You agree that your use of this website indicates your acceptance of this Policy and that you authorise us and our related organisations to collect, use and share your information as outlined in this Policy.
- The website accessible via the URL [http://www.goalsgetter.co.nz] ("Site") is operated by Nikko Asset Management New Zealand Limited, a company incorporated and existing under the laws of New Zealand whose registered office is at Level 17, Vero Centre, 48 Shortland Street, Auckland 1010, New Zealand (“Nikko AM NZ”, "we", "our" or "us"). We are regulated in New Zealand by the Financial Markets Authority, registered as a Financial Service Provider (FSP Number: FSP22562) and are a licensed Managed Investment Scheme Manager (granted 6 March 2015).
- All material on the Site is for information only and does not address the circumstances of any particular individual. The information contained on this website has been prepared under New Zealand law for the supply of these products and services in New Zealand only.
- The information is designed to provide general information for New Zealanders only and does not take into account any individual particular circumstances. It is not intended to provide comprehensive or specific investment advice. You should not solely rely on the information contained in this website when making investment decisions and you should obtain professional advice on your individual requirements before making an investment decision. Potential investors also should consult the relevant Product Disclosure Statements.
- The information on the Site is not intended to be comprehensive or complete, may not be up-to-date and should not be relied on as such. We do not assume or accept any responsibility or liability in relation to either the availability of the Site or the information on it. All information is provided "as is", without any warranties of any kind and at your sole risk. We make no representations and disclaim all express and implied warranties and conditions of any kind in relation to information on the Site.
- To the extent permitted by law none of the scheme supervisor(s), Nikko AM NZ or any of its related companies, or any of their directors or employees accept any liability for the reliance of any person on information contained on this website.
- The information, material and content provided within the Site may be changed at any time without notice. We may also make changes to these terms and conditions at any time without notice by updating these pages. You should review this section of the Site whenever you access the Site and your continued access to or use of the Site shall constitute proof of such review and your agreement to the latest published version of these terms and conditions.
- You may be unable to log on to our secure services without accepting our cookies. To improve our website(s), we may use patterns and other meaningful information gathered from web analytics tools (including ‘cookies’ and Google Analytics) to measure your usage of our website(s). This may include traffic to, from and within our website(s), your click through activity, your IP address, and other personal information that you voluntarily enter into the website(s). All information collated by these web analytics tools is to help us better understand usage of our 100264234/6249508.1 2 website(s). No individual visitors are identified, and no information is collected that is identifiable to individuals from these tools.
These terms and conditions govern the use of the nikkofundsapi.mmcnz.co.nz online portal (Portal) by each user (you), as provided and as authorised by Nikko Asset Management New Zealand Limited (Nikko AM NZ).
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.
- You acknowledge that access to the Portal is provided by entering your user name and password (Credentials). You must at all times do everything necessary to keep your Credentials confidential and to protect your Credentials from disclosure to any other person, which includes:
- taking all reasonable steps to avoid being observed when entering your Credentials;
- not leaving your computer unattended when signing on to the Portal;
- not giving your Credentials to anyone; and
- not keep a written or electronic record of your Credentials.
- You acknowledge that you will use reasonable endeavours to safeguard your Credentials and any other of your online personal and product information in the Portal, including by using up-to-date Internet security software and operating system updates.
- Any action or request made by the user of your Credentials (Instruction) will be deemed to have been made by you. You will be responsible for all Instructions and any consequential transactions using your Credentials whether authorised by you or not. Nikko AM NZ shall not be liable for acting on an Instruction.
- You must not attempt to access any information that does not relate to you and you must notify Nikko AM NZ immediately if you become aware of any such unauthorised access or attempted access of that information or the Portal.
- You must notify Nikko AM NZ immediately if you become aware or suspect that your password has been stolen, lost or forgotten. A new password will be provided to you.
- Upon request by Nikko AM NZ for any reason, you must immediately change your password.
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.
Portal data and information
- The data that is displayed on the Portal is subject to the disclaimers set out in the relevant report or on the relevant screen in the Portal. Nikko AM NZ expressly disclaims all warranties (either express or implied) regarding reliability, timeliness, completeness or accuracy of the information that is available on the Portal at any particular time.
- ‘Cookies’ are placed in the browser file to enable the Portal to remember pieces of information between pages or visits. You can change your cookie settings for the Portal at any time if you do not wish to receive cookies on the Portal.
- You must not give, on-sell or make available, to another person any data or information (whether electronic or otherwise) from the Portal without Nikko AM NZ’s written permission.
- You acknowledge and agree that you are responsible for all information submitted by you to the Portal and that Nikko AM NZ is entitled to rely on the accuracy of that information and is under no obligation to verify the accuracy, or otherwise, of any information.
- Nikko AM NZ does not warrant and cannot ensure the security of any information which you transmit to the Portal. Any information which you transmit is transmitted at your own risk.
- 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.
- Except where otherwise stated, the intellectual property rights relating to the Portal will vest in, belong to and remain the property of Nikko AM NZ or its licensor(s). The granting of access to the Portal by Nikko AM NZ does not create or imply a licence or permit you to reproduce, download, transmit and/or distribute this content in any form or by any means other than as permitted under these terms and conditions or as authorised in writing by Nikko AM NZ. All rights are reserved.
- You may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Portal or its software; or
- commercialise any information, products, software or services obtained from any part of the Portal without Nikko AM NZ’s express written permission.
- You must not attempt to access the software or computer systems supporting the Portal.
- Nothing displayed in the Portal should be interpreted as granting you any right to use or distribute any copyright, names, logos, trademarks or service marks.
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.
- You agree to indemnify Nikko AM NZ and its directors, officers, employees and contractors from and against all loss, damage, injury and expenses, (including legal expenses on a full indemnity basis) arising either directly or indirectly from:
- a breach by you of these terms and conditions;
- Nikko AM’s reliance on any information you have provided or submitted to the Portal; or
- your fraud, negligence or wilful misconduct.
- If any provision of these terms and conditions is unlawful, void or unenforceable for any reason, then if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are severed or in any other case the provision is severed and the rest of these terms and conditions will continue to be legal and enforceable.
- If Nikko AM NZ does not exercise or enforce any right available to it under these terms and conditions or otherwise arising at law or in equity, this will not constitute a waiver of those rights.
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.