Terms and Conditions
Acceptance of Terms and Conditions
By accessing the Investor Portal you acknowledge and agree that you have read and understood these terms and conditions and that you agree to be bound by them in respect of your use of the Investor Portal:
Authority to register member and amend member details
1. By accessing and using the Investor Portal you warrant that you are either the account holder, one of the joint account holders or a duly authorised officer, representative or attorney of the account holder and that you have the authority to register the account holder and their portfolio with the Investor Portal and/or access the member's details through the Investor Portal.
2. If you add to, alter, amend or delete any of the member's details available in the Investor Portal, you warrant that you have the authority of the member to do so.
3. If your authority is under a power of attorney, you warrant that the relevant power of attorney or a certified copy of it has been previously provided to Link ("Link").
Content and use of Investor Portal
4. Link grants you a limited, non-exclusive license to:
1. access and use the Investor Portal to access, view, copy and print information concerning your holdings; and
2. view, copy and print the content of the Investor Portal, for your non-commercial or personal use only.
5. The Investor Portal contains a summary of information obtained from various third parties or provided by you. Link makes no representation or warranty as to the accuracy or reliability of the information in the Investor Portal, which is derived from third parties.
6. In submitting information to the Investor Portal you agree to the use of that information by Link including, where necessary, the transfer of the information to the relevant third parties or to the extent required by law, to any government department or authority.
7. The Investor Portal may contain links to web sites controlled by third parties. Link does not endorse the content of any third party web sites and disclaims any liability for any information, materials, products or services posted or offered on those web sites.
8. The information contained in the Investor Portal is for your personal use and may not be on-sold. You may not distribute any information in the Investor Portal other than to your professional advisers for the purpose of obtaining advice in relation to your holdings. You may print or retain any electronic copies of information in the Investor Portal to the extent necessary to maintain your own records.
9. You must ensure that your access to the Investor Portal is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing the Investor Portal does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Link does not accept responsibility for any interference or damage to a computer system which arises in connection with your use of this web site or any linked web site.
10. Unless indicated otherwise, all figures quoted in the Investor Portal are in New Zealand dollars.
Copyright and Trademarks
11. All intellectual property (including all copyright, logos, trademarks and service marks) in this web site (including text, graphics, logos, icons, sound recordings and software, other than scheme provider’s trademarks or publications) is owned by, licensed to or controlled by Link. Other than as expressly provided for in these terms and conditions, you may not in any form or by any means:
1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Investor Portal or its software; or
2. commercialise any information, products, software or services obtained from any part of the Investor Portal without our express written permission.
12. You must not attempt to access the software or computer systems supporting the Investor Portal.
13. Nothing displayed in the Investor Portal should be interpreted as granting you any right to use or distribute any copyright, names, logos, trademarks or service marks.
Privacy Policy
14. By accessing and using the Investor Portal, you acknowledge that you have read and consented to the terms of Link’s Privacy Policy, as amended from time to time, and that you have consented to the use of personal information in the manner described in that policy.
Security of Login Details
15. You agree that you are responsible for the security of your login details and that you must keep it safe and not disclose it to any other person nor should you keep a written or electronic record of your password.
16. You agree that the login details constitute your signature for the purpose of approving any amendments to your member details for the Investor Portal, and that Link is entitled to rely on the authenticity of your login details being supplied to access the Investors Portal. When the correct login details are provided you acknowledge that Link may act, and rely on, any instruction given without the need for further enquiry. Any instruction received by Link from a user using your email address and/ or login details shall be unconditional, irrevocable and will be binding on you.
Security of Information
17. Link does not warrant and cannot ensure the security of any information which you transmit to the Investor Portal. Any information which you transmit is transmitted at your own risk. Once your transmission is received, the information it contains will be recorded and maintained in accordance with Link’s Privacy Policy.
Amendment and Termination
18. Link Market Services may, in its sole discretion, amend these terms and conditions from time to time. Amendments will be effective immediately upon their publication in the Investor Portal. Your use of the Investor Portal or continuation of your registration with the Investor Portal following the publication will constitute your agreement to be bound by the terms and conditions, as amended. Accordingly, we recommend that you review the Terms and Conditions periodically as well as prior to submitting or confirming the details of any personal information.
19. Your access to the Investor Portal may be terminated at any time by Link, or by you.
20. It is acknowledged and agreed that, notwithstanding the termination of your access to, and use of, the Investor Portal, the terms of clauses 4(b), 5, 8, 11, 13 and 20-25, and all other provisions that are impliedly intended to survive any such termination, shall survive such termination.
Acknowledgement of no financial advice or offer of securities
21. The Investor Portal does not contain investment advice and you should consult an independent legal, financial or other adviser to help form your own opinion on any investment decision. You should also consult appropriate professional advisers on any legal, taxation and accounting implications of your investments or any changes you make to your member details in the Investor Portal.
22. No statement in this Investor Portal constitutes a recommendation, offer or invitation to invest in any investments, securities or financial products of any party.
Accuracy of Information
23. You acknowledge and agree that you are responsible for all information submitted to Link via the Investor Portal and that Link Market Services is entitled to rely on the accuracy of that information and is under no obligation to verify the accuracy, or otherwise, of any information.
24. You agree to hold harmless, and indemnify Link for any loss suffered or incurred, direct or indirect, as a result of the reliance by Link of information that you, or any of your nominated representatives, have provided to it.
Disclaimer and Limitation of Liability
25. Except for warranties that cannot be excluded by law, no warranty either express or implied is given by Link in respect to the Investor Portal or any service provided in the Investor Portal.
26. To the extent permitted by law, in no event will Link be liable for any loss or damages, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with the Investor Portal or your use of or inability to use the Investor Portal, including without limitation any errors or omissions in information contained in the Investor Portal, any delays or errors in the processing of information you submit to the Investor Portal or from computer viruses, even if Link is advised of the possibility of, or could reasonably expect, such damages, losses or expenses. To the extent permitted by law, any liability under any condition or warranty that cannot be excluded is limited at Link’s option, to the re-supply of the services or payment for the same to Link Market Services client.
Indemnity
27. You indemnify Link and its directors, officers, employees and contractors from any loss or damages including without limitation direct or indirect, special, incidental or consequential damages and legal costs on a full indemnity basis arising from your breach of these terms and conditions.
Governing Law
28. These terms and conditions are governed by the laws in force in New Zealand and you irrevocably submit to the exclusive jurisdiction of the Courts of New Zealand.