Conditions of Access and Use
Acknowledgement and acceptance of general terms
Your access to, use of, linking to smartshares.nzx.com (the
Smartshares Site) or use of software is confirmation that you have understood
these general terms and conditions of access and use (Terms) and constitutes
your agreement to be bound by the Terms. Smartshares Limited
reserves the right to amend the Terms at anytime
and users are deemed to be
aware of and bound by the amendments to the Terms upon publication on the Smartshares
Site. Accordingly, we recommend that you review the Terms periodically and
before giving or confirming to Smartshares Limited any information.
Ownership of content on the Smartshares Limited Site
The materials displayed on the Smartshares Site, including without limitation, all real time or other information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Smartshares Site (Content) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Smartshares Site. All rights, title and interest in and to the Content are owned, licensed or controlled by Smartshares Limited or the party credited as the provider of the Content.
Access to and Use of Content on the Smartshares Limited Site
You
may browse the Smartshares Site for your own personal use, information, research,
study and educational purposes only. Smartshares Limited grants to you
a limited non-exclusive license to view, copy and print the Content for your
non-commercial or personal use only. All copies that you make must retain all
copyright and other notices that are on the version on the Smartshares Site.
Except as provided in the previous sentence or as otherwise agreed in writing
with Smartshares Limited , you may not copy, store (either in hard copy
or in an electronic retrieval system), use, modify, transmit, revise, reverse
engineer, publish, perform, broadcast, reproduce, post, display or create a
derivative work from, distribute, sell, license, rent, lease or otherwise transfer
any of the Content to a third party (including, without limitation, in your
company or organisation) for commercial use or otherwise without Smartshares Limited ’s prior written permission. All requests for such permission regarding the Content must be in writing and should be sent to: New Zealand Exchange Limited,
Level 9, ASB Tower, 2 Hunter Street, Wellington, New Zealand.
Nothing shall be construed as granting to you any licence under any patent, trademark or copyright of Smartshares Limited or any third party.
You must not use the Smartshares Site or the Content in any manner or for
any purpose which is unlawful or in any manner which violates any right of
Smartshares Limited or which is otherwise prohibited by the Terms. Under no circumstances
may the Content be used to establish, maintain or provide, or assist in establishing,
maintaining or providing a securities market (other than one authorised by
law) for trading of securities.
Access outside New Zealand
The Smartshares Site can be accessed from other countries around the world and
may contain references to Smartshares Limited products, services and programs that have not
been announced in those countries. These references do not imply that Smartshares Limited
intends to announce or offer such products, services or programs in those countries.
Smartshares Limited makes no representation that materials on the Smartshares Site are
appropriate or available for use in other countries, and accessing them from
other countries or territories where their content is illegal is prohibited.
If you choose to access the Smartshares Site from other countries you do so
on your own initiative and you are solely responsible for compliance with local
laws. This does not constitute an offer of securities in any jurisdiction other
than New Zealand.
Disclaimer
The Content on the Smartshares Site is derived
from sources believed to be accurate and current as at the date indicated by
reference to the "last reviewed" date indicated in the respective
sections of the Smartshares Site. However, due to the number of sources from
which content may be obtained and the inherent hazards of electronic distribution,
Smartshares Limited and its directors, officers, agents, employees or
contractors do not:
- give any representation or warranty as to the reliability, accuracy or completeness of the Content; or
- warrant that any of the functions contained in the Content or your access to the Smartshares Site will be uninterrupted or error-free.
Neither Smartshares Limited , its subsidiary companies, nor their officers, employees and agents shall, under any circumstances, be liable in any way for any loss or direct, consequential, incidental, indirect or special damages, of any kind or any other damages howsoever arising (whether in negligence or otherwise) out of or in connection with the content and/or any omissions from the content, including, without limitation, those arising from:
- any decision made or action taken by you in reliance upon the content;
- loss of use, data or profits, whether arising from use of or inability to use any content on the Smartshares Site (or any web site linked to the Smartshares Site);
- contingencies outside the control of Smartshares Limited , its subsidiary companies, their officers, employees or agents;
- negligence of Smartshares Limited , its subsidiary companies, their officers, employees or agents in procuring, compiling, interpreting, editing, writing, reporting or delivering any content; or
- any other cause,
except where liability is made non-excludable by legislation. Any clause, or part thereof, declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder.
In the case of goods or services supplied or offered by Smartshares Limited , its subsidiary companies and their officers, employees and agents, liability for breach of any implied warranty or condition which cannot be excluded is limited at Smartshares Limited ’s option to either:
- the supply of the goods (or equivalent goods) or services again; or
- the payment of the cost of having the goods (or equivalent goods) or services supplied again.
Indemnity
You must indemnify and hold harmless Smartshares Limited , its subsidiary companies and their officers, employees and
agents and keep them indemnified, from and against all loss, actions, proceedings,
costs, expenses (including legal fees), claims and damages incurred or suffered
by any of them arising from:
- any breach by you of the Terms;
- reliance by you on any information obtained through the Smartshares Site;
- your access and/or use of the Smartshares Site; and
- reliance upon, or use of, any Content by any person accessing any Content from your computer systems.
Not Investment Advice
The content on the Smartshares Site provides general information only. It is not intended as investment advice and must not be relied upon as such. You should obtain professional investment advice tailored to your specific circumstances and needs prior to making any investment decisions.
Advertising and links to other web sites
The Smartshares Site contains links to third party web sites. These linked web sites are not under the control of Smartshares Limited , and Smartshares Limited is not responsible for the contents of any linked web site or any hyperlink contained in a linked web site. Smartshares Limited has in no way been involved with developing or reviewing the content on linked web sites. Smartshares Limited provides these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked web site by Smartshares Limited or its employees nor does it imply any responsibility for the content or uses of such linked web sites. Smartshares Limited provides no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered by a third party, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on those linked web sites or the timeliness of any electronic content. You link to any such linked web site entirely at your own risk.
Where the Smartshares Site contains third party advertisements, including banner advertising, third party logos and information, materials and documents relating to or provided by third parties (Third Party Material), the Third Party Material may contain embedded hyperlinks to web sites operated by third parties or their licensees or contractors. Neither Smartshares Limited nor its employees recommend or endorse the products or services of those third parties. In some instances, the Third Party Material will contain representations or offers by the third party which you can accept by linking to the third party’s web site and executing the relevant transaction. Such offers are not made by Smartshares Limited or its employees, and the third party is solely responsible to you for the delivery of any goods or services you purchase on the third party web site.
Smartshares Limited prohibits caching, unauthorised hypertext links to the Smartshares Site and the framing of any Content available through the Smartshares Site without Smartshares Limited’s prior written consent. Smartshares Limited reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other web site reached by links to or from the Smartshares Limited Site.
Violations of the Terms
Smartshares Limited reserves the right to seek all remedies available at law and in equity for violations of the Terms, including, without limitation, the right to block access from a particular internet address to the Smartshares Site.
Governing Law
The Smartshares Site (but not linked sites) is controlled by Smartshares Limited from its offices in Wellington, New Zealand. By accessing the Smartshares Site, you and Smartshares Limited agree that all matters relating to your access to, or use of, the Smartshares Site shall be governed by, construed and enforced in accordance with the laws of New Zealand, without regard to the conflicts of law principles hereof. Any dispute arising from or in connection with these Terms are subject to the exclusive jurisdiction of the courts of New Zealand.
