PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS OF USE HEREIN. IF YOU DO NOT AGREE TO THE TERMS OF USE HEREIN, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF. NOT ALL PRODUCTS AND SERVICES ARE AVAILABLE IN ALL GEOGRAPHIC AREAS. YOUR ELIGIBILITY FOR PARTICULAR PRODUCTS AND SERVICES IS SUBJECT TO FINAL DETERMINATION BY INNOVATIVE SECURITIES LTD.
This is an agreement between you and Innovative Securities Ltd. (“Innovative Securities”, “we,” “us” or “our”). The terms and conditions of use (the “Terms”) contained in this document shall govern your use of any website or webpage operated by Innovative Securities (collectively, the “Site”). The Site is the property of Innovative Securities and its licensors.
These Terms of Use apply to the websites located at https://innovativesecurities.com/index.php?page=general, and any other website, webpage or all sites owned, operated and/or linked thereto by Innovative Securities.
INNOVATIVE SECURITIES OFFERS THE SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS OF USE. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY AND A DISPUTE RESOLUTION CLAUSE. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
Innovative Securities reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your ongoing responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you unconditionally accept and agree to the changes. As long as you comply with these Terms of Use, Innovative Securities grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Any Innovative Securities website (including the Site) may itself contain additional terms that further govern use of that Site, including without limitation, particular features, products or offers. If any provision contained in these Terms of Use conflicts with any terms contained within any other Innovative Securities website, then the additional terms or conditions will govern for those pages or sections, as applicable. Use of the Site shall be governed by all applicable laws. Information or Content on the Site is not intended to be tax or legal advice. Information or Content cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. Innovative Securities does not provide legal or tax advice. You should review your particular circumstances with your independent legal and tax advisors, professionals and/or consultants. These Terms of Use shall be construed in accordance with the laws of New Zealand.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Innovative Securities and is protected by applicable trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Certain other words and symbols used to identify the source of third party goods and services are trademarks of their respective owners. The display of any such trademarks or trade dress on the Site does not imply that a license of any kind has been granted.
All information and Content on the Site is protected under the copyright and trademark laws of the New Zealand and other countries, as applicable. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Innovative Securities’s express prior written consent. Any unauthorized use, downloading, re-transmission, display, distribution or other copying, or modification of any copyrightable matter in the above and/or the Content on the Site herein is strictly prohibited, and could subject those engaging in such activities to legal action.
You may use information on Innovative Securities products and services (such as brochures, fact sheets, marketing and similar materials) purposely made available by Innovative Securities for downloading from the Site, provided that you (1) do not rem nove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents. The products and services described in the Site may only be offered in certain jurisdictions where they may be legally offered for sale or otherwise as designated by Innovative Securities in its sole business discretion. The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be restricted, prohibited or otherwise contrary to applicable law or regulation.
You agree that in accessing or using the Site you will not engage in any activities that violate or are contrary to any applicable laws, regulations, or rules in addition to any terms and conditions you may have agreed to with Innovative Securities. You expressly agree not to misuse this Site or any Content. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way to reproduce or circumvent the navigational structure or presentation of the Site or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Innovative Securities reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Innovative Securities server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Innovative Securities, including any Innovative Securities account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Innovative Securities’s systems or networks, or any systems or networks connected to the Site or to Innovative Securities. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Innovative Securities on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Innovative Securities or others.
Unauthorized use of the Site in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender.
Certain features or services offered on or through the Site may require you to open an account (including setting up a username and password to access an account online). You are entirely responsible for maintaining the confidentiality of your applicable account information, including your password, and for any and all activity that occurs under your account. You further agree to establish commercially reasonable security procedures and controls to protect any of your confidential information. You agree to notify Innovative Securities immediately of any unauthorized use of your applicable account or password, or any other breach of security, including suspected or actual account “phishing” incidents. However, you may be held liable for losses incurred by Innovative Securities or any other user of or visitor to the Site due to someone else using your applicable username, password or account. You may not use anyone else’s username, password or account to access the Site at any time without the express permission and consent of the holder of such username, password or account. Innovative Securities cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Do not communicate confidential information to us over the Internet, or request that we communicate confidential information to you over the Internet. If you choose to communicate confidential information to us over the Internet or request that we communicate information to you over the Internet, Innovative Securities will not be responsible or in any way liable for any losses or damages you may incur as the result of such communication(s).
Innovative Securities applicable Privacy Policy(ies) and applicable online security and online privacy practices applies to use of the Site, and its terms are made a part of these Terms of Use, as the case may be. To view Innovative Securities Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, account information) is encrypted.
INNOVATIVE SECURITIES DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. INNOVATIVE SECURITIES DOES NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY OR CONTENT OF ANY INFORMATION OR TOOL ON THE SITE OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE, NOR DOES INNOVATIVE SECURITIES MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. INNOVATIVE SECURITIES CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. INNOVATIVE SECURITIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT. INNOVATIVE SECURITIES DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY INNOVATIVE SECURITIES SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST INNOVATIVE SECURITIES FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Innovative Securities reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
INNOVATIVE SECURITIES WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS OR PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM ANY USE OR MISUSE OF THE SITE OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE OR CONTENT HEREOF OR THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH ARE REASONABLY FORSEEABLE.
Innovative Securities may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint (including, but not limited to, any governmental or law enforcement inquiry) regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Innovative Securities’s rights or property, or the rights or property of visitors to or users of the Site, including Innovative Securities’s customers. Innovative Securities reserves the right at all times to disclose any information that Innovative Securities deems necessary to comply with any applicable law, regulation, legal process or governmental request, including in connection with assisting the government fight the funding of terrorism and money laundering activities and complying with any and all applicable laws, rules or regulations in relation thereto. Innovative Securities also may disclose your information when Innovative Securities determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Innovative Securities may preserve any transmittal or communication by you with Innovative Securities through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if Innovative Securities determines that such preservation or disclosure is reasonably necessary (1) to comply with legal process, (2) to enforce these Terms of Use, (3) to respond to claims that any such data violates the rights of others, or (4) to protect the rights, property or personal safety of Innovative Securities, its employees, users of or visitors to the Site, or the public. You agree that Innovative Securities may, in its sole discretion at any time and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site or for other cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If you have questions, comments or concerns regarding Accessible Services at Innovative Securities, please contact us via mail, email or phone for further guidance.
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