Terms of Use

Introduction

1. By using Finbase's (also referred to as us, our and we) website you indicate that you accept and will abide by these website terms of use and our privacy policy (together, the Terms of Use) including any terms that we may amend from time to time. If you do not agree to these Terms of Use, please refrain from using our website and the Platform.
2. All terms defined in our terms and conditions of service (Terms and Conditions) apply in these Terms of Use, unless the context requires otherwise.

Acceptable Use

3. You may, in accordance with these Terms of Use:
3.1. view pages from our website in a web browser;
3.2. download pages from our website for caching in a web Browser;
3.3. print pages from our website; and/or
3.4. use our website to access and use the Platform, and you must not use our website for any other purpose.

4. Except as expressly permitted by clause 3 or any other provisions of these Terms of Use, you must not download any material from our website or save any such material to your computer and you acquire no rights in or to Finbase or our intellectual property rights.
5. Unless you own or control the relevant rights in the material, you must not:
5.1. except as expressly permitted by these Terms of Use, edit or otherwise modify any material (including Finbase material) on our website;
5.2. republish any material from our website (including republication on another website);
5.3. sell, rent or sub-lease material from our website;
5.4. show any material from our website in public;
5.5. reproduce, duplicate, copy or otherwise exploit material from our website for a commercial purpose; or
5.6. redistribute material from our website.
6. We reserve the right to restrict your access to areas of our website (including access to the Platform), or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
7. You must not:
7.1. use our website in any way or take action that causes or may cause damage to the website or impairment of performance, availability or accessibility of our website;
7.2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
7.3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or any other malicious computer software;
7.4. conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; or
7.5. access or otherwise interact with our website using any robot, spider or otherwise automated means.

8. You must ensure that all the information you supply to us through our website, or in relation to the Platform or our website, is true, accurate, current, complete, and not misleading.

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Accessing our Website

9. We aim to update our website regularly and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. We will not be liable if for any reason our website is unavailable at any time or for any period. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
10. If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

Intellectual Property Rights

11. We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it, unless otherwise stated. Those works are protected by copyright laws and treaties around the world. All rights are reserved.
12. You must not use any part of the materials on our website for commercial purposes without our consent.
13. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
14. Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.
Liability and Reliance on Information
15. Material posted on our website is intended to provide general information on Finbase. It is for informational purposes only.
16. Although efforts are made to ensure material on our website is current, complete and accurate to the extent permitted by law:
16.1. Content is provided without guarantees, conditions, or warranties, express or implied.
16.2. Finbase will not be liable for any loss or damage of any kind arising out of, or in connection with, the use of our website by you, including reliance on any information on our website by any visitor to our website, or by anyone who may be informed of any of its contents.

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Security

17. We will not be liable for any loss or damage caused by any technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website it links to.

Third Party Links

18. Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only and are not necessarily checked, approved or endorsed by us. We have no control over, and we are not responsible for, the availability of the links, the contents of those websites or resources, or their compliance with law, and we accept no responsibility or liability for them or for any loss or damage that may arise from your use of them.
19. You may link to our home page on a website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation, but you must not suggest any form of association, approval or endorsement on our part where none exists. Our website must not be framed on any other website.
20. We reserve the right to withdraw linking permission without notice.

Privacy

21. We are committed to respecting your privacy. We will always collect, store, use and disclose personal information in accordance with applicable privacy laws. However, we have also put in place a privacy policy to protect personal information you submit or we collect.

22. We have structured our website so that, in general, you can visit our website without identifying yourself or revealing any personal information. You do not have to provide personal information to access our website, but if you do not provide certain personal
information, then you may not be able to access some of the areas and facilities of our website (for example, your access to the Platform or your use of the Platform as an Authorised User or Investor).
23. If you choose to provide us with personal information when using our website or in some other manner, we will only store, use or disclose that information in accordance with our privacy policy and applicable privacy laws.
24. We may collect aggregated information by using cookies. Cookies are unique identification numbers like tags that are placed on the browser of internet users. The cookies do not in themselves identify users personally but may link back to a database record about them. We may use cookies to track any aspect of our website or Services.
25. We may use services such as Google Analytics, which will issue cookies from their own servers, and which will be able to track website visitors throughout relevant websites. We do not control how those cookies are issued, or the data that they store.
26. We may use "web beacons" (electronic images also known as pixel tags or clear gifs) to recognise a cookie on your computer when you view or act upon a web page, an advertisement that we have placed on a third-party web page, or an email or other
electronic communication that we have sent.
27. We may also use Local Shared Objects, sometimes referred to as "Flash" cookies. Use of Local Shared Objects can help deter, detect and prevent fraud and can support our Online Services.

 

Electronic Messages

28. E-mail and electronic transmission of confidential or privileged documents or advice is a convenient method of delivery. However, internet mail is not secure and any communications or documents transmitted may be interfered with, contain computer viruses or other defects and may not be successfully replicated on other systems. We will not be liable for any copying, recording, reading or interference by others during or after a transmission, for any delay or non-delivery or for any damage caused in connection with a transmission.
29. We are committed to full compliance with the Unsolicited Electronic Messages Act 2007. By subscribing to emails and/or text communications, or otherwise providing your email address and/or mobile number, you consent to receiving emails and/or texts (as the case may be) which promote and market our products and services, or the products and services of others, from time to time. We will ensure we include accurate sender information and a functional unsubscribe facility.
30. If you have any doubts about the authenticity of any communications or documents purportedly sent by us, please contact us immediately.

Jurisdiction

31. These Terms of Use are governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand. We reserve the right to bring proceedings against you for breach of these Terms of Use in your country of residence or
any other relevant country.

Variations

32. We may revise these Terms of Use at any time (with immediate effect) and will notify you of any changes by posting an updated version on our website. Please do not make any assumption that these same terms of use will apply to your future use of our website. We recommend you regularly visit our website and check whether these Terms of Use have changed. If you do not agree with any part of these Terms of Use (including as altered, modified or updated) you must not continue to use our website. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our website.