Terms & Conditions

The following terms will have the following definitions in this agreement unless the context otherwise requires:

Adviser

means any adviser connected with REFIX that provides the Services.

Force Majeure Event

means any event or circumstance (whether arising from natural causes, human agency or otherwise) that is beyond the reasonable control of REFIX.

Product Providers

means banks and other financial institutions with whom REFIX places your business in connection with the Services.

Services

means any mortgage, lending, financial and brokering services provided by REFIX to you from time to time.

We/REFIX

means REFIX, any Related REFIX Company or any Adviser trading or providing the Services on behalf of REFIX.

You/Client

means the person or entity to whom we are providing the Services.

We shall perform the services and in performing such Services shall:

1. use such due care, skill and judgment as would be reasonably expected of a competent and professional provider of services such as the Services; and
2. comply with all relevant legal and professional obligations.

All warranties, guarantees or conditions, express or implied (including any implied warranties under the Contract and Commercial Law Act 2017) that may be excluded to the maximum extent permitted by that applicable law.

We are paid by Product Providers in the form of a commission, and may also receive ongoing commission for the life of the financial product(s) placed in connection with the Services (Commissions).

If any relevant financial product is discharged or otherwise dealt with by you that results in REFIX being required under its relevant arrangement with the Product Provider to repay or return any Commission(s) (Clawback), then REFIX will be entitled to invoice you for the lower of:

1. the amount of the Clawback; or
2. an amount calculated by reference to the actual hours incurred by us in provision of the Services and our hourly rate ($250) with a capped maximum of $3,750.

If, following provision of all, or substantially all, of the Services, you elect not to continue engaging REFIX and financial products are not arranged by REFIX, then REFIX will be entitled to invoice you for fees incurred in connection with the Services provided by REFIX equal to an amount calculated by reference to the actual hours incurred by us in provision of the Services and our relevant hourly rates as applicable from time to time.

You agree to pay us the total amount shown on any invoice issued under this clause and in accordance with the payment terms nominated on the invoice, or as otherwise required by REFIX without set off or deduction. All invoices are plus GST (if any).

Default interest at the rate of 15% per annum will be payable by you (calculated on a daily basis) on any amount outstanding from the due date to the date we receive payment.

REFIX may in its sole discretion suspend provision of the Services until any payment owing has been made in full.

Without prejudice to either party’s rights or remedies under the Terms or at law either party may immediately cancel the Terms and cease Services by giving the other party written notice.

Upon termination of the Terms, you must immediately pay all amounts owing to REFIX.

You agree to provide us with accurate and relevant information at all times. Any incomplete or inaccurate information provided by you will affect our ability to provide the Services and your ability to make informed decisions about any products you may be seeking.

Each party acknowledges that the other will, in the course of their relationship, be provided with information relating to the other party or its interests. Each party agrees to hold such information in strict confidence and shall only disclose such information to any third party with the other party’s consent or where such disclosure is required by law.

Where REFIX breaches its obligations under these Terms, REFIX is (subject to this clause 7) liable to you for reasonably foreseeable claims, damages, liabilities, losses or expenses caused directly by the breach. REFIX shall not be liable to you, whether under contract, in tort or otherwise, for your indirect consequential or special loss or loss of profit, however arising, or to the extent that you contributed (or failed to mitigate) such loss.

Notwithstanding any other provision of these Terms, REFIX’s liability arising out of, or in connection with, these Terms or Services in respect of any claim whether under contract, tort (including negligence) or any other basis, shall not exceed the total amount paid by you to REFIX or otherwise received by REFIX in respect of the Services from the Product Providers in the six months prior to the event giving rise to the claim under Terms.

Without limiting any defences a party may have under the Limitation Act 2010, neither party shall be considered liable for any loss or damage resulting from any occurrence unless a claim is formally made on a party within six years from completion of the Services.

The Client irrevocably indemnifies REFIX and will hold REFIX harmless from and against all loss, costs, damages, expenses that (including all legal costs and expenses incurred on a solicitor/own client basis) REFIX incurs and all claims, demands and other proceedings brought by any person, arising from the Client’s failure to comply with these Terms or with any legislation, regulation or bylaw, or from any act, omission or negligence committed by the Client or by any of the Client’s employees, agent, contractors or customers.

Notwithstanding any other provision of these Terms, non-performance by REFIX of any of its obligations under these Terms will be excused, without liability for non-performance, during the time and to the extent that such performance is prevented, wholly or substantially, by a Force Majeure Event.

Clauses 3, 4, 7, 8, 9, 11 and all other clauses by which by their nature survive termination, shall survive termination.

These Terms are governed by New Zealand law and the parties submit to the exclusive jurisdiction of the New Zealand courts.

Deal Busters Limited trading as REFIX maintains this website and associated online pages, forms, calculators and digital services for information, enquiry and service-delivery purposes.

By accessing or using the website, other than solely to read these Terms for the first time, you agree to these Website Terms of Use. If you do not agree, you should not use the website.

The website is intended primarily for people seeking services in New Zealand. Information made available through the website may not be appropriate for use in other jurisdictions.

You are responsible for your activity when accessing or using the website. You must not use the website:

• in breach of any law, regulation, code or third-party right;
• to transmit malicious code, viruses, harmful material or inappropriate communications;
• to bypass or interfere with security controls;
• to gain unauthorised access to any system, account, data or restricted area; or
• in a way that could damage, disrupt, overload or impair the website or services.

Some website areas or digital services may have additional terms. If those terms conflict with these general Website Terms of Use, the more specific terms will apply to that service.

Information on the REFIX website is provided for general information, illustrative and enquiry purposes unless we expressly state that personalised financial advice is being provided to you.

Website content does not, by itself, take into account your individual needs, financial situation or goals. You should obtain advice appropriate to your circumstances before making a financial decision.

Lending criteria, product availability, lender policies, interest rates, fees and other product terms may change without notice. Any lending is subject to the relevant Product Provider's assessment, approval criteria, terms and conditions.

A website enquiry, calculator result, illustration, product description, rate example or other online content is not a guarantee of approval, borrowing capacity, pricing, savings or a particular financial outcome.

Calculators, repayment examples, borrowing estimates, interest-rate information and other financial illustrations provided on the website are estimates only. Results depend on the information entered, assumptions used and lender criteria applying at the relevant time.

Unless expressly confirmed in writing by REFIX or the relevant Product Provider, displayed rates or figures should not be treated as a final offer, approval, quote or personalised recommendation.

You should verify important figures and obtain appropriate advice before relying on website calculations or illustrations.

We use reasonable efforts to maintain the website and keep information current, but we do not guarantee that access will always be uninterrupted, secure or error-free, or that every item of information will always be complete, current or accurate.

We may change, suspend or discontinue website content, functionality or availability from time to time. To the extent permitted by law, you are responsible for verifying information that is important to a financial or other decision.

The website may include links to third-party websites, lender information, embedded services, data, tools or other third-party material. REFIX does not control third-party websites or services and is not responsible for their availability, security, privacy practices, accuracy or content.

A link or reference does not necessarily mean that REFIX endorses the third party, its content or its products. You are responsible for reviewing the relevant third party's terms and privacy information before using its services.

REFIX takes reasonable steps to protect information transmitted through its website and online systems. However, no internet transmission or online system can be guaranteed to be completely secure.

You are responsible for taking reasonable precautions when using the website, including protecting your devices, credentials and accounts from malicious software, unauthorised access and other security risks.

Unless otherwise stated, REFIX or its licensors own or are authorised to use the copyright, trade marks, branding, designs, text, graphics, software and other intellectual property made available through the website.

You may view and use website material for your own personal or internal business purposes in the manner intended by the website. You must not reproduce, republish, adapt, distribute, commercially exploit or create derivative works from REFIX website material without prior written permission, except where permitted by law.

Third-party names, logos and trade marks remain the property of their respective owners.

REFIX may collect personal information when you use the website, submit an enquiry, complete a form, upload documents or otherwise interact with our online services.

We collect, hold, use and disclose personal information in accordance with the Privacy Act 2020 and our Privacy Policy. If you submit personal information about another person, you must have authority to provide that information and must ensure the person has received any notice required by law.

To the fullest extent permitted by law, REFIX is not liable for indirect, consequential or special loss arising solely from use of, inability to use, or reliance on general website content, third-party material or website functionality.

Nothing in these Website Terms excludes, restricts or modifies any right, guarantee, duty or liability that cannot lawfully be excluded or limited under New Zealand law.

Liability arising from financial advice or Services provided to a client is governed by the applicable engagement terms, disclosure obligations and New Zealand law rather than this website-use clause alone.

REFIX may update these Website Terms from time to time to reflect changes to the website, our services, business practices or legal obligations. Updated terms will apply from the date they are published, subject to any rights or obligations that cannot lawfully be changed in this way.

Continued website use after an update constitutes acceptance of the revised Website Terms for future website use. This does not amount to blanket consent to materially different collection, use or disclosure of personal information where additional notice or authorisation is required by law.

If any provision of these Website Terms is found to be unlawful, void or unenforceable, that provision will be severed to the minimum extent necessary and the remaining provisions will continue in force.

These Website Terms are governed by New Zealand law and the parties submit to the jurisdiction of the New Zealand courts.