Terms & Conditions

TERMS AND CONDITIONS OF BUSINESS

A    BACKGROUND

1. Switcher Limited (“Switcher”) is a consultancy and referral enterprise. We refer Customers to approved financial Providers for the purpose of the Customer procuring specified financial and/or business products and services.

2. Switcher acts as an independent intermediary to identify the Customer’s financial needs, assist the Customer with choosing market competitors, and alert the Customer to available products.

3. Switcher is a registered Financial Adviser, and provides professional financial advice and a discretionary investment management service within the meaning of the Financial Advisers Act 2008. As a registered Financial Adviser, Switcher is obliged by law to make full disclosure before providing personalised service to any retail client (see the Customer Disclosure Statement).

4. At the Customer’s instruction, Switcher can however help the Customer to achieve the best terms and conditions for the products and services the Customer chooses to take.

5. Switcher’s fee is paid by the Provider, who may add a commission, fee or levy to its costs to the Customer in order to pay Switcher (this will depend on the policy of each individual Provider). Where this practice occurs, Switcher will notify the Customer of the commission, fee or levy.

6. Switcher does not invoice Customers direct for its services unless the charges in question have been fully explained beforehand and a special written agreement is in place.

B   I AM A CUSTOMER

7. As a Customer, I agree to abide by Switcher’s Terms and Conditions of Business.

8. To the extent that these Terms and Conditions conflict with a contract for Goods or Services or other Terms of Trade, I agree that these Terms and Conditions shall prevail. No other Terms of Business shall be binding on Switcher unless made in writing and signed by a Director of Switcher.

9. On signing this agreement as a Customer, I will:
9.1 Advise the Provider that I have been referred to it by Switcher in accordance with this Agreement;
9.2 Notify Switcher immediately of my acceptance of the Provider’s product and/or services;
9.3 Comply with the Terms and Conditions of any Provider to the extent that they do not conflict with Switcher’s Terms and Conditions of Business;
9.4 Make full disclosure of all relevant information to Switcher, including but not limited to assets and liabilities, any involvement with trusts or companies, my credit record, criminal convictions, employment status, financial status, insurance, residential or postal address, contact details and any other information that may assist Switcher;
9.5 Advise Switcher of any changes to my personal details (including but not limited to change of name, address, telephone number, facsimile number, email address, financial status, credit record, criminal record, insurance, assets and liabilities or employment status);
9.6 Indemnify Switcher against:
i. All liability whatsoever flowing from any referral by Switcher to a Provider (except as provided by the Consumer Guarantees Act 1993);
ii. All liability associated with the Customer’s default on any obligations owed by the Customer to the Provider;
iii. All liability associated with any legal action brought by the Customer against the Provider (whether or not Switcher is named as a co-defendant in any legal documents filed in a New Zealand Court or tribunal);
iv. All liability associated with any legal action brought by third parties against Switcher;
9.7 Authorise Switcher to:
i. Obtain, use and/or disclose such private or confidential information as may be necessary to secure the appropriate products and services;
ii. Conduct market research on my views about products and services offered by a Provider;
iii. Conduct data analysis on products and services offered by a Provider;
iv. Make all necessary enquiries on my behalf about the status of applications for products or services;
v. Take such action as may be necessary for Switcher to recover its fee and/or commission from a Provider where I have engaged the Provider pursuant to this Agreement;
vi. Maintain a database that includes my private or confidential information for the purpose of advising me of any products or services that may be of interest to me as a Customer, either now or in the future.
9.8 Pay such invoices issued to me by Switcher pursuant to any special written agreement into which I have entered with Switcher AND indemnify Switcher against:
i. All legal or debt-collection charges, fees and disbursements incurred by Switcher in recovering any debt on a solicitor-and-own-client basis.

C GENERAL TERMS OF BUSINESS

10. All Services supplied by Switcher are subject to the laws of New Zealand and Switcher takes no responsibility for changes in the law that affect the Services supplied.

11. If any provision of these Terms and Conditions shall be deemed unenforceable by a Court of Law, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

12. Switcher reserves the right to review these Terms and Conditions at any time. If, following any such review, there is to be any change in such Terms and Conditions, that change will take effect from the date on which Switcher has notified both the Customer and Provider of such change.

13. Without prejudice to any other remedies Switcher may have, if at any time the Customer is in breach of any obligation (including those relating to payment), Switcher may suspend or terminate the supply of Services under these Terms and Conditions of Business. Switcher shall not be liable for any loss or damage suffered by the Customer because Switcher has exercised its rights under this clause.

14. Upon acceptance of these Terms and Conditions, the Terms and Conditions are irrevocable and may only be amended with the written consent of Switcher.

I AGREE TO THE ABOVE TERMS AND CONDITIONS OF BUSINESS: 

 

___________________________________  DATE:_______________________     
Designation: (Director/Partner/Proprietor/ Authorised Representative)


___________________________________  DATE:_______________________     
Designation: (Director/Partner/Proprietor/ Authorised Representative)

 

 

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