1. Binding terms
Any User that does not agree to these Terms is not authorised to access and use the Website and must immediately cease doing so.
3. Use of website
Users may only use the Website strictly in accordance with these Terms. All rights not expressly granted to Users in these Terms are expressly reserved by Fortland Capital Limited (company number 8317161) (the Company).
Each User will be responsible and liable for all activity that occurs through its use of the Website.
5. No Illegal Use
No User may use the Website for any illegal purpose or any purpose not expressly authorised in writing by the Company.
6. Disclaimer and Restriction
acknowledges and agrees with the disclaimer published on the Website by the Company (which can be viewed by clicking here); and
agrees that the Company reserves the right (in its sole and absolute discretion) to not deal with or respond to any person or entity unless that person or entity confirms to the Company’s satisfaction that it is a “wholesale investor” as that term is defined in the Financial Markets Conduct Act 2013.
In using the Website, each User must comply with all applicable laws and regulations.
8. No Malicious use
Users must not use the Website for any malicious means or abuse, harass, threaten, intimidate or impersonate any other User, person or entity.
Users must not introduce (or cause the introduction of) any virus, spyware or other similar feature that in any way compromises or may compromise the Website.
Users may only access the Website through standard means as approved in writing by the Company, and not via methods such as scraping, data mining, the use of a robot or spider, automation or any similar method of extraction or monitoring.
11. Use by other Persons and Entities
Any person or entity that accesses and uses the Website on behalf of or via another User irrevocably confirms that he, she or it is fully authorised to do so by that User and agrees to these Terms in all respects.
12. Intellectual Property
All Users agree that the Company owns all of the intellectual property rights existing the Website (and all improvements to the same).
The Website is provided on an “as is where is” basis, and accordingly all implied warranties and representations (whether under statute, common law or otherwise) that might apply to or otherwise arise out of these Terms are hereby expressly excluded by the Company to the fullest extent permitted by law.
Each User hereby indemnifies, and will keep indemnified, the Company against all forms of liability, actions, proceedings, demands, costs, charges and expenses which the Company may incur or be subject to or suffer as a result of that User's use of the Website.
The Company reserves the right to amend these Terms at any time with or without notice to Users. Any User who continues to use the Website after any amendments will be deemed to have agreed to such amendments.
16. Changes to the Website
The Company is permitted (in its sole discretion) to alter the Website, including all content, format, features and functionality, with or without notice to Users and shall incur no liability for doing so.
No User may publish or use the Company's trade marks, brand, branding or logos except with the Company's prior written consent and directions as to such publication and use (which may be given or withheld at its sole and absolute discretion).
18. Breakdown and Malfunctions
The Company will try to promptly address (during normal business hours) all technical issues that arise on the Website. However, the Company will not be liable for any loss or damage suffered as a result of any partial or total breakdown of the Website or any technical malfunctions on it, the Website being unavailable or performing slowly, or any viruses or other forms of interference that may damage any User's computer system.
Unless expressly stated otherwise by the Company, any link on the Website to other websites or Platforms does not imply any endorsement, approval and/or recommendation of those sites, their operators or their products and/or services.
The Company makes no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. All Users are responsible for ensuring that their access to and use of the Website is not illegal or prohibited in their relevant country.
22. No Waiver
The Company will not be deemed to have waived any right under these Terms unless the waiver is in writing and signed by the Company. A failure to exercise or delay in exercising any right by the Company under these Terms will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.
No User shall be permitted to assign or transfer any of their rights or obligations under these Terms without the Company's prior written consent. The Company shall be entitled (in its sole and absolute discretion) to assign and transfer any of its rights or obligations under these Terms, and the consent of Users shall not be required for any such assignment or transfer.
24. Consumer Guarantees Act 1993
Each User agrees that it is using the Website for the purposes of a business and that, accordingly, the Consumer Guarantees Act 1993 does not apply to these Terms.
25. Limitation of Liability
To the extent that the Company is liable for any reason for any loss suffered or liability incurred by a User arising from any breach of these Terms, or for any other reason (including a User’s use of or reliance on the Website), the Company liability’s (whether arising in contract, tort (including negligence) or otherwise) is limited to NZ$100.
The Company shall not be liable in connection with these Terms for any indirect, consequential or special loss or damage, loss of revenue, economic loss or damage, loss of business or profits or anticipated business or profits, loss of goodwill, loss of anticipated savings or for any business interruption or that is otherwise too remote to be recoverable as damages for breach of contract at law.
If any provision in these Terms becomes invalid or unenforceable, the remainder of these Terms will remain valid and enforceable to the fullest extent permitted by law.
28. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of New Zealand. All Users and the Company irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand for any matter arising under or relating to these Terms.
In these Terms, the following rules of interpretation apply:
References to persons include natural persons, companies and any other body corporates (wherever incorporated) and unincorporated bodies (wherever formed).
Headings have been inserted for convenience only and will not affect the interpretation of these Terms.
References to clauses are to those in these Terms, except where specified otherwise. References to the words including, include or similar words do not imply any limitation and are deemed to have the words without limitation following them.
References to a statute or statutory provision means a New Zealand statute or statutory provision as amended, consolidated and/or replaced from time to time.
A gender includes each other gender and the singular includes the plural and vice versa. An obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done.
References to intellectual property means all intellectual property, proprietary and industrial rights of any nature (whether existing in statute, at common law or in equity).
Derivations of any defined word or term shall have a corresponding meaning.
No rule of construction (including the contra proferentem rule applies to the disadvantage of a party because that party (or its relevant advisor)