Kalkine Media New Zealand Limited

General Terms and Conditions

Updated date: 24/09/2021

General

This website www.kalkinemedia.com/nz (Website), our related mobile or software application and all associated pages of the Website are operated by Kalkine Media New Zealand Limited, Company Number 8107196 and NZBN 9429018590709 (Kalkine Media).

If you have any questions relating to these Terms and Conditions (Terms), please send an email to [email protected], or phone +64 98862886.  Alternatively, you can write to us at: Office No: 3333, Level 33, ANZ Centre, 23-29 Albert Street, Auckland 1010.

Disclaimer

Kalkine New Zealand Limited (NZBN: 9429047678101), Kalkine Media and Kalkine Securities New Zealand Limited (NZBN: 9429048616355), are all part of the Kalkine group of companies. By accessing the Website and any portal within the Website, you agree to, and will comply with the Terms, Acceptable Use Policy and any other applicable portal/application terms of use.

The information on this website is general in nature and does not take into account any of your investment objectives, financial situation or needs. You should consider the appropriateness of any advice provided by taking into account your own objectives, financial situation and needs and seek independent financial advice on your personal position before making any financial decisions.

Trading in financial products involves the risk of loss (for example, due to market movements). It is your responsibility to understand the risks of investing and seek financial advice based on your personal circumstances from a financial adviser, as necessary. Not all investments are appropriate for all people.

1              Introduction

• It is important that the user and/or the subscriber (You, Your, the User) carefully reads, understands, and keeps these Terms, along with the Acceptable Use Policy. These Terms and the Acceptable Use Policy outline both the User’s and Kalkine Media’s (we, our) rights, responsibilities, and obligations that may arise when the User operates an account with us, and/or when the User uses the products and services (Kalkine Media Services) we provide.
• The use of all Kalkine Media Services and our related mobile or software application is subject to these Terms and the Acceptable Use Policy.
• By using the Website or our mobile or software application, You agree to be bound by the Terms and the Acceptable Use Policy. By using the Kalkine Media Services, You agree that we may collect, use, and share Your personal information in accordance with the terms of our Privacy Policy.
• Kalkine Media reserves the sole right to amend these Terms from time to time, as deemed appropriate. If we do, the new Terms will be posted on our Website.  We will notify You by email of the new Terms if You have a Kalkine Media account and, unless we reasonably believe that the change is not to Your disadvantage, will provide You with reasonable notice of any changes.  Your subsequent or continued use of the Services and/or receipt of our emails will constitute Your acceptance of any changes.  If You do not accept the updated Terms, You may not be permitted to continue to use the Kalkine Media Services.  As You are bound by these Terms, we recommend that You periodically refer to them.
• Kalkine Media has the right to investigate any breach or complaint about a violation of these Terms. Kalkine Media will take any necessary action to protect itself and may report any unlawful activity to the relevant legal authorities.
• If we determine that a User has breached any of these Terms, or as we see fit in order to protect the security and integrity of Kalkine Media Services, we may terminate a User’s use of Kalkine Media Services at any time with immediate effect without prior notification to the User.
• We may also at any time, by giving notice to the User, decide that we will suspend a User’s access to their account, or that we are no longer going to provide Kalkine Media Services to a User. We are not obliged to give notice to a User if it is impracticable to do so.

2              Opening your account

2.1          To be eligible to open an account and use Kalkine Media Services, You must: (a) be an individual who is at least 18 years old; (b) be capable of entering into a legally binding contract; and (c) have a valid email address and phone number.

2.2          In opening an account, You agree to: (a) provide true, accurate, current, and complete information about Yourself as prompted by the account opening/sign-up form (located on the Website); and (b) maintain and promptly update such information to keep it true, accurate, current, and complete.

2.3          Kalkine Media may, in its absolute discretion, accept or decline to provide any one or more of the Kalkine Media Services You seek to obtain from us, or decline Your application to open an account with us. This may happen if You provide any information that is untrue, fraudulent, not current or incomplete (or if we have reasonable grounds to believe so).

2.4          By completing and submitting an application form to open an account with Kalkine Media, You: (a) authorise Kalkine Media to open an account for You; and (b) acknowledge and agree that You have read and understood all documentation provided to You, including these Terms and the Acceptable Use Policy, the Kalkine Media Privacy Policy, and any and all website disclaimers.

3              User acknowledgements, undertakings, warranties, and responsibilities

3.1          When You acquire Kalkine Media Services from us, it is Your responsibility, unless we notify You in writing otherwise, to:

• Adhere to, and comply with, these Terms;
• Ensure You understand Your rights and obligations and our dispute resolution process before You choose to open Your account with Kalkine Media or use Kalkine Media Services;
• Inform us promptly if You change any of Your personal details (including email address, phone number or name), and make sure that You have no reason to believe that we have not acted on the change;
• Ensure that any and all information provided to us is accurate, authentic, up to date, true and complete and not in any way misleading, or allow the information to be represented to us in a misleading way, in any shape or form;
• Maintain and protect the confidentiality of Your login details, which consists of Your email address and password. In the absence of notice from You that the confidentiality of Your username and password has been compromised, Kalkine Media will be entitled to construe all activity using that password as being actioned by Yourself, and You agree to take responsibility for all actions undertaken whilst accessing the Kalkine Media Services using Your account. We are not responsible for any unauthorised access and use of Your account unless we have failed to take reasonable steps to prevent such unauthorised access or use;
• Confirm that You are at least 18 years old and of sound mind, and legally competent to enter into a contract, and that no steps have been taken, or legal proceedings initiated or threatened against You for Your insolvency; and
• Acknowledge that the Kalkine Media Services are provided to You under these Terms, in reliance on Your representation and warranties, and that these representations and warranties survive during the course of Your relationship with us. Your relationship with Kalkine Media ceases either when Kalkine Media has accepted Your decision to terminate the use of the Kalkine Media Services or upon the end of the period for the relevant Kalkine Media Service.

4              Prohibitions

4.1          You must not misuse our Website or app. You must not:

• commit or encourage a criminal offence;
• transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
• hack into any aspect of the Kalkine Media Services; corrupt data; or cause annoyance to other users;
• infringe upon the rights of any other person;
• send any unsolicited advertising or promotional material, commonly referred to as “spam” including financial promotions under section 9 of the Unsolicited Electronic Messages Act 2007; or
• attempt to affect the performance or functionality of any computer facilities of (or accessed through) our Website.

4.2          Breaching this provision may constitute a criminal offence and Kalkine Media may report any such breach to the relevant law enforcement authorities and disclose Your identity to them, in accordance with our legal obligations.

4.3          We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, mobile device, mobile software, data, or other proprietary material due to Your use of our Website or app or due to Your downloading of any material posted on them or on any linked sites.

5              Content You submit to our Website or app

5.1          By uploading, transmitting, posting, or otherwise making available any content via the Website or app, You:

• grant us an exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, sublicence, edit and exploit the content in any form and for any purpose;
• warrant that You have the right to grant the licence above;
• warrant that the content has not been published previously anywhere in the world or submitted to a third party for publication;
• warrant that the content does not breach intellectual property rights or any other rights of any third party and does not contain defamatory statements; and
• irrevocably consent to us taking any action in respect of the content that You submit that may otherwise infringe Your moral rights (as defined by the Copyright Act 1994 and Copyright (General Matters) Regulations 1995) and You waive all rights to make any claim against us which You may have in respect of the content You submit.

5.2          We reserve the right to review, modify, reformat, reject, or remove any content which You upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, has the potential to harm, endanger or violate the rights of any person.

5.3          Kalkine Media is not responsible for the content uploaded by Users of our Website or app, its accuracy, or its conformity to applicable laws. You will indemnify and hold Kalkine Media harmless against all third-party claims, demands and actions brought against Kalkine Media which arise from or relate to the content submitted by You.

6              Access to information and Kalkine Media Services

6.1          You will have access to the Kalkine Media Services You are subscribed to.

6.2          You must notify us promptly if Your account information is compromised, or You become aware of any unauthorised use of Your account.

7              Intellectual Property

7.1          All material published as part of the Kalkine Media Services is owned or provided under licence by Kalkine Media. Kalkine Media content is intended for individual, non-commercial use only. No content can be copied, reproduced, distributed, or disclosed without our prior written permission.

7.2          All other content (including all features, software, graphics, design, code, compilation of User content, aggregate reviews, and ratings), and all other components of the Kalkine Media Services remain the property of Kalkine Media and/or its licensors. Kalkine Media solely owns and shall retain, all rights, title, and interest in all intellectual property including without limitation, trademarks, service marks, logos, trade names, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship and confidential information.

7.3          No right, title or interest in or to the Kalkine Media Services or any content on the Kalkine Media Services is transferred to You, and all rights not expressly granted, are reserved by Kalkine Media.

7.4          You must not:

• systematically copy (including, but not limited to, downloading in soft copy, storing on drives, or printing in hard copy) substantial parts of the Kalkine Media Services.
• Remove, change, or obscure in any way anything that makes up the Kalkine Media Services or otherwise use any material contained in the Kalkine Media Service except as set out in these Terms.
• reproduce, retransmit, disseminate, sell, publish, broadcast, or distribute any part of the Kalkine Media Services to be used in connection with creating, promoting, trading, marketing investment products or other media content without the express written consent of Kalkine Media or its information providers; and
• use the Kalkine Media Services or content therein for unlawful purposes, and You shall comply with all applicable laws, statutes, and regulations at all times.

8              Disclaimer in relation to information accuracy

8.1          The content of the Kalkine Media Services has been prepared using a wide variety of sources, which Kalkine Media, to the best of its knowledge and belief, considers accurate. However, Kalkine Media makes no warranty as to the completeness or accuracy of the sources and information used to prepare the content in the Kalkine Media Services.

8.2          All information represents our views at the date of publication and may change without notice. Please note that past performance is neither an indicator nor a guarantee of future performance.

9              Third Party Services and Affiliated Websites

9.1          Kalkine Media may provide tools through the Kalkine Media Service that enable you to export information, including user content, to third party services. By using one of these tools, you agree that Kalkine Media may transfer that information to the applicable third-party service.

9.2          Third party services are not under Kalkine Media’s control, and, to the fullest extent permitted by law, Kalkine Media is not responsible for any third-party service’s use of Your information. Kalkine Media Service may contain links to third party websites. Linked websites are not under Kalkine Media’s control, and Kalkine Media is not responsible for their content.

10           Advertising/sponsorship and guest post

10.1        Parts of the Website and app contain advertising and material provided by sponsors. Advertisers and sponsors are solely responsible for ensuring that material submitted by them for inclusion on the Website or app is compliant with all legal and regulatory requirements and does not contain any material which is objectionable including, without limitation, any information which is defamatory, obscene, threatening, or untrue.

10.2        We shall not be responsible for any such material, or any error or inaccuracy contained in such material and any issues should be raised directly with the relevant advertiser or sponsor.

10.3        Opinions and other statements expressed by Users and third parties (e.g., experts, bloggers, and guest posters) are theirs alone and are not opinions of Kalkine Media. Content created by third parties is the sole responsibility of the third parties and the content’s accuracy and completeness is not endorsed by Kalkine Media or guaranteed.

10.4        Kalkine Media is at times compensated by clientele/companies for media coverage, news submissions services, digital participation, and advertising fees. We make all attempts to be transparent in our disclaimers for the readers on our website and in the articles we publish. Opinions and other statements expressed by third parties (e.g., experts, bloggers, and guest posters) are general information only and should not be taken in any way to endorse or recommend individuals, investment products or services.

11           Service interruptions

11.1        A computer with internet access is required to access Your Kalkine Media User account and the Kalkine Media Services.

11.2        The quality and availability of the Kalkine Media Services may from time to time be affected or disrupted by factors outside of our reasonable control. Such factors can include interruptions to internet services suffered by Kalkine Media, You or other communications carriage service providers through which Kalkine Media Services are hosted, accessed, or administered, lack of capacity and faults in other telecommunications networks to which Kalkine Media is connected.

11.3        We may change or withdraw some or part of the Kalkine Media Services from time to time. This may be because of changing laws, government policy, technologies, obsolescence, new or different product features or functionality, changing content providers and the need to remove, replace or modify content.

11.4        We accept no liability for any loss suffered as a result of service interruptions suffered by Users.

12           Complaints and dispute resolution

12.1        If You are unhappy with us, any part of the Kalkine Media Services, or any services You have received from us, we will do our best to resolve Your concerns for You and welcome any feedback You may have.

12.2        We may request further information from You to assist with our inquiries. We will make every effort to answer or resolve Your questions or complaints quickly, effectively, and fairly.

12.3        If You would like to make a complaint or provide feedback, or if You would like more information on our feedback and complaints process, or dispute resolution process, please contact us directly via email at [email protected] or phone, +64 98862886, or through post at Office No. 3333, Level 33, ANZ Centre, 23-29 Albert Street, Auckland, 1010, New Zealand.

12.4        If You wish to make a complaint, please include full details of Your complaint. We will aim to resolve and provide a substantive response within seven business days of receipt of Your complaint. Kalkine Media will employ its best efforts to resolve the complaint to Your full satisfaction.

13          Kalkine Media User support services

13.1        Kalkine Media’s User support services are available between 9am and 5pm (NZST) during business days (Monday to Friday, not including New Zealand public holidays) by calling +64 98862886 or contacting us via email: [email protected]. Please note that, at times, our User support service staff may experience a larger than usual volume of phone calls and emails. In this case it may take up to 24 hours to respond to You. Thank You in advance for Your understanding and patience. To ensure fairness, we will answer Your emails and phone calls in the order we receive them.

13.2        Kalkine Media’s User support service staff will endeavour to answer all Your questions, however, please understand that they may not be able to help You with technology or IT questions. Unless You specifically advise Kalkine Media that You are not happy to have Your call recorded, Kalkine Media reserves the right to record any other telephone calls to or from its support service staff and to use the information recorded and any emails sent and received by its support service staff for training and quality assurance purposes.

14          Assignment and transfer of rights

14.1        These Terms, and any rights and licences granted to You under these Terms, cannot be transferred or assigned by You to a third party without our prior written consent.

14.2        We may not agree to a proposed transfer without reasonable evidence that our rights and obligations under these Terms will not be affected.

14.3        You agree that we may transfer our rights and obligations under these Terms. We will notify You before an assignment or transfer is made and will endeavour to ensure to the best of our ability that the transfer or assignment will not affect Your rights under these Terms.

15          Staff trading policy

15.1.      We do our utmost to avoid conflicts of interest with Users. Kalkine Media has a staff trading and conflicts of interest policy, which applies to all our staff.

15.2.      Restrictions are placed on staff who seek to trade in financial products. Kalkine Media requires all staff to disclose any potential or proposed trades and any existing interests in listed financial products.

15.3.      Trading restrictions for Kalkine Media staff are as follows:

(a)          Approval to trade must be obtained by all staff from either the manager responsible or the compliance manager (as set out from time to time in the personal dealing policy). Approval is at the complete discretion of the manager responsible or the compliance manager;

(b)          Staff must hold all stocks for at least 10 full market days. Approval to sell within one month will only be granted in exceptional circumstances.

16         Confidentiality and Privacy

16.1        The Privacy Act 2020 (the Privacy Act) contains certain principles relating to the collection, use and disclosure of information relating to individuals. We take our responsibility for Your personal information seriously. Your privacy is important to us, and we want to be sure that You understand our privacy policy. We comply with all privacy laws and codes of practice that apply to us.

16.2        Our full privacy policy as prescribed in the Kalkine Media New Zealand Limited Privacy Policy applies to our Website and the Kalkine Media Services. By using our Website and using the Kalkine Media Services, and providing us with personal information, You agree to these Terms, and consent to our use of Your personal information in accordance with our privacy policy (as amended from time to time).

16.3        The current Kalkine Media New Zealand Limited Privacy Policy is available on the Website and can be accessed here and is subject to updates from time to time. Kalkine Media will provide Users with reasonable notice of changes via updated Terms being published on the Website or via email to Kalkine Media subscribers for any material changes, or changes that are to a subscriber’s disadvantage.  Please refer to the Website for any periodic changes.

17           Our liability to You

17.1        Except as expressly required by law, we accept no liability arising out of Your reliance on Kalkine Media’s Services and information You obtain from us. 

17.2        To the extent permitted by law, we limit any liability we may have to You to the resupply of services or the cost of re-supply of the Kalkine Media Services You have signed up for.  

17.3        Kalkine Media makes no warranty, guarantee or representation about:

• the accuracy, reliability, completeness, or aptness of any information provided on or accessed via the Kalkine Media Services;
• the merchantability or fitness for a particular purpose of any of the Kalkine Media Services referred to or accessed via the Website, the app, or any linked websites;
• the security of any information you provide to Kalkine Media; or
• the Website, the app or any linked sites being free from viruses, the Kalkine Media Services operating uninterrupted or error free and any errors or defects being corrected.

Except for any legal responsibility that we cannot exclude or limit in law, (such as for death or personal injury) Kalkine Media, its directors, officers, employees, consultants, agents, and affiliates are not liable for any loss or damage which You may suffer in connection with or arising out of or related to:

• the provision (or non-provision as the case may be) of any of the Kalkine Media Services;
• Your access to, or use or performance of, the Kalkine Media Services, Website, the app or linked sites; or
• Your access to, or use or reliance on information provided in or accessed via the Kalkine Media Services, Website, app or linked sites.

Kalkine Media, its directors, officers, employees, consultants, agents, and affiliates) are not responsible for any loss or damage that is not foreseeable as a consequence of our breach or loss or damages for loss of business profits, business interruption or loss of business information, that may arise from the use of (or failure to use) or reliance on information You obtain from Kalkine Media or the Kalkine Media Services.

18           Your liability to us

18.1        You will be responsible to us in respect of any loss, cost, damage, or expense we suffer as a result of:

• Your breach of these Terms and/or Acceptable Use Policy;
• Your access to, or use or performance of the Kalkine Media Services or Website in breach of these Terms and/or Acceptable Use Policy; or
• reliance by You on any information provided on or accessed via the Kalkine Media Services or the Website contrary to these Terms.

19           Waiver

19.1        If Kalkine Media fails to exercise or delay in exercising any right, power, or remedy, we do not waive the right, power, or remedy.

19.2        If we do not act in relation to a breach by You of these Terms and/or Acceptable Use Policy, this does not waive our right to act with respect to that breach or subsequent or similar breaches.

20           General

20.1 These Terms are governed by New Zealand law. Both You and Kalkine Media agree to submit to the exclusive jurisdiction of the Courts of New Zealand.

20.2        The illegality, invalidity, or unenforceability of any provision or part of these Terms or the Acceptable Use Policy under the law of any jurisdiction does not affect the legality, validity, or enforceability of such provision under the law of any other jurisdiction or the legality, validity, or enforceability of any other provision or part.

20.3        Any legal action or proceeding arising out of or in connection with these Terms and the Acceptable Use Policy will be brought in the courts of New Zealand, or another court in any jurisdiction that we select, and the User:

• Accepts, for itself and in respect of its assets, the non-exclusive jurisdiction of such courts;
• Irrevocably waives any rights of immunity that it or its assets may have;
• Irrevocably waives any objection it may have to any action or proceeding in any such court on the grounds of the venue or inconvenient forum; and
• Consents to service of process in any manner permitted by law.

20.4        The Website and Kalkine Media Services are directed at a New Zealand audience only but may be accessible from outside of New Zealand. We do not warrant nor make any representation that the Website or Kalkine Media Services comply with the laws (including intellectual property laws) of any country outside of New Zealand. If You access the Kalkine Media website or Kalkine Media Services from outside New Zealand, You do so at Your own risk and acknowledge that You are responsible for complying with the laws in the jurisdiction from where You access the Website or Kalkine Media Services.

20.5        Unless expressly stated and agreed otherwise, these Terms and the Acceptable Use Policy are between the User and Kalkine Media. No other person or entity without a relationship with Kalkine Media may rely on or seek to enforce any or all parts of these Terms and the Acceptable Use Policy.

20.6        Unless expressly stated and agreed otherwise, the User is not able to alter or amend these Terms without express consent or written agreement from Kalkine Media.