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Terms and Conditions and Legal Disclaimers

Client Terms & Conditions

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Website Terms & Conditions

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Superannuation Solutions and KiwiSaver

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Market Data

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Website Privacy Statement

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Security

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NZX Disclaimer

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Understanding Research Recommendations

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Company Disclosures

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Financial Services Guide

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Investment Banking Disclaimer

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Financial Advice Provider Disclosure Statement

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Client Terms & Conditions

We have updated our Client Agreement Terms and Conditions to:

  • include new clause 15 Unclaimed Custody Investments
  • include additional terms in clause 24 Termination of Custodial Services
  • include clause 40 Wholesale Client
  • remove clause 39 Guarantee
  • reflect minor wording changes throughout the document to align with the NZX Rules and current practice.

The updated Client Agreement Terms and Conditions will be effective on and from 03 November 2023.

Craigs Terms and Conditions – current

Website Terms & Conditions

Outlined below are the Terms and Conditions of access to, and use of, the Craigs Investment Partners website. Please click on each of the headings below for detailed information.

General

These Terms and Conditions apply to this website www.craigsip.com of Craigs Investment Partners Limited, (“CIP”, “we”, “us” or “our”). Please read these Terms and Conditions carefully.

By accessing this website and or using the information provided on or via this website you agree to be bound by these Terms and Conditions.

This website and the products and services have been designed in accordance with New Zealand laws and all users agree the courts of New Zealand have exclusive jurisdiction. The website is not designed for any other jurisdiction and is not an offer or solicitation in any other jurisdiction.

Use of this Website

The information provided on or via this website is for information only and should not be used as a substitute for any form of advice. The information on this website does not take into account your financial position, needs, goals or risk tolerance. Decisions based on this information are for your own account and risk. Before making any investment decision we recommend you contact your investment adviser and consider any applicable Product Disclosure Statement or other terms and conditions. For more information on Craigs financial adviser service, please see the Craigs Investment Partners Limited Financial Advice Provider Disclosure Statement.

Although we attempt to provide accurate, complete and up-to-date information which has been obtained from sources that we consider reliable, we make no warranties or representations, express or implied, as to whether information provided on or via this website is accurate, complete, up-to-date or suitable for your intended use.

We do not represent or warrant that this website functions without error or interruption or is free from viruses. Our website may be unavailable at our discretion.

Use of this website that may hinder the use of other Internet users, that can endanger or jeopardise the functioning of this website, affect the information provided on or via this website or the underlying software, or is in breach of any law is not permitted.

Third Party Information, Products and Services

Where we provide hypertext links to third party websites, such links are not an endorsement by us of any products or services provided on or via such websites. The use of such links is entirely at your own risk and we accept no responsibility or liability for the content, use or availability of such websites. We have not verified the truth, accuracy, reasonability, reliability, and completeness of any content of such websites.

Links to our website from other websites are not permitted without our prior written consent.

Intellectual Property

We (and our licensors) retain all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information provided on or via this website (including all texts, graphics and logos). You may not copy, download, publish, distribute or reproduce any of the information contained on this website in any form without our prior written consent or the appropriate consent of the owner. However, you may print and/or download information contained on this website for your own personal use and you are responsible for the security of the printed or downloaded information. You must not remove or hide any copyright or proprietary notices or terms of use on the copies or downloads.

Communication Online

Messages that you send to us by e-mail may not be secure. We recommend that you do not send any confidential information to us by e-mail. If you choose to send any messages to us via e-mail, you accept the risk that they may be intercepted, misused and modified by a third party. Any e-mail instructions to buy or sell securities are deemed to be given when acted upon or acknowledged by us. To learn more about cyber fraud please read our Cyber Security page.

Disclosure of Interest

The Directors of CIP advise that Craigs Investment Partners Limited and/or its partners and employees may, from time to time, have a financial interest in any securities recommended and that they may earn brokerage, commissions, fees and other benefits and advantages, whether pecuniary or not and whether direct or indirect, in connection with the making of a recommendation or a dealing by a client in these securities, and that some or all of our Investment Advisers may be remunerated wholly or partly by way of commission.

For more information on Craigs financial adviser service, please see the Craigs Investment Partners Limited Financial Advice Provider Disclosure Statement.

Superannuation Solutions and KiwiSaver

The Craigs KiwiSaver Scheme and Craigs Superannuation Scheme are managed by Craigs Investment Partners Superannuation Management Limited.

None of Craigs Investment Partners Superannuation Management Limited, The New Zealand Guardian Trust Company Limited (“the supervisor”), Craigs Investment Partners Limited (or any director of those entities) or any other person, guarantees the performance or returns of these products or the return of capital. Investments are subject to investment and other risks (including those set out in the Craigs Superannuation Product Disclosure Statement and the Craigs KiwiSaver Product Disclosure Statement).

Market Data

We may provide market data information from third party suppliers (including various exchanges). All or part of the market data information may be withdrawn or amended at any time.

You are not permitted to reproduce, redistribute, retransmit or disseminate all or part of the market data information. All rights in the market data information, including copyright, trademarks, patents or other intellectual property rights remain the property of us or the relevant third party supplier.

Without limiting the Exclusion of Liability clause in the Terms and Conditions to this website, neither we nor any of the third party suppliers make any guarantees as to, or have liability for the availability, timeliness, accuracy, completeness or correctness of the market data information or for delays, interruptions or omissions . Neither we nor any of the third party suppliers accept any liability (whether in tort or contract or otherwise) for any direct, indirect, special or consequential loss or damages or loss of profits arising from any unavailability, delay, inaccuracy, incompleteness or errors in the information. To the extent permitted by law, no warranties, conditions, undertakings or representations are made in relation to the market data information.

Copyright © 2023, Standard & Poor’s Financial Services LLC. Reproduction of S&P/NZX Indices, S&P 500 Index, or S&P/ASX Index in any form is prohibited except with the prior written permission of S&P. S&P does not guarantee the accuracy, completeness or availability of any information and is not responsible for any errors or omissions, regardless of the cause or for the results obtained from the use of such information. S&P DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event shall S&P be liable for any direct, indirect, special or consequential damages, costs, expenses, legal fees, or losses (including lost income or lost profit and opportunity costs) in connection with subscriber’s or others’ use of S&P/NZX Indices, S&P 500 Index, or S&P/ASX Index. For more information on any of S&P Indices please visit www.spglobal.com/spdji/en/,

Website Privacy Statement

This website is administered by Craigs Investment Partners Limited

When you visit this website we may collect personal information about you, either directly (where you are asked to provide the information such as part of an online signup process for certain products or where you otherwise provide the information to us) or indirectly through tracking your use of the website or otherwise. We will use this personal information in accordance with the purposes set forth in this Privacy Statement or contained in the applicable online form and the Privacy Act 2020. We recognise the importance of safeguarding the information collected.

You may decide not to provide your personal information to us. However, if you do not provide it, we may not be able to provide you with access to the website or certain parts of the website or you may not be able to fully utilise all of our products and services.

Purposes of processing

We collect and process information about customers and visitors to our website to conduct our business, administer your accounts, to comply with certain laws and regulations and to inform and make available products and services that may be of interest to you and for the development of web statistics. The information you provide may be viewable by our personnel (as appropriate), contractors and our service providers. The information will be used by us or our service providers to contact you when necessary, e.g. to notify you about functionality changes to the website and to offer or carry out services that you may find helpful (provided you have not opted out of receiving such services).

When you subscribe to one of our newsletters, the details you provide may be stored by us and in a secure third party database by our service providers. You will be asked to provide your name and email address so we can send you future electronic newsletters. When you unsubscribe to our newsletter, your details will be removed from the database.

When you apply for a financial product on our website your personal information will be collected and used in accordance with the terms and conditions applying to that product and this Privacy Statement.

When you appoint us to provide you with services your personal information will be collected and used in accordance with our Terms and Conditions and Disclosure of Money and Property Handling Procedures and this Privacy Statement.

We may also use personal information for other reason permitted under the Privacy Act (e.g. with your consent, for a directly related purpose, or where the law permits or requires it).

Holding of information

When you provide personal information it will be held by us and may be stored or accessed on our behalf (in New Zealand or overseas) by our service providers (such as those that provide data hosting services for us). We will store and keep your personal information secure in accordance with the Privacy Act 2020 and any service providers will be subject to our information security and privacy requirements.

Disclosure of information

We will generally not share personal information that is provided or collected through this website or other interactions with you (outside the Craigs Investment Partners group of companies and our service providers) unless it is necessary to do so for the purpose for which you gave us the information (e.g. to process an application or to chat to us via our online tools) or where you consent or as required or permitted by law.

Rights of access and correction

You have the right to find out from us whether we hold personal information about you, access that information and if applicable request correction of that information. This can be done by contacting us as set out below.

Please see our Client Agreement terms and conditions and the application forms for our products for more information about how we manage our client’s information, who we can disclose it to and rights of access and correction.

Cookies and Web Analytics

We may gather and analyse information regarding usage of this website, including domain name, the number of hits, the pages visited, previous/subsequent sites visited and length of user session. This information may be gathered by using a cookie. A cookie is a small text file placed on your hard drive by our web page server. You can choose whether or not to use a cookie by altering the settings of your browser.

The cookies are used to recognise you online and to gather information about your online activity and browsing habits (including the pages you have visited and the links you have followed). These cookies assist us to make our websites and the advertising displayed on the websites more relevant to you (i.e. by helping us tailor our content, marketing communications, offers and advertisements to your interests).

These cookies may be placed on our websites by carefully selected third parties on our behalf (with our permission) in order to help us (i) track the effectiveness of advertising and online marketing campaigns, (ii) measure referrals from third party sites to our website, (iii) conduct market research.

We also use other tools in order to understand and optimise user experiences, including but not limited to Google & Facebook’s Remarketing features. We may share the information we learn through advertising/targeting cookies with carefully selected third parties for these purposes, unless you disable or block cookies. For more information about advertising/targeting cookies and to understand your options, please visit http://www.aboutads.info/choices/. Please note this does not opt you out of being served advertising as you will continue to receive generic ads.

Third party sites

Please note that this Privacy Statement does not extend to third party sites linked to this website. We have no control over the content or privacy notice practices of such sites. We encourage you to review the privacy policies of such sites before engaging in any activity with them.

Commercial electronic messages

If you provide us with electronic contact details, you agree that we may send you commercial electronic messages (e.g. texts and emails) for any of the purposes set out in this Privacy Statement.

How to contact Craigs Investment Partners

If you have any questions about this Privacy Statement, your personal information or corrections to your personal information you can contact us via postal mail or via email:

Privacy Officer
Craigs Investment Partners Limited
Head Office
P.O Box 13155
Tauranga 3110
New Zealand

www.craigsip.com
compliance@craigsip.com

Amendments

We reserve the right to modify sections of this Privacy Statement at any time. Please check this statement from time to time for any changes.

This Privacy Statement was last updated on 15 March 2021.

Security

Security is a top priority and we have security methods and technologies in place to protect the details that you transmit over the internet, but no system can ever be guaranteed as 100% safe.

We may utilise services from one or more third party suppliers to manage our data and monitor or maintain the cyber security of our systems and information.  These third party suppliers will have access to monitoring and logging information as well as information processed on our websites and other IT systems.

Rapidly advancing technology and the open nature of the internet, for example, make it difficult to achieve watertight security. This is why you too must keep an eye on your own safety, especially when downloading files and supplying personal details on the internet. It’s wise for you to take some personal precautions, so we can both ensure that any risks related to using our website are kept to a minimum. We recommend you keep your technology up to date with current security systems and operating systems updates.

Passwords

You may apply for user names, passwords or PIN codes (Security Information) to access parts of our website. You are required to select a suitable password.

You are responsible for keeping your Security Information safe and agree not to share it with anyone else. You must not write your Security Information down or store it electronically (on your computer or phone). You should change your password regularly and password protect all devices (such as computers, phones or tablets) that access your personal information on our website. Do not leave your devices unattended while logged on to our website.

You must notify us immediately if your Security Information is used or becomes known by anyone else.

E-mail fraud and bogus websites

You may have heard of the term ‘phishing’. It refers to fraudsters ‘fishing’ for your personal and financial details to use for criminal purposes.

Criminals do this, for instance, by making identical copies of the websites of large reputable enterprises such as Craigs Investment Partners. They may also send scam e-mails in the hope of tricking you into surrendering your personal information.

Remember: We will never ask you for confidential information in this way.

How can I recognise a bogus website?

Whenever you are uncertain of whether the website on your screen is genuine, check the exact internet address, or URL. The URL of the corporate internet sites of Craigs Investment Partners end with craigsip.com. To make sure you have the correct URL, you can type it in yourself e.g. www.craigsip.com. That way, you avoid being directed to a bogus address by a misleading banner or link.

How can I recognise a scam e-mail?

Without using additional measures such as a digital signature, it is easy for fraudsters to imitate e-mails. But that doesn’t mean you can’t recognise scam e-mails. Cyber-criminals often place alarming, enticing or exciting subjects in their e-mails with the hope of tempting you to respond impulsively and divulge the requested information. So, always take your time to read the e-mail carefully. In case of doubt, it is better not to respond. If you do choose to respond, always first check that the e-mail is genuine by contacting the company that is the apparent sender, for instance, by telephone.

Remember: We will never ask you via e-mail to supply confidential information.

Must I keep sensitive information confidential?

Always be careful when asked for sensitive information such as account numbers, card numbers, PIN codes and address details. We will never ask you for this via e-mail. We always handle your personal information and security with the utmost care.

To learn more about cyber fraud please see URL: https://craigsip.com/cyber-security

Exclusion of Liability

To the extent permissible by law, neither we nor any of our third party suppliers shall be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary loss, damage, cost or expense including lost profits (even if we are advised of the possibility thereof) arising in any way from or in connection with any of the following:

  • your use of our website;
  • any unauthorised use of your Security Information;
  • the information provided on or via this website including any errors or omissions on the website or any reliance on the information, reports, statements, tools or calculators;
  • any defects, viruses and any other malfunctions caused to any equipment and other software in connection with access or use of this website;
  • the interception, modification or misuse of information transmitted to us or transmitted to you;
  • the functioning or non-availability of this website;
  • the misuse of this website;
  • the loss of data;
  • downloading or use of any software made available by this website, or
  • claims of third parties in connection with the use of this website.

The exclusion of liability is also made for the benefit of our directors, employees and related companies.

If for any reason we are found to be responsible to you for damage arising out of your use of this website our liability to you for all damages, losses and claims (including in contract, tort, negligence or otherwise) will be limited to the amount paid by you, if any, for accessing our website.

If you are a business or using this website for the purpose of a business, you agree that the Consumer Guarantees Act does not apply.

Amendments

We reserve the right to change the information and services provided on or via this website, including these Terms and Conditions, at any time and without notice. We recommend that you review the information provided on or via this website, including these Terms and Conditions, periodically for changes. Your use of the website following any changes to the website or the Terms and Conditions indicates your acceptance of the changes.

Governing Law

These terms and conditions are governed by New Zealand law and the New Zealand courts shall have exclusive jurisdiction.

 

NZX Disclaimer

NZX Limited, its directors, officers, employees, agents or contractors do not give any representation or warranty as to the reliability, accuracy or completeness of its data and shall not, under any circumstances, be liable in any way for any loss or direct, consequential, incidental, or special damages of any kind or any other damages howsoever arising out of or in connection with the data, its use and/or any error or omission in the data. To the fullest extent possible, NZX Limited excludes any and all liability connected with the use of or reliance on the data.

Understanding research recommendations

We classify securities as either Core, Supplementary or Niche. These classifications reflect our view on the role each security should play in an investment portfolio and signal how much of a portfolio should be invested in securities of each type.

Securities that we believe are more defensive, less volatile, and lower in risk are classified as Core. The next tier is rated Supplementary and higher-risk securities are classified as Niche.

For further information please see the Understanding research recommendations document.

Company Disclosures

Please click here to view the Company Disclosures List. The disclosures cover recent investment banking (Craigs is not a registered bank) services provided by Craigs Investment Partners Limited (CIP) or where there is an existing relationship between CIP and the company. Craigs is not a registered bank.

Financial Services Guide

Craigs Investment Partners Limited is the holder of an Australian Financial Services Licence (No. 363407 AFSL) issued by the Australian Securities & Investments Commission. The Financial Services Guide is an important document that provides information about the financial services and products that we are authorised to provide under our Australian Financial Services Licence.

Investment Banking Disclaimer

Craigs Investment Partners Limited is not a registered bank within the meaning of the Banking* (Prudential Supervision) Act 1989.

Financial Advice Provider Disclosure Statement

Please click here to download and view our Financial Advice Provider Disclosure Statement.

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