Terms & Conditions

In using the Website, you agree to be bound by these Terms of Use set out below. If you do not accept these Terms of Use, please exit the Website immediately.

1. Definitions

“Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages or other material.

“You/Your” means you, the user of the Website.

“We/Us/Our” means Hedgebook Limited who provides the Website.

“Service” means the cloud based treasury valuation system which comprises of the Valuation Database developed and maintained by Hedgebook and made available by Hedgebook via paid subscription on the Website.

“Valuation Database” means a series of financial instrument valuation database containing information with respect to the calculation of fair value for financial market instruments. “Website” means the internet site at the domain www.hedgebook.co.nz or any other site operated by Us.

2. Third Party Websites

You agree that We are not responsible for, nor do We endorse, any third party websites or Content which You access in the course of using the Website. This includes any reliance upon or offence taken/caused by content, advertising, products or services accessed.

3. Security, Passwords and Means of Accessing the web site and Content

You agree not to access or use the Website in any manner that could damage, disable, overburden, or impair any of Our accounts, computer systems or networks. You agree not to attempt to gain unauthorised access to any parts of the Website or any of Our accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Website or any of Our accounts, computer systems or networks. Access to and use of password protected or secure areas of the Website is restricted to authorised users only. You agree not to share your password(s), account information, or access to the secure areas of the Website. You are responsible for maintaining the confidentiality of password(s) and account information, and You are responsible for all activities that occur under your password(s) or account(s) or as a result of Your access to the Website. You agree to notify Us immediately of any unauthorised use of Your password(s) or account(s).

4. Terms Applicable to Specific Content and Areas of the Website

Some areas of the Website or Content provided on or through the Website may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to the access or use of that area of this website or Content. If there is a conflict or inconsistency betweenthese Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Website or for specific Content, the latter shall have precedence with respect to Your access and use of that area of the Website or Content.

5. Liability

We will not be liable for any damages, including without limitation, indirect or consequential damages, howsoever arising out of Your use of the Website or in respect of any of Your actions or omissions taken in reliance on any information contained on the Website or any website to which the Website is linked.

6. Disclaimer

We have used reasonable care and skill in compiling the content of the Website but make no
warranty, express or implied, as to the nature or accuracy of any material on the Website and cannot accept liability for any particular material on the Website or as a result of any use of or reliance placed upon information contained within the Website.

We do not guarantee or warrant the Website will be uninterrupted, without delay, error-free, omission-free, or free of viruses. Any material downloaded or otherwise obtained through the use of the Website is done at Your own discretion and risk and that You will be solely responsible for any damage to Your own computer system or loss of data that results from the download of any such material.

7. Indemnity

To the maximum extent permitted by law, You agree to indemnify and hold us harmless against anyand all losses, claims, costs, expenses, actions, demands, damages, liabilities or any other in proceedings, whatsoever incurred by Us in respect of any claim by a third party arising from or connected to any breach by You of Your obligations under the Terms of Use.

8. Modifications to web site

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) and these Terms of Use with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.

10. Privacy Policy

We are concerned about Your privacy and have developed a policy to address privacy concerns. For more information, please see Hedgebook’s Privacy Policy.

11. No Unlawful or Prohibited Use

You agree not to use the Website or Content provided on or through the Website for any purpose that is unlawful or prohibited by these Terms of Use, or the rules, guidelines or terms and conditions posted for a specific area of the Website or Content provided on or through the Website.

12. Termination of Use

We may, in our sole discretion, at any time discontinue providing or limit access to the Website, any areas of the Website or Content provided on or through the Website. You agree that We may, in our sole discretion, at any time, terminate or limit Your access to or use of the Website if, under appropriate circumstances, You are determined to have breached the Terms of Use. You agree that

We will not be liable to You or any third-party for any termination or limitation of Your access to or use of the Website or any Content.

13. Limitation of Liability

Except to the extent prohibited by law, We will not otherwise be liable to You for:

(a) lost revenues, loss of profits, loss of business, or any incidental, indirect, consequential, special, or punitive damages of any kind or nature, including, such damages arising from breach of these Terms of Use or use by You or by a third party of the Website, whether such liability is asserted on the basis of contract, tort (including but not limited to negligence), in equity or otherwise, whether or not foreseeable, even if We have been advised or were aware of the possibility of such loss or damage; or (b) truth, accuracy, sequence, timeliness or completeness of any information provided by or processed by the Website, or for errors, mistakes, or omissions therein or for any delays or interruptions in the operation of the Website.

14. Governing law and jurisdiction

The products, services and information mentioned on the Website are only available in New Zealand.

We do not accept responsibility for the compliance of the products, services and information mentioned on the Website with the laws of any other country. Unless otherwise stated, all references to dollars are to New Zealand dollars.

The Website is governed by New Zealand law and all users irrevocably submit to the exclusive jurisdiction of that law.

15. Copyright

All content on the Website is copyrighted and may not be modified, reproduced or publicly displayed, performed or distributed or used for any public or commercial purposes. You may use the information provided for your own personal and business activities and you may give copies to others if you acknowledge the source of the information. You may not sell or exchange for value the information contained in the Website. The Website may contain a number of registered trademarks (designated by TM) which are either owned by Hedgebook Limited or used with the permission of the registered trademark owners.