IMPORTANT NOTICE: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THEM AND THAT YOU AGREE TO BE BOUND BY THEM.
1 Owner of Website -This website ("Website") is owned by NZForex Limited (CN: 2514293) ("NZForex"). The Website consists of public areas ("Public Area") with unrestricted access and private areas ("Private Area") with restricted access. Any reference to the Website is intended to apply to both areas.
2 The Website -The Public Area of the Websiteprovides information about the mechanics of foreign exchange transactions and current information about exchange rates. The Private Area allows you to book transactions, enter beneficiary account details and access information about your account online (collectively "the Services"). You may also obtain some or all of the Services by telephone or email, in which case these terms and conditions will also apply to the extent that they are relevant. Any Services provided to you will be provided only pursuant to NZForex's standard client agreement which you must agree to in addition to this agreement and prior to the provision of any such Services.
3 Access to Private Area with Username and Password -Upon registration, you will be able to obtain a username and password with unlimited or prescribed levels of authority in order to enable you and your authorised representatives to access the Private Area of the Website and use the Services. You accept these terms and conditions of use each time the Private Area is accessed by anybody using your username and password. NZForex will not check the identity of the user every time the username and password are used. It is your responsibility to ensure the security of your username and password. NZForex will be entitled to assume that anybody who uses the username and password has your full authority to do so and accepts no responsibility for misuse or unauthorised access, other than in circumstances where the use has been by employees of NZForex or where you have notified NZForex of termination in accordance with this Agreement.
4 Legitimate Use -You agree to use the Website only for legitimate purposes. You agree not to interfere with, damage (or attempt to interfere with or damage) or reverse-engineer any code, data or software on or associated with the Website. You agree to access the Private Area only in accordance with the terms of any client agreement you enter into with NZForex.
5 Ownership of Information on the Website -The copyright in the Website (including design and contents) and all associated material is the property of NZForex or third parties from whom the material has been licensed. By accessing or using the Website, NZForex grants you a limited licence to view and otherwise access content on the Website, but you are not authorised to use, alter, copy or distribute such content, trademarks or logos or source code for any other purposes, including reverse engineering or copying that content or source code, unless otherwise specified. All other rights are reserved, and, except as outlined in this agreement or as otherwise permitted by the Copyright Act 1994, no part of the Website and associated material may be reproduced or published in any form or by any means, electronic or mechanical, including photocopying, recording, or by information storage or retrieval system, without the prior written permission of NZForex.
6 Use of Information on the Website -The information, including any charts, graphs and models, ("Information") on this Website has been obtained from sources believed to be reliable and has been prepared in good faith and with all reasonable care. However, to the fullest extent permitted by law, NZForex makes no warranty, express or implied, concerning the suitability, completeness, quality or exactness of the Information. To the fullest extent permitted by law, neither NZForex, nor any of its providers of information, assume any liability to you, or to any other third party, for the accuracy of the Information or for any errors or omissions therein, nor will NZForex or any of its providers of information have any liability for the use, interpretation or implementation of the Information. Use of Information and content contained on the Website is at your own risk. The content provided on the Website has not been prepared by taking into account the particular objectives, situation or needs of any individual users.
7 Accuracy of Information on the Website - By providing the Information on this Website, NZForex undertakes no obligation to update the Information. Forecasts, opinions or strategies herein are based on assumptions, market conditions and available information at the time of writing and may change without notice. In particular, currency converter rates are updated where possible on a daily basis, but users should be aware that, for many exchange rates, daily data is not readily available and so rates may be significantly out of date. These rates are a guide only, so visitors to the Website should consult their financial institution to obtain actual rates of exchange.
8 No Financial Advice - The Information contained in this Website does not constitute investment or financial advice, and nothing relating to the provision of the information herein shall be construed as creating a fiduciary, financial or other advisory relationship between NZForex and the user or any other third party. Any comments or statements made are not a recommendation or opinion that a particular course of action is suitable for you and should not be regarded as financial advice or an investment planning service. Before making any investment decision on the basis of any reports or information provided, you must read any relevant disclosure document and make your own investigations regarding the accuracy, reliability and completeness of this information. You should also seek expert professional advice about the offer in light of your particular current or future financial situation and particular investment needs. We will not take into account your current financial or future financial situation or investment needs.
9 No Liability for Delays or Technical Problems -Subject to any conditions and warranties implied by legislation, to the fullest extent permitted by law, NZForex excludes liability for any delay, interruption or unavailability of the Website.
10 Access to the Website -NZForex will use all reasonable efforts to provide access to the Website at all reasonable times, but cannot guarantee that such access will never be interrupted as a result of technical or other unforeseen problems. NZForex reserves the right to suspend or terminate access to the Private Area at any time and without prior notice.
11 Termination of Access to Website - You may terminate your access to the Private Area of the Website at any time by giving us 48 hours written notice by email of your intention to change or terminate your username and password. In the event that you suspect that any person has gained access to your username and password without your authorisation, you should contact us immediately on the telephone number on this Website.
12 Account Records in the Private Area -You should check your account records carefully and promptly report to us as soon as you become aware of any payments that you think are errors or are payments that you did not authorise or you think were made by someone else without your permission.
13 Errors or Mistakes in the Private Area -You must notify us promptly if you become aware that you have made a mistake while booking a transaction online or if you become aware of any delays or mistakes in processing your transactions on the part of NZForex.
14 Fee Disclosure -NZForex may receive fees for advertising on the Website and in any email newsletters that might be sent to you. NZForex may have a financial interest in the outcome or success of the offers of financial products mentioned in this Website.
15 Indemnity by You -You agree to indemnify NZForex and its officers, employees and agents in respect of any loss, damage, cost or expense which NZForex or they may sustain or incur arising from or related to the improper use of the Website by you or your authorised representatives.
16 External Links -The Website may contain links to other websites which are not maintained or controlled by NZForex ("Third Party Site"). NZForex makes no representations or warranties whatsoever about any Third Party Site. The Website provides these links as a convenience only. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site. NZForex accepts no responsibility for the content or use of any third party site. If you link to any third party site, you leave the Website and do so entirely at your own risk. NZForex will not be liable for any loss or damage (whether direct, indirect or otherwise) suffered by you from accessing, using, relying on or trading with third parties in connection with Third Party Sites.
17 Links to the NZForex Website and Framing -NZForex reserve the right to prohibit links to the Website and you agree to remove or cease any link upon our request. You may not frame any part of the Website content by including advertising or other revenue generating material.
18 Advertising -Any dealings with any advertiser appearing on the Website are solely between you and the advertiser or other third party. To the fullest extent permitted by law, NZForex is not responsible or liable for any part of any of those dealings.
19 Security -NZForex employs secure encryption technology, but cannot guarantee that the Website will always be free of viruses or bugs or that any communication between you and the Website is secure from interception by third parties.
20 Alterations to the Website - NZForex reserves the right to alter without notice the content, appearance and Services offered on the Website, and change this agreement at any time by notifying users of the existence of the amended agreement through the Website (and by continuing to access the Website, you agree to be bound by the amended agreement), provided always that, in the event of any inconsistency, the terms of the client agreement that you enter into with NZForex shall prevail.
(a) the information collected by NZForex may include personal information:
(i) provided by you through registration on the Website or your use of the services or the Website;
(ii) provided to it by you through any other method (including correspondence and discussions); and
(iii) collected by us through click tracking in relation to your use of the Website including the content you access and any services you utilise; and
(b) the personal information you provide may be used:
(i) for verification of your identity;
(ii) to assist in providing better services to you by tailoring them to meet your needs;
(iii) to provide you with further information about us or other websites or goods or services offered by us or our related companies or which we consider may be of interest to you;
(iv) to carry out marketing, promotional and publicity purposes including direct marketing, market research and surveys;
(v) to keep the Website relevant and of interest to users;
(vi) to show you advertising and information that is most relevant to you and your interests;
(vii) for analysis in aggregate form (identifiable characteristics removed so that you will remain anonymous); and
(viii) for any other purpose which is stated to you at the time of collection or that you otherwise authorise.
22 No Relationship -This agreement will not be deemed to create a partnership, joint venture, agency or employment relationship of any kind between NZForex and you.
23 General -If at any time NZForex does not enforce any of the terms or conditions of this agreement or grant you time or other indulgence, we will not be construed as having waived that term or condition or NZForex's rights to later enforce that or any other term of the agreement. Further, if any part or provision of this agreement 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 or provision. The remaining terms and conditions of this agreement will be binding on the parties.
24 Jurisdiction - This agreement is governed by and will be construed in accordance with the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.