Terms & Conditions of Use

Acceptance of Terms and Conditions


By accessing the Investor Centre 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 Centre:

Authority to register security holder and amend security holder details

  1. By accessing and using the Investor Centre you warrant that you are either the security holder, one of the joint security holders or a duly authorised officer, representative or attorney of the security holder and that you have the authority to register the security holder and their portfolio with the Investor Centre and/or access the security holder’s details through the Investor Centre.
  2. If you add to, alter, amend or delete any of the security holder’s details available in the Investor Centre, you warrant that you have the authority of the security holder 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 Centre

  1. Link grants you a limited, non-exclusive license to:
    1. access and use the Investor Centre to access, view, copy and print information concerning your holdings; and
    2. view, copy and print the content of the Investor Centre, for your non-commercial or personal use only.
  2. The Investor Centre 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 Centre.
  3. In submitting information to the Investor Centre you agree to the use of that information by Link including, where necessary, the transfer of the information to the relevant issuer or to the extent required by law, to any government department or authority.
  4. The Investor Centre 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.
  5. The information contained in the Investor Centre is for your personal use and may not be on-sold. You may not distribute any information in the Investor Centre other than to your professional advisers for the purpose of obtaining advice in relation to your security holdings. You may print or retain any electronic copies of information in the Investor Centre to the extent necessary to maintain your own taxation records.
  6. You must ensure that your access to the Investor Centre 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 Centre 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.
  7. Unless indicated otherwise, all figures quoted in the Investor Centre are in New Zealand dollars.

Copyright and Trademarks

  1. 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 issuer’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 Centre or its software; or
    2. b. commercialise any information, products, software or services obtained from any part of the Investor Centre without our express written permission.
  2. You must not attempt to access the software or computer systems supporting the Investor Centre.
  3. Nothing displayed in the Investor Centre should be interpreted as granting you any right to use or distribute any copyright, names, logos, trademarks or service marks.

Privacy Policy

  1. By accessing and using the Investor Centre, 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

  1. 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.
  2. You agree that the login details constitute your signature for the purpose of approving any amendments to your security holder details for the Investor Centre, and that Link is entitled to rely on the authenticity of your login details being supplied to access the Investors Centre. 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

  1. Link does not warrant and cannot ensure the security of any information which you transmit to the Investor Centre. 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

  1. 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 Centre. Your use of the Investor Centre or continuation of your registration with the Investor Centre 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.
  2. Your access to the Investor Centre may be terminated at any time by Link, or by you.
  3. It is acknowledged and agreed that, notwithstanding the termination of your access to, and use of, the Investor Centre, 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

  1. The Investor Centre 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 security holder details in the Investor Centre.
  2. No statement in this Investor Centre constitutes a recommendation, offer or invitation to invest in any investments, securities or financial products of any party.

Accuracy of Information

  1. You acknowledge and agree that you are responsible for all information submitted to Link via the Investor Centre 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.
  2. 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

  1. Except for warranties that cannot be excluded by law, no warranty either express or implied is given by Link in respect to the Investor Centre or any service provided in the Investor Centre.
  2. 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 Centre or your use of or inability to use the Investor Centre, including without limitation any errors or omissions in information contained in the Investor Centre, any delays or errors in the processing of information you submit to the Investor Centre 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

  1. 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

  1. 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.