Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and FarmCover ("Company", "we", "us", or "our") concerning your access to and use of the farmcover.co.nz website and any related services (collectively, the "Service").

By accessing or using our Service, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Service.

These Terms apply to all visitors, users, and others who access or use the Service. We reserve the right to update these Terms at any time. Any changes will be effective immediately upon posting to the website.

2. Eligibility and User Accounts

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts under New Zealand law to use our Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

2.2 Accurate Information

When you use our Service to request insurance quotes, you agree to provide accurate, current, and complete information about yourself and your farming operation. You are responsible for maintaining the accuracy of this information and updating it as necessary.

2.3 Prohibited Uses

You may not use the Service:

• To provide false, misleading, or fraudulent information
• For any unlawful purpose or in violation of any applicable laws or regulations
• To impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• To interfere with or disrupt the Service or servers or networks connected to the Service
• To transmit any viruses, malware, or other harmful code
• To collect or harvest any information from the Service or our systems

3. Description of Service

3.1 Quote Matching Service

FarmCover operates as a quote matching and broker referral service. We connect farmers with licensed insurance brokers and providers who can offer farm insurance quotes. We do not provide insurance directly, nor are we an insurance provider or broker ourselves.

3.2 No Guarantee of Quotes

While we strive to connect you with appropriate insurance brokers, we do not guarantee that you will receive quotes, that any quotes will be at a particular price point, or that any insurance policy will be offered or issued to you. Insurance decisions are made solely by the insurance providers and brokers, not by FarmCover.

3.3 Third-Party Relationships

Any insurance policies you obtain through our Service are between you and the respective insurance provider. FarmCover is not a party to these contracts and bears no responsibility for the terms, conditions, coverage, or performance of any insurance policy.

4. Intellectual Property Rights

4.1 Our Content

The Service and its original content, features, and functionality are owned by FarmCover and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes but is not limited to:

• Website design, text, graphics, logos, and images
• Software, code, and technical systems
• FarmCover brand name, trademarks, and service marks
• Proprietary algorithms and matching technology

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes in accordance with these Terms. You may not:

• Copy, modify, or create derivative works of the Service or its content
• Distribute, transmit, or publish content from the Service
• Use any automated systems or software to extract data from the Service
• Remove or alter any copyright, trademark, or other proprietary notices

4.3 User Submissions

By submitting information, feedback, or other content to us, you grant FarmCover a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and display such content for the purposes of operating and improving our Service.

5. Disclaimers and Limitations

5.1 "As Is" Service

The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by New Zealand law, FarmCover disclaims all warranties, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the Service will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that defects will be corrected

5.2 No Professional Advice

The information provided on our Service is for general informational purposes only and does not constitute professional financial, legal, or insurance advice. You should not rely on this information as the basis for making insurance or financial decisions. Always seek advice from qualified professionals regarding your specific circumstances.

5.3 Third-Party Content

We are not responsible for any content, products, services, or practices of third-party insurance brokers, providers, or other entities you may interact with through our Service. Any dealings you have with third parties are solely between you and that third party.

6. Limitation of Liability

6.1 Exclusion of Damages

To the maximum extent permitted by New Zealand law, in no event shall FarmCover, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or data
• Loss of use or business interruption
• Cost of procurement of substitute goods or services
• Any damages arising from your use or inability to use the Service

6.2 Maximum Liability

Our total liability to you for any claims arising from or related to the Service or these Terms is limited to the amount you paid us (if any) in the 12 months before the event giving rise to the liability, or NZD $100, whichever is greater.

6.3 New Zealand Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Consumer Guarantees Act 1993 or any other applicable New Zealand consumer protection legislation that cannot be excluded, restricted, or modified by agreement.

7. Indemnification

You agree to indemnify, defend, and hold harmless FarmCover and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any information you submit, post, or transmit through the Service
• Any insurance policies or dealings you have with third-party brokers or providers

8. Termination

8.1 Termination by You

You may stop using the Service at any time. If you wish to have your information deleted, please contact us in accordance with our Privacy Policy.

8.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• At our sole discretion if we believe termination is necessary to protect the Service or other users

8.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Governing Law and Dispute Resolution

9.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. The New Zealand courts shall have exclusive jurisdiction over any disputes arising from or relating to these Terms or the Service.

9.2 Dispute Resolution

If you have any dispute with us, you agree to first contact us and attempt to resolve the dispute informally. We will work in good faith to resolve any disputes promptly.

9.3 Arbitration

If a dispute cannot be resolved informally, you agree that the dispute may be referred to arbitration under the Arbitration Act 1996, with the arbitration to be conducted in Auckland, New Zealand. The decision of the arbitrator shall be final and binding on both parties.

10. General Provisions

10.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and FarmCover regarding the Service and supersede all prior agreements and understandings.

10.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

10.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by FarmCover.

10.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign or transfer these Terms or our rights and obligations without restriction.

10.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

11. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by posting the updated Terms on this page and updating the "Last Updated" date at the top of these Terms.

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

We encourage you to review these Terms periodically to stay informed about any updates.

12. Contact Information

If you have any questions about these Terms of Service, please contact us: