Collinson Crowdfunding Limited – Website Terms of Use

1.Introduction

This website is owned and operated by Collinson Crowdfunding Limited (‘CCF’, ‘we’, ‘us’, or ‘our’). These Terms of Use constitute an agreement between you, the website user, (‘you’, ‘your’) and us. By accessing or using this website you confirm that you have read and understood these Terms of Use and you agree to be bound by them. If you do not accept these Terms of Use and agree to be bound by them, then you must refrain from accessing or using this website.

2.Your privacy

Where we collect personal information about you as a result of your accessing or using this website, our Privacy Policy will apply to that information. Accordingly, these Terms of Use must be read together with our Privacy Policy .

3.Changes

We reserve the right to add to, modify, suspend, or remove this website or any information, feature, specification, or other part of this website (at any time and without notice to you). We reserve the right to change these Terms of Use from time to time by publishing the changed terms on this website. You should review these Terms of Use periodically to be aware of such changes. By continuing to access or use this website, or continuing to use our services, following such publication you accept the changed Terms of Use.

4.Your membership account

In order to access certain information, features, or services offered on this website, you must create a membership account. To create your membership account, you must (among other things) complete your membership account details in the manner described on this website (including by providing your info@ccfl.co.nz address and selecting a password, which we will use to verify your identity when you use this website). You must ensure that your membership account details are complete and accurate when submitted to us. You certify that all membership account details that you provide are true and correct. You must keep your membership account details up-to-date. We may at our discretion (at any time and without notice to you) suspend or terminate your membership account, your ability to use all or part of this website, or any of the functions available through this website. You may cancel your membership account at any time with immediate effect by email to info@ccfl.co.nz.

5.Your username and password

Your login credentials (being your username and password) are personal to you. You must always maintain the confidentiality of your username and password and not disclose them to any third party. You agree that you are solely responsible for any use of this website by any person using your username and password and you agree to indemnify us against any claims arising out of your failure to maintain the confidentiality of your username or password. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.

We will not be liable for any loss that you may incur as a result of someone else using your password or account (whether with or without your knowledge). You agree to notify us immediately by email toinfo@ccfl.co.nz of any unauthorised use of your account or any other breach of security.

6.Your use of this website

You agree not to use this website for any purpose that is unlawful or to engage in any conduct that is likely to impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through use of any other software or program. This website and the information and services available on or through it are made available only to persons over the age of 18. Use of this website constitutes confirmation that the user is over the age of 18. We may terminate with immediate effect the account of any user if we become aware that such user is under the age of 18.

Our website, and any offers facilitated using our website, does not constitute an offer or solicitation in any jurisdiction in which such an offer or solicitation is not authorised, or in which the person making such offer or solicitation is not qualified to do so, or to any person to whom it is unlawful to make such an offer or solicitation. You are responsible for ensuring that you comply with the law where you are located in relation to our website and to any offers facilitated using our website. We do not warrant that our website, or any offers facilitated using our Service, comply with the law of the place you are located and we accept no responsibility of any kind whatsoever in that regard.

7.User content

This website may from time to time enable you to submit information and other user-supplied content (‘user content’). By creating, modifying, transmitting, uploading, or submitting any user content, you:

1. grant us a non-exclusive, royalty-free, fully paid, worldwide, perpetual, irrevocable, licence to publicly display and make your user content available (by all means and in any media now known or hereafter developed) to other users of this website and other users of our services in such manner as we may permit from time to time; and
2. acknowledge and agree that no royalties or other remuneration will be paid or payable to you for your user content, or for the granting of the rights described above.

We have no obligation to you to make this website or any user content available. We may at any time edit, refuse to display, or remove any part of this website (including your user content) as we deem appropriate.

8.Trade marks

The name and logo of CCF and any name or logo, and any trademarks, appearing on this website belong to us or our licensors or affiliates. You are not permitted to use or reproduce, or allow anyone to use or reproduce, any of those names, logos or trademarks for any reason without the prior written permission of the relevant owner.

9.Intellectual property

The materials displayed on this website are protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in this website including text, illustrations, artwork, photographs, video, music, sound recordings, layout, designs, computer programs, software, source code, belong to us or to our licensors (together, ‘our intellectual property’).

Except in accordance with section 10 (Limited permission to use materials) below, or with our prior written permission, you may not in any form or by any means:

1. use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, or create in any way any works contained in any part of this website; or
2. commercialise any information, products, or services provided by us through or on this website.

Any request for written permission must be sent by email to info@ccfl.co.nz

10.Limited permission to use materials

You may download and print extracts of material from this website in the following situations:

1. for your own business use to seek investment;
2. for your own investment use to identify businesses in which to invest; or
3. for non-commercial research or private study,
4. where any portion of such material or content is quoted in another document, such portion is insubstantial and an acknowledgement of the source of such materials is provided in each case;
5. you do not remove, cover, overlay, obscure, or change any copyright notices, legends, or Terms of Use on this website;
6. no more than one copy of such material is made at any one time; and
7. no such material is redistributed, disseminated, or broadcast in any form, either electronic or non-electronic, or included in any retrieval system or service.

11.Feedback and unsolicited submissions

If you give us feedback about this website or our products or services, we may use that feedback for the purpose of improving our website or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback. If you do send us unsolicited ideas:

12.Electronic communications

You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

13.Disclaimers

While we endeavour to ensure the accuracy of information available through this website and that the content of this website is free from errors, we do not give any warranty or other assurance as to the content of material available on or through this website, its accuracy, operation, quality, functionality, completeness, timeliness, or suitability for any particular purpose.

No part of this website or the material available on or through this website is intended to constitute advice. To the extent that any content, information, or material available through this website constitutes advice, you agree that it is not personalised for your purposes and has been prepared without reference to your objectives, financial situation, or needs. Certain content, information, or materials available through this website may contain further disclaimers that relate to that content, information, or material. To obtain advice tailored to your particular circumstances, please contact an authorised financial adviser.

To the maximum extent permitted by law, and subject to any agreement we have with you that provides to the contrary, we provide this website and all material, information, and services available on or through this website on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

You acknowledge that if you rely on this website or any material available through this website, you do so solely at your own risk.

The views expressed in any third party material or user content on or available through this website are not necessarily the views of CCF and we expressly disclaim all responsibility for the content of any third party material or user content on or available through on this website.

These Terms of Use are not intended to have the effect of contracting out of your rights under the Consumer Guarantees Act 1993, except to the extent permitted by law. However, if you are in trade you agree to contract out of the Consumer Guarantees Act and that the Consumer Guarantees Act shall not apply to you.

14.Liability and indemnity

To the maximum extent permitted by law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits, loss of savings, or other consequential losses) arising in contract, tort (including negligence) or otherwise from the use of, or inability to use, this website or any material available on or through this website, or from any action or decision taken as a result of using this website or any such material.

In no case shall our aggregate liability for any claim arising in relation to this website (including, without limitation, any content or accessibility problems with the website) exceed the amount of the fees, if any, paid by you to us in the six month period immediately preceding the most recent event or events that give rise to such claim.

You agree to indemnify, defend, and hold harmless CCF, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including reasonable lawyers\’ fees) arising from your use of, or reliance on, this website or any material available on or through this website, your failure to comply with these terms and conditions, or from your violation of any applicable law.

15.Availability

Due to the nature of the Internet and electronic communications, we do not make any warranty that this website or any associated services will available without interruption or delay. Your use of this website and any associated services may be subject to interruption, restriction, or delay. We will not be liable to you should this website or any services supplied through this website become unavailable, interrupted, restricted, or delayed for any reason.

16.Third party websites

This website may provide links to Internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for the content (including the accuracy, legality, or decency) of any linked site or any material contained in a linked site. Any link provided is provided as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

17.Malicious code

Although we endeavour to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to this website, we do not guarantee or warrant that this website, or any material available on or through it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from malicious code.

18.Security

Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet. We do not accept responsibility for any interference or damage to your computer system which may arise in connection with your accessing of this website or any hyperlink.

19.Governing law

These Terms of Use are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms of Use.

These Terms of Use were last updated on 9 November 2016.