Terms of Service (New Zealand)
These Terms of Service (the "Terms") govern your access to and use of the website located at [Website URL] and the services described as [Service Description] (collectively, the "Service"), operated by [Company Name], [Company Entity Type] (NZBN [Company NZBN]) ("we", "us", or "our").
Our principal place of business is at [Company Address], [Company City] [Company Postcode], New Zealand. Our GST registration number is [GST Number]. You may contact us by email at [Company Email].
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service. These Terms take effect on [Effective Date].
These Terms are governed by and construed in accordance with the laws of New Zealand, including the Contract and Commercial Law Act 2017 (CCLA), the Consumer Guarantees Act 1993 (CGA), and the Fair Trading Act 1986 (FTA). Nothing in these Terms excludes, restricts, or modifies any right or remedy conferred by the CGA or the FTA that cannot lawfully be excluded.
1. DEFINITIONS
1.1 In these Terms, the following definitions apply:
- "Consumer" means a person who acquires goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption, as defined in the Consumer Guarantees Act 1993;
- "Content" means any text, images, audio, video, software, data, or other material uploaded, posted, or transmitted through the Service;
- "Intellectual Property Rights" means copyright (including rights under the Copyright Act 1994), trade marks (including rights under the Trade Marks Act 2002), patents, designs, and all other intellectual property rights, whether registered or unregistered;
- "User", "you", or "your" means any person who accesses or uses the Service.
2. THE SERVICE
2.1 We will use reasonable endeavours to make the Service available to you in accordance with these Terms. However, we do not guarantee that the Service will be uninterrupted, error-free, or free from harmful components.
2.2 We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. Where a material change affects your use of the Service, we will endeavour to provide reasonable advance notice.
2.3 We may perform scheduled and emergency maintenance from time to time, during which the Service may be temporarily unavailable. We will use reasonable endeavours to minimise disruption and, where possible, to notify you in advance of scheduled maintenance.
3. CONSUMER GUARANTEES ACT 1993
3.1 Where you are a Consumer as defined in the Consumer Guarantees Act 1993 (CGA), nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy implied or conferred by the CGA that cannot lawfully be excluded. In particular, these Terms do not exclude the guarantee that services will be carried out with reasonable care and skill (s 28), that services will be fit for any particular purpose made known to us (s 29), that services will be completed within a reasonable time (s 30), and that services will be provided at a reasonable price where no price is agreed (s 31).
3.2 Where you are a Consumer and we fail to comply with a service guarantee under the CGA, you may require us to remedy the failure within a reasonable time. Where the failure is a major failure that cannot be remedied, you may cancel the contract and obtain a refund, and you may also seek compensation for any reasonably foreseeable loss.
3.3 Where you acquire the Service for the purposes of a business (that is, you are not a Consumer), and you are 'in trade' as defined in the CGA, the Parties agree to contract out of the guarantees in sections 28-31 of the CGA under section 43, to the extent it is fair and reasonable to do so. In such circumstances, our liability in connection with the Service is limited as set out in clause 8 of these Terms.
3.4 The Service is directed at [Service Audience].
4. ACCEPTABLE USE
4.1 You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service:
[Prohibited Activities]
4.2 You must not use the Service in any way that contravenes the Harmful Digital Communications Act 2015, the Computer Fraud and Abuse Act, the Spam Act, the Privacy Act 2020, or any other applicable New Zealand or international law.
4.3 We reserve the right to investigate any suspected breach of this clause and to take appropriate action, including suspending or terminating your access to the Service and reporting the matter to the New Zealand Police or other relevant authorities.
4.4 You are solely responsible for any Content you upload, post, or transmit through the Service. You represent and warrant that you have all necessary rights and permissions to submit such Content and that it does not infringe the Intellectual Property Rights of any third party.
5. INTELLECTUAL PROPERTY
5.1 [IP Ownership Description]
5.2 We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal or internal business purposes, in accordance with these Terms. This licence does not include the right to modify, copy, distribute, sell, lease, or create derivative works based on the Service or any Content, except as expressly permitted.
5.3 Nothing in these Terms transfers any Intellectual Property Rights from us to you. All rights not expressly granted in these Terms are reserved.
5.4 If you believe that any Content on the Service infringes your Intellectual Property Rights under the Copyright Act 1994 or the Trade Marks Act 2002, please contact us at [Company Email] with details of the alleged infringement.
6. LIMITATION OF LIABILITY
6.1 Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; misleading or deceptive conduct under the Fair Trading Act 1986; any liability that cannot be excluded or limited under the Consumer Guarantees Act 1993; or any other liability that cannot be excluded by New Zealand law.
6.2 Subject to clause 8.1, and to the extent you are not a Consumer under the CGA, our total aggregate liability to you for all claims arising out of or in connection with these Terms or your use of the Service shall not exceed NZD $[Liability Cap].
6.3 Subject to clause 8.1, and to the extent you are not a Consumer under the CGA, we shall not be liable for any: loss of profits, loss of business, loss of revenue, loss of anticipated savings, loss of data, or any indirect, consequential, special, or punitive damages, howsoever arising, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
6.4 If you are a Consumer, the Consumer Guarantees Act 1993 provides that certain guarantees cannot be excluded by contract. Nothing in these Terms limits any right or remedy you have under the CGA.
7. PRIVACY AND PERSONAL INFORMATION
7.1 We collect and handle personal information in accordance with the Privacy Act 2020 and the 13 Information Privacy Principles (IPPs). Our Privacy Policy, available on the Service, explains how we collect, use, store, and protect your personal information.
7.2 By using the Service, you consent to the collection and use of your personal information in accordance with our Privacy Policy and the Privacy Act 2020.
7.3 You have the right to access and correct personal information we hold about you under the Privacy Act 2020. To exercise these rights, or for any privacy-related queries or complaints, please contact our Privacy Officer at [Company Email].
7.4 If we experience a privacy breach involving your personal information that has caused or is likely to cause serious harm, we will notify you and the Privacy Commissioner as required by Part 7 of the Privacy Act 2020.
8. TERMINATION
8.1 You may terminate your use of the Service [Termination Notice].
8.2 We may terminate or suspend your access to the Service immediately, without prior notice or liability, if: you breach any provision of these Terms; we are required to do so by applicable New Zealand law; or we decide to discontinue the Service in whole or in part.
8.3 Upon termination: your right to use the Service will cease immediately; any licences granted to you under these Terms will terminate; and we may delete your account and any associated data in accordance with our Privacy Policy.
8.4 Clauses that by their nature should survive termination shall survive, including but not limited to: Intellectual Property, Limitation of Liability, Privacy, and Governing Law.
9. GENERAL PROVISIONS
9.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Service and supersede all prior agreements, representations, and understandings.
9.2 Severability: If any provision of these Terms is found to be invalid, void, or unenforceable under New Zealand law, that provision shall be deemed deleted and the remaining provisions shall continue in full force and effect.
9.3 No Waiver: A failure or delay by us to exercise any right or remedy under these Terms shall not constitute a waiver of that or any other right or remedy.
9.4 Assignment: We may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party at our discretion. You may not assign, transfer, or sub-contract any of your rights or obligations without our prior written consent.
9.5 No Third Party Rights: A person who is not a party to these Terms shall have no right to enforce any of its terms under the Contract and Commercial Law Act 2017. The provisions of Part 2, subpart 1 of the CCLA are excluded to the extent permitted by law.
9.6 Fair Trading Act: We warrant that we have not engaged in, and will not engage in, any misleading or deceptive conduct in trade in connection with the Service or these Terms, consistent with our obligations under the Fair Trading Act 1986.
9.7 Amendments: We reserve the right to amend these Terms at any time by publishing the updated Terms on the Service. Material changes will be notified to registered users by email. Your continued use of the Service after the updated Terms are published constitutes your acceptance of the amended Terms.
9.8 Governing Law and Jurisdiction: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of New Zealand, including the Contract and Commercial Law Act 2017, the Consumer Guarantees Act 1993, and the Fair Trading Act 1986. Each Party submits to the non-exclusive jurisdiction of the courts of New Zealand.
10. CONTACT US
10.1 If you have any questions about these Terms, please contact us:
[Company Name]
Address: [Company Address], [Company City] [Company Postcode], New Zealand
Email: [Company Email]
What Is a Terms of Service (New Zealand)?
A Terms of Service in New Zealand sets the binding terms on which customers may use the product, website, or service and allocates rights and liabilities under the Consumer Guarantees Act 1993. It defines the service scope, SLA, pricing, data-protection duties, and liability allocation between provider and customer.
The Consumer Guarantees Act 1993 (CGA) is the most important legislation for New Zealand Terms of Service that involve the supply of services to consumers. The CGA implies mandatory guarantees into every contract for the supply of services to a consumer: that the services will be carried out with reasonable care and skill (s 28), that the services will be fit for any particular purpose made known to the supplier (s 29), that the services will be completed within a reasonable time (s 30), and that the services will be provided at a reasonable price where no price is agreed (s 31). These guarantees cannot be excluded in consumer transactions. However, section 43 of the CGA permits contracting-out in genuine B2B transactions where both parties are acting in trade.
The Contract and Commercial Law Act 2017 (CCLA) is the primary legislation governing the formation and enforcement of commercial contracts in New Zealand. The CCLA provides that electronic contracts and electronic signatures are valid and enforceable, meaning that users can form binding contracts with service providers by clicking 'I Agree' or by simply using the service (browse-wrap acceptance).
The Fair Trading Act 1986 (FTA) prohibits misleading and deceptive conduct in trade, and applies to all representations in Terms of Service about the nature and performance of the service, pricing, and users' rights. GST at 15% under the Goods and Services Tax Act 1985 must be addressed clearly in pricing provisions.
The Privacy Act 2020 is central to any Terms of Service that involves the collection or handling of users' personal information. The Privacy Act 2020 introduced 13 Information Privacy Principles (IPPs) and mandatory privacy breach reporting. Service providers must inform users how their personal information is collected, used, stored, and protected, and must notify the Privacy Commissioner and affected individuals of any privacy breach causing serious harm.
The Harmful Digital Communications Act 2015 is also relevant to online service providers, as it creates obligations in relation to content that causes serious emotional distress.
When Do You Need a Terms of Service (New Zealand)?
Every New Zealand business that operates a website, online platform, SaaS application, or digital service through which users can access services, create accounts, upload content, or make purchases needs Terms of Service. Without Terms of Service, the legal basis for the relationship between the service provider and its users is unclear, the provider has no contractual basis to suspend or terminate user accounts, and the provider cannot effectively limit its liability or protect its intellectual property.
You should use Terms of Service for: a SaaS (Software-as-a-Service) platform offering cloud-based tools or applications to New Zealand businesses or consumers; an e-commerce website or online marketplace where users can purchase products or services; a content platform, social media platform, or community forum where users create accounts and upload or share content; a mobile application (app) that provides services over the internet; a subscription-based service where users pay recurring fees for access to content or functionality; and any other online service where users interact with a platform and must agree to rules governing their use.
New Zealand-specific considerations include the Consumer Guarantees Act 1993 (CGA), which implies mandatory service guarantees into contracts with consumers that cannot be excluded; the Privacy Act 2020, which requires transparent disclosure of how personal information is handled; the Fair Trading Act 1986, which prohibits misleading pricing and representations; and the Harmful Digital Communications Act 2015, which applies to platforms that host user-generated content.
B2B SaaS providers in New Zealand should include a section 43 CGA contracting-out clause for their business customers, distinguishing the treatment of consumer and business accounts.
What to Include in Your Terms of Service (New Zealand)
Terms of Service (New Zealand) must include the following key provisions to comply with New Zealand law and protect both the service provider and its users.
Business Identification and NZBN — Clearly identify the business by its full legal name, New Zealand Business Number (NZBN), registered address, contact email, and GST registration number (if registered under the Goods and Services Tax Act 1985). This is required under the Fair Trading Act 1986 to avoid misleading users about the identity and location of the service provider.
Service Description — Define the service clearly and accurately. Terms should describe what the platform does and what users can expect. Overstating the service's capabilities may constitute misleading conduct under section 9 of the Fair Trading Act 1986, for which the Commerce Commission may seek civil pecuniary penalties.
Consumer Guarantees Act 1993 Compliance — The Terms must acknowledge the statutory service guarantees implied by sections 28-31 of the Consumer Guarantees Act 1993 for consumer users. For business users, include a section 43 CGA contracting-out clause where appropriate. Clearly distinguish between consumer and business accounts in the Terms.
Pricing and GST — State whether subscription fees or service fees are inclusive or exclusive of GST at 15% under the Goods and Services Tax Act 1985. For consumer-facing services, prices must be stated inclusive of GST under the Fair Trading Act 1986. Include the GST registration number if registered.
User Account Obligations — Set out the user's obligations regarding account registration, security of login credentials, and age requirements. Under the Contract and Commercial Law Act 2017, minors have limited contractual capacity, and Terms should address minimum age requirements.
Acceptable Use — Define clearly what users are prohibited from doing, including references to the Harmful Digital Communications Act 2015 for platforms hosting user-generated content, and the Privacy Act 2020 obligations applicable to content involving personal information.
Intellectual Property — Specify the ownership of intellectual property rights in the service and content under the Copyright Act 1994 and the Trade Marks Act 2002. Address user-generated content licences.
Privacy and Data Handling — Address compliance with the Privacy Act 2020 and the 13 Information Privacy Principles (IPPs). Include the mandatory obligation to report privacy breaches to the Privacy Commissioner and affected users where serious harm is caused or likely.
Limitation of Liability — Include a limitation of liability clause for B2B users, clearly excluding its application to consumers exercising rights under the Consumer Guarantees Act 1993 or claims under the Fair Trading Act 1986.
Dispute Resolution — Reference the Disputes Tribunal (for consumer claims up to NZD $30,000 under the Disputes Tribunal Act 1988), mediation, and the District Court and High Court of New Zealand for larger disputes.
Governing Law — Specify New Zealand law, including the Contract and Commercial Law Act 2017 (CCLA), Consumer Guarantees Act 1993, Fair Trading Act 1986, and Privacy Act 2020, as governing law. The forms-legal.com Terms of Service (New Zealand) provides a ready-to-use template that meets these requirements.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Terms of Service (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/business/policies/terms-of-service-new-zealand
"Terms of Service (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/business/policies/terms-of-service-new-zealand.
@misc{formslegal-terms-of-service-new-zealand,
author = {{Forms Legal}},
title = {Terms of Service (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/business/policies/terms-of-service-new-zealand}},
note = {Free legal document template. Based on Consumer Guarantees Act 1993}
}Also available for these jurisdictions:
Frequently Asked Questions
The Consumer Guarantees Act 1993 (CGA) implies mandatory guarantees into every contract for the supply of services to a consumer in New Zealand. For online services, the relevant guarantees are: that the services will be carried out with reasonable care and skill (s 28); that the services will be fit for any particular purpose made known to the supplier (s 29); that the services will be completed within a reasonable time where no time is agreed (s 30); and that the services will be provided at a reasonable price where no price is agreed (s 31). These guarantees apply automatically and cannot be excluded in consumer transactions. A consumer under the CGA is a person who acquires services of a kind ordinarily acquired for personal, domestic, or household use. Where a consumer service fails to comply with one of these guarantees, the consumer may require the supplier to remedy the failure within a reasonable time. If the failure is a major failure that cannot be remedied, the consumer may cancel the contract and obtain a refund, and may also claim compensation for any reasonably foreseeable loss.
Yes, but only in limited circumstances. Section 43 of the Consumer Guarantees Act 1993 permits parties to agree in writing to exclude the service guarantees in sections 28-31 of the CGA, but only where: (1) the services are acquired for the purposes of a business (not for personal, domestic, or household use); (2) both the provider and the customer are 'in trade'; and (3) it is fair and reasonable for the parties to be bound by the exclusion. This means that a SaaS provider or online service platform can potentially exclude the CGA guarantees in a B2B contract (where the customer is a business), but cannot exclude them in a consumer contract. Terms of Service for platforms that serve both consumers and businesses should clearly distinguish between the two, applying the CGA to consumer accounts and including a section 43 contracting-out clause for business accounts.
The Privacy Act 2020 replaced the Privacy Act 1993 and introduced significant changes to the privacy framework in New Zealand. Under the Privacy Act 2020, any agency (including online businesses and service providers) that collects, holds, uses, or discloses personal information must comply with the 13 Information Privacy Principles (IPPs). Key obligations include: collecting personal information only for a lawful purpose and only to the extent necessary; taking reasonable steps to ensure personal information is protected from unauthorised access, disclosure, alteration, or destruction; allowing individuals to access and correct their personal information; and not disclosing personal information for a purpose other than the purpose for which it was collected without the individual's consent (with limited exceptions). The Privacy Act 2020 introduced mandatory privacy breach reporting: if an agency experiences a privacy breach that has caused or is likely to cause serious harm to any individual, it must notify both the Privacy Commissioner and the affected individuals as soon as practicable.
The Fair Trading Act 1986 (FTA) prohibits misleading and deceptive conduct in trade, false or misleading representations, and certain unfair practices. The FTA applies to Terms of Service in several important ways. First, all representations in the Terms about the nature, features, and performance of the service must be accurate and not misleading — overstating what the service does or including misleading pricing information may constitute a breach of the FTA. Second, price representations in the Terms must not be misleading: for consumer-facing services, prices should be stated inclusive of GST at 15% to avoid misleading consumers. Third, unreasonable limitation of liability clauses or broad disclaimer clauses that give consumers a false impression of their rights may constitute misleading conduct under the FTA. Fourth, the Commerce Commission can take enforcement action against online businesses for FTA breaches, including seeking injunctions, compensation orders, and civil pecuniary penalties.
Yes. The Disputes Tribunal is a low-cost, informal forum for resolving civil disputes in New Zealand under the Disputes Tribunal Act 1988. The Disputes Tribunal can hear claims up to NZD $30,000 (or NZD $50,000 if both parties agree). It is particularly accessible for consumer disputes, as legal representation is generally not permitted, the process is informal, and hearings are relatively quick and inexpensive. Consumers who believe an online service provider has breached a consumer guarantee under the Consumer Guarantees Act 1993, engaged in misleading conduct under the Fair Trading Act 1986, or breached its Terms of Service may bring a claim in the Disputes Tribunal without engaging a lawyer. For claims exceeding NZD $30,000, or for more complex disputes (including B2B disputes or disputes involving significant IP rights), the District Court or High Court may be more appropriate.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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