These Platform Terms and Conditions govern the use of the Platform by each user (you), as provided and as authorised by Flint Wealth Limited ("Flint Wealth"). You agree that your use of the Platform indicates your acceptance of these Platform Terms and Conditions.

Agreement

These Platform Terms and Conditions provide information about the online platform accessible through this website ("Platform") and your responsibilities in accessing and using the Platform. It is important that you read and understand these terms before using the Platform.

Each time you access or use the Platform, you acknowledge that you have read, understood, and accepted these terms and conditions and agree to be bound by them in respect of your use of the Platform. Flint Wealth may change these terms and conditions from time to time by posting the new terms on this website.

The Platform Terms and Conditions govern the use of the Platform only and are in addition to any other agreement you may have in place with Flint Wealth or any of its related companies relating to the provision of services to you. The provision of administration and custodial services connected with the Platform is governed by the Client Agreement, which is available at https://app.flintwealth.com/setting/legal/client_agreement.

If there is any conflict or inconsistency between these Platform Terms and Conditions and the other agreements, the terms of those other agreements will prevail to the extent of that conflict or inconsistency.

The privacy policy applicable to your use of the Platform ("Privacy Policy") will apply to any of your personal information that is collected, disclosed and/or used by Flint Wealth through the Platform. Flint Wealth may change the Privacy Policy from time to time. The privacy policy can be found at https://flintwealth.com/privacy-policy.

You agree that your use of the Platform indicates your acceptance of these Platform Terms and Conditions.

Platform

The Platform is operated by Flint Wealth, a company incorporated and existing under the laws of New Zealand whose registered office is at Level 9, Spark Centre, 42-52 Willis Street, Wellington 6143, New Zealand. Flint Wealth is regulated in New Zealand by the Financial Markets Authority and registered as a Financial Service Provider (FSP Number: FSP740913).

The information contained on the Platform has been prepared under New Zealand law for the supply of these products and services in New Zealand only.

The information on the Platform is designed to provide general information for New Zealanders only and does not take into account any individual's particular circumstances. It is not intended to provide financial advice for the purposes of the Financial Markets Conduct Act 2013. You should not solely rely on the information contained in this Platform when making investment decisions. Flint Wealth does not provide investment advice. Information made available on the Platform does not take into account your investment needs or personal circumstances. If you are unsure about the suitability of a particular investment, we encourage you to contact your financial adviser. Potential investors should also consult the relevant Product Disclosure Statements or other investment documents provided by the relevant issuer.

The information on the Platform is not intended to be comprehensive or complete, may not be up-to-date and should not be relied on as such. To the extent permitted by law, we do not assume or accept any responsibility or liability in relation to either the availability of the Platform or the information on it.

To the extent permitted by law, none of Flint Wealth, your custodian or any of their related companies, or any of their directors or employees accept any liability for the reliance of any person on information contained on the Platform.

The information, material and content provided within the Platform may be changed at any time without notice. We may also make changes to these terms and conditions at any time without notice by updating these pages. You should review this section of the website whenever you access the Platform and your continued access to or use of the Platform shall constitute proof of such review and your agreement to the latest published version of these Platform Terms and Conditions. If you do not agree with the relevant changes, you can cancel our services and terminate your agreement with us, in accordance with the Client Agreement. Flint Wealth reserves the right at its discretion to refuse to open an Account (as defined in the Client Agreement) on the Platform, and to close an Account by notice to you.

Login Details

You acknowledge that access to the Platform is provided by entering your username and password ("Login Details"). You must at all times do everything necessary to keep your Login Details confidential and to protect your Login Details from disclosure to any other person, which includes:

taking all reasonable steps to avoid being observed when entering your Login Details;
not leaving your computer unattended when signing on to the Platform;
not giving your Login Details to anyone;
not keeping a written or electronic record of your Login Details;
using strong passwords and (without limiting the foregoing) not creating a password that represents a name, birth date, telephone number or anything else which could be associated with you; and
immediately changing your Login Details if you suspect that they may have been compromised.

You acknowledge that you will use reasonable endeavours to safeguard your Login Details and any other of your online personal and product information, including by using up-to-date internet security software and operating system updates.

Any action or request made by the user accessing the Platform using your Login Details ("Instruction") will be deemed to have been made by you. You will be responsible for all Instructions and any consequential transactions using your Login Details whether authorised by you or not. Neither Flint Wealth or your custodian will be liable for acting on an Instruction.

You must not attempt to access any information that does not relate to you and you must notify Flint Wealth immediately if you become aware of any such unauthorised access or attempted access of that information.

You must notify Flint Wealth immediately if you become aware or suspect that your password has been stolen, lost or forgotten. You can reset your password using the login process on the Platform.

Upon request by Flint Wealth for any reason, you must immediately change your password. Flint Wealth will never ask you to provide your password.

Access and Use

Access to all or part of the Platform may be temporarily unavailable during scheduled maintenance periods.

Your use of the Platform may be interrupted, varied, suspended or cancelled by Flint Wealth at any time without notice.

Flint Wealth may change the format and content of the Platform at any time.

The Platform may contain links to websites controlled by third parties. Flint Wealth does not endorse the content of any third-party websites and disclaims any liability for any information, materials, products or services posted or offered on those websites.

You must ensure that your access to the Platform is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Flint Wealth does not accept responsibility for any interference or damage to a computer system which arises in connection with your use of the Platform or any linked website.

The parties acknowledge and agree that, notwithstanding termination of your access to, and use of, the Platform, all provisions under these terms and conditions that are intended to survive any such termination, shall survive that termination.

Payments

The Platform may include functionality to make payments. Depending on the payment method (e.g. direct debit or third party payment gateway), you may be required to provide additional authorisations (such as a direct debit authority) or agree to other terms (such as a payment gateway provider's terms) in order to use the functionality.

If you make a payment on the Platform, and that payment is later dishonoured or reversed (e.g., by your bank), we are authorised to sell investments held for you on the Platform to recover any amount, or recover that amount directly from you.

We will only pay withdrawals to your nominated bank account, as provided by you to us in the application form you sign when you join the Platform, or that you later advise us in writing will apply to your Account.

Platform data and information

The data that is displayed on the Platform is subject to the disclaimers set out in the relevant report or on the relevant screen in the Platform. To the extent permitted by law, Flint Wealth expressly disclaims all warranties (either express or implied) regarding reliability, timeliness, completeness or accuracy of the information that is available on the Platform at any particular time.

You must not give, on-sell, or make available, to another person any data or information (whether electronic or otherwise) from the Platform without Flint Wealth’s written permission.

You acknowledge and agree that you are responsible for all information submitted by you to the Platform and that Flint Wealth is entitled to rely on the accuracy of that information and (subject to its identity verification obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009) is under no obligation to verify the accuracy, or otherwise, of any information.

Flint Wealth will take reasonable steps to protect your personal information, in accordance with the Privacy Policy. However, Flint Wealth does not warrant and cannot ensure the security of any information which you transmit to the Platform. Any information which you transmit is transmitted at your own risk.

Electronic communications

If you provide your email address to Flint Wealth, you consent to receiving electronic communications (including email) from Flint Wealth about the Platform and any additional products and/or services that may be of interest to you.

You may unsubscribe from receiving electronic communications from Flint Wealth at any time by contacting Flint Wealth and requesting that you be unsubscribed from the relevant electronic communication, or, in respect of commercial electronic messages, by using the unsubscribe link in the electronic communication.

Intellectual Property

Except where otherwise stated, the intellectual property rights relating to the Platform are owned by Flint Wealth or its licensor(s). You are granted a non-exclusive, non-transferable, licence for the period during which you have an active Account, to access the Platform via the internet. The granting of access to the Platform by Flint Wealth does not create or imply a licence or permit you to reproduce, download, transmit and/or distribute this content in any form or by any means other than as permitted under these Platform Terms and Conditions or as authorised in writing by Flint Wealth. All rights are reserved.

You may not in any form or by any means:

adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Platform or its software, or any data or information contained within the Platform (other than as necessary to view the data and information using the Platform during the relevant browser session); or
commercialise any information, products, software or services obtained from any part of the Platform without Flint Wealth’s express written permission.

You must not attempt to access the software or computer systems supporting the Platform.

Nothing displayed in the Platform should be interpreted as granting you any right to use or distribute any copyright, names, logos, trademarks, or service marks.

Legal Disclaimer, Limitation of liability and Indemnity

You are responsible for your Account and your access to and use of the Platform.

To the maximum extent permitted by law, you agree that:

You are fully responsible for your investment choices, and we are not responsible for how your investments perform.
You have not relied on any representation by us (other than set out in these Platform Terms and Conditions, the Privacy Policy and the Client Agreement) and we have no responsibility of any kind to you if you have.
Any information we provide to you is general only and is not financial advice for the purposes of the Financial Markets Conduct Act 2013, and we have no responsibility of any kind to you for any investment decisions you make that rely on this information.
You assume full responsibility for any cost, loss, damage, expenses, taxes or fines in any way related to your access to or use of the Platform.

Except to the extent required by law, Flint Wealth makes no representations or warranties, express or implied, that the Platform is fault free or as to the continuity, accessibility, reliability or efficiency of the Platform prior to, during or after your acceptance of these terms and conditions, or the suitability of the Platform to your needs or the particular functionality of the Platform and will accept no responsibility arising in any way (other than negligence or deliberate conduct of Flint Wealth or its employees) for errors in, and omissions or otherwise for any loss or damage of any kind at all arising directly or indirectly out of the provision or use of, or inability to use the Platform.

Flint Wealth shall not be liable for any indirect or consequential costs, losses, damages or other liabilities incurred or suffered by you in connection with your use of the Platform or otherwise in connection with these Platform Terms and Conditions. Flint Wealth shall not be liable to you for any other loss or damage (except to the extent it is caused by the negligent of deliberate conduct of Flint Wealth or its employees) where such liability arises from or in connection with:

your breach or failure to comply with these Platform Terms and Conditions;
your use of the Platform;
any delay or loss of access to, or use of the Platform at any time (including as a result of any scheduled downtime for maintenance and upgrades, or issues with third party service providers);
any fault or error in the design, content or engineering of the Platform;
malfunction of any equipment or system, or any telecommunications link failure;
any computer viruses; or
any cause or event beyond Flint Wealth’s reasonable control.

You agree to indemnify Flint Wealth and its directors, officers, employees and contractors from and against all loss, damage, injury and expenses, (including legal expenses on a full indemnity basis) arising either directly or indirectly from:

a breach by you of these Platform Terms and Conditions;
any of their reliance on any information you have provided or submitted to the Platform; or
your fraud, negligence or wilful misconduct.

If any provision of these terms and conditions is unlawful, void or unenforceable for any reason, then if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are severed or in any other case the provision is severed and the rest of these terms and conditions will continue to be legal and enforceable.

If Flint Wealth does not exercise or enforce any right available to it under these terms and conditions or otherwise arising at law or in equity, this will not constitute a waiver of those rights.

These terms and conditions are governed by New Zealand law and are subject to the exclusive jurisdiction of the New Zealand courts.

To the fullest extent permitted by law, Flint Wealth accepts no responsibility for the compliance of the Platform, or the information contained in it with the laws of any country other than New Zealand.

For the purposes of Subpart 1 of Part 2 of the Contact and Commercial Law Act 2017, all disclaimers and limitations of liability in these Platform Terms and Conditions are for the benefit of Flint Wealth.

Contact

For further information, please contact Flint Wealth at hello@flintwealth.com