| Phone: | 09 375 5998 +64 9 375 5998 (International) |
| Email: | enquiries@linkmarketservices.co.nz |
| Fax: | 09 375 5990 +64 9 375 5990 (International) |
| Postal Address: | PO Box 91976 Auckland 1142 |
By purchasing your Annual Taxation and Balance Summary (the “Summary”) online you acknowledge and agree that you have read and understood these terms and conditions and that you agree to be bound by them.
Authority to register security holder and amend security holder details
By purchasing the Summary online through you warrant that you are either the security holder, one of the joint security holders or a duly authorised officer, representative or attorney of the security holder and that you have the authority to purchase and download the Summary online. If your authority is under a power of attorney, you warrant that the relevant power of attorney or a certified copy of it has been previously provided to Link ("Link"). If your authority is under a Letter of Engagement (or similar), you warrant that the relevant Letter of Engagement or certified copy is current and held by you.
Limitation of content of the Summary
The information contained within the Summary is limited to security holdings you hold in companies for which Link is the security registry provider. This may not constitute a full record of your security holdings and Link makes no guarantee of the completeness of this information. In producing the Summary, you acknowledge that Link is entitled to rely on information provided to it by you in the online application website.
Disclaimer and Limitation of Liability
The Summary contains information held by Link as a registry provider in addition to information obtained from various third parties (including, but not limited to, the Close Price information in the Balance Summary section of the Summary). While Link endeavours to ensure the reliability of the information provided within the Summary, it makes no representations, warranties or guarantees, whether express or implied, that the content within the Summary is accurate, complete, up-to-date, or fit for any particular purpose.
Except for warranties that cannot be excluded by law, no warranty either express or implied is given by Link in respect to the Summary. To the fullest extent permitted by law, in no event will Link be liable for any loss or damages, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with the Summary or your use of or inability to use the Summary, including without limitation any errors or omissions in information contained in the Summary, even if Link is advised of the possibility of, or could reasonably expect, such damages, losses or expenses. To the extent permitted by law, any liability under any condition or warranty that cannot be excluded is limited at Link's option, to the re-supply of the services or payment for the same.
Acknowledgement that Summary does not constitute advice
The Summary is not intended to constitute legal, financial or other professional advice and should not be relied on or treated as a substitute for specific tax advice. Investors should seek appropriate independent advice prior to relying on the information contained within the Summary.
Intellectual property
All intellectual property (including all copyright, logos, trademarks and service marks) contained within this Summary (including text, graphics, logos, icons, other than issuer's trademarks or publications) is owned by, licensed to or controlled by Link. Other than as expressly provided for in these terms and conditions, you may not in any form or by any means:
Nothing displayed in the Summary should be interpreted as granting you any right to use or distribute any copyright, names, logos, trademarks or service marks. You must not attempt to access the software or computer systems supporting the online application website for the Sumamry.
Privacy Policy
By accessing and using the Summary, you acknowledge that you have read and consented to the terms of Link’s Privacy Policy, as amended from time to time, and that you have consented to the use of personal information in the manner described in that policy.
Amendment and Termination
Link may, in its sole discretion, amend these terms and conditions from time to time. Amendments will be effective immediately upon their publication. Your use of the Summary following the publication will constitute your agreement to be bound by the terms and conditions, as amended. Accordingly, we recommend that you review the Terms and Conditions periodically as well as prior to submitting or confirming the details of any personal information.
Indemnity
You indemnify Link and its directors, officers, employees and contractors from any loss or damages including without limitation direct or indirect, special, incidental or consequential damages and legal costs on a full indemnity basis arising from your breach of these terms and conditions.
Unenforceable provisions and severability
If any provision of these terms and conditions is, or is found to be, unenforceable or unlawful under applicable law, that will not affect the enforceability of the other provisions. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Governing Law
These terms and conditions are governed by the laws in force in New Zealand and you irrevocably submit to the exclusive jurisdiction of the Courts of New Zealand.