Terms and conditions
Here are the legal bits and pieces you need to know
Bound by Use
By accessing Tower Limited’s (Tower) website, www.tower.co.nz, you agree that the following terms and conditions (Terms) apply to your use of the site and all information, products, services, applications and portals (including My Tower and Charlie the chatbot) provided or offered by or through that website (collectively, Website). If you do not agree to these Terms, you must not continue to access or use any part of the Website. We may change or update the content of the Website, including these terms and conditions applicable to the Website, at any time without prior notice. In these terms and conditions, all references to ‘we’, ‘us’, ‘our’ and ‘Tower’ are references to Tower Limited. These terms and conditions are in addition to, and do not replace, any specific terms, conditions and underwriting criteria applicable to any Tower product, service, application, portal, marketing and/or promotion provided or offered on the Website.
Use of the Website
You are granted a non-exclusive license to access the Website and the information it contains. By accessing the Website you agree not to use the Website for any commercial or competitive advantage; any illegal, defamatory or objectionable purpose; or any purpose which brings or could bring Tower’s reputation into disrepute. You also agree not to decompile, reverse engineer or try to decompile or reverse engineer any part of the Website, including the secure sites. Anyone found breaching the user rights will be prosecuted to the full extent of the law.
Except as otherwise specified, the information contained on the Website is of a general nature only and does not take into account any individual’s particular circumstances (whether financial, medical or otherwise). While we try to ensure that the content of the Website is up to date and free from error, we do not give any guarantee or other assurance of the currency of any information on the Website or its accuracy, adequacy, completeness or suitability for your intended use. The Website is not intended to provide a substitute for comprehensive or specific professional advice. You should not act in reliance upon any information contained on the Website without first obtaining professional, independent advice relevant to your individual circumstances. By accessing the Website, you confirm you have taken such advice or decided against it.
Accuracy of Information
Where Tower's share price is shown on the Website, investors and advisers are reminded that information regarding Tower's share price may be delayed, or inaccurate, and that investors wishing to trade shares in Tower should do so on the basis of information provided by the NZX or ASX. Information provided on the Website is provided in good faith and is derived from sources believed to be reliable and accurate. However, certain information may be selective, and Tower advises that it may not be complete for the purposes of any individual or company.
To the fullest extent legally possible, neither Tower Limited nor any of its related companies, or their directors, employees, agents, independent contractors, nor any other person, accepts any liability or responsibility for any loss, damage, cost or expense (including but not limited to financial loss, loss of revenue, loss of profits or savings, indirect or consequential losses) arising in contract, tort (including negligence) or otherwise, that may result from any error, omission or misrepresentation on the Website or reliance on information contained on the Website or from any use of or access to the Website, nor do they guarantee the performance of any fund or other investment contained or referred to on the Website. Tower makes no representation or warranty about the accuracy or completeness of information and accepts no liability or responsibility in respect of errors in or omissions from information contained on the Website, to the extent permitted by law. To the fullest extent legally possible, we exclude every warranty, representation and condition of any kind that might otherwise apply in relation to the Website, its content and functions including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time.
In providing a quote, Tower may access a third party data service to help facilitate the quotation and purchase process. Tower makes no representation or warranty as to the quality of any of those services or their suitability to your circumstances. It is your responsibility to validate any data that is populated on your behalf. This Website uses Auto Information Ltd (Red Book) data for vehicle values. Red Book has prepared this data and valuations from information gathered from a variety of sources. You acknowledge that whilst all care is taken in producing the data and valuations, Red Book cannot guarantee or make any representations regarding the use of, or reliance, on it. Red Book is not responsible for all the information provided via the Website and you should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information. Neither we nor Red Book are liable for any loss or damages (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, this valuation and data. From time to time the Website may contain links to other websites. These links are provided for convenience only, and do not represent any endorsement by Tower of the products or services offered by the site owner. Tower makes no representations and accepts no responsibility or liability in relation to the contents of any website linked to the Website that is not under the direct control of Tower.
Changes to Content
You may not do anything or permit anything to be done which may alter the Website or interfere with or affect its operation. This includes, without limitation, removing any information from the Website, adding any information to the Website, linking it to or from another website, distributing any part of the Website to any other person or copying any part of it for any commercial or illegal purpose. Any website providers wishing to link to the Website may formally request to do so by emailing us at email@example.com.
Viruses and Cookies
We do not guarantee that the Website or its content is free from viruses or any other harmful components or destructive materials. We accept no responsibility or liability in relation to any harm attributable to such destructive features. If you rely on any materials available through the Website, you do so at your own risk. Tower uses 'first party' and 'third party' (including, but not limited to, Google Analytics) cookies on the Website. First party and third party cookies help Tower understand how you engage with the Website and enhance your experience while visiting the Website. Cookies are small data files that a website host computer sends to a website user's computer to help it remember information you enter, by passing a unique ID between your computer and the Tower website that identifies you. The practice of holding sensitive data in cookies is avoided. You can choose to delete or change the settings of your cookies from your internet browser. You can disable Google Analytics on the Website by installing the following browser plug in: http://tools.google.com/dlpage/gaoptout. You can also access your Google Analytics data and/or delete it by visiting My Activity.
Tower does not guarantee the continued availability of the Website or the continuation of services provided on it. Access to the Website and to any saved information may be interrupted, restricted, delayed or unavailable from time to time. Tower accepts no responsibility or liability in relation to any loss suffered in these circumstances.
Intellectual Property Rights
The information, images, screens, web pages, logos and brands on the Website and the general content of the Website (including all intellectual property rights in or relating thereto) are the property of Tower (or our licensors or suppliers, as the case may be), and Tower (or our licensors or suppliers, as the case may be) hold copyright in it. The information may not be copied or reused (other than as expressly intended by the Website) without the prior written consent of Tower. In particular, in no circumstances should the Tower brand or the Tower logo be used without the written consent of Tower.
Collection of personal information
The personal information we collect may include (but not limited to):
- First and Last names
- Date of birth
- Phone numbers, email addresses and/or other contact details
- Financial records, including bank and payment details
- Property details
- Insurance cover details
- Insurance history
- Health information
This information is used for insurance related and marketing purposes. If you do not provide us with your personal information, we may not be able to provide insurance cover or process any future claims.
You need to ensure that all information you provide to us is current, complete and accurate, as this may result in us being unable to provide insurance cover or process any future claims. If there are any changes, you should let us know immediately.
We may also monitor and record your communications (such as calls, webchats, emails and letters) with us for validation, quality assurance and training purposes.
Where you provide a joint or shared email address for your nominated email address, you agree that in relation to receiving marketing messages, only the individual account holder who has unsubscribed from receiving marketing messages will be removed from Tower’s marketing list and all other persons who share that joint email address will continue to receive marketing material from Tower addressed to them until they unsubscribe from receiving such messages.
If you do not wish to receive marketing information from Tower, you can let us know by emailing firstname.lastname@example.org or via the unsubscribe link embedded in Tower marketing electronic messages.
Tower aims to protect privacy and manage any other sensitive information it may hold very carefully. Tower also assists this by limiting the collection and use of it as much as possible.
How we collect your personal information
Where possible, we collect your personal information directly from you in person, in writing, over the phone through our agents, our website forms and/or by electronic messages, including by online services via other third parties.
In some circumstances, we may also collect your personal information from:
- your representatives, such as your insurance broker or legal adviser, who act on your behalf and are authorised by you to deal with us;
- other insurers, industry databases, Government agency databases and the Insurance Claims Register;
- publicly available sources such as the Internet;
- when a member of the general public comes forward on their own accord when the information is unsolicited and may be relevant to a particular policy, service, or fraud investigation.
NZTA - Motor Vehicle Register
Where you are the registered person for a motor vehicle insured within New Zealand, please be aware that:
- We may obtain your name and address from the motor vehicle register maintained by Waka Kotahi NZ Transport Agency (Motor Vehicle Register).
- We are authorised by Waka Kotahi NZ Transport Agency to access information held on the Motor Vehicle Register under this Gazette notice.
Tower will access the Motor Vehicle Register strictly for the purposes of:
- underwriting and claims administration;
- the detection and prevention of fraud;
- verifying that vehicle registration, warrant of fitness (WOF) and road user charges (RUC) are accurate and up to date;
- identifying any interested parties, such as third-party financiers; and/or
- verifying if vehicles are stolen.
Registered persons can notify Waka Kotahi NZ Transport Agency directly or via any Waka Kotahi NZ Transport Agency agent that they do not wish to have their name(s) and address(es) made available under an authorisation.
In limited circumstances, Tower may still access your personal information after you have opted out from the Motor Vehicle Register where Waka Kotahi NZ Transport Agency has determined that this access is permitted under the Official Information Act 1992 in specific circumstances, as per section 237(2)(d) of the Land Transport Act 1998. If this additional access has been authorised, Tower will be able to obtain your name and address directly from the Motor Vehicle Register via an online search.
By registering your Airpoints number with Tower and/or by earning Airpoints Dollars through Tower, you agree that your personal information:
- will be disclosed to and held by Air NZ and its contractors, and accessed by Tower;
- may be anonymized and disclosed by Air NZ in a limited manner to other third-party partners of the Airpoints Programme (“Airpoints Partners”);
- may be collected by Air NZ and/or Airpoints Partners, anonymized and accessed by Tower in a limited manner,
to enable us, Air NZ or Airpoints Partners to:
- identify and present you with information and offers relating to products and services that may be of interest to you (including by sending commercial electronic messages, including by email); and
- generally to operate and develop Tower, Air NZ’s or Airpoints Partner’s businesses.
The personal information collected may include information that you provide to us (such as your name, address, and email address) and information we collect when you purchase goods or services from us.
Use of personal information
You consent to us and the other parties referred to in the section titled “Disclosure of personal information” below collecting, holding and using your personal information for insurance related and marketing purposes. This may include:
- providing products and services and managing our business;
- assess whether we can provide insurance cover and on what terms;
- keeping you up to date with details of your insurance cover and our full range of services we offer;
- informing you about any product or service changes;
- improving our services, products and customer experience;
- contacting you following the lapse or cancellation of your policy, or where a quote or application is not proceeded with;
- training our employees, agents and representatives;
- handling complaints and processing any claims you may make;
- running marketing and advertising campaigns including sharing and receiving information from Google and Facebook to help us identify and send or show you information, promotional offers and ads that may be of interest to you; and
- conducting market and consumer research and statistical analysis.
Disclosure of personal information
To be able to use your information in the ways that have been set out above, Tower may need to share your information with other third parties. Tower will never share your information to third parties for any other purpose without your authorisation.
We may share your information with other third parties such as:
- our suppliers and service providers;
- our advisers, brokers, distributors and agents;
- medical and health service providers;
- parties who we have business arrangements with and our referral partners;
- reinsurers, financiers, other insurance companies;
- Insurance industry databases (including the Insurance Claims Register);
- loss adjusters and assessors;
- investigators and recovery agents;
- companies that are affiliated with us;
- government and law enforcement agencies; and any other parties as required by law; and
- parties who have an interest in your insurance, or we consider appropriate to evaluate and administer any insurance and/or claims.
In any instances where it is necessary for personal information to be given to a person outside of Tower in connection with carrying on Tower’s business, Tower will ensure that every reasonable step is taken to prevent unauthorised use or disclosure of the information.
Disclosure to overseas recipients
In order to provide our products and services or to manage our business activities, we may transfer, process and store your personal information here in New Zealand and/or with third parties (such as data service providers) who may be located overseas. The countries in which these third-party providers are located will vary, but include Australia, Canada, United Kingdom and the United States of America.
We will use reasonable endeavours to ensure the third parties we disclose your personal information to outside New Zealand are required to protect it in a way that provides comparable safeguards to those set out under New Zealand privacy law.
Storage and security of personal information
Tower holds personal information electronically and sometimes in a hard copy. The security of this information is very important to us and this is why reasonable precautions are in place to secure data and transactions via the phone and Tower’s website.
Tower retains personal information only for as long as we have a lawful purpose to use it. Tower has established effective safeguards and protocols for appropriate and secure access, retention, and destruction of both physical and electronic records.
Tower utilises Microsoft Information Protection Framework to classify and protect your personal information. Protections may include encrypting emails and documents where appropriate, as well as applying other protections based on data sensitivity classification.
My Tower contains important information about your policy/policies and you are responsible for ensuring we have accurate information about you in respect of your insurance cover. Any information provided to Tower through My Tower will be deemed to have come from you and you are responsible for all activities that occurs in connection with your My Tower account. While accessing My Tower, you must:
- ensure that all information which you provide to us is current, complete and accurate;
- comply with all applicable laws, regulations, standards and codes;
- maintain the confidentiality of any password you use to access My Tower and not share or transfer your password (or lend or otherwise transfer your use or access to My Tower) to any third party; and
- notify Tower of any actual or suspected unauthorized use of your password or any other breach of security or access related to your My Tower account.
For the avoidance of doubt, in the event of any inconsistency between the content on My Tower and the terms and conditions of Tower’s policies, the terms and conditions of our policies take precedence.
We may suspend, discontinue or remove My Tower, or your access to My Tower, at any time as we see fit.
Charlie the Chatbot
We (or our supplier, as the case may be) own all intellectual property rights in the chatbot provided on the Website including all information, services and functions in connection with the chatbot (“Chatbot”), other than any personal information which you may provide during an interaction using the Chatbot.
You must use the Chatbot for lawful personal or internal business purposes only and must not copy, reproduce, reverse engineer, decompile, disassemble, resell, distribute or modify the Chatbot.
New Zealand Law
With the exception of parts of the Website, unless otherwise stated, the content of the Website has been prepared in accordance with New Zealand law for the supply of products and services to persons resident in New Zealand only. Any offer of securities on the Website is only an offer to persons resident in New Zealand and is not available for subscription by any person not resident in New Zealand. Unless otherwise stated, references to any currency are in New Zealand dollars.
As Tower Limited is dual listed on the ASX and the NZX, some of the information provided on the Website is designed for both New Zealand and Australian residents. References to currency will be shown as New Zealand or Australian dollars, as appropriate. Information may not be applicable to you if you are not an Australian or New Zealand resident.
The content of the Website, and these terms and conditions are governed by and construed in accordance with New Zealand law and New Zealand Courts have jurisdiction. These Terms are for the benefit of and are enforceable by us (or our licensors or suppliers, if applicable).
In designing the Website, Tower has incorporated security procedures and practices that we consider are consistent with New Zealand and international industry practice. We review our security procedures from time to time and update these where relevant. Pages on the Website that require the mandatory entry of personal information and/or username and password are protected by encryption. The username, password and personal data are also encrypted when transmitted over the internet which prevents tampering of these details.
Contacting us and access to your personal information
You have the right to request access to, and correction of, the personal information we hold about you.
If you do not wish to receive marketing information from Tower, you can let us know by emailing email@example.com or via the unsubscribe link embedded in Tower marketing electronic messages.
We encourage you to review this policy on regular basis as it may be amended periodically.
This policy was last updated in October 2023.
© 2023 Tower Limited and its related companies. All rights reserved.