Terms of use

DEVELOPER PORTAL TERMS AND CONDITIONS

Last Updated: 15 May 2024


 

These terms and conditions apply to all users of the Westpac Developer Portal available at https://developer.westpac.co.nz or https://developer.westpac.co.nz/openbanking or any other URL that Westpac may notify from time to time as being the URL for its developer portal (the "Developer Portal") and the associated Westpac Developer Services described below. References in these terms and conditions to "we", "our", "us" or similar are references to Westpac New Zealand Limited. 

Use of our Developer Portal and associated Developer Services is subject to these Developer Portal Terms and Conditions, as well as our Privacy Policy and website Terms of Use, available at the Developer Portal webpage (collectively, the "Developer Terms"). 

By registering for an Account with us, you accept these Developer Terms and acknowledge that you agree to comply with them. If you are using the Developer Portal and associated Developer Services on behalf of a corporate entity, you represent and warrant that you are authorised to bind that entity to these Developer Terms and you agree to these Developer Terms on behalf of the corporate entity which you represent. References to "you" or "your" shall refer to either you or, where you are accessing the Developer Portal on behalf of a corporate entity, that company or other organisation. 

If you do not agree to be bound by the Developer Terms, you must stop accessing and using the Developer Portal and associated Developer Services. 

These Developer Terms apply to your use of Westpac APIs for the purpose of development and testing of your Application only. Use of Westpac APIs in a production environment is subject to you completing the process outlined in clause 3.3 and entering into an API Services Agreement with us. Once your Application has been admitted into a live production environment your use of the Developer Portal and the Developer Services (including any Westpac API) as relevant to that Application shall be subject to the terms of your API Services Agreement and not these Developer Terms apart from clause 1 which shall continue to apply. 

We reserve the right to change these Developer Terms at any time by notifying you of the existence of the amended terms and conditions or making the revised version available to you through the Developer Portal. By continuing to access the Developer Portal and associated Developer Services, you agree to be bound by the amended terms and conditions. 

Capitalised words and phrases used in these Developer Terms have the meaning given to them at the end of this document.


 

1.  Developer Portal Registration

1.1 Registering an Account: Before you can access the Developer Portal and associated Developer Services, you must first register an Account using the appropriate functionality on the Developer Portal. You may not transfer your Account to another user or maintain more than one Account with us without our consent.

1.2 Applying for access to a Westpac API: Once you have created your Account you will be asked to complete an Application for API Products and Digital Assessment Questionnaire. We will consider your completed Application for API Products, your completed Digital Assessment Questionnaire, and all other information available to us about you and your Application and shall either approve or decline (in our absolute discretion) your application for access to a Westpac API. You must provide us with any information we may reasonably request for this purpose. For the avoidance of doubt, we shall have no liability to you in the event that any application for access to a Westpac API is declined.

1.3 Developer Credentials: If your application for access to a Westpac API is accepted, we will issue you with Developer Credentials for the purposes of testing your Application and you will be granted access to the UAT version of our Developer Portal. You will need to register a separate Account in the UAT version of our Developer Portal. You must ensure that you keep your Developer Credentials secure and confidential at all times. If you believe for any reason that any of your Developer Credentials could be known by someone else, discover that any unauthorised use of your Developer Credentials has taken place or otherwise become aware of any other security breach, you must change your Developer Credentials immediately and promptly notify us of the security breach using the contact details listed at clause 8.5.

1.4 Your Data: You confirm that the data you provided to us when applying for access to a Westpac API was, at the time you provided it current, complete and accurate and not misleading, and you agree to maintain and update that data as required to keep it so.

1.5 Your Account: We will have no obligation to verify, or take any steps to verify, any instruction received from you or appearing to be sent by you or from another person authorised to operate your Account. You will be liable for every action taken under your Developer Credentials. You release us, and renounce any claim in respect of or arising, from any reasonable reliance by us on any use of your Developer Credentials, including us disclosing information relating to your registration and/or relationship with us. You agree to indemnify and hold us, our officers and employees harmless from any claims, actions, costs (including legal costs), or losses by us or any third party due to, or arising out of, reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your Developer Credentials.

1.6 Electronic Messages: By registering for an Account, you consent to receiving communications by way of electronic messages from the Westpac Group using the contact details you provided. You must ensure your contact details are kept up to date.


 

2.  Terms of Use of Developer Portal and Developer Services

2.1 Access Requirements: You are responsible for obtaining and maintaining all necessary equipment, software and technology in compliance with such technical requirements as we may advise from time to time and as may be required in order to access the Developer Portal and Developer Services. Compliance with any conditions of use relating to, or charges associated with your use of, such equipment, or services accessed through that equipment, are your responsibility. 

2.2 Your Obligations: You agree and undertake that when you use the Developer Portal and Developer Services you shall: 

  (a) comply with any instructions we provide in email alerts and communications published on the Developer Portal from time to time and all applicable Laws; 

  (b) at all times maintain appropriate administrative, technical, and physical safeguards and appropriate technical and organisational controls and security measures to the level of Good Industry Practice (and to meet the Security Protocols and relevant Law) in relation to the use of and access to the Developer Portal and associated Developer Services, to ensure the security and confidentiality of data and protect against unlawful processing and accidental or unauthorised loss, destruction, misuse, damage, alteration or disclosure of data (and you shall notify us immediately if you discover any irregularities in your internal controls, use, or access)

  (c) not introduce or otherwise compromise Westpac Systems (or any part of them) with any Harmful Code or compromise or seek to compromise the security or integrity of the Developer Portal and associated Developer Services or any of our other systems, networks or data, or permit any other person to do so; 

  (d) not copy, modify, adapt, reproduce, translate, vary, reverse engineer, decompile, disassemble, make error corrections or otherwise change in any way the Developer Portal or any materials available on or through it (including the Westpac APIs, Developer Materials (subject to clause 4.2 only)), or permit any other person to do so; 

  (e) not misuse, damage, destroy or attempt to gain unauthorised access to the Developer Portal or associated Developer Services, any Westpac Systems or data, or permit any other person to do so; 

  (f) not generate unnecessary or excessive calls or volumes of activity or make calls above any call rate limit we may set or otherwise take any action that in our opinion imposes an unreasonable load on the infrastructure of the Developer Portal and associated Developer Services, including but not limited to "spam" or other such unsolicited e-mailing techniques; 

  (g) use the Developer Portal and associated Developer Services for any purpose that is unlawful, infringes the Intellectual Property Rights, privacy, confidentiality or other rights of any third party, adversely affects our reputation or is otherwise prohibited or not expressly permitted by these Developer Terms; and 

  (h) if Westpac consents to a third party using or accessing the Developer Portal or all or any components of the Developer Services on your behalf (for example, your third party developer contractor), ensure that you have a binding agreement in place with such third party requiring that the third party complies with these Developer Terms. 2.3 Changes: From time to time we may modify, enhance or add functionality to the Developer Portal or Developer Services and such modifications may cause disruption to you.

 


 

3.  Developer Services and User Acceptance Testing

3.1 Developer Services: On and from us confirming to you that your application for access to a Westpac API has been successful, we will make the Developer Services available to you for the duration of the Term. 

3.2 Developer Materials: The Developer Materials contain the development policies, requirements and other specifications applicable to the development of Applications and their terms shall bind you, as if set out in these Developer Terms direct. You shall at all times comply with the same, including (without limitation): 

  (a) integrating all required constituent components of a Westpac API (and you may not integrate, access or use any components independently of the other(s)); 

  (b) ensuring that the Application is implemented in a secure way that minimises the risk of data loss, including through a security breach, in accordance with Good Industry Practice; 

  (c) ensuring that the integration of the Westpac API is in accordance with, and allows our customers to comply with Westpac’s General Terms and Conditions available at www.westpac.co.nz

  (d) ensuring that the Application is subject at all times to monitoring and reporting systems and protocols with respect to fraud or potential fraud in connection with the use of the same. 

3.3 Acceptance of Application to Live Environment: Following the development of your Application you shall follow the testing process as further described in the Developer Materials. Once the testing process is complete, we will consider the results of your testing and any other technical requirements we may reasonably require. Once we are satisfied that all technical requirements have been satisfied and you have executed an API Services Agreement with us, we will issue you with new Developer Credentials and your Application will be accepted into a live production environment. Allowing your Application into a live production environment is at our absolute discretion and we have shall no liability to you in the event that we decline to allow your Application into a live production environment.

 

 

4. Intellectual Property Rights

4.1 Licence granted to you: Subject to these Developer Terms, we grant to you a royalty free, non-exclusive, non-transferable, non-sub-licensable, revocable, limited licence to use the Intellectual Property Rights in the Developer Portal and associated Developer Services, that we make available to you from time to time strictly to the extent necessary to develop and test Applications in New Zealand. We reserve all other rights and licences with respect to any of our Intellectual Property Rights not expressly granted to you in this clause 4. 

4.2 Exception: Notwithstanding clauses 2.2(d), 4.1, 4.4 and 5.3(b), as part of any testing, you shall be permitted to copy relevant components of the Developer Materials into your Application code solely to the extent necessary to enable your Application to make calls to the relevant Westpac API. This limited licence shall terminate with respect to an Application on and from the earlier of: 

  (a) notification by us pursuant to clause 3.3 above that your Application for API Products with respect to the applicable Application is declined; and 

  (b) execution by us and you of an API Services Agreement with respect to the applicable Application, (the Licence Term). If, and to the extent that, live use of    your Application is approved by us pursuant to clause 3.3 above, your ongoing use of Developer Materials in your Application code shall be governed by the  terms of the applicable API Services Agreement. 

4.3 Licence granted by you: You grant us a royalty-free, non-exclusive, transferable, irrevocable, sub-licensable, licence to use and access your Application for any of the following purposes during the Licence Term: 

  (a) testing your Application from time to time, including to ensure compliance with these Developer Terms; 

  (b) complying with requests from regulators or to otherwise as necessary to comply with Law; and 

  (c) investigating any security breaches. 

4.4 Ownership of Westpac IP: The Intellectual Property Rights in and to the Developer Portal and associated Developer Services (including, without limitation, the Developer Materials and Westpac Data), and these Developer Terms are the property of us or our licensors. No part of the Developer Portal and associated Developer Services (or any components thereof) may be distributed, used or copied for any purpose not expressly permitted in these Developer Terms and, subject to the limited exception set out in clause 4.2, you are not permitted for any purpose to incorporate the contents of the same or any part of these in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. You may not copy, use, remove or alter any trademarks, domain names, distinctive brand elements or logos that appear on the Developer Portal and associated Developer Services (or any components thereof) and any use of the same requires the prior consent of us (in our sole discretion) and is subject to your strict compliance with the our brand guidelines and any other terms notified by us to you. 

4.5 Feedback: You may provide us with feedback or suggestions about any aspect of the Developer Portal or Developer Services and, if you do, you grant us a royalty-free, perpetual non-exclusive, worldwide, fully and freely transferable and sub-licensable, irrevocable right and licence to use, store, copy, edit, modify, adapt, publish, reproduce, otherwise exploit, or display any such suggestions in any form, without restriction and without compensation of any kind to you, and you waive all moral rights in such content.


 

5. Confidentiality and Data

5.1 Duty of Confidentiality: You must keep any Confidential Information we make available to you confidential and not disclose it to any third party and ensure that any representatives or other persons to whom you are permitted by the Developer Terms to provide access does the same. 

5.2 Permitted Disclosure: Both we and you may disclose or allow disclosure of each other’s Confidential Information: 

  (a) when disclosure is required by Law, the rules of any recognised stock exchange or order of any court or tribunal of competent jurisdiction; 

  (b) if that Confidential Information has, at the time of the disclosure, already become publicly available or generally known to the public other than as a result of a breach of the Developer Terms; 

  (c) to our officers, employees or professional advisers to the extent necessary to enable us to perform or enforce any of our duties or rights under the Developer Terms; or 

  (d) if given prior written approval to disclose the Confidential Information. 

5.3 Westpac Data: You may use Westpac Data solely for the purpose of, and to the extent strictly necessary for, the Developer Services and must: 

  (a) not transfer or permit the transfer of Westpac Data outside of New Zealand, or allow any person outside New Zealand access to it without our prior written consent; 

  (b) not, subject to the limited exception set out in clause 4.2, copy, reproduce, publish, sell, let, commercially exploit, assign rights in, modify, extract, dispose or otherwise part with possession of the whole or any part of the Westpac Data or relay or disseminate the same to any third party; 

  (c) limit access to Westpac Data to those of your personnel for whom such access is strictly necessary for the purposes of the Developer Services; 

  (d) not provide Westpac Data (or allow the provision of such data to, or access to such data by) any person (other than the personnel referred to in clause 5.3(c) above) other than as expressly contemplated by the Developer Terms, without our prior written consent; and 

  (e) notify us immediately and comply with our reasonable directions if you become aware of the contravention of any data security requirement set out in this clause 5.3. 

5.4 Personal Information: Where you provide Personal Information to us you warrant and undertake that you have all requisite authorisations in writing from all persons to whom that Personal Information relates, to provide that Personal Information to us as contemplated by these Developer Terms. Personal Information provided to us may be disclosed to third parties solely for the purposes of assisting with the supply of the Developer Services to you. You confirm that you consent to us making the Personal Information available to third parties for these purposes and warrant that you have requisite permission from all persons to whom that Personal Information relates to provide such confirmation. Any Personal Information provided by you to us in connection with your use of the Developer Portal and the Developer Services will be used by us in accordance with the Westpac Privacy Policy available at https://www.westpac.co.nz/about-us/legal-information-privacy/privacy-policy/. 

5.5 Survival: This clause 5 shall survive termination or expiry of these Development Terms.


 

6. Liability

6.1 No Warranties: We do not represent or warrant that the use of the Developer Portal or Developer Services will be uninterrupted or error-free, nor do we represent or warrant the accuracy, completeness, or fitness for purpose of the Westpac Services and Westpac Data (including the Developer Materials). While we endeavour to minimise any service outages, the Developer Portal (and associated Developer Services), including access to the Westpac APIs and Westpac Data (including, without limitation, the Developer Materials), may be unavailable from time to time.). You acknowledge and agree that the transmission of data via the Developer Portal (or any associated Westpac APIs) may be subject to errors, omissions, delays, and losses (including but not limited to viruses or inadvertent loss of data or damage to media) that may give rise to loss or damage. We are not liable for any such errors, omissions, delays, or losses, unless caused by our wilful misconduct. 

6.2 Information only: We make the Developer Portal and its information and content (including the Westpac Data) available to you on an "as is" basis. The content provided on the Developer Portal (including the Westpac Data) has not been prepared by taking into account your particular objectives, situation or needs. We do not guarantee that the information and content available on the Developer Portal (including the Westpac Data) will be without error, inaccuracy or defect. 

6.3 Exclusion of liability: To the fullest extent permitted by law, we exclude: 

(a) all warranties and representations in relation to the Developer Portal and Developer Services whether express, implied, statutory or otherwise and we will not be responsible for any errors or misstatements in the same; and 

(b) both our and our third party providers' liability for loss in relation to the Developer Portal and Developer Services whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, loss of profits, loss of data, loss of savings and loss of opportunity). 

6.4 Limitation: Our liability to you for any loss arising out of or in connection with the Developer Terms, to the extent not excluded, and including for breach of contract, tort (including negligence and breach of statutory duty), misrepresentation or restitution, is limited in the aggregate to $100. 

6.5 Indemnity: You will take all necessary actions to defend and indemnify us and our officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against us arising from a breach by you of any of the Developer Terms. 

6.6 Force Majeure: We are not liable for any delay in performing, or failure to perform, any of our obligations under the Developer Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control. 

6.7 In Trade: You acknowledge that you are accessing the Developer Portal and Developer Services “in trade” and, accordingly, you agree that the Consumer Guarantees Act 1993 and sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986 will not apply. You agree not to use the Developer Services for any personal, domestic, household use or consumption, or other consumer purpose.


 

7. Term, Termination and Suspension

7.1 Term: The Developer Terms commence upon you signing up for an Account and continue in force until terminated by either of you or us (Term). 

7.2 Termination for Cause: Your continued access to the Developer Portal and Developer Services is determined by us at our discretion. We may immediately and without notice suspend your access to the Developer Portal and Developer Services or terminate the Developer Terms, if you are in breach of any of these Developer Terms, or any Related Agreement or we have reasonable grounds to believe that your access may adversely impact the confidentiality, security or integrity of the Developer Portal or any Westpac API.

7.3 Termination on Notice: Either party may terminate these Developer Terms without cause by giving not less than 30 days’ written notice to the other party. 

7.4 Effect of Termination or Expiry: On termination or expiry of these Developer Terms your Account and access to the Developer Portal and Developer Services will immediately cease and you must immediately return to us, destroy or permanently erase (at our election) all property and materials containing, reflecting, incorporating or based on our Confidential Information or Intellectual Property Rights (including the Westpac Data) which is in your possession or under your control, provided that you may retain a single copy of such property and materials for as long as required by Law (and may only use the same for that sole purpose) and, in these circumstances, the clauses of these Developer Terms which relate to the protection, security and confidentiality of such property and materials shall continue to apply. 

7.5 Survival: The covenants, conditions and provisions of these Developer Terms, which are intended, expressed to, or otherwise are capable of having effect after the expiration or termination of these Developer Terms will remain in full force and effect following any expiration or termination of this Agreement.


 

8. General Terms

8.1 Relationship: The Developer Terms will not be deemed to create a partnership, joint venture, agency or employment relationship of any kind between us and you. 

8.2 No Waiver: If at any time you or we do not enforce any of the Developer Terms or grant each other time or other indulgence, neither of us will be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, if any part or provision of the Developer Terms is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision. The remaining terms and conditions will be binding on the parties. 

8.3 Assignment and Subcontracting: You may not, without our prior written consent, assign, transfer or permit the exercise by any person of any of, your rights and obligations under these Developer Terms. We may freely subcontract, assign or novate the Developer Terms and our rights and benefits under it to any Westpac Group company or any third party. 

8.4 Conflict of terms: If, and to the extent that, the provisions of these Developer Terms conflict with those of any Related Agreement (including your API Services Agreement), the terms of the Related Agreement shall apply. 

8.5 Notices: If you have any questions or concerns in relation to the Developer Portal, Developer Services or the Developer Terms, please contact us at the following address: api_support@westpac.co.nz. 

8.6 Governing Law: The Developer Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the Courts of New Zealand.


 

9. Defined Terms

(a) Account means any account we provide to you for the purposes of accessing the Developer Portal and associated Developer Services; 

(b) API Services Agreement means any agreement entered into between you and us for the use of a Westpac API. 

(c) Application means the application or service you intend to integrate with a Westpac API and in respect of which you apply for a Westpac API via the Application for API Products; 

(d) Application for API Products means the document entitled "Application for API Products" through which you request our approval to use your Application in a live production environment with respect to one or more specified Westpac APIs; 

(e) Client ID means the unique identifier issued by us to you when your Application for API Products is accepted by us; 

(f) Confidential Information means all information that you or we obtain in connection with these Developer Terms and shall include the Westpac Data; 

(g) Data Protection Laws means all applicable laws in relation to: 

  (a) data protection; 

  (b) privacy; 

  (c) restrictions on, or requirements in respect of, the processing of personal information of any kind; and 

  (d) actions required to be taken in respect of unauthorised or accidental access to or use or disclosure of personal information and shall include the Privacy Act 2020; 

(h) Developer Credentials means your Client ID and the password or key issued by us to you that enables you to access the Westpac APIs; 

(i) Developer Materials means Westpac API descriptions and operations information, specifications, programming guides, sample code, parameters for calls and responses to and from a specified Westpac API, Westpac API tools, app keys, access tokens, user guides, testing procedures and test scripts and all other information and software code made available to you by us through the Developer Portal or by other means from time to time for the purposes of the Developer Portal; 

(j) Developer Portal has the meaning given on page one of these Developer Terms; 

(k) Developer Services means the provision of the Westpac APIs, Westpac Data (including Developer Materials), and any other services provided to you by us in connection with these Developer Terms; 

(l) Developer Terms has the meaning given on page one of these terms; 

(m) Digital Assessment Questionnaire means the document entitled "Digital Assessment Questionnaire" which is available on the Developer Portal; 

(n) Good Industry Practice means the exercise of the degree of skill, diligence and foresight which would reasonably and ordinarily be expected from a skilled and experienced operator engaged in the same type of undertaking in New Zealand under the same or similar circumstances; 

(o) Harmful Code means any program code or programming instructions, or any thing or device, which may damage, interfere with, impair or otherwise adversely affect Westpac Systems or associated data or prevent or hinder access to any program or data, or enable unauthorised access to any program or data, impair or disrupt the operation of any program or the reliability of any data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise), including malicious code, Trojan horses, worms, spyware, malware, computer viruses, logic bombs, backdoors; 

(p) Intellectual Property Rights means trade marks, rights in domain names, copyright, patents, registered designs, circuit layouts, rights in computer software, databases and lists, rights in inventions, confidential information, know how and trade secrets, operating manuals, quality manuals and all other intellectual property, in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world, including the goodwill associated with the foregoing and all rights of action, powers and benefits in respect of the same; 

(q) Law means all applicable laws, binding rules, regulations, published regulatory guidance, regulatory requirements and any form of secondary legislation, resolution, policy, guideline or case law having the force of law from time to time; 

(r) Licence Term has the meaning given in clause 4.2; 

(s) Personal Information has the meaning given to that term, or where applicable to the term "personal data", under the Data Protection Laws; 

(t) Related Agreement means any contract between us and you other than these Developer Terms which relates directly or indirectly to your use of Westpac APIs (including your API Services Agreement); 

(u) Related Company has the meaning of "related company" as that term is defined in the Companies Act 1993, as if the word "company" for the purposes of that definition includes any body corporate wherever incorporated or established; 

(v) Security Protocols means the "Westpac Third Party Information Security Standards" issued by us from time to time, any requirements regarding the dedicated or direct interconnection between your systems, platform or devices and our operating environment (available on the Developer Portal) and any amendments to such requirements notified by us (acting reasonably) from time to time, any other information security policies or requirements issued by us from time to time and made available through the Developer Portal and the following International Standards for Information Security (available from the Standards New Zealand website (www.standards.co.nz)

  (i) AS/NZS ISO/IEC 27001:2013 Information Security Management Systems – Requirements; 

  (ii) AS/NZS ISO/IEC 27002:2013 Code of Practice for Information Security Management; and 

  (iii) AS/NZS ISO/IEC 27005:2012 Information Security Risk Management; 

(w) Term has the meaning given in clause 7.1; 

(x) Westpac API means any Westpac application programming interface which allows external systems such as your Application to communicate with relevant components of Westpac Systems; 

(y) Westpac Data means all data and information relating to us and our related companies and our and their operations, facilities, customers, clients, personnel, assets and programs in whatever form that information may exist and whether entered into, stored in, generated by or processed as part of your use of the Developer Portal or the Westpac APIs (and shall include the Developer Materials); 

(z) Westpac Group means us, Westpac Banking Corporation and all Related Companies of us and/or Westpac Banking Corporation collectively; and (aa) Westpac Systems means all hardware, firmware, protocols, software and other peripheral equipment, networks, communication systems and other equipment of whatever nature used or relied upon by us or the Westpac Group.


 

10. Interpretation: Unless the context otherwise requires, in these Developer Terms:

(a) references to any document or agreement refer to that document or agreement as amended, supplemented, replaced or novated from time to time; 

(b) a reference to a party to this agreement or any other document or agreement includes its successors and permitted substitutes or 

(c) a reference to a person, company, trust, partnership, unincorporated body or other entity includes any of them; 

(d) the singular includes the plural and vice versa; 

(e) headings are for convenience and do not affect interpretation; 

(f) where a word or phrase is defined, its other grammatical forms have a corresponding meaning; 

(g) a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it; 

(h) a reference to writing includes electronic communication (including e-mail) and any means of reproducing words in a tangible and permanently visible form; 

(i) a reference to conduct includes an omission, statement or undertaking, whether or not in writing; 

(j) references to money, dollars or $ are to New Zealand dollars; 

(k) the terms "include", "includes" or "including" are deemed to be followed by the words without limitation; and (l) all references to time are to New Zealand time.