Each time you access or use the Portal, you acknowledge that you have read, understood, and accepted these terms and conditions and agree to be bound by them in respect of your use of the Portal. Nikko AM NZ may change these terms and conditions from time to time. Nikko AM NZ last revised these terms and conditions on 31 May 2018.
These terms and conditions provide information about the Portal, the services provided by Nikko AM NZ through the Portal, and your responsibilities in accessing and using the Portal. It is important that you read and understand these terms before using the Portal.
These terms and conditions are in addition to any other agreement you may have in place with Nikko AM NZ or its related companies relating to the provision of services to you. The terms, conditions and disclaimers included in those agreements will apply equally to any information, data or reports you obtain through use of the Portal. If there is any conflict or inconsistency between these terms and the other agreements, the terms of those other agreements will prevail to the extent of that conflict or inconsistency.
Nikko AM NZ’s privacy statement found on its website here will apply to any of your personal information that is collected, disclosed and/or used by Nikko AM NZ through the Portal.
Access and use
- You will notify Nikko AM NZ in writing if you want your access to the Portal suspended or cancelled at any time.
- Access to all or part of the Portal may be temporarily unavailable during scheduled maintenance periods as notified to you on the Portal ahead of time.
- Your use of the Portal may be interrupted, varied, suspended or cancelled by Nikko AM NZ at any time without notice.
- Nikko AM NZ may change the format and content of the Portal and the services offered through the Portal at any time.
- The Portal may contain links to web sites controlled by third parties. Nikko AM NZ 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 websites.
- You must ensure that your access to the 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 Portal does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Nikko AM NZ does not accept responsibility for any interference or damage to a computer system which arises in connection with your use of the Portal, this web site or any linked web site.
- The parties acknowledge and agree that, notwithstanding termination of your access to, and use of, the Portal, all provisions under these terms and conditions that are intended to survive any such termination, shall survive that termination.
- If you provide your email address to Nikko AM NZ, you consent to receiving electronic communications (including email) from Nikko AM NZ about the Portal and any additional products and/or services that may be of interest to you.
- You may unsubscribe from receiving electronic communications from Nikko AM NZ at any time by contacting Nikko AM and requesting that you be unsubscribed from the relevant electronic communication.
- You agree, pursuant to section 11(2) of the Unsolicited Electronic Message Act 2007, that the requirement to send any electronic communication with a functional unsubscribe facility does not apply as between you and Nikko AM NZ.
Disclaimer and Limitation of liability
- The Portal is provided to you as is, and except to the extent required by law, Nikko AM NZ makes no representations or warranties, express or implied, that the Portal is fault free or as to the continuity, accessibility, reliability or efficiency of the Portal prior to, during or after your acceptance of these terms and conditions, or the suitability of the Portal to your needs or the particular functionality of the Portal and will accept no responsibility arising in any way (including for negligence) for errors in, and omissions or otherwise for any loss or damage of any kind at all (including consequential loss) arising directly or indirectly out of the provision or use of, or inability to use the Portal. You may use the Portal at your own risk and solely in reliance on your own judgment and not upon any warranty or representation made by Nikko AM NZ.
- Nikko AM NZ shall not be liable for any direct or indirect costs, losses, damages or other liabilities incurred or suffered under these terms and conditions, even if Nikko AM NZ is advised of the possibility of, or could reasonably expect, such liability, including where such liability arises from or in connection with:
- your breach or failure to comply with these terms and conditions;
- your use of the Portal;
- any delay or loss of access to, or use of the Portal at any time (including as a result of any scheduled downtime for maintenance and upgrades, or issues with third party service providers);
- any fault or error in the design, content or engineering of the Portal;
- malfunction of any equipment or system, or any telecommunications link failure;
- any computer viruses; or
- any cause or event beyond Nikko AM NZ’s reasonable control.
- To the extent permitted by law, any liability under any condition or warranty that cannot be excluded is limited at Nikko AM NZ’s option, to the re-supply of the services or payment for that re-supply.
Governing law and jurisdiction
- These terms and conditions are governed by New Zealand law and are subject to the exclusive jurisdiction of the New Zealand courts.
- To the fullest extent permitted by law, Nikko AM NZ accepts no responsibility for the compliance of the Portal or the information contained in it with the laws of any country other than New Zealand.