Updated date: [29/08/2024]

General

This website www.kalkine.co.nz (Website) and all associated pages of the Website are operated by Kalkine New Zealand Limited (company Number 7714096, NZBN 9429047678101).

If you have any questions relating to these terms and conditions (Terms of Use), please contact our Customer Service Department. Please email [email protected] or phone (09) 884-4176. 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 New Zealand Limited (NZBN: 9429048590709) and Kalkine Securities New Zealand Limited (NZBN: 9429048616355), are all part of the Kalkine group of companies.

Kalkine New Zealand Limited is registered on the New Zealand Financial Service Providers Register (FSP691351) and is a member of the Financial Dispute Resolution Scheme, an independent dispute resolution service. Kalkine New Zealand Limited also holds a Class 1 Financial Advice Provider Licence granted by the Financial Markets Authority.  Kalkine New Zealand Limited’s registered office is at No. 3333, Level 33, ANZ Centre, 23-29 Albert Street, Auckland, 1010, New Zealand.

By accessing this website and any portal within this website, you agree to, and will comply with the Terms of Use, and any applicable portal/application terms.

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 on your personal circumstances from a financial adviser as necessary before acting on any advice. Not all investments are appropriate for all people.

1. INTRODUCTION
   • It is important that the customer (You/Your, the User) carefully reads, understands, and keeps these Terms of Use. These Terms of Use outline both the User’s and Kalkine New Zealand Limited’s (Kalkine, we, us, our) rights, responsibilities, and obligations that may arise when the User operates an account with us, and/or when the User has signed up for a free trial subscription (Free Trial) we provide.
   • The use of Free Trial is subject to these Terms of Use.
   • By using the Website or our mobile or software application, You agree to be bound by these Terms of Use. By using our services, You agree that we may collect, use and share Your personal information in accordance with the terms of our Privacy Policy.
   • Kalkine reserves sole right to amend these Terms of Use from time to time, as deemed appropriate. If we do, the new Terms of Use will be posted on our Website or we will notify You by email of the new Terms of Use if You have a Kalkine 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 of Use, You may not be permitted to continue to use our services. As You are bound by these Terms of Use, we recommend that You periodically refer to them.
   • Kalkine has the right to investigate any breach or complaint about a violation of these Terms of Use. Kalkine 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 of Use, or as we see fit in order to protect the security and integrity of the Free Trial, we may terminate a User’s use of the Free Trial 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 the Free Trial to a User. We are not obliged to give notice to a User if it is impracticable to do so.
2. OPENING YOUR FREE TRIAL ACCOUNT
   • To be eligible to open an account and use the Free Trial, 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, phone number and residential address;
   • In opening an account, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Website’s registration form or the account opening form (located on the Kalkine Website); and (b) maintain and promptly update such information to keep it true, accurate, current and complete.
   • Kalkine may, in its absolute discretion, accept or decline to provide any one or more of the Free Trial 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 we have reasonable ground to believe so).
   • By completing and submitting an application form to open an account with Kalkine, You: (a) authorise Kalkine 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 of Use, the Kalkine Privacy Policy, any and all website disclaimers
3. USER ACKNOWLEDGEMENTS, UNDERTAKINGS, WARRANTIES AND RESPONSIBILITIES
   • When You acquire Free Trial from us, it is Your responsibility, unless we notify You in writing otherwise, to:
     1. Adhere to, and comply with, these Terms of Use;
     2. Ensure You understand Your rights and obligations and our dispute resolution process before You choose to open Your account with Kalkine or use the Free Trial;

• Inform us promptly if You change any of Your personal details (including address details and name), and make sure that we have acted on this change;
• Ensure that any and all information provided to us are 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 will be entitled to construe all activity using that Password as being actioned by Yourself, and You agree to pay all fees so incurred and to take responsibility for all actions undertaken whilst accessing the Free Trial 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 access or use;
• Confirm that You are of full age and sound mind, and legally competent to enter into a contract, and that no steps have been taken, or legal proceedings started or threatened against You for Your insolvency; and
• Acknowledge that we provide the Free Trial under these Terms of Use in reliance on Your representation and warranties, and that these representations and warranties survive during the course of Your client relationship with Us (Your client relationship with Kalkine ceases when Kalkine has accepted Your decision to terminate the use of the Free Trial and/or upon efflux of the subscription period for the relevant Free Trial.

4. ACCESS TO INFORMATION AND FREE TRIAL

Kalkine will process activation of the Free Trial within a period of 24 hours, post we have successfully verified Your information. You must only use the Free Trial for Your personal, non-commercial use and in accordance with these Terms of Use and any applicable law.

• If You wish to access our Free Trial, You will need to become a subscriber by providing us with Your contact details and other relevant information as requested to complete the sign-up.
• We reserve the right to amend the security procedures for access to the Services at any time.
• A Free Trial of up to 07 days is available to the subscribers. Free Trial is available only once per User and existing Users of Kalkine may not be eligible for the Free Trial. Kalkine solely reserves the right to amend the terms/offer for the Free Trial and approval of a Free Trial is at Kalkine’s sole discretion.
• To continue using our services beyond the Free Trial, You will be required to purchase a Kalkine subscription via a valid payment method. Further billing with continue in accordance with the selected Kalkine subscription and the payment cycle stated at the time of payment.
• The Free Trial Service is provided to You free of charge (subject to the other provisions of these Terms of Use), and on an ‘AS IS’ basis, without any warranty of any kind from us including, without limitation, a warranty of satisfactory quality, fitness for a particular purpose.
• You must not provide any Kalkine reports, documents or information obtained as a paid User of Kalkine and User of the Free Trial to any third party.
• You must notify us promptly if Your account information is compromised, or You become aware of any unauthorised use of Your account.

5. INTELLECTUAL PROPERTY

• All material published as part of the Free Trial is owned or provided under licence by Kalkine. No content must be copied, reproduced, distributed, or disclosed without our prior written permission.
• All other content (including all features, software, graphics, design, code, compilation of User content, aggregate reviews and ratings), and all other components of the services including Free Trial remain the property of Kalkine and/or its licensors. Kalkine 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.
• No right, title or interest in or to the services or any content on the services is transferred to You, and all rights not expressly granted, are reserved by Kalkine.

• 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 services;
• remove, change or obscure in any way anything that make up the services or otherwise use any material contained in the services except as set out in these Terms of Use;

• reproduce, retransmit, disseminate, sell, publish, broadcast, distribute any part of the services and anything available from the services to be used in connection with creating, promoting, trading, marketing investment products or other media content without the express written consent of Kalkine or its information providers; and
• use the services or content therein for unlawful purposes, and You shall comply with all applicable laws, statutes and regulations at all times.

6. DISCLAIMER IN RELATION TO INFORMATION ACCURACY

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

7. THIRD PARTY SERVICES AND AFFILIATED WEBSITES

• Kalkine may provide tools through the Free Trial that enables You to export information, including User content, to third party services. By using one of these tools, You agree that Kalkine may transfer that information to the applicable third-party service.
• Third party services are not under Kalkine’s control, and, to the fullest extent permitted by law, Kalkine is not responsible for any third-party service’s use of Your exported information. The Services may also contain links to third party websites. Linked websites are not under Kalkine’s control, and Kalkine is not responsible for their content.

8. SERVICE INTERRUPTIONS

• A computer with internet access is required to access Your Kalkine User account and the Free Trial.
• The quality and availability of the Kalkine reports may from time to time, be affected or disrupted by factors outside of our control. Such factors can include interruptions to internet services suffered by Kalkine, You or other communications carriage service providers through which Kalkine is hosted, accessed or administered, lack of capacity and faults in other telecommunications networks to which Kalkine is connected.
• We may change or withdraw some or part of the Free Trial 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.
• We accept no liability for any loss suffered as a result of service interruptions suffered by Users.

9. COMPLAINTS AND DISPUTE RESOLUTION

• If You are unhappy with us, any part of the Free Trial, 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.
• 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.
• 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 (09) 884-4176 or through post at Office No. 3333, Level 33, ANZ Centre, 23-29 Albert Street, Auckland, 1010, New Zealand (09) 884-4176.
• 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 will employ its best efforts to resolve the complaint to Your full satisfaction.
• If You remain dissatisfied with the way Your complaint has been handled by us, and we are unable to reach a satisfactory resolution as agreed by You and us, You have access to our external dispute resolution service, Financial Dispute Resolution Service (FDRS). Use of FDRS and its services will not incur a cost to You. Kalkine is a member of FDRS, membership number FM5593. This dispute resolution service is available only to retail clients.

10. KALKINE SUPPORT SERVICES

• Kalkine’s account managers are available between 9am and 5pm (NZST) during business days (Monday to Friday, not including New Zealand public holidays) by calling (09) 884-4176 or contacting us via email [email protected]. Please note that, at times, our account managers 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.
• Kalkine’s account managers are not able to provide financial advice to You. All information provided by our account managers is general information only and does not take into account Your specific needs, goals, or financial situation. If You have any questions about a specific investment or would like to speak to anyone about investment decisions, please seek advice from a licenced financial advice provider who can advise You on Your personal situation.
• Kalkine’s account managers 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 that You are not happy to have Your call recorded, Kalkine reserves the right to record any telephone calls to or from its account managers and to use the information recorded and any emails sent and received by its account managers for training and quality assurance purposes.

11. ASSIGNMENT AND TRANSFER OF RIGHTS

• These Terms of Use, and any rights and licences granted to You under these Terms of Use, cannot be transferred or assigned by You to a third party without our prior written consent.
• We may not agree to a proposed transfer without reasonable evidence that our rights and obligations under these Terms of Use will not be affected.
• You agree that we may transfer our rights and obligations under these Terms of Use. 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 of Use.

12. STAFF TRADING POLICY

Staff Trading Policy:

We do our utmost to avoid conflicts of interest with subscribers. We therefore impose restrictions on staff trading and require disclosure of staff holdings. Trading restrictions are as follows.

• Approval for all staff trades is to be obtained from one of the responsible manager or the compliance manager. Approval is at the complete discretion of the responsible manager or the compliance manager.
• Where a recommendation changes, staff will not be permitted to trade for one day either side of publication. This means the day of online publication, and the day after.
• Staff must not trade against a buy or sell recommendation. Approval to trade against a buy or sell recommendation will only be granted in exceptional circumstances.
• Staff must hold all stocks for at least 10 full market days . Approval to sell within 10 days will only be granted in exceptional circumstances.

13. CONFIDENTIALITY AND PRIVACY
    • 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 the terms relating to the way in which we collect and use Your personal information. We will comply with all privacy laws and codes of practice that apply to us.
    • Our full privacy policy as prescribed in the Kalkine New Zealand Limited Privacy Policy applies to all products and services You acquire from us in relation to our New Zealand operations, including our website and the Free Trial. By using our services (including accessing our website and using the Free Trial), and providing us with personal information, You agree to these Terms of Use, and consent to our use of Your personal information in accordance with our privacy policy (as amended from time to time).
    • The current Kalkine New Zealand Limited Privacy Policy is available on the Kalkine website and can be accessed here, and is subject to updates from time to time. Kalkine will notify Users of changes via updated Terms of Use being published on the Kalkine website or via email to Kalkine account holders for any material changes. Unless Kalkine reasonably believes that the change is not to User’s disadvantage, Kalkine will provide Users with reasonable notice of any changes by posting a public notification on the Kalkine website. Please refer to the Kalkine website for any periodic changes.
14. OUR LIABILITY TO YOU
    • Except as expressly required by law, we accept no liability arising out of Your reliance on Kalkine services and information You obtain from us, including the Free Trial.
    • 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 services if any.
    • The financial products and securities analysed in our research reports and as part of the Free Trial may have a separate product disclosure statement issued by the financial product issuer. You are strongly encouraged to obtain a copy of the product disclosure statement or offer document from the product issuer before making any decision about whether to acquire a financial product. Kalkine accepts no liability and assumes no responsibility arising out of Your decision to invest in any financial products.
    • Neither Kalkine and/or its employees, directors, agents or associates guarantee the performance of any security or other financial product (or class of financial product) discussed as part of the Free Trial. You acknowledge that the Free Trial have not been developed to meet Your individual requirements or take into account Your individual investment goals or risk profile. It is Your sole responsibility to seek independent financial advice from a licensed financial advice provider on Your personal circumstances. You acknowledge that Your decision to invest in any financial products is Yours only, and accept that Kalkine does not assume any responsibility for losses incurred in the trading of financial products.
    • Kalkine, 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 the information You obtain from Kalkine or the Free Trial.
15. YOUR LIABILITY TO US
    • You will be responsible to us in respect of any loss, cost, damage or expense we suffer as a result of:
      1. Your breach of these Terms of Use.
      2. Your access to, or use or performance of our services or Website in breach of these Terms of Use; or
    • reliance by You on any information provided on or accessed via our services or the Website contrary to these Terms of Use.
16. GENERAL
    • These Terms of Use are governed by New Zealand law. Both You and Kalkine agree to submit to the exclusive jurisdiction of the Courts of New Zealand.
    • The illegality, invalidity, or unenforceability of any provision or part of these Terms of Use 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.
    • Any legal action or proceeding arising out of or in connection with these Terms of Use will be brought in the courts of New Zealand.

• The Kalkine website and Free Trial are directed at the New Zealand (NZ) audience only but may be accessible from outside of NZ. We do not warrant nor make any representation that the Kalkine Website or Free Trial complies with the laws (including intellectual property laws) of any country outside of NZ. If You access the Kalkine website or Free Trial from outside NZ, 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 Kalkine website or Free Trial.
• Unless expressly stated and agreed otherwise, these Terms of Use are between the User and Kalkine. No other person or entity without a client relationship with Kalkine may rely on or seek to enforce any or all parts of these Terms of Use.

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