Thursday, 23 October 2014

Terms and Conditions

These terms and conditions apply to the contract between Findata Limited ("FinData") and all users of FinData Services and Software. Please read these Terms and Conditions carefully; they impose legal obligations on you. By using the Services, you are acknowledging that you have read and understood these Terms of Service and agree to be legally bound by them.

1. DEFINITIONS

The following terms shall have the following meaning:
FinData Information means any information made available to the User through the Services;
Registered Person means a person that has registered to obtain the Services that are available free of charge;
Related Companies has the meaning ascribed to that term by section 2(3) of the Companies Act 1993;
Software means any software provided to the User and includes any documentation provided with or in respect of that software;
Services means those of the services provided by FinData and selected by the User;
Subscriber means a person that has subscribed to obtain Services, for which certain subscription fees as notified to the User are payable;
User means either a Registered Person or a Subscriber as the context requires;
Website means www.findata.co.nz.

2. PROVISION OF SERVICES

2.1 FinData shall make commercially reasonable efforts to make the Services always available to the User and shall restore the Services as soon as reasonably possible in the event of any interruption. FinData shall not be liable for any failure to provide the Services.
2.2 FinData does not warrant that the Services or the FinData Information will be error free or uninterrupted.
2.3 FinData grants each User of the Software a personal, non-exclusive, non-assignable licence to use the Software.

3. BUSINESS PURPOSES

These terms and conditions apply to both private and business use of the Services and the Software. If the User is acquiring the Services or the right to use the Software for business purposes (as defined in the Consumer Guarantees Act 1993) then the Act does not apply.

4. INTELLECTUAL PROPERTY

All intellectual property in or relating to the provision of the Services or the way in which the FinData information is provided and in the Website is owned by or licensed to FinData or its Related Companies.

5. USE OF INFORMATION

The User is permitted to store, manipulate, analyse, reformat, print and display the FinData Information and use the Services only for the User's personal use. In no event shall the User publish, sell, lease, disseminate, retransmit, redistribute, broadcast, circulate or otherwise reproduce, provide or permit access to any FinData Information or the Services in any format to anyone. Except as permitted by this clause, no User shall use any FinData Information or any of the Services in or in connection with any business or for providing a service to any person including without limitation any securities, investment, accounting, banking, legal or media business or enterprise or service.

4. GENERAL INFORMATION ONLY

The User acknowledges that the FinData Information and the Services are provided in respect of general securities information only and are not intended for any particular User.

5. LINKS

FinData is not responsible for the content of any third party web site linked to the Website and does not make any representation about the content or accuracy of the content of third party web sites. FinData does not endorse or recommend any particular organization, individual, product, process or service that is linked to the Website.

6. NO WARRANTIES

FinData does not give any warranties (including, without limitation, as to merchantability or fitness for a particular purpose or use). Without limitation to this clause, FinData does not warrant that access to the Website will not expose the User to viruses or other harmful items and no assurance can be given that the Website or any linked website will not harm or cause loss to the User, or the User’s computer or network.

7. ACCESS TO THE SERVICES

7.1 The User shall have a username and password (specified by the User) that enables the User to access the Services.
7.2 The User is responsible for maintaining the confidentiality of the username and password and is not entitled to disclose the username or password to any other person.

8. USE OF PERSONAL INFORMATION

8.1 If the User is an individual, FinData and its agents are authorised to collect information about the User, including information about the User’s creditworthiness. This information may be used for enabling access to the Services, statistical analysis, research and marketing purposes.
8.2 Under the Privacy Act 1993 the User can request access to and correction of any personal information held by FinData about the User. Any such request must be in writing and FinData, at its discretion, may charge for any costs reasonably incurred in responding to such a request.

9. TERMINATION

Without prejudice to any other rights, FinData may without notice terminate its contract with the User immediately if the User fails to pay any applicable subscription fees or to comply with any of these terms and conditions, or if FinData ceases to supply any Services.
Subscribers who wish to terminate their subscription to Services must provide at least 30 days notice in writing. Fees paid in advance are not refundable.

10. PAYMENT

Payment for monthly Services is due in advance on or before the first day of each month.

11. REFUNDS

FinData does not allow refunds or exchanges on any of its products or subscriptions. All sales are final.

12. EXCLUSION OF LIABILITY

To the maximum extent permitted by law, FinData excludes all and any liability to the User arising out of the contract between FinData and the User. Notwithstanding and without limiting any provision of these terms and conditions, any claim brought by the User against FinData must be served within one year following the date on which the cause of action accrued.

13. INDEMNITY

The User indemnifies FinData against all and any losses, costs (including legal costs on a solicitor client basis), expenses and damages, whether direct or indirect, arising from or in connection with a claim by a third party against FinData relating to Services obtained by the User.

14. ASSIGNMENT

The User may not assign its rights under the contract between FinData and the User.

15. SEVERABILITY

If any provision of these terms and conditions is found to be invalid or unenforceable to any extent, the remainder of the terms and conditions shall not be affected and shall remain enforceable to the greatest extent permitted by law.

16. AMENDMENTS

FinData reserves the right to alter pricing for products and services and these terms and conditions at any time. FinData will endeavour to provide reasonable notice to the User of any variation by posting the new pricing or terms and conditions on the Website and/or by writing to the User at the last postal address, facsimile number or email address which the User has notified to FinData.

17. GOVERNING LAW AND JURISDICTION

These terms and conditions are governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.