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Terms and conditions

General Terms and Conditions

Updated date: [29/08/2024]

General

This website https://kalkine.co.nz/ (Website), all associated pages of the Website and our related mobile or software application (Kalkine App) are operated by Kalkine New Zealand Limited (Company Number 7714096, NZBN 9429047678101).

If you have any questions relating to these Terms and Conditions (Terms), 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, any portal within this Website or Kalkine App, you agree to, and will comply with the Terms, and any applicable portal/application terms of use.

The information on this Website or Kalkine App 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, the User) carefully reads, understands, and keeps these Terms. These Terms 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 uses the products and services (Kalkine Subscription Services) we provide.
    • The use of all of our products and services is subject to these Terms.
    • By using the Website or Kalkine App, you agree to be bound by these Terms. 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 from time to time, as deemed appropriate. If we do, the new Terms will be posted on our Website or Kalkine App or we will notify you by email of the new Terms 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, you may not be permitted to continue to use our Services. As you are bound by these Terms, we recommend that you periodically refer to them.
    • Kalkine has the right to investigate any breach or complaint about a violation of these Terms. 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, or as we see fit in order to protect the security and integrity of the Kalkine Subscription Services, we may terminate a User’s use of the Kalkine Subscription 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 the Kalkine Subscription Service to a User. We are not obliged to give notice to a User if it is impracticable to do so.

  2. Opening Your Subscription Account

    • To be eligible to open an account and use the Kalkine Subscription Services, you must: (a) be an individual who is at least 18 years old; (b) be capable of entering into a legally binding contract; (c) have a valid email address, phone number and residential address; and (d) have a valid debit or credit card or New Zealand bank account.
    • In opening an account, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the account opening form (located on the Kalkine Website or Kalkine App); 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 Kalkine Subscription 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 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, the Kalkine Privacy Policy, any and all disclaimers.

  3. User Acknowledgements, Undertakings, Warranties And Responsibilities

    • When you acquire Kalkine Subscription Services from us, it is your responsibility, unless we notify you in writing otherwise, to:
      1. Adhere to, and comply with, these Terms;
      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 Kalkine Subscription Service
      3. Inform us promptly if you change any of your personal details (including payment details, address details and name), and make sure that you have no reason to believe that we have not acted on the change;
      4. 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;
      5. 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 Kalkine Subscription 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 access or use;
      6. 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
      7. Acknowledge that we provide the Kalkine Subscription Services under these Terms 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 Kalkine Subscription Services and/or upon the end of the period for the relevant Kalkine Subscription Service.

  1. Access To Information And Kalkine Subscription Services

    • You will only have access to the Kalkine Subscription Services you are subscribed to. For paid Kalkine Subscription Services; only a paying member has access to the subscriber-only section.
    • You must not provide any reports, documents or information obtained as a paying User of Kalkine and user of the Kalkine Subscription Services 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; and
    • Free e-letters can be viewed and accessed on the dedicated Website https://kalkine.co.nz/, or Kalkine App or by email subscription.

  2. Pricing, Cancellation And Refunds

    • You agree to pay the price of the requested Kalkine Subscription Service at the time of your application, as well as any applicable taxes or processing fees charged by your bank or payment provider.
    • All fees are payable in advance to access the Kalkine Subscription Services. When you request for the Kalkine Subscription Service, we will provide details of available payment methods, instructions, and a secure (SSL encrypted) connection. By submitting your payment details for your chosen Kalkine Subscription Service, you confirm that you are entitled to authorise the payment. If we do not receive payment authorisation, or if any payment authorisation is subsequently cancelled or revoked, we may terminate or suspend your access to the Kalkine Subscription Services.
    • We reserve full right to review and update our prices for any Kalkine Subscription Services at any time. Any change to the prices will be displayed on the Kalkine Website or Kalkine App; and
    • Existing Users who have prepaid for Kalkine Subscription Services will not be affected by any price changes.
    • You will not be entitled to any refund of subscription fees if you decide to cancel your subscription during the subscription period (after the applicable 5 working days money back guarantee). Each subscription must be paid in full prior to starting the subscription period. We will cancel your subscription if the subscription period is not paid in advance or if you give us written or oral notice that you wish to cancel within 5 working days of taking out your subscription.
    • There is a 100% money back guarantee for subscribers to any of the Kalkine reports, within 5 working days of taking out a membership. This money back guarantee is available to first-time subscriber of any report, existing subscribers purchasing new subscriptions, and past subscribers purchasing any subscription after the expiry of their previous subscription. Cancellations can be notified orally by calling Kalkine on (09) 884-4176, in writing via email to [email protected] or posted to: Office 3333 Level 33, ANZ Centre, 23-29 Albert Street, Auckland, 1010, within 5 working days from the date of the new subscription being taken. Subscription refunds are strictly not allowed after 5 working days of receiving a copy of the subscription agreement.

  3. Intellectual Property

    • All material published as part of the Kalkine Subscription Service is owned or provided under licence by Kalkine. Kalkine Subscription Service content (including free content) is intended for individual, non-commercial use only. 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 Kalkine Subscription Service 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 Kalkine Subscription Service or any content on the Kalkine Subscription Service is transferred to you, and all rights not expressly granted, are reserved by Kalkine.
    • You must not:

  1. Disclaimer In Relation To Information Accuracy

    • The content of the Kalkine Subscription Service 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 Kalkine Subscription Services.
    • 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.

  2. Third Party Services And Affiliated Websites

    • Kalkine may provide tools through the Kalkine Subscription Services 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.

  3. Service Interruptions

    • A device with internet access is required to access your Kalkine user account and the Kalkine Subscription Services.
    • The quality and availability of the Kalkine Subscription Services 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 Kalkine Subscription 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.
    • We accept no liability for any loss suffered as a result of service interruptions suffered by Users.

  4. Complaints And Dispute Resolution

    • If you are unhappy with us, any part of the Kalkine Subscription 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.
    • 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.
    • 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.

  5. 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.

  6. Assignment And Transfer Of Rights

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

  7. Staff Trading Policy

    • We do our utmost to avoid conflicts of interest with Users. Kalkine has a staff trading and conflicts of interest policy, which applies to all our staff.
    • Restrictions are placed on staff who seek to trade in financial products. Kalkine requires all staff to disclose any potential or proposed trades and any existing interests in listed financial products.
    • Trading restrictions for Kalkine staff are as follows.
      1. 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;
      2. 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;

  1. 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, Kalkine App and the Kalkine Subscription Services. By using our services (including accessing our Website, Kalkine App and using the Kalkine Subscription 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).
    • The current Kalkine New Zealand Limited Privacy Policy is available on the Kalkine Website/Kalkine App and can be accessed here, and is subject to updates from time to time. Kalkine will provide Users with reasonably notice of changes via updated Terms being published on the Kalkine Website or Kalkine App or via email to Kalkine account holders for any material changes, or changes that are to a User’s disadvantage. Please refer to the Kalkine Website or Kalkine App for any periodic changes.

  2. 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 Kalkine Subscription Services.
    • 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 Subscription Services that you have subscribed.
    • The financial products and securities analysed in our research reports and as part of the Kalkine Subscription Services 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 Kalkine Subscription Services. You acknowledge that the Kalkine Subscription Service 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 Kalkine Subscription Services.

  3. 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.
      2. your access to, or use or performance of our services or Website or Kalkine App in breach of these Terms; or
    • reliance by you on any information provided on or accessed via our services or the Website or Kalkine App contrary to these Terms.

  4. General

    • These Terms 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 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 will be brought in the courts of New Zealand.
    • The Kalkine Website, Kalkine App and Kalkine Subscription Services 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 Kalkine App or Kalkine Subscription Services complies with the laws (including intellectual property laws) of any country outside of NZ. If you access the Kalkine Website or Kalkine App or Kalkine Subscription Services 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 Kalkine App or Kalkine Subscription Services.
    • Unless expressly stated and agreed otherwise, these Terms 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.
    • 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.