These Website Terms and Conditions govern the use of this website by each user (you), as provided and as authorised by Flint Wealth Limited ("Flint Wealth"). You agree that your use of this website indicates your acceptance of these Website Terms and Conditions.
Agreement
These Website Terms and Conditions provide information about the online platform accessible through this website ("Flint") and your responsibilities in accessing and using Flint through this website. It is important that you read and understand these terms before using Flint.
Each time you access or use the website at the URL [https://www.flintwealth.com] ("Website"), 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 Website. Flint Wealth may change these terms and conditions from time to time.
The Website Terms and Conditions govern the use of the Website only and are in addition to any other agreement you may have in place with Flint Wealth or its related companies relating to the provision of services to you. The provision of administration and custodial services connected with Flint is governed by the Client Agreement, which is available on the Website. If there is any conflict or inconsistency between these Website Terms and Conditions and the other agreements, the terms of those other agreements will prevail to the extent of that conflict or inconsistency.
Flint Wealth's privacy policy ("Privacy Policy") can be found here and will apply to any of your personal information that is collected, disclosed and/or used by Flint Wealth through the Website. Flint Wealth may change the Privacy Policy from time to time and will display any new policy on the Flint Website.
You agree that your use of the Website indicates your acceptance of these Website Terms and Conditions and that you authorise us and our related organisations to collect, use and share your information as outlined in the Privacy Policy.
Flint Website and Platform
The Website 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 Website has been prepared under New Zealand law for the supply of these products and services in New Zealand only.
The information on the Website is designed to provide general information for New Zealanders only and does not take into account any individual particular circumstances. It is not intended to provide financial advice for the purposes of the Financial Advisers Act 2008 or the Financial Markets Conduct Act 2013. You should not solely rely on the information contained in this Website when making investment decisions. Flint Wealth does not provide investment advice. Information made available on the website does not take into account your investment needs or personal circumstances, although we do ask questions to encourage you to think about these. If you are unsure about the suitability of a particular investment, we encourage you to get advice from a 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 Website is not intended to be comprehensive or complete, may not be up-to-date and should not be relied on as such. We do not assume or accept any responsibility or liability in relation to either the availability of the Website 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 this Website.
The information, material and content provided within the Website 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 Website and your continued access to or use of the Website shall constitute proof of such review and your agreement to the latest published version of these Website 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 a Flint Wealth Account on the Flint Platform, and to close a Flint Wealth Account by notice to you.
Login Details
You acknowledge that access to Flint is provided by entering your user name 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 Flint Platform;
- not giving your Login Details to anyone; and
- not keeping a written or electronic record of your Login Details.
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 of 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, Trustees Executors 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 website.
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 Flint Platform may be temporarily unavailable during scheduled maintenance periods as notified to you on the Flint Platform ahead of time.
Your use of the Flint 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 Flint Platform at any time.
The Flint 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 Flint Platforms 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 Flint 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 Flint Platform, this website or any linked website.
The parties acknowledge and agree that, notwithstanding termination of your access to, and use of, the Flint Platform, all provisions under these terms and conditions that are intended to survive any such termination, shall survive that termination.
Direct Debits, and payments to you
If you make a payment to the Flint Platform by direct debit, and that payment is later reversed by your Bank, we are authorised to sell Investments held for you on the Flint 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 Flint, or that you later advise us in writing will apply to your Flint Wealth Account.
Flint data and information
The data that is displayed on the Flint Platform is subject to the disclaimers set out in the relevant report or on the relevant screen in Flint. Flint Wealth expressly disclaims all warranties (either express or implied) regarding reliability, timeliness, completeness or accuracy of the information that is available on Flint 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 Flint Platform without Flint Wealth’s written permission.
You acknowledge and agree that you are responsible for all information submitted by you to the Flint 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 Flint 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 Flint 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.
Intellectual Property
Except where otherwise stated, the intellectual property rights relating to the Flint Platform will vest in, belong to, and remain the property of Flint Wealth or its licensor(s). The granting of access to the Flint 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 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 Flint Platform or its software; or
- commercialise any information, products, software or services obtained from any part of the Flint Platform without Flint Wealth’s express written permission.
You must not attempt to access the software or computer systems supporting Flint.
Nothing displayed in the Flint 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 Flint Wealth Account and your access to and use of the Flint 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 Website 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 Advisers Act 2008 or 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 Website.
Except to the extent required by law, Flint Wealth makes no representations or warranties, express or implied, that the Flint Platform is fault free or as to the continuity, accessibility, reliability or efficiency of the Flint Platform prior to, during or after your acceptance of these terms and conditions, or the suitability of Flint to your needs or the particular functionality of the Flint 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 Flint Platform.
Flint Wealth shall not be liable for any direct or indirect costs, losses, damages or other liabilities (except to the extent it is caused by the negligent of deliberate conduct of Flint Wealth or its employees) incurred or suffered under these terms and conditions where such liability arises from or in connection with:
- your breach or failure to comply with these Website Terms and Conditions;
- your use of the Flint Platform;
- any delay or loss of access to, or use of Flint 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 Flint 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 Terms and Conditions;
- Flint Wealth’s 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 Flint Platform, or the information contained in it with the laws of any country other than New Zealand.
Contact
For further information, please contact Flint Wealth using the details set out below:
Level 9, Spark Central, 42-52 Willis St, PO Box 10-519, Wellington 6143