Your use of this website and the materials on this website (the “Site”) is subject to the following terms and conditions (“Terms”). You must read the Terms carefully before using the Site. By using the Site you confirm that you have read and understood the Terms and that you agree to be bound by them. The Terms form a legal agreement between you and Sterling House Trust. We may amend the Terms at any time. Use of the Online Client Section (as defined below) shall be subject to separate terms and conditions which you will be required to agree to if you wish to use the Online Client Section. Access to the Site is permitted on a temporary basis and we reserve the right to withdraw the Site and/or your access to the Site at any point without notice. We will not be liable to you in the event that the Site is not available at any time.
The Terms are issued by Sterling House Trust (New Zealand) and having its registered office at 202 Parnell Road, Parnell, Auckland 1151, New Zealand (“we”; “us”; “our” or the “Company”).
Definitions
In the Terms, the following words and phrases shall have the following meanings:- “Client” means an individual / SPV that is the Client of Sterling House Trust.
“Client Content” means the content of the Online Client Section that allows Clients to access information about their own assets and general information about the Company and its products and services.
“Data Protection Laws” means the New Zealand Privacy Act of 1993.
“Personal Data” has the meaning given to the term in the Data Protection Laws and includes sensitive personal data.
“you” or “your” means you, the person entering into the Terms with us.
Use
The information contained within the Site does not constitute financial, professional or investment advice. Professional and relevant advice should be sought by you prior to any financial or investment decisions being made by you. The Site is provided for information purposes only and does not constitute an invitation to acquire an investment on the basis of information given here or elsewhere. The Site does not purport to give investment advice and it is important that you do not rely upon its contents to make investment decisions. The Site should not be regarded as an offer or solicitation to sell investments in any jurisdiction. Information and materials on the Site are not intended to provide advice and no reliance should be placed on them and we disclaim all liability arising from such reliance to the fullest extent permitted by law. The Site is published and owned by Sterling House Trust.
General
In the Terms, references to the singular include references to the plural and vice versa. In the event that any part of the Terms is held invalid by a court of competent jurisdiction, this shall not affect the remaining parts of the Terms which will remain in full force and effect. A person who is not a party to the Terms has no right to rely upon or enforce any part of the Terms whether under legislation or otherwise.
No waiver by us of any part of the Terms will be construed as a waiver of any preceding or succeeding breach of any of the Terms. We have the right to assign, transfer or novate any part of the Terms to any third party. You do not have the right to assign, transfer or novate any part of the Terms to any third party. References to legislation shall include that legislation as amended or re-enacted and shall include all secondary legislation made thereunder.
Information
The Site contains general information about the services of the Company. The Company takes all reasonable steps to ensure that the information on the Site is accurate and up to date. However, we accept no liability for any errors or omissions on the Site or the information contained in the Site. The Company does not and cannot give tax advice and shall have no liability for any loss suffered by any person as a result of action taken from the information and materials on the Site. Tax legislation varies from country to country and as such, specialist tax and legal advice should be taken before any investment is made or tax strategy implemented. Whilst we try to keep the material on the Site up to date, we will not be liable to you or to any other party for the consequences of any delays, errors or omissions in doing so. We reserve the right from time to time to alter any part of the Site including, without limitation, product information or information made available on the Site. We do not guarantee that the Site or the information on the Site will be available continuously and without interruption or fault and we may suspend or withdraw the Site at any time and for any reason. We will process your Personal Data in accordance with our Privacy Policy below.
Access
We have the right to terminate or restrict your access to the Site at any time. The Terms shall continue to apply after termination of your access to the Site. You may not reproduce any part of the content of the Site without our prior written consent. You may not publish, copy, distribute, modify, transmit, or reproduce in any form (whether in hard copy, electronic or other) or otherwise use the information and materials on the Site for any purposes other than those set out in the Terms. You must not: use the Site for any illegal purpose or in any manner inconsistent with the Terms or applicable law; interfere with the proper operation of the Site or take any action which is likely to cause the service provided by the Site to be interrupted or degraded; attempt to gain unauthorised access to our computer system or that of any other user; or misuse the Site by knowingly introducing any virus, worm, Trojan horse or other malicious or harmful technology.
Third party suppliers
From time to time products and services provided by third party suppliers are mentioned. Whilst every care is taken in selecting the products, services and the suppliers, we make no warranties, representations or undertakings in respect of them, and we will not be liable or responsible to you for any costs, losses, liability, claims or damages of any kind, whether direct, indirect, consequential, special or otherwise, arising from you taking advantage of any such product or service, and your sole remedy shall be against the third party supplier in question.
Force Majeure
We will not be liable or responsible to you for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; difficulties in obtaining financial market data; impossibility of the use of public or private telecommunications networks; delays, losses, errors or omissions in or made by the postal or other delivery service or by the banking system; the acts, decrees, legislation, regulations or restrictions of any government or our regulator; failure of any telecommunications system.
Privacy
We will obtain Personal Data from you through the Site and in other ways also. Any Personal Data you provide will only be used for: the purpose of providing services; administration purposes; to respond to any enquiry, request for information or complaint; to provide any requested or relevant information and/or to contact you in connection with your request, query or complaint; analytical purposes.
We will keep your data including Personal Data for a reasonable period, even if you do not proceed to take out a service with us. By providing us with Personal Data, you consent to the Personal Data being used for these purposes including any sensitive Personal Data such as health details that you provide.
We may also obtain information from third parties about you for the purposes of identification, verification of identity, anti-money laundering checks, prevention of fraud, prevention of terrorist financing and credit reference checks. Information obtained in this way will be processed for administration purposes only. We may collect information automatically about your visit to the Site. This information is used to: monitor access and use of the Site, and allows us to gather broad demographic information, which will help us to regularly improve the Site. We may disclose aggregated information regarding demographics to third parties for reporting and analysis purposes. This information will be anonymous and will not contain information from which any individual can be identified. If you supply an email address to us, we retain the content of the email and our response. There is no guarantee that any email you send will be received by us or that the contents of the email will remain private in transmission. If you have any concerns, you may prefer to contact us by telephone or in writing instead. We reserve the right to review the contents of any archives, data or code resident on our systems and the Site.
Where you provide us with information about another person, you confirm that they have appointed you to act for them to consent to the processing of their Personal Data and that you have informed them of our identity and the purposes for which their Personal Data will be processed. Any information including Personal Data you provide to us or that we obtain about you may be shared with other companies both inside and outside of our group, including our reinsurers and financial intermediaries, third parties acting on our behalf and/or agents acting on your behalf. Your Personal Data may be transferred outside of New Zealand, the European Economic Area and/or other countries and you consent to such transfers. We may be obliged to disclose your Personal Data to our regulator and to others as required by law. We may pass your Personal Data to any third party that is acquiring any part of our business. You hereby consent to us sending you marketing materials and/or passing your Personal Data to third parties to allow such third parties to send their marketing materials to you.
We collect information automatically about your visit to the Site using cookies. Your use of the Site is your consent to our use of cookies. If you do not consent to our use of cookies on the Site, you must stop using the Site.
Client Section
Access to the Online Client Section is restricted and subject to our approval. In addition, in order to access your login to the Online Client Section, we require two pieces of information from you to verify that you are authorised to view the details. Firstly a user name is required, secondly a password is needed. Only once the two parts of the data are confirmed as being correctly entered will we allow you access to the Online Service Centre. You can change your password at any time.
All our online transactional services are protected by ‘firewalls’ and generally accepted business security systems for doing business over the Internet. However, no technology can be entirely and totally secure and if you are not completely sure of the safety of your connection, you should not use the Site.
IP
All intellectual property rights in and to the Site including, without limitation, the Site layout, designs, text, images, graphics, any underlying databases and the information and material on the Site are the exclusive property of the Company and no rights will pass to you other than the restricted rights of use set out in the Terms. You agree not to alter or remove any copyright notice, trade mark or any other proprietary rights notice or mark from any of the material or information contained within the Site. The Company’s logos, devices, name are trademarks of the Company. You shall not reverse engineer, amend, decompile or copy any part of the Site other than as expressly allowed in the Terms or as permitted by law.
Links to other websites
We may provide hypertext links to third party websites through the Site and we may display advertisements from third parties on the Site. These websites are not covered by our Privacy Policy and we are not responsible for the content or privacy policies of these websites and third party advertisers, or for the way in which information about their users is treated. In particular, unless expressly stated, we are not agents for these websites or advertisers nor are we authorised to make representations on their behalf. We would advise you to look at the privacy statement applicable to each website. We have no control over the third party websites that you can access by hypertext link through the Site. These websites are not covered by the Terms and we are not responsible for the content or the way in which information about their users is treated. By providing a link, we are not endorsing or indicating our approval of the content of that website nor are we authorising you to access and use any information held on that website. We make no warranties, representations or undertakings about and accept no liability whatsoever (including, but not limited to, liability arising out of any allegation that the content of any other website is misleading, inaccurate, defamatory or otherwise infringes any law or the rights of any person or entity) for any other website referred to on, or accessed through, the Site.
Liability
You will indemnify us and keep each member of our group indemnified against any and all claims, damages, losses, liabilities and costs arising from and in connection with your use and/or abuse of the Site and/or your breach of the Terms.
Disclaimer
The information and materials contained within the Site has been compiled in good faith; all warranties, representations and undertakings, whether express or implied, statutory or otherwise, including but not limited to warranties of satisfactory quality, accuracy, fitness for a particular purpose and of non-infringement of the rights of a third party, are hereby excluded to the fullest extent permitted by law. We make no representations regarding the availability of the Site and shall have no liability for any loss whatsoever arising from your use of the Site. We make no representations that the Site or the materials contained within the Site will be free from errors. To the extent permitted by applicable law, we make no warranties, representations or undertakings that the Site or any material on the Site will be free from viruses, denial of service attacks or other defects. We recommend that you take your own precautions to ensure that whatever you select for use from the Site is free from computer viruses or other defects. We and other members of our group hereby exclude to the fullest extent permitted by law:-
-all conditions, warranties and other terms which may be implied by statute, common law or otherwise in relation to the Site;
-any and all liability for any direct, indirect, consequential loss or damage incurred in connection with the Site, inability to use the Site, results of use of the Site, any websites linked to the Site and any materials on the Site or contained in the Site, including without limitation, any liability for loss of income or revenue, loss of business, loss of profits, loss of anticipated savings, loss of data, loss of goodwill, wasted management time and for any other loss or damage of any kind and howsoever arising and whether arising under tort (including negligence), contract or otherwise.
We do not exclude liability for death or personal injury caused by our negligence or for any other liability we cannot exclude by law.
Links to Company websites
Anyone linking to this or any other Company website must obtain written permission from us before doing so.
Jurisdiction
The Site and the Terms are governed by New Zealand law and any dispute or action arising out of the use of the Site and/or the Terms shall be determined exclusively in accordance with the laws of the New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts.