at any time by clicking the unsubscribe link in the communication or following the process set out in the text message.
2. You may access, view, reproduce and print the content on this Site provided you only use that content for your personal use or otherwise in relation to using or considering using any of the services we provide through this Site.
3. If you wish to link to any part of this Site, you must obtain our prior written consent.
Cash Contributions, Rewards & Clawbacks
1. Cash contributions are defined as ANY cash contribution paid into a bank account by a financial institution (bank). Or any monies paid by Newton Financial Solutions Limited for any of our insurance products offered.
2. Rewards as advertised by Newton Financial Solutions limited (Trading as Agile Strategy) have a cash value and are subject to the same clawback clause as the cash contribution offered by your chosen provider (if any).
3. The value of all cash contributions and rewards shall be subject to full recovery IF the customer is to either switch financial institutions (change insurer). Or non payment of there insurance premiums subject to the cash reward with 26 months from the issue date of there policy.
4. Newton Financial Solutions Limited (trading as Agile Strategy) will only seek to recover the value of our reward. So if you choose not to accept our reward OR you use one of our accredited Registered financial advisors you will not be liable for any clawback associated with Newton Financial Solutions Limited (trading as Agile Strategy) . However, you may still be subject to a clawback from the financial institution who may have also paid you a cash contribution.
5. Your banking institution or insurer will also require a separate document reflecting this is signed too. Because this will be your selected bank or insurer seeking to recover funds NOT Newton Financial Solutions Limited (trading as Agile Strategy)
6. How we will recover funds:
  1. WE will be notified by your selected insurer or bank if a discharge is requested or of any non payment (insurance) and will then send an invoice to you personally 4.6.2.
  2. If we cannot for any reason recover these funds at this point of the transaction, we will then invoice you personally for this figure for payment within 10 working days.
  3. We will send you confirmation when your clawback period ceases.
All Liability Excluded
1. To the extent permitted by law:
  1. all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Site or the content on or accessed through it; and
  2. we will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Site or the content on or accessed through it.
  3. If the Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above. If you are using this Site or its content for business purposes, the above exclusions and limits will apply and the Consumer Guarantees Act 1993 will not apply.
2. Although we have tried to ensure the content on this Site is current, accurate and complete, we do not guarantee that such content will be current, accurate or complete when you access it. We will take action, within a reasonable time, to correct any error or inaccuracy which is brought to our attention.
3. You acknowledge that this Site may not always be available or some of the functions on this Site may be temporarily unavailable and that we will not be liable to you in respect of any inability to access or use this Site at any time.
Third Party Sites
1. This Site may contain links to third party Sites. These Sites have not been prepared by and are not controlled by us. We do not check, endorse, approve or agree with third party Sites this Site links to.
2. We do not endorse, warrant or make any representation about any Third Party Content and you acknowledge that we have not independently verified any of the information contained in the Third Party Content. We take no responsibility for any Third Party Content (including any inaccuracy or omission).
3. We are not responsible for any communication between you and any user (including Providers), whether such communication has occurred as a result of use of the Site.
4. You acknowledge that:
  1. you use and rely on Third Party Content at your own risk;
  2. Subject to clause 6.1, we do not warrant or make any representation about any Content we have provided for informational purposes;
  3. Subject to clause 6.1, any Content downloaded or otherwise obtained through the Site is done at your own risk and you will be solely responsible for any and all damage (including to your computer system or loss of data); and
  4. Subject to clause 6.1, we make no warranties that the Site will meet your requirements or that the Site will operate uninterrupted, be secure or be error-free.

Qualifying for and claiming Newton Financial Solutions Limited (trading as Agile Strategy) Rewards

Newton Financial Solutions Limited (trading as Agile Strategy) Rewards are indicative only and are subject to change according to the structure of the loan, the lender and the product applied for as chosen by you.
The final nature and value of your Newton Financial Solutions Limited (trading as Agile Strategy) Reward will be confirmed once you have submitted the final details application.
Newton Financial Solutions Limited (trading as Agile Strategy) Rewards are only applicable as advertised for certain products and are contingent on a successful application for those products.
A successful application is defined as an application that has been made by the user, accepted, and settled by the insurer.
You are welcome to use any support documentation, chat or call us on 021 888975 to get support for your application. However you will waive your eligibility for a Newton Financial Solutions Limited (trading as Agile Strategy) if you:
1. Abandon an application then enlist the support of another certified Financial advisor; or;
2. Reapply after an unsuccessful application with the support of a certified Financial Advisor.
There is no obligation when our advisor calls and there is no charge for receiving their help.
Newton Financial Solutions Limited (trading as Agile Strategy) rewards will be delivered to you within 28 days of the issuing of your eligible insurance policy
Newton Financial Solutions Limited (trading as Agile Strategy) reserves the right to withdraw this offer from the market at any time and for any reason.

Liability
1. The New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms must in all cases be read subject to those statutory provisions.
2. Subject to clause 6.1, to the fullest extent permitted by law, we exclude all responsibility and liability whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special or loss of profits) in relation to:
  1. the Content (including without limitation any errors or misstatements);
  2. the Site; and
  3. the Goods and/or Services supplied.
3. You waive any claim against us in respect of or arising from any reliance by us upon any use of your username and/or password, including us disclosing information relating to your registration and/or affairs with us.
4. You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs) or losses by us or any third party due to or arising out of:
  1. reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your account details (including your username and/or password);
  2. your failure to complete any transaction that the Site may have facilitated;
  3. your breach of any of these Terms; or
5. any conduct of yours or any transaction entered into by you that does not comply with the relevant law.
Severability
1. If any portion of these Terms is deemed to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.
Dispute Resolution
1. Where any dispute arises between you and another user (including any Provider) you agree in good faith to use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any formal legal action. You acknowledge that we will not be a party to any such dispute.
Law
1. These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand.
Termination
1. We may cease operating the Site, or any part of the Site, at any time in our sole discretion.
2. We have the right to immediately terminate any Member account, and to prevent access to the Site by any user, in the event of any conduct by the user which we, in our sole discretion, consider to be unacceptable, or in the event of a failure by the user to comply with any of these Terms.
3. Termination will not affect the rights or liabilities that have already accrued.
Our Role as a Financial Advisor
1. Newton Financial Solutions Limited (trading as Agile Strategy) is a registered financial advisor, the website’s information must not be relied on as financial advice.
2. Paul Newton the director of Newton Financial Solutions Limited (trading as Agile Strategy) is a registered financial service provider (FSP496026), with a dispute resolution service available. However, all individual advisors associated with Newton Financial Solutions Limited (trading as Agile Strategy) will have their own FSP registrations.
3. Newton Financial Solutions Limited (trading as Agile Strategy) exists to facilitate applications and remain impartial. We do not represent any clients that are referred to third party advisors.
4. New Zealand legislation dictates you meet one of our advisors in person and talk through what you want to achieve. We have both Registered Financial advisors available to talk to and Authorised Financial Advisors should you require investment advice.
5. If you already deal with a financial advisor we may be able to refer your application with us back to your preferred advisor.
Privacy and Personal Information
1. You confirm that all information provided to us on the Site is current, complete and accurate at the time you provide it. You agree to maintain and update this information to keep it so.
2. Please refer to our Privacy Policy for further conditions relating to your personal information. Our Privacy Policy is incorporated into these Terms.
Contact
1. If you have any questions or concerns in relation to the Site or these Terms, please contact us.
Privacy Policy
1. The Privacy Policy available on our home page governs the collection, use and disclosure of your personal information by us. The Privacy Policy forms a part of these terms of use.
Jurisdiction and Governing Law
1. This Site and content have been prepared in accordance with the requirements of New Zealand law. These terms of use and any matters or disputes connected with this Site will be governed by New Zealand law and will be dealt with by New Zealand courts.
Amendments
1. We may amend these terms of use from time to time, so you should check and read these terms of use regularly. By continuing to use this Site after any such amendment, you are deemed to have agreed to the amended terms of use.

Terms of Use

Intellectual Property

All intellectual property on this Site, including without limit, the text, graphics and copyright works is owned by us (or our relevant content supplier). We are the exclusive owner of all rights in the compilation, design and layout of this Site.