NZX: Conditions of Access and Use

Acknowledgement and acceptance of general terms

Your access to, use of, linking to www.nzx.com (the NZX Site) or use of software is confirmation that you have understood these general terms and conditions of access and use (Terms) and constitutes your agreement to be bound by the Terms. NZX Limited (NZX) reserves the right to amend the Terms at anytime and users are deemed to be aware of and bound by the amendments to the Terms upon publication on the NZX Site. Accordingly, we recommend that you review the Terms periodically and before giving or confirming to NZX any information.

Ownership of content on the NZX Site

The materials displayed on the NZX Site, including without limitation, all real time or other information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the NZX Site (content) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the NZX Site. All rights, title and interest in and to the content are owned, licensed or controlled by NZX or the party credited as the provider of the content.

Access to and Use of Content on the NZX Site

You may browse the NZX Site for your own personal use, information, research, study and educational purposes only. NZX grants to you a limited non-exclusive license to view, copy and print the Content for your non-commercial or personal use only. All copies that you make must retain all copyright and other notices that are on the version on the NZX Site. Except as provided in the previous sentence or as otherwise agreed in writing with NZX, you may not copy, store (either in hard copy or in an electronic retrieval system), use, modify, transmit, revise, reverse engineer, publish, perform, broadcast, reproduce, post, display or create a derivative work from, distribute, sell, license, rent, lease or otherwise transfer any of the contents to a third party (including, without limitation, other in your company or organisation) for commercial use or otherwise without NZX’s prior written permission. All requests for such permission regarding the content must be in writing and should be sent to: New Zealand Exchange Limited, Level 2, NZX Centre, 11 Cable Street, Wellington, New Zealand.

Nothing shall be construed as granting to you any licence under any patent, trademark or copyright of NZX or any third party.

You must not use the NZX Site or the content in any manner or for any purpose which is unlawful or in any manner which violates any right of NZX or which is otherwise prohibited by the Terms. Under no circumstances may the content be used to establish, maintain or provide, or assists in establishing, maintaining or providing a stock market (other than one authorised by law) for trading of securities.

The Dow Jones Indexes are proprietary to and distributed by Dow Jones & Company, Inc. and have been licensed for use. All content of the Dow Jones Indexes © 2007 is proprietary to Dow Jones & Company, Inc. Dow Jones Terms of Use.

Access outside New Zealand

The NZX Site can be accessed from other countries around the world and may contain references to NZX products, services and programs that have not been announced in those countries. These references do not imply that NZX intends to announce such products, services or programs in those countries.

NZX makes no representation that materials on the NZX Site are appropriate or available for use in other countries, and accessing them from other countries or territories where their content is illegal is prohibited. If you choose to access the NZX Site from other countries you do so on your own initiative and you are solely responsible for compliance with local laws.

Disclaimer

The Content on the NZX Site is derived from sources believed to be accurate and current as at the date indicated by reference to the "last reviewed" date indicated in the respective sections of the NZX Site. However, due to the number of sources from which content may be obtained and the inherent hazards of electronic distribution, NZX and its directors, officers, agents, employees or contractors do not:

give any representation or warranty as to the reliability, accuracy or completeness of the content; or
warrant that any of the functions contained in any content or your access to the NZX Site will be uninterrupted or error-free.

Neither NZX, its subsidiary companies, nor their officers, employees and agents shall, under any circumstances, be liable in any way for any loss or direct, consequential, incidental, indirect or special damages, of any kind or any other damages howsoever arising (whether in negligence or otherwise) out of or in connection with the content and/or any omissions from the content, including, without limitation, those arising from:

any decision made or action taken by you in reliance upon the content;
loss of use, data or profits, whether arising from use of or inability to use any content on the NZX Site (or any web site linked to the NZX Site);
contingencies outside the control of NZX, its subsidiary companies, their officers, employees or agents;
negligence of NZX, its subsidiary companies, their officers, employees or agents in procuring, compiling, interpreting, editing, writing, reporting or delivering any content; or
any other cause,

except where liability is made non-excludable by legislation. Any clause, or part thereof, declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder.

In the case of goods or services supplied or offered by NZX, its subsidiary companies and their officers, employees and agents, liability for breach of any implied warranty or condition which cannot be excluded is limited at NZX’s option to either:

the supply of the goods (or equivalent goods) or services again; or
the payment of the cost of having the goods (or equivalent goods) or services supplied again.

Indemnity

You must indemnify and hold harmless NZX, its subsidiary companies and their officers, employees and agents and keep them indemnified, from and against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages incurred or suffered by any of them arising from:

any breach by you of the Terms;
reliance by you on any information obtained through the NZX Site;
your access and/or use of the NZX Site; and
reliance upon, or use of, any content by any person accessing any content from your computer systems.

Not Investment Advice

The content on the NZX Site provides general information only. It is not intended as investment advice and must not be relied upon as such. You should obtain professional investment advice tailored to your specific circumstances and needs prior to making any investment decisions.

Neither NZX, its subsidiary companies nor any of their officers, employees and agents or licensors:

has passed on the merit of any of the securities or financial products referred to on the NZX Site or any linked web site;
endorses or sponsors, or has endorsed or sponsored, any securities or financial products referred to on the NZX Site or any linked web site;
makes or has made any recommendation regarding any securities or financial products made available by any of the companies identified on or linked to the NZX Site; or
makes or has made any recommendation regarding the advisability of investing in securities or other financial products generally for any particular individual.

The NZX Site does not, and must not, be construed as an offer of securities or other financial products and is not an invitation to you to take up securities or other financial products.

Advertising and links to other web sites

The NZX Site contains links to third party web sites. These linked web sites are not under the control of NZX, and NZX is not responsible for the contents of any linked web site or any hyperlink contained in a linked web site. NZX has in no way been involved with developing or reviewing the content on linked web sites. NZX provides these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked web site by NZX or its employees nor does it imply any responsibility for the content or uses of such linked web sites. NZX provides no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered by a third party, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on those linked web sites or the timeliness of any electronic content. You link to any such linked web site entirely at your own risk.

Where the NZX Site contains third party advertisements, including banner advertising, third party logos and information, materials and documents relating to or provided by third parties (Third Party Material), the Third Party Material may contain embedded hyperlinks to web sites operated by third parties or their licensees or contractors. Neither NZX nor its employees recommend or endorse the products or services of those third parties. In some instances, the Third Party Material will contain representations or offers by the third party which you can accept by linking to the third party’s web site and executing the relevant transaction. Such offers are not made by NZX or its employees, and the third party is solely responsible to you for the delivery of any goods or services you purchase on the third party web site.

NZX prohibits caching, unauthorised hypertext links to the NZX Site and the framing of any Content available through the NZX Site without NZX’s prior written consent. NZX reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other web site reached by links to or from the NZX Site.

Violations of the Terms

NZX reserves the right to seek all remedies available at law and in equity for violations of the Terms, including, without limitation, the right to block access from a particular internet address to the NZX Site.

Governing Law

The NZX Site (but not linked sites) is controlled by NZX from its offices in Wellington, New Zealand. By accessing the NZX Site, you and NZX agree that all matters relating to your access to, or use of, the NZX Site shall be governed by, construed and enforced in accordance with the laws of New Zealand, without regard to the conflicts of law principles hereof. Any dispute arising from or in connection with these Terms are subject to the exclusive jurisdiction of the courts of New Zealand.