These Terms of Service ("Terms") govern your access to and use of the website and investor portal (the "Services") operated by The Curve Investments Limited ("The Curve", "we", "us", or "our"). Please read these Terms carefully before using our Services.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
We may modify these Terms at any time in our sole discretion. If we do so, we will notify you by updating the "Last Updated" date at the top of these Terms. It is your responsibility to review these Terms periodically for changes. Your continued use of our Services following the posting of any changes constitutes acceptance of those changes.
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
To access certain features of our Services, you may need to register for an account. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
5.1 The information provided through our Services is for general informational purposes only and does not constitute financial advice, investment recommendations, or an offer to sell or solicitation to purchase any securities or financial products.
5.2 All investment decisions should be made after reviewing the relevant Product Disclosure Statement (PDS) and considering your personal financial circumstances, investment objectives, and risk tolerance. We strongly recommend seeking advice from a qualified financial adviser before making any investment decisions.
5.3 Past performance information provided through our Services is not a reliable indicator of future performance. The value of investments and the income derived from them may go down as well as up, and investors may not get back the amount originally invested.
When using our Services, you agree not to:
• Violate any applicable laws, regulations, or these Terms;
• Infringe the rights of others, including privacy and intellectual property rights;
• Use the Services for any unauthorized or unlawful purpose;
• Attempt to gain unauthorized access to any part of the Services or any systems or networks connected to the Services;
• Interfere with or disrupt the Services or servers or networks connected to the Services;
• Use any automated means to access the Services; or
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
7.1 All content, features, and functionality of our Services, including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof, are owned by The Curve, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
7.2 These Terms do not grant you any right, title, or interest in or to any intellectual property owned by The Curve or its licensors. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Services, except as expressly permitted by these Terms.
Our Services may contain links to third-party websites or content. These links are provided solely for your convenience. We do not control, endorse, or assume any responsibility for any third-party websites or content. Your access to and use of any third-party websites or content is at your own risk.
Our Privacy Policy describes how we collect, use, and disclose information about you. By using our Services, you consent to our collection, use, and disclosure of information as described in our Privacy Policy.
10.1 OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10.2 WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.
11.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CURVE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, OUR SERVICES.
11.2 EXCEPT AS PROHIBITED BY THE CONSUMER GUARANTEES ACT 1993 OR OTHER APPLICABLE NEW ZEALAND LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR ACCESSING OUR SERVICES DURING THE 12 MONTHS PRECEDING THE CLAIM.
11.3 THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
You agree to indemnify, defend, and hold harmless The Curve and its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to your violation of these Terms or your use of our Services.
13.1 We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to your breach of these Terms.
13.2 All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or your use of our Services shall be subject to the exclusive jurisdiction of the courts of New Zealand.
Should any dispute arise between you and The Curve relating to these Terms or your use of our Services, the parties agree to attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation, either party may refer the dispute to the Insurance & Financial Services Ombudsman Scheme ("IFSO") dispute resolution scheme, of which The Curve is a member. IFSO can be contacted by telephone: 0800 888 202, or in writing: PO Box 10845, Wellington 6143.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provision shall be deleted without affecting the remaining provisions.
These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions published by The Curve on our Services, constitute the entire agreement between you and The Curve concerning your use of our Services.
If you have any questions or concerns about these Terms or our Services, please contact us at:
Email: hello@TheCurveInvestments.co.nz
Phone: +64 27 335 9547
Post: The Privacy Officer
The Curve Investments Limited, 53A Rawhitiroa Road, Kohimarama, Auckland