Terms of use | State Insurance

These terms and conditions ("terms and conditions") apply to your access to and use of our:

Website;
Mobile Applications; and
Electronic Services,

(together our Online Services).

By registering for, downloading and/or using any of the Online Services, you agree that you, and anyone else who uses our Online Services on your computer or Mobile Device (irrespective of whether such person does so with your permission or otherwise), will be bound by these terms and conditions. Other terms and conditions will also apply to our products and services or any part of them, such as specific Policy terms and conditions available on the Website.

Definitions

In these terms and conditions, the following terms have the corresponding meaning:

Account means the online profile you have with us that is accessible via the Online Services;

Account Holder means the person who has registered an Account;

Alert means any optional Alert service we provide that enables you to receive pre-determined Account information electronically (including, but not limited to email, text, or other electronic messaging services);

Business Day means any day other than a Saturday, Sunday or public holiday in New Zealand;

Electronic Services means the services we provide that enable you to use a computer or Mobile Device to do the following in relation to certain Policies you hold with us:
1. log in to your Account;
2. view Policy information;
3. make other enquiries; and
4. perform such other functions as we make available from time to time.
To avoid doubt, the Electronic Services may not be available for all of our products and services and the Electronic Services in respect of some of our products and services may have limited or different functionality and may not allow you to do all of the things listed in paragraphs (a) to (d) above;

Mobile Device means a mobile phone or other electronic mobile computing device that you use to access our Online Services;

Mobile Applications means State App and such other application software that we make available to you from time to time for use on any Mobile Device for the purpose of accessing and using our Online Services;

Password means a series of between 8 and 32 characters containing at least one upper case letter and one number that you choose and then use to access your Account;

Policy means any insurance policy that you hold with us and that can be accessed via the Online Services;

Policy Number means the number we give you to identify you and your Account;

we, us, and our means State, a business division of IAG New Zealand Limited, 1 Fanshawe Street, Auckland 1010 and any companies owned by, or related to, us;

Website means https://www.state.co.nz/ and such other websites (at such other addresses) as are made available by us from time to time; and

you means the Account Holder, including (as may be applicable) an individual, a company, a partnership, a trust, an estate, a society or a successful applicant for any of our services. Where there is more than one Account Holder, you means all of them jointly and each of them severally. you means the Account Holder, including (as may be applicable) an individual, a company, a partnership, a trust, an estate, a society or a successful applicant for any of our services. Where there is more than one Account Holder, you means all of them jointly and each of them severally.

General Terms

2.1. Policy Terms and Conditions apply

As well as these terms and conditions, our insurance policy terms and conditions apply to any products or services provided by us, as well as any other specific terms and conditions applicable to your Policy. Our policy wordings are available on the Website.

2.2. Compulsory laws that apply

Some compulsory laws apply to our products and services. We must comply with those laws, and they will prevail over these terms and conditions and any other terms and conditions that may apply to your Account.

2.3 Consumer Guarantees Act 1993

Unless you are using the Online Services for business purposes, the guarantees given to consumers under the Consumer Guarantees Act 1993 will apply.

2.4. Changes to these terms and conditions

We can change these terms and conditions at any time. When we do so, we will tell you about the changes in one or more of the following ways:
1. by display on our Website;
2. by display when you log into your Account; or
3. by notification in the Mobile Application.
However, where changes are made to protect the security of our systems or to comply with a change in the law, we can notify you after the change has become effective.

2.5. Your right to end Online Services

If you are not happy with a change that we make to these terms and conditions, you can end your use of Online Services in accordance with clause 6.1 of these terms and conditions.

2.6. Changes to Online Services

We can, at any time, make changes to (including adding and removing) the functionality, format, content, means of accessing, or operating system specifications for, the Online Services. We can make these changes without prior notice to you. However, where the change is significant, we will endeavour to give you prior notice in accordance with clause 2.4 of these terms and conditions. If any new or existing functionality causes you concern please contact us immediately so that we can discuss other alternatives that may suit your needs.

2.7. Fees
1. Unless otherwise stated, all references in the Online Services to “dollars” or “$” are to New Zealand dollars.
2. There are no additional charges or fees applicable to your use of the Online Services.
3. Internet data charges may be incurred through your internet or mobile service provider - check with them for more details. An internet connection is required to access the Online Services, including to download the Mobile Applications. Please check with your internet service provider for details of any applicable charges.
2.8. Information about you

The way that we use and share your personal information is explained in our Privacy Policy. By using the Online Services you are permitting us to collect, hold, use and share your personal information in accordance with our Privacy Policy.

2.9. Help and support

Please visit state.co.nz/contact for information on how to contact us for support. We will not give you advice on your Mobile Device, data connections, network charges to your Mobile Device and/or its associated accounts or policies. We can monitor or record your phone calls to us for quality assurance and training purposes.

2.10. Errors and mistakes

You must notify us immediately if:
1. you think there is an error on your Account or in relation to your Policy; or
2. you have any questions or complaints.
You will need to give us the following information:
1. your name;
2. your address;
3. your Policy Number; and
4. any details you can about the suspected mistake, or the nature of your question.
We may ask for more information from you to help us in our enquiries. We will make every effort to answer your questions or resolve your complaints quickly and fairly. Where we find that an error has occurred, we will promptly correct the error (to the extent possible).

2.11. Waiver

Failing to immediately exercise a right we have under these terms and conditions does not prevent us from exercising that right in future.

2.12. Governing law and enforceability
1. The Online Services are intended for use by people living in New Zealand or with insurable interests in New Zealand. We make no representations that the Online Services are appropriate for use by persons other than those described in the previous sentence and we do not accept any responsibility for use of the Online Services by any persons other than those described in the previous sentence.
2. These terms and conditions are governed by New Zealand law and the Courts of New Zealand have exclusive jurisdiction in respect of any matter concerning the use of our Online Services. If any term is not enforceable for any reason, the remainder of the terms and conditions will remain enforceable.
3. All references in these terms and conditions, and the Online Services to time shall be to New Zealand Standard Time.

Accessing Online Services

3.1. Account registration and activation
1. To be eligible to register for an Account you must:
  1. be at least 18 years old (unless we agree otherwise); and
  2. hold a Policy with us.
2. To register your Account you must accurately enter the required details on the registration page of our Website and/or the Mobile Applications, including:
  1. registered valid email address;
  2. your Policy Number; and
  3. when prompted, a valid Password of your choice.
3. We may from time to time introduce other security features and measures that you will need to comply with in order to access and/or use the Online Services, including your Account. You acknowledge and agree that you will need to comply with any such security features and measures in order to continue to access and use the Online Services following the introduction of such security features /measures by us.
3.2. Selecting an appropriate Password

Your Password must be a series of between 8 and 32 characters containing at least one upper case letter and one number. You must choose a Password that is not obvious and that cannot easily be guessed. As such, your Password must not:
1. include sequential numbers or letters (for example, 123 or ABC);
2. include number combinations that can be easily guessed (for example, 111);
3. include information about you such as birth dates, telephone numbers, family names, street names, pet names, driver licence, licence plate or passport number, or any other easily accessible information about you;
4. be the same as or similar to any other passwords or personal identification numbers that you have for any other service provided by us; or
5. be the same as or similar to any other password or personal identification numbers used for any other purpose (for example, your lock/unlock code for your mobile phone).
3.3. Access to Mobile Applications

To gain access to Mobile Applications you must:
1. have a compatible Mobile Device (as described in the iTunes Store (for Apple Mobile Devices) or the Google Play Store (for Android Mobile Devices)); and
2. download the Mobile Application from the iTunes Store (for Apple Mobile Devices) or the Google Play Store (for Android Mobile Devices).
3.4. Online Services availability

We will endeavour to provide you with uninterrupted access to Online Services, subject to any necessary downtime that may be required for system maintenance, repairs and updating, or loss of access resulting from matters beyond our control.

3.5. Use of Online Services

You agree that you will not:
1. use the Online Services for any unlawful purpose or for any commercial purpose or otherwise (either directly or indirectly) for profit or gain;
2. take any action which may disrupt access to, cause damage to, or interfere with the proper operation of the Online Services, including any action that may result in the introduction of any viruses, trojan-horse type programs, malware or any other material which is malicious or technologically harmful;
3. use, copy, reproduce, alter, modify or display in public, any content or data from the Online Services;
4. create a link to the Website from any other website without our prior consent;
5. copy or monitor content on or from the Online Services, by using any robot, "bot", spider, crawler or other automatic device or manual process; or
6. use the Online Services other than as specifically permitted by these terms and conditions.
You agree that, if you make unauthorised modifications to iOS (such as by way of a “jailbreak”) or the Android operating system (such as by way of “rooting”), you do so at your own risk and you are solely responsible for such unauthorised modifications. You agree to indemnify us for all direct and indirect damages, losses and costs of any kind incurred or suffered by us as a result of, or in connection with, any such unauthorised modifications.

3.6. Your instructions to us

You accept that the use of your Policy Number and Password (or any other security features or measures introduced by us from time to time) gives us authority to action and/or process any instructions we receive in relation to your Account. You agree that we have that authority whether or not you have actually given authority for the instruction. You agree that we may do any of the following things:
1. act on an instruction received through the Online Services without checking your identity;
2. delay acting on an instruction; or
3. ask you for more information before acting on an instruction.
We can monitor or record any instructions we receive from you mainly for the purposes of carrying out such instructions, improving our services and/or identifying and marketing insurance products, services or promotions that may be of interest to you.

3.7. Security software
1. We recommend that you only access your Account on computers or Mobile Devices with appropriate internet security software.
2. You are responsible for remedying any trojans, key logging software, viruses, spyware or other forms of malicious software that you know are on any computer or Mobile Device before using that computer or Mobile Device for Online Services or accessing your Account.
3. We recommend you always adhere to manufacturers’ software and support to ensure your compute or Mobile Device is covered by the latest software and security updates available from the manufacturer.
4. If you are accessing your Account a via a Wi-Fi network we recommend you use a trusted and secure network.
3.8. Unauthorised access to your Account

You accept that the use of your Policy Number and Password (or any other security features or measures introduced by us from time to time) gives us authority to action and/or process any instructions we receive in relation to your Account. You agree that we have that authority whether or not you have actually given authority for the instruction. You agree that we may do any of the following things:
1. You undertake to take responsibility for, and reasonable care to prevent, any unauthorised use of, and access to, your Account and to protect your personal information and log in details at all times. You must:
2. If you believe that your login details (or other security features) have become, or may be, known to anyone other than yourself, or that there has been unauthorised access to your Account, you must immediately:

Apple Inc. software licence (for iPhone or other Apple Mobile Device users)

4.1. Scope of licence

You acknowledge that these terms and conditions are between us and you, and not Apple Inc. You are given a revocable, non-transferable and non-exclusive license to use Mobile Applications (including any updates to it) on your Mobile Device in accordance with these terms and conditions and the Apple Usage Rules in the App Store Terms of Service.

4.2. Apple not responsible

In the event that any failure of the Mobile Applications to conform to any applicable warranty (whether under New Zealand consumer law or otherwise), Apple will refund the purchase price (if any) for the Mobile Applications, however, subject to these terms and conditions, we are solely responsible for Mobile Applications, and Apple Inc. is not responsible for Mobile Applications in any way. To the maximum extent permitted by law, Apple Inc. has no warranty obligations whatsoever with respect to Mobile Applications. You agree that we, and not Apple Inc., are responsible for the following things:
1. addressing any claims by you or a third party in relation to Mobile Applications, including but not limited to product liability claims, claims that Mobile Applications fails to confirm to legal or regulatory requirements or consumer protection claims
2. investigating any claim that a Mobile Application breaches third party intellectual property rights, and for defending, settling or discharging such claim; and
3. maintenance and support services for Mobile Applications.
4.3. Your warranties

You warrant that you are not located in a country that is subject to a US Government embargo or is designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties.

4.4. Your acknowledgments

You acknowledge and agree that:
1. Apple Inc. and its subsidiaries are third party beneficiaries of these terms and conditions and that Apple Inc. has the right to (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary; and
2. ‘iPhone’ and the ‘App Store’ are trademarks of Apple Inc., registered in the U.S. and other countries.

GPS location data

5.1. Use of GPS

We may use Global Positioning System (GPS) location information provided by your Mobile Device to provide certain Online Services to you and/or to provide the Mobile Applications with information about your location for the purpose of providing you with information regarding the relevant Online Services and/or for the purpose of identifying and marketing insurance products, services or promotions that may be of interest to you.

5.2. Permission

The Mobile Applications will request your permission to use your Mobile Device’s GPS location information at the following points:
1. for Apple Mobile Applications, at the time of use;
2. for Android Mobile Applications, upon installation of the Mobile Application.
5.3. How to retract permission

If you choose not to allow Mobile Applications to access your GPS location data, you may still be able to use the relevant Online Services by inputting your location information manually (although we cannot guarantee that this will be the case). If you want to retract your permission for the Mobile Applications to use your Mobile Device's GPS location data, you can do so using your Mobile Device’s location services settings (usually found in privacy settings).

Account closure or suspension

6.1. Closing your Account

You can close your Account at any time by contacting us. Simply removing a Mobile Application from your Mobile Device will not have the effect of closing your Account. You will remain responsible for any transactions made on your Account via the Online Services, and any fees incurred before the time that your access to your Account is ended.

6.2. Suspending access to Online Services

We can suspend or end your access to the Online Services (or any part of the Online Services) at any time. Where appropriate, we will give notice to you in accordance with clause 2.4 of these terms and conditions. However, there may be circumstances where we will suspend or end Online Services without prior notice to you. We will not be responsible for any loss you may incur as a result of the suspension or ending of your access to the Online Services, unless we have done so in error.

Communications

7.1. Consent to communications

You consent to receiving all notices, certificates, consents, approvals, instructions and other communications ("communications") in electronic form by electronic communication through any of the Online Services (including secure messaging via Online Services).

7.2. When communications deemed to be sent and received

A communication is deemed to be sent by us and received by you (even if you are not aware that you have received it) when the communication enters the relevant information system on, for example, your computer, mobile phone, or other Mobile Device.

7.3. Alerts

Alerts may be available for your Account and are subject to the following terms:
1. you consent to receiving Alerts that are not encrypted and might include personal or confidential information about you such as your name and Account activity or status;
2. you are solely responsible for ensuring that your receipt of Alerts (whether via a computer or Mobile Device) is adequately secure;
3. we are not liable for the accuracy of the information you supply to us when setting up, changing or deleting your Alerts or for any unavailability or malfunction of any Alert service. This includes the sending of Alerts to email addresses or mobile phone numbers incorrectly entered or otherwise provided by you. We are not liable for any internal or external use that you or anyone else may make of any data or information provided through or in relation to Alerts;
4. you agree to promptly tell us about any error or discrepancy relating to Alerts or any information provided by Alerts. You also agree to immediately tell us about any unauthorised access to, or activity on, your Account that you become aware of through Alerts;
5. we can, from time to time, change the form and content of the Alerts without telling you first;
6. we may suspend or cancel your access to Alerts and we will use reasonable efforts to contact you first except where we are prevented from doing so for reasons beyond our control;
7. you can cancel your use of Alerts at any time by contacting us.

Disclaimer

8.1. Accuracy of information

Some of the information contained in the Online Services is necessarily generalised. The insurance cover described is in summary form only, and is subject to the terms of the applicable Policy wording and schedule. We encourage you to read the applicable Policy wording and schedule, and obtain professional advice before acting in reliance on any information provided via the Online Services. While every effort has been made to ensure accuracy of information provided on the Online Services, no liability is accepted for any errors.

8.2. Links

The Online Services may contain links to internet websites maintained or owned by third parties. We do not endorse or approve of the content or material on those other websites and are not responsible for any content or material on those other websites.

8.3. Operation of Online Services

We will provide the Online Services with reasonable care and skill, however we do not represent or warrant that the Online Services or any part of them will:
1. operate on a continuous or fault-free basis or at any particular time or location;
2. be secure or private;
3. be free of viruses or other harmful features (including any files displayed or obtained from or through the Online Services or any website linked to them).
8.4. Red Book

Auto Information Ltd (Red Book) has prepared this data and valuations from information gathered from a variety of sources. 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 to it and you should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information. Red Book is not liable for any loss or damages (other than in respect of any liability which may not be lawfully be excluded) relating to your use of, or reliance on, this valuation and data.

Limitation of liability and Indemnity

9.1. To the extent permitted by law, we exclude any and all liability we may have to you or any other person under or in connection with:
1. your use of the Online Services;
2. your failure to comply with these terms and conditions;
3. any action or decision by you in relation to the information provided via the Online Services;
4. any delay or loss of access to, or use of, the Online Services at any time;
5. any fault or error in any Online Service that is beyond our control;
6. any virus, trojan-horse, malware or any other material which is malicious or technologically harmful that affects or is introduced into the Online Services other than as a result of our negligence;
7. malfunction of any equipment or system, or an telecommunications link failure; or
8. any other cause or event beyond our control.
This exclusion applies regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.

9.2. If you use any of the Online Services in breach of any of these terms and conditions or otherwise in a manner that is not appropriate, you agree to indemnify us for all direct and indirect damages, losses and costs of any kind incurred or suffered by us as a result of or in connection with your actions.

Intellectual Property

10.1. All intellectual property rights in the Online Services, including copyright, belong to us and/or our licensors (and licensees). You do not have any intellectual property rights in the Online Services, or in any improvements or variations that may be made to them.

10.2. You must not copy, reverse engineer, decompile, disassemble, modify, re-post to other web sites, frame, deep link to, change, or otherwise distribute, license, sub-licence or transfer in any form, the Online Services. Nothing contained in any of the Online Services should be construed as granting, by implication or otherwise, any licence or right to use any trade mark without the written permission of us or such party that may own the trade mark.

10.3. You expressly waive any moral rights you may have in any contribution you make (in the form of posts, messages or otherwise) to any Online Forum.

Cookies

11.1. Cookies are small data files that are sent from a website and stored in a user's web browser while the user is browsing that website. We use cookies on the Website to help us remember the information you enter, by passing a unique identification between your computer or Mobile Device and the Website that identifies you. This means that as you use the Website we can relay any information you have entered earlier back to you at a later time. For example, if you complete a quote and then later go on to apply for the insurance, we can show you the information you have given us during the earlier quote stage eliminating the need to re-enter the information.

11.2. Other cookies and authentication tokens may be used to help us tailor our Online Services or to deliver information to you that may be more relevant or interesting to you.

Our contact detail

If you have any questions about Online Services or these terms and conditions, please call us on our NZ and overseas contact numbers listed on our Contact Us page. International toll charges may apply.

These terms and conditions ("terms and conditions") apply to your access to and use of our:

Definitions

General Terms

Accessing Online Services

Apple Inc. software licence (for iPhone or other Apple Mobile Device users)

GPS location data

Account closure or suspension

Communications

Disclaimer

Limitation of liability and Indemnity

Intellectual Property

Cookies

Our contact detail