Acceptance
This Investments Online website is hosted by Direct Broking Limited. By
accessing this website you agree to the terms of access listed below and if
applicable, the Investments Online Terms and Conditions.
General Disclaimer
Apart from the functionality provided by Direct Broking Limited that allows
users to buy and sell securities over the Internet, the content on this website
is for information only. While National Bank Private Banking, part of the ANZ
National Bank Limited ("The Bank") and Direct Broking Limited use reasonable
care to ensure that the content provided by each of them on this website is
free from error, neither the Bank nor Direct Broking Limited warrant its
accuracy, correctness, adequacy or completeness or its suitability for your
intended use. Neither the Bank nor Direct Broking Limited are responsible for
any decision made or action taken by anyone in reliance upon the information on
this website. The content on this website does not constitute a recommendation
or advice to anyone and is not intended to be a substitute for commercial
judgement or professional advice (whether of an investment, legal, tax and
accounting, or other nature), and you should seek professional advice relevant
to your circumstances as to the suitability of Investments Online or any
securities or investments referred to on this website.
Liability
Both the Bank and Direct Broking Limited disclaim, to the fullest extent
permitted by law, all liability or responsibility to anyone for any direct or
indirect loss or damage that may result from the action or failure to act by
anyone in reliance on the content of this website.
Changes to Content
All content on this website (including these terms of access) is subject to
change at any time.
Jurisdiction
Unless otherwise specified, the content on this website has been prepared in
accordance with New Zealand law for the supply of products and services in New
Zealand to National Bank Private Banking customers who are resident in and/or
carrying on business in New Zealand. The content of this website and any
contracts formed with the Bank and/or with Direct Broking Limited arising out
of this website are governed by New Zealand law and New Zealand Courts have
jurisdiction.
Links
This website contains material produced by third parties and links to other
sites. Neither the Bank nor Direct Broking Limited accepts any responsibility
or liability in relation to the sites, their content or your access
to them.
Privacy Policy
The National Bank Private Banking (“the Bank”) and Direct Broking Limited
(“Direct Broking”) take your privacy very seriously. We understand the need to
safeguard your personal and financial information and respect your rights under
the 1993 Privacy Act.
To enable the provision of Investments Online, the Bank, and Direct Broking must
disclose to each other certain information collected and held by them about you
and your accounts. Direct Broking and the Bank collect and hold your personal
information for the purposes of providing the Investments Online services and
administering, managing and monitoring those services, implementing trading
orders, acting on instructions from you, and, with your prior approval,
informing you about products and services of the Bank, Direct Broking or its
related companies.
You agree to the collection, use and sharing of your personal information
between Direct Broking and the Bank for the above purposes and acknowledge that
Direct Broking or the Bank may record any instructions given by telephone and
over the Internet.
In addition, you acknowledge that Direct Broking may disclose personal or other
confidential information about you or your securities:
-
to representatives of Direct Broking, its related entities and agents in the
course of or in connection with the provision of Investments Online and such
representatives, related entities and agents may in turn disclose such
information in the circumstances referred to in this policy to their respective
auditors and professional advisers;
- in enforcing the Terms of Access, in a
proceeding arising out of or in connection with the Investments Online website
or service or to the extent that disclosure is regarded by Direct Broking or
its related entities or agents as necessary to protect its interests;
- if
required by law, by any order or requirements of any Government Agency or any
procedure for discovery in any proceedings;
- if required under the
Participant Rules or any law, the rules of any securities exchange or
regulations or any administrative guidelines, directive, request or policy
whether or not having force of law and, if not having the force of law, with
which responsible financial institutions similarly situated would normally
comply; or
- with your prior written consent.
You may ask for access to, and request correction of, any of your personal
information held by Direct Broking or the Bank in connection with Investments
Online, by contacting your Private Banker.
When visiting the Investments Online website, information may be collected (for
statistical purposes) about you, such as the pages visited and the products
invested in. Such information may be disclosed to third parties but will not
include information that could identify you. Note that the Investments Online
website includes cookies (information that your browser stores on your computer
hard drive). These are necessary in order for Investments Online to operate.
Copyright
Direct Broking Limited and/or the Bank owns (or has licences for) all
copyrights, database rights and all similar rights for this website and all
trademarks and other materials used on this website. No part of this site may
be reproduced or adapted in whole or in part without the prior consent of both
Direct Broking Limited and the Bank.
Suspension of Website
You acknowledge that the Bank and Direct Broking Limited have the right to
suspend operation of this website at any time (including if, in its opinion,
some threat is posed to any system or part of any system). You also acknowledge
that the Bank and Direct Broking Limited may suspend the operation of the
website at regular intervals for periodic maintenance and administration tasks.
Information Supplied by You
You are responsible for and must take all reasonable care to ensure the
information you supply to either the Bank or to Direct Broking Limited is
accurate. You must let the Bank know as soon as you think there has been an
error or mistake. You can notify the Bank by calling Investments Online
Helpdesk on on 0800 22 55 65 or +64 4 495 5161 if you’re calling from
outside New Zealand.
Security and Unauthorised Access
While all reasonable care is taken by Direct Broking Limited to provide a
secure Internet trading environment, neither it nor the Bank, under any
circumstances, will be held liable for any loss, damage or liability caused by
any breach of security including unauthorised access to or use of Investments
Online service. You acknowledge that you are aware of, and agree to accept, any
risks associated with share trading via the Internet, including without
limitation the possibility that third parties may gain access to information
which is confidential. You agree to release and indemnify both the Bank and
Direct Broking Limited and their respective agents from any loss, damage or
liability resulting from any breach of Internet security, including without
limitation the use or misuse (including fraudulent use) of your Investments
Online keyword or confidential information.
Viruses
You are responsible for protecting your own computer(s) and/or network from
being affected by viruses, bugs etc. whilst using our website. Neither the Bank
nor Direct Broking Limited is responsible if you are unable to access or use
this website due to any virus, bug etc. nor for any loss or damage you may
suffer as a result of a virus, bug etc. affecting your computer(s) and/or
network.
Information Provided Under Licence
Certain data accessible on our services is the intellectual property of the
relevant news and information service provider or third parties that provide
such data to the relevant service provider, or us. The data is protected by
copyright and other intellectual property laws and all ownership rights remain
with the information service provider or the third party or us, as the case may
be.
You may only use the data retrieved from our services for your own personal and
non-commercial purposes while accessing our services. Such use will be in
accordance with these Terms and Conditions of Access and the requirements set
out elsewhere on our services. You may not copy, distribute or redistribute the
data, including by caching, framing or similar means or sell, resell,
re-transmit or otherwise make the data retrieved from our services available in
any manner to any third party.
Where the information consists of pricing or performance data, the data
contained therein has been obtained from sources believed to be reliable. Data
computations are not guaranteed by any information service provider, third
party or us or any affiliates and may not be complete. No information service
provider, third party or us gives any warranties, as to the accuracy, adequacy,
quality or fitness, timeless, non-infringement, title, of any information for a
particular purpose or use and all such warranties are expressly excluded to the
fullest extent that such warranties may be excluded by law. You bear all risk
from any use or results of using any information. You are responsible for
validating the integrity of any information received over the Internet.
Private Banking Investment Portfolio
Investments Online enables a Customer to view their Private Banking Investments
Portfolio. You acknowledge that this is a view-only service and that securities
traded through Investments Online will not form part of your Private Banking
Investment Portfolio. You cannot give instructions to the Bank nor trade
Securities in your Private Banking Investment Portfolio through Investments
Online. The information available to you on your Private Banking Investment
Portfolio viewing area is preliminary information only and the values
attributed to securities displayed on your Private Banking Investment Portfolio
are indicative only and subject to change. Your Private Banking Investment
Portfolio is updated periodically and consequently information appearing on
Investments Online regarding your Private Banking Investment Portfolio may not
be up to date and may not include recent transactions.
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