Sharesight Terms of Use
In these Terms of Use "we", "us" and "our" refer to Sharesight Limited and "Sharesight" refers to the internet site at www.sharesight.co.nz or any other site operated by us, together with the software and any information that can be accessed on those sites.
These Terms of Use set out the terms on which we grant you non-transferrable access to and use of Sharesight and constitute the entire agreement between you and us.
We plan to develop Sharesight over time and these Terms of Use will apply to any changes to Sharesight. We reserve the right to revise our Terms of Use from time to time without further notice and you agree that you will be bound by the Terms of Use displayed on Sharesight at any given time.
1 Your Obligations
1.1 You may only access and use Sharesight for your personal non-commercial use and you are responsible for all activity on your account.
1.2 You must ensure that all information provided by you during the sign-up process is true and correct to the best of your knowledge and belief.
1.3 You must ensure that your access to and use of Sharesight is not illegal or prohibited by laws which apply to you.
1.4 You must take your own precautions to ensure that the process which you employ for accessing Sharesight does not expose you to risk of viruses or other forms of interference which may damage your computer system.
1.5 You must not do anything which is inconsistent with the intellectual property rights which subsist in Sharesight including reproducing or re-supplying information obtained from Sharesight.
1.6 You must make reasonable efforts to investigate and diagnose technical problems before contacting our help desk.
1.7 You must not attempt to gain unauthorised access to any information, or attempt to undermine the security, integrity or functionality of Sharesight.
2 Our obligations
2.1 We acknowledge that the data entered by you is your property and we will not use, nor make available for use, any of this information without your express permission unless required by law to do so.
2.2 We will only use the information entered by you and imported on your behalf for the purpose of analysing patterns of usage of Sharesight across all customers. We will not look at your detailed share data without your express permission.
2.3 We will not disclose any information collected during the sign-up process (such as your name and contact details) to any third parties without your consent except where we consider it necessary to investigate suspected violations of our Terms of Use or as required by law.
2.4 We will ensure information submitted on the login and signup pages is transferred between you and our servers using 128 bit SSL encryption or similar.
2.5 Your credit card details will be encrypted and securely stored by Direct Payment Solutions Limited to enable us to automatically bill your credit card on a recurring basis. We will not store or have access to your credit card details.
2.6 We will adhere to accepted industry practices and procedures for preventing data loss, including a daily system back-up regime.
3 Disclaimer and Limitation of Liability
3.1 To the maximum extent permitted by law, we disclaim all warranties, either express or implied, with respect to the website including but not limited to, warranties of accuracy, non-infringement, completeness, timeliness, currency, accessibility, security, merchantability or fitness for any particular purpose. Without limiting the foregoing:
a access is provided on an "as is" and "as available" basis - we do not warrant that Sharesight will operate in an uninterrupted or error-free manner and we will not be responsible for the results of any actions taken in reliance on Sharesight; and
b information which is transmitted to or from you is transmitted at your sole risk and we do not accept any responsibility for any interference or damage to any computer system which arises in connection with you accessing Sharesight.
3.2 To the maximum extent permitted by law, we exclude all liability in contract, tort (including negligence), or otherwise, for any loss (including loss of data, profits or savings) or damage resulting, directly or indirectly, from the use of, inability to use, or reliance on Sharesight. If you are not satisfied with Sharesight, your sole and exclusive remedy is to terminate this Agreement in accordance with clause 4.3.
4 Termination
4.1 We may discontinue or suspend your account immediately if you have breached these Terms of Use. We may also suspend your account if we suspect that you have breached or will breach these Terms of Use. You will not be entitled to a refund if we discontinue or suspend your account under this clause 4.1.
4.2 We may also discontinue or suspend your account, or reduce the services available to you, by giving you one months notice.
4.3 You may cancel your account if we materially breach these Terms of Use.
4.4 Where we discontinue or suspend your account or reduce the services available to you under clause 4.2 or where you cancel your account under clause 4.3, you may (at our sole discretion) be entitled to a partial refund.
5 Disputes
5.1 Where any dispute or difference arises in relation to Sharesight or these Terms of Use, either party may require, by giving written notice (which may be by email) to the other party that the dispute or difference be referred to mediation by a single mediator. If the parties do not agree on a mediator within 5 working days of the referral to mediation, either party may request the Arbitrators and Mediators Institute of New Zealand to appoint a sole mediator. The cost of the mediation will be shared equally between the parties.
6 General
6.1 These Terms of Use represent an entire agreement and supersede any prior representation, warranty, agreement or understanding. No amendment, modification or variation to these Terms of Use will be binding on us unless agreed in writing.
6.2 The illegality or unenforceability of any provision in these Terms of Use will not affect the legality or enforceability of any other provision.
6.3 These Terms of Use will be governed by and construed in accordance with the laws of New Zealand and the parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.
