APPLICATION OF TERMS
These Terms apply to your access to and use of the Website and the Software. By accessing or using the Website or the Software:
you agree to these Terms; and
where your access or use is on behalf of another person (for example, a company or Financial Advice Provider), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf, and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
If you do not agree to these Terms, you are not authorised to access or use the Website or the Software, and you must immediately stop doing so.
These Terms govern your use of the Website and the Software. Where you or the person on whose behalf you act has also entered into a separate written services agreement with us or with a related company (for example, a Trail services agreement), that agreement governs the commercial relationship and takes precedence over these Terms to the extent of any inconsistency. These Terms continue to apply to all other aspects of your use of the Website and the Software.
CHANGES
We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. Where a change is material, we will use reasonable efforts to notify you (for example, by email or by posting a notice on the Website or within the Software) before it takes effect. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access or use the Website or the Software after a change takes effect, you agree to be bound by the changed Terms.
We may change, suspend, discontinue, or restrict access to, the Website or the Software without notice or liability.
These Terms were last updated on the 28th of August 2026
DEFINITIONS
In these Terms:
including and similar words do not imply any limit.
Intellectual Property Rights means all copyright, patents, trademarks, trade, business and company names, domain names, rights in designs, database rights, rights in confidential information and know-how, and all other rights of a proprietary or intellectual property nature, whether registered or unregistered, and including all applications for and rights to apply for any of them.
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
personal information means information about an identifiable, living person.
Research Content has the meaning given in clause 7.1.
Software means the Trail software applications and platform (including Trail Research) made available by us through the Website or otherwise, together with any related tools, documentation, and any updates, upgrades or new versions of them.
Terms means these terms and conditions titled Trail — Website and Software Terms of Use.
Underlying System means any network, system, software, data or material that underlies or is connected to the Website or the Software.
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website or the Software.
We, us or our means Trail Limited (NZBN 9429046246455), a wholly owned subsidiary of Trail Investments Limited (NZBN 9429051976668).
Website means www.gettrail.com.
You means you or, if clause 1.1(b) applies, both you and the other person on whose behalf you are acting.
YOUR OBLIGATIONS
You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
If you are given a User ID, you must keep your User ID secure and:
not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to support@gettrail.com.
You must:
not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website, the Software or any Underlying System, or otherwise attempt to damage or interfere with the Website, the Software or any Underlying System; and
unless with our agreement, access the Website and the Software via standard web browsers or our supported applications only, and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to support@gettrail.com.
You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses or uses the Website or the Software by using your User ID.
LICENCE AND RESTRICTIONS
Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Website and the Software for your internal business purposes and, where you are a financial adviser, as part of your advice process.
You must not, and must not permit any other person to:
copy, reproduce, modify, adapt, translate or create derivative works from the Software or any part of it, except as expressly permitted by these Terms or by the ordinary use of the Software;
reverse engineer, decompile, disassemble, or otherwise attempt to derive or gain access to the source code, object code, or underlying structure, ideas or algorithms of the Software, except to the extent this restriction is expressly prohibited by applicable law;
sell, resell, licence, sub-licence, distribute, rent, lease, or otherwise make the Website or the Software available to any third party, or use the Website or the Software to provide services to or for the benefit of any third party, except as expressly permitted by us in writing;
remove, alter or obscure any proprietary notice, disclaimer, attribution or branding on or in the Website or the Software; or
use the Website or the Software to build, train, or improve any product or service that competes with the Website or the Software, or to develop any product or service using similar ideas, features, functions or graphics.
You must not access or use the Website or the Software for the purpose of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose.
INTELLECTUAL PROPERTY
We (and/or our licensors, which may include Trail Investments Limited) own all Intellectual Property Rights in the Website and the Software (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos, look and feel, and all source and object code), and the Underlying Systems. Nothing in these Terms transfers any of those rights to you. All rights not expressly granted to you are reserved.
If you provide us with any feedback, suggestions, ideas or recommendations regarding the Website or the Software (Feedback), you assign to us all Intellectual Property Rights in that Feedback, and we may use it for any purpose without restriction or obligation to you.
TRAIL RESEARCH
The Website and the Software may include access to Trail Research, which provides premium calculations, product ratings, comparative product information, benefit summaries, and other related content in respect of insurance products and providers (Research Content).
Trail Research is provided as a research and comparison tool only. Trail Research does not provide financial advice, personalised advice, or any recommendation or opinion that a person should acquire, replace, vary, retain or dispose of any insurance product. You are solely responsible for any advice you give and for your own compliance with applicable law.
Your access to Trail Research may be conditional on your eligibility and on payment of any applicable fees, and we may withdraw or vary access to Trail Research at any time in accordance with clause 2.2.
You may use Trail Research and the Research Content for your internal business purposes and as part of your advice process, including producing and sharing reports or other materials generated through the Website or the Software in the manner permitted by the Website or the Software, provided that you do not remove, alter or obscure any notices, disclaimers or attributions included in those reports or materials.
You must not copy, reproduce, distribute, republish, sell, disclose, or otherwise make available any Research Content except:
as permitted by these Terms;
through the ordinary use of the Website and the Software and their export or reporting functions; or
with our prior written consent.
To the maximum extent permitted by law, the disclaimer, limitation of liability and indemnity provisions in these Terms apply to Trail Research and all Research Content.
CONFIDENTIALITY
In the course of using the Website and the Software you may be given access to information that is not publicly available and that we treat as confidential, including pricing, non-public features and tools, Research Content methodology, and the design and operation of the Software (Confidential Information). You must keep Confidential Information confidential, use it only for the purposes permitted by these Terms, and not disclose it to any third party without our prior written consent, except as required by law.
AI FEATURES
The Software includes, and we are continuing to develop, features that use artificial intelligence and machine learning, including features that generate text, summaries, transcripts, file notes, or other outputs in response to inputs you provide or content you upload (AI Features).
You acknowledge that:
AI Features may produce outputs that are inaccurate, incomplete, or unsuitable for your purposes, and you are responsible for reviewing and verifying any output before relying on it or using it in your advice process;
AI Features do not provide financial advice and outputs are not a substitute for your professional judgement or your compliance obligations; and
some AI Features are provided using third-party AI service providers, and inputs and content may be shared with those providers to the extent necessary to provide the feature.
We use reasonable efforts to engage AI service providers on terms that restrict the retention of your inputs and content and their use to train the providers’ models, but we do not warrant that every provider operates on a zero-retention basis.
To the maximum extent permitted by law, the disclaimer, limitation of liability and indemnity provisions in these Terms apply to the AI Features and any outputs. You use the AI Features and any outputs at your own risk.
RECORDING AND TRANSCRIPTION
The Software may capture, record, transcribe, or otherwise process audio, video, or communications from meetings or calls (each a Recording), where you initiate or enable that function.
You are responsible, for every Recording captured through the Software, for:
determining whether the Recording is permitted under applicable law;
obtaining all consents required from your clients and any other participants before the Recording commences, including informing them that the meeting or call is being recorded and transcribed; and
keeping records of those consents as required by your professional and legal obligations.
You must stop a Recording, and must not upload it, if a participant does not consent.
You warrant that, for every Recording you capture, upload or process through the Software, you have obtained all consents and have all rights necessary to do so and for us to host, store, transcribe and process it in providing the Software.
You indemnify us against all Loss we suffer or incur in connection with any Recording captured, uploaded or processed through the Software, including any claim arising from a failure to obtain any required consent. This clause survives termination.
SECURITY INCIDENTS
If we become aware of a confirmed security incident that has resulted in unauthorised access to, or acquisition or disclosure of, your data held in the Software, we will notify you as soon as practicable and provide the information reasonably available to us about the incident and the steps we are taking. We will provide reasonable cooperation to assist you in meeting any notification obligations you have under the Privacy Act 2020. Notice under this clause is not an admission of fault or liability.
DISCLAIMERS
To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
the Website or the Software being unavailable (in whole or in part) or performing slowly;
any error in, or omission from, any information made available through the Website or the Software;
any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website or the Software. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website and the Software protects you from this; and
any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
We make no representation or warranty that the Website or the Software is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website and the Software is not illegal or prohibited, and for your own compliance with applicable local laws.
LIABILITY
To the maximum extent permitted by law:
you access and use the Website and the Software at your own risk; and
we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, the Software, or your access and use of (or inability to access or use) the Website or the Software. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to the total fees paid by you for access to the Software in the 12 month period immediately before the event giving rise to the liability.
To the maximum extent permitted by law, and only to the extent clauses 13.1 and 13.2 do not apply, our total liability to you under or in connection with these Terms, the Website, the Software, or your access and use of (or inability to access or use) the Website or the Software, must not exceed the total fees paid by you for access to the Software in the 12 month period immediately before the event giving rise to the liability.
PRIVACY
You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website or the Software available to you.
When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020.
The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
You acknowledge that all of the information supplied to you by your client has been supplied and stored by you in accordance with the Privacy Act 2020.
We may also collect technical information whenever you log on to, or visit the public version of, the Website. This may include information about the way users arrive at, browse through and interact with the Website, collected through cookies and other means. If you disable cookies you may not be able to use all of the functions of the Website. We use this information to understand and improve how the Website is used and to personalise it, and to help make any advertising we display more relevant to your interests.
Generally, we do not disclose personal information to third parties for their own purposes. However, we may do so:
to service providers and other persons working with us to make the Website or the Software available or to improve or develop its functionality;
in relation to the proposed purchase or acquisition of our business or assets, or a corporate restructure within our group; or
where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
You have the right to request access to and correction of any of the personal information we hold about you. To exercise these rights, email us at support@gettrail.com. We reserve the right to charge a reasonable fee for carrying out any request under this clause where permitted by law.
SUSPENSION, TERMINATION AND DATA
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms, or that any fees payable to us or to a related company remain unpaid, or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website or the Software (or any part of them).
On suspension or termination, you must immediately cease using the Website and the Software and must not attempt to gain further access.
On termination, we will make available to you an export of your data held in the Software using the export functions available at that time, provided you request it within 30 days of termination. A reasonable fee may apply to any export assistance beyond the standard export functions. After that 30 day period we may delete your data, except where we are required by law to retain it.
GENERAL
If we need to contact you, we may do so by email or by posting a notice on the Website or within the Software. You agree that this satisfies all legal requirements in relation to written communications.
You may link to our registration page only with our prior written consent (which we may grant or withhold at our absolute discretion), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the registration page unless we grant written permission. We reserve the right to withdraw linking permission without notice.
You must not assign, transfer or otherwise deal with your rights under these Terms without our prior written consent. We may assign, transfer or otherwise deal with our rights and obligations under these Terms, including to a related company, without your consent.
These Terms, and any dispute relating to these Terms, the Website or the Software, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms, the Website or the Software.
For us to waive a right under these Terms, the waiver must be in writing.
Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 8, 9, 10, 13, 15.2, 15.3 and 16.1, continue in force.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
These Terms set out everything agreed by the parties relating to your use of the Website and the Software and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. Where a separate written services agreement applies under clause 1.3, this clause is subject to that agreement. The parties have not relied on any representation, warranty or agreement relating to the Website or the Software that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.