This document sets out the terms and conditions on which Finance and Mortgage Advisers Association of New Zealand (FAMNZ), a branch of Finance Brokers Association of Australasia Limited (FAMNZ) an Overseas ASIC Company incorporated in New Zealand. Company Number: 9051399, NZBN: 9429051826956, National Office: Office 23, Level 8, 139 Quay Street, Auckland, 1010, New Zealand make available the site https://www. famnz.co.nz/ (Site).

In these Terms and Conditions "you" refers to a user of the Site and any related services.

We may amend these Terms and Conditions at any time by posting the amended terms on the Site. These Terms and Conditions may not be otherwise amended.

The FAMNZ Privacy Policy forms part of these Terms and Conditions. Please read and consider the Privacy Policy before accepting (or declining) the terms and conditions in this User Agreement. 

Access to this Site is conditional on your acceptance, without alteration, of these Terms and Conditions.

The material on this web site is only to provide you with general information. It does not constitute legal or other advice and your use of the material on this web site does not give rise to any obligation on behalf of Finance and Mortgage Advisers Association of New Zealand (FAMNZ) or any author of any material on the web site.

The information, materials and resources contained within this Site are provided for general informational purposes only and within the context of providing our services. We provide no guarantee or warranty as to the suitability or accuracy of any information contained in this Site. Furthermore, the information provided on this Site does not constitute legal advice.

References and links to other websites, businesses or persons are provided solely for informational purposes. We accept no responsibility for any content appearing on other websites and makes no warranty of the suitability or accuracy of information on those sites.

The fact that a link to such a webpage may be included on the Site does not mean that FAMNZ, in any way, endorses, promotes or are associated or affiliated with that site or any of that site’s content.

We have and retain copyright in all works contained in this Site. We licence you to reproduce those works only if:

  • the reproduction is for private or non-commercial purposes; and
  • you ensure that the works are clearly attributed to FAMNZ.

Limitation of Liability

We do not guarantee continuous, uninterrupted, or secure access to the Site and operation of the Site may be interfered with by numerous factors outside of our control.

Except as provided by law, we provide the Site ‘as is’ and without any warranty or condition, express or implied. To the maximum extent permitted by law, we specifically disclaim the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

We will not be liable for any lost profits or any special, incidental, or consequential damages (however arising, including negligence) arising out of or in connection with this. 

Membership Terms and Conditions 

In order to obtain/hold membership with the FAMNZ, either originating or renewing membership (both being individually defined as an “Application”), you agree and understand the requirements set forth in FAMNZ’s eligibility requirements for each separate membership category. These requirements are provided in the Membership Checklists which can be found here.

The documents referred to in the Membership Checklists are dependent on the Membership Category, and will need to be provided where applicable.

In the event that you provide false, erroneous or misleading information, the directors of the FAMNZ may resolve that you are not suitable for membership because providing false, erroneous or misleading information is contrary to this purpose. In this event, the FAMNZ may cancel your membership and will contact external parties to notify them that your membership has been cancelled.

Payments

By submitting this originating or renewing membership application payment (both being individually defined as an “Application”), you agree and understand each of the following:

The contents of this Application (including all uploaded documents) are true and correct.

You will provide any further requested documents that have not already been uploaded or information within the required period specified.

The FAMNZ may contact external parties (such as police services, Companies Office, aggregators, FAPs, lenders, other advisers, insurers or business development managers) to corroborate the contents of this Application.

The cost of the Application consists of a membership fee and an administration fee. If the Application is declined, only the membership fee will be refunded.

This Application includes information regarding other individuals (such as my referees and any referrers). The FAMNZ will collect this information in order to contact them for the purpose of considering your Application. You have obtained the consent (and can provide such consent to the FAMNZ on request) of each of the individuals identified in this Application and understand that the FAMNZ is processing my application on the basis that you have these consents.

Any membership provided is subject to your providing any further documents required and the outcome of FAMNZ auditing of my application (which may include requests for further information). The FAMNZ is established for purposes including supporting, protecting and advancing the character, status and interests of the Finance Advising profession. In the event that you provide false, erroneous or misleading information, the directors of the FAMNZ may resolve that you are not suitable for membership because providing false, erroneous or misleading information is contrary to this purpose. In this event, the FAMNZ may cancel your membership and will contact external parties to notify them that your membership has been cancelled.

Additional Information

Other fees (additional to membership fees) may include:

  • Administration Fee (once off upon initial application and non-refundable)
  • Reactivation Fee (for reinstating a lapsed membership)
  • Member Initiated Amendment Fee
  • All fees are GST inclusive.

* The Administration Fee is non-refundable and is for processing your application, irrespective of the outcome. If your application for membership is declined, the membership fee (not the administration fee) will be fully refunded. A Member Initiated Fee will apply if the changes in an existing membership status results in a member refund. In all other cases, membership, and other fees, are not refundable once paid.

Ceasing to be a member

In line with the FAMNZ (as a branch of the FAMNZ, that constitution thereby being on in the same) Constitution items 11, 11.1 & 11.2 no refunds or part refunds will be given on membership subscriptions. 

“11.1 Ceasing to be a Member   A person will cease to be a Member of the Company if: 

  • that person resigns in accordance with clause 12; or
  • that person is expelled under clause 13; or
  • membership is forfeited under clause 10.3(d); or
  • where the Member is an individual, the Member:
    1. dies;
    2. becomes of unsound mind or the Member’s person or estate is liable to be dealt with in any way under the laws relating to mental health; or
  • is convicted of an indictable offence;
  • where the Member is not an individual, if:
    1. a liquidator is appointed in connection with the winding-up of the Member; or
    2. an order is made by a Court for the winding-up or deregistration of the Member.

11.2 Any Member ceasing to be a Member:

  • will not be entitled to any refund (or part refund) of a subscription; and
  • will remain liable for and will pay to the Company all subscriptions and moneys which were due at the date of ceasing to be a Member.”

Credit Card Authorisation for Auto Payment (Annual) Of Membership Fees

You will be eligible to opt in for auto payment (annual) membership fees, at which time you agree and understand the following: 

  • We may collect personal (including sensitive) information from you when seeking membership with the  This information may include contact details, details of your credit or debit card and related information provided to the FAMNZ or Stripe (together ‘payment information’) for the purpose of making payments to the FAMNZ. The way that the FAMNZ collects, holds, uses and discloses personal information is set out in our privacy policy.
  • The security of your information is our priority. Where you provide your payment information via this website or any payment gateway made available via this website, you will be providing your payment information to Stripe, a global company that the FAMNZ has been advised complies with the Payment Card Industry data security standards. Upon providing your payment information, Stripe will store your payment information (including details of your credit or debit card), assign it a random string of number or a “token” and provide that token to the FAMNZ, which the FAMNZ will use to arrange for payments to be made to the FAMNZ on your nominated card. The FAMNZ does not separately collect and hold all your payment information as part of this process.
  • By ticking the 'enable auto payment' box, you agree to allow Stripe to collect, either directly or through the FAMNZ, your payment information and provide a “token” to the FAMNZ and, you agree to allow the FAMNZ to hold and use your tokenised card details with Stripe for the purposes of arranging payments to the FAMNZ in respect of your membership fees. Your renewal fee will be automatically deducted from your nominated card 14 days before your annual renewal date each year. You will receive confirmation once the payment has been processed. This authorisation will remain in effect until cancelled. You may elect to remove your automatic payment at any time by contacting our office on 09 363 27 77(international +64 9 363 27 77).

Event Terms & Conditions

Please ensure you've read through our terms and conditions prior to finalising your registration.

Registration: These terms and conditions apply to any meeting, function, retreat, symposium, conference, academy, forum or award ceremony (Event) that you register to attend, whether personally or on behalf of another entity (each an Attendee or you)

By clicking “Agree” or otherwise registering to attend an Event, you agree to the terms and conditions set out in this document for that Event.

Payment and Confirmation: Payment is required at the time you register to attend the Event.

Confirmation of your registration and a tax invoice will be emailed to you at your nominated email address following completion of your registration and acceptance of these terms.

Cancellation: Subject to paragraphs the Registration and Payment and Confirmation above, you may cancel your registration to attend an Event by contacting the Finance and Mortgage Advisers Association of New Zealand (FAMNZ).

Where you contact the FAMNZ to cancel your attendance at an Event at least 30 days prior to the commencement of the Event, then the FAMNZ agrees to provide you a complete refund, which may be processed less a cancellation fee of $20 being the FAMNZ’s costs incurred in relation to your registration and any cancellation.

Where you contact the FAMNZ to cancel your attendance at an Event less than 30 days prior to the commencement of the Event, then the FAMNZ may provide you with a refund in its absolute discretion. The FAMNZ’s rights to withhold any monies from any registration fees paid will apply to the extent the law allows.

It is the Attendee’s responsibility to cancel any bookings made by them associated with the Event such as flights and accommodation.

Communication, information sharing and privacy: You agree that the FAMNZ may communicate with you with respect to your registration or attendance at the Event by email or by phone. You agree that the FAMNZ may provide notices to you regarding the Event by posting the notice on its website (https://www.FAMNZ.co.nz/). 

By providing any personal information to the FAMNZ as part of registering for an Event, you consent to the FAMNZ using and disclosing that personal information as set out in the FAMNZ’s privacy policy which can be found on the FAMNZ’s website (https://www.FAMNZ.co.nz/privacy-policy/). Further, you consent to the FAMNZ disclosing your name and email address to any sponsors of the Event or any purpose related to the Event. You may opt out of the FAMNZ disclosing any personal information to sponsors of the Event by emailing privacy@FAMNZ.co.nz.

Where you provide any personal information of another individual, you warrant and represent to the FAMNZ that you have obtained that individual’s consent to disclose that personal information to the FAMNZ. The FAMNZ relies upon this warranty for the purpose of registering that individual for the Event.

The FAMNZ will record presentations at the Event. By registering for an Event, you acknowledge and agree that:

  • you authorise the FAMNZ to record any presentations (which can be but not always limited to any questions or comments by any or all participants and/or audience members) in audio and/or visual format; and
  • the FAMNZ is the owner of the copyright and any other intellectual property rights in that recording, and you waive any moral rights that you may have in such recordings.

Attendee’s Obligations: You must disclose to FAMNZ on registration if you have any pre-existing physical or mental medical conditions that will put you or others at a higher risk during the Event.

You must comply with all laws for the duration of the Event.

You must comply with the event code of conduct which is set out in the schedule to these conditions (or is otherwise available on request).

You must provide all information and assistance that FAMNZ reasonably requires to allow the FAMNZ to provide and conduct the Event, and for the Attendee to participate in the Event.

The FAMNZ reserves the right, in its absolute discretion to expel any Attendee from an Event if that Attendee does not comply with these terms and conditions or, acts in any manner which the FAMNZ considers places the Event, its reputation or any third party at risk of harm or injury. 

Insurance: The FAMNZ recommends all Attendees purchase comprehensive travel insurance, including for domestic travel.

You acknowledge that your personal property are at all times, the sole responsibility of the Attendee and release the FAMNZ from any liability associated with the loss or damage to any personal property.

Limitation of Liability: To the extent permitted by law, the FAMNZ’s liability for any breach or non-performance of its obligations, shall be limited to a sum equal to that paid by the Attendee to FAMNZ to attend the Event. 

Force Majeure: If due to an event beyond the reasonable control of the FAMNZ including: an act of nature; war or terrorism; national emergency; epidemic; act or inaction of government or regulatory agency; industrial action outside that party’s own workforce, the FAMNZ is delayed or unable to perform its obligations, it may, by notice suspend its obligations for a period of 60 days.

If, after the period of 60 days, the FAMNZ remains unable to perform its obligations in a reasonable manner, the FAMNZ may, by notice, cancel the Event and refund the amounts paid by you less the FAMNZ’s reasonable costs incurred up to the time of the cancellation. 

Disputes: The parties must use their best endeavours to resolve all disputes first and failing that, then dispute resolution will be conducted between the relevant franchisor and franchisee associated with the Attendee, before commencing any court proceedings.

General: The Attendee must not assign any of its rights without FAMNZ’s prior written consent. The FAMNZ may assign its rights and benefits at any time by notice to you.

These terms and conditions will be governed by and construed in accordance with the laws of New Zealand, and you agree to submit to the non-exclusive jurisdiction of the courts thereof. 

The FAMNZ may vary these and conditions by notice on the condition that the Attendee may, within 7 days of notice being given, cancel their registration and receive a full refund, less a cancellation fee of $20 being the FAMNZ’s costs incurred in relation to your registration.

These terms and conditions and the FAMNZ Events Code of Conduct constitute the entire agreement between the parties in relation to its subject matter.

If any part of these terms and conditions are invalid or unenforceable, that part will (if possible) be read down to the extent necessary to avoid the invalidity or unenforceability, or alternatively will be deemed deleted and this Contract will remain otherwise in full force.

Schedule – Event Code of Conduct

This Event Code of Conduct (Code) prescribes the standards of behaviour required of the attendees at any Event of the FAMNZ. 

Standard of professional behaviour: All Attendees must behave professionally at all times in connection with the Event. The standards of professional behaviour to be observed include (without limitation): 

  • Show respect towards others at all times, including being considerate, cooperative and collaborative; 
  • Present and behave in an appropriate professional manner including as to dress code, communications and actions;
  • Take all reasonable steps to ensure own safety, including in relation to the responsible consumption of alcohol; 
  • Follow the reasonable rules, policies, directions and other practices required by Tourism New Zealand or any venue hosting the Event; and 
  • Alert security personnel or FAMNZ , Venue Staff and/or The FAMNZ Event Management Team if a potentially unsafe situation is observed or suspected. 
  • All Attendees must refrain from any of the following behaviours (each being a Prohibited Behaviour) and includes without limitation:
    • Harassment, whether direct or indirect words or actions directed at a person that annoys, alarms or causes substantial emotional distress; 
    • Discrimination whether direct or indirect words or actions which reasonably appear to treat someone unfairly because of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin; 
    • Sexual harassment whether direct or indirect words or actions directed at a person which is unwelcome or uninvited that is offensive from the view of the person harassed, regardless of intent and includes, unwelcome sexual advances, unwelcome request for sexual favours, any other unwelcome conduct of a sexual nature; 
    • Physical abuse or assault;
    • Intimidation, threats (implied or real) of any form whatsoever, as well as verbal abuse including any unwelcome or discriminatory comments in relation to an individual; 
    • Defamatory comments of any nature; 
    • Displaying, sharing, sending or discussing inappropriate material e.g. offensive words, images or media in any form whatsoever, suggestive comments or jokes of a sexual nature; 
    • Disruptive or anti-social behaviour; 
    • Consumption or possession of illicit substances; 
    • Inability or unwillingness to conduct oneself professionally, including as a result of drunken behaviour; 
    • Any unlawful behaviour of whatsoever nature; 
  • Any damage to property of whatsoever nature. 
  • Should any Prohibited Behaviour be observed, anticipated, suspected or reported, the FAMNZ may take any reasonable measure that it deems necessary to ensure the safety of others, and/or the maintenance of a professional environment. Such action may include refusal of entry to, or removal of one or more individuals from the Event, and any future activities undertaken by FAMNZ, at its sole discretion.
  • Any prohibited, unwelcome or unprofessional behaviour that is witnessed or suspected, should be reported immediately to a FAMNZ representative immediately.

COVID-19 - Terms of Event Participation: In registering for a FAMNZ in-person event, the delegate also agrees to the following: 

  • Mandatory attendance tracking;
  • Adherence to the relevant government health and work safety advice in the location of where the event is held;
  • Adherence to social distancing and hygiene protocol;
  • Abstaining from an event if closer to the event date the delegate develops or displays any symptoms that are similar to COVID-19 symptoms (fever, cough, sore throat and runny nose);
  • A delegate should not attend the event if displaying symptoms of COVID-19 or if the delegate has visited a COVID-19 hotspot prior to the event taking place.
  • Upon review of your ability to meet the criteria outlined above, FAMNZ reserves the right to cancel a delegate’s participation at an event in order to ensure that high levels of safety are maintained for all event participants.