Acceptance
This Fonterra Share Trading Account website (the "Site") is hosted and operated by Jarden Securities Limited ("Jarden") on behalf of Fonterra Co-operative Group Limited (“Fonterra”).
Your access to and use of this Site is subject to the following terms of access
(the "Terms") together with the Fonterra Share Trading Account Terms & Conditions
(the "Trading Terms"). By using this Site you represent that you have read, understood
and accepted the Terms and Trading Terms, and agree to be bound by them.
Changes to these Terms and this Site
Fonterra and Jarden each reserve the right, at their discretion, to
update or revise these Terms. Please check these Terms periodically for
changes. Your continued use of this Site following the posting of any changes
to the Terms indicates your acceptance of those changes. All content on this
Site is subject to change at any time.
New Zealand Site
This Site and the information on it, has been prepared and is intended for use
only by holders of co-operative shares issued by Fonterra from time to time ("Shares")
or units issued by the manager of the Fonterra Shareholders Fund ("Units")
(where any holder of one or more Shares and/or Units shall be a "Shareholder")
who are located in New Zealand. New Zealand law governs this Site and all
agreements entered into through or in connection with this Site, including
between you and Jarden. If you are a Shareholder and you choose to
access this Site from outside New Zealand, you are responsible for compliance
with local laws.
By using this Site, you irrevocably and unconditionally submit to the exclusive
jurisdiction of the Courts of New Zealand to hear and determine any disputes or
proceedings arising out of or in connection with this Site or any agreement
entered into through this Site.
You also waive any objection that you might have on the grounds of forum non
conveniens to New Zealand as the forum for proceedings arising out of or in
connection with this Site or any agreements entered into through this Site.
Limitation of Liability
To the fullest extent permissible by law, neither Fonterra nor Jarden
shall be liable for any loss, damage, cost or expense (whether direct or
indirect) incurred by you as a result of:
-
any action or failure to act by anyone in reliance on any data, content or
materials on this Site;
-
any error, omission or misrepresentation in any data, content or materials on
this Site;
-
our failure to provide this Site; or
-
your use of this Site (including any breach of the security of this Site).
Intellectual Property Rights
You acknowledge and agree that all data, content and materials available on this
Site are protected by copyright, trade marks or other intellectual property
rights and laws, and are the intellectual property of Fonterra, Jarden
or certain third party suppliers (as applicable). No data, content or material
on this Site may be reproduced, adapted, linked to, distributed or used in any
way (including by selling, reselling, re-transmitting, caching, framing or
similar means, or otherwise making the data available in any manner to any
third party) without the prior written consent of both Fonterra and Jarden. However, you may print or download one copy of any data, content or
materials on this Site on any single computer for your personal use, provided
you keep intact all copyright and other proprietary notices.
Links
This Site may contain links to other sites which are not under the control of
Fonterra or Jarden. These links are provided for your convenience only.
Neither Fonterra nor Jarden has reviewed all or any of the Sites linked
to this Site. Neither Fonterra nor Jarden makes any representations
concerning the accuracy of information or the quality of products and services
found on any linked site and will not be responsible for the content of any of
those sites or for any loss or damages suffered as a result of you using any
linked sites.
You may not link to this Site in any circumstances.
No Provision of Financial Advice
The data, content and materials on this Site are provided for information purposes only, except for the functionality that allows Members (as defined in "Account Numbers and Password" below) to purchase and sell Shares or Units, or convert Units to Shares, via the internet. Such data, content and materials are intended to be of a general nature, do not take into account your financial situation or goals, and the provision of such data, content and materials does not constitute a personalised financial adviser service. Both Fonterra and Jarden strongly recommend that you seek independent advice before acting on the basis of any data, content or materials on this Site. All data, content and materials on this Site are provided upon the condition that you will seek independent professional advice, where appropriate, and make your own determination as to their suitability for your purposes prior to use.
Disclaimer Concerning Data, Content and Materials
All data, materials and content provided on this Site are supplied in good
faith. While both Fonterra and Jarden have endeavoured to ensure that
such data, materials and content are free from error, neither Fonterra nor Jarden warrant their accuracy, adequacy or completeness, or that they are
suitable for your intended use.
Certain data, content or materials on this Site will consist of pricing or
performance data which has been obtained from sources believed to be reliable.
However any data computations provided on the Site are not guaranteed by
Fonterra, Jarden or any other person (including third party providers)
and may not be complete. You acknowledge that you are responsible for any use
or the results of using any data, content or materials and this Site and for
validating the integrity of any information received over the
internet.
Non-Availability
This Site may not be continuously available for reasons that may include
(without limitation): maintenance or repair or where, in the opinion of
Fonterra and/or Jarden, a threat is posed to this Site or any part
thereof.
No Warranties
While Fonterra and Jarden have used their reasonable efforts to ensure
that the information provided on this Site is timely and accurate, your use of
this Site is at your own risk. The data, content and materials contained in
this Site are provided "as is" and "as available" and without warranties of any
kind, either express or implied. To the fullest extent permissible by law,
Fonterra and Jarden disclaim all warranties, express or implied,
including but not limited to the accuracy, reliability, adequacy, quality or
fitness, timeliness, non-infringement, completeness or title, of or to any
data, content or materials on this Site. Neither Fonterra nor Jarden
warrant that any functions contained in any content or materials will be
uninterrupted or error-free, that defects will be corrected, or that this Site
or the server that makes it available are free of viruses or other harmful
components.
Under no circumstances, including but not limited to negligence, shall Fonterra
or Jarden be liable for any decision made or action taken by anyone in
reliance upon, or your reliance on any data, content or materials on this Site,
nor shall Fonterra or Jarden be liable for any direct, incidental,
special, consequential, indirect or punitive damages that result from the use
of, or the inability to use, the data, content or materials on this Site or the
materials in any sites linked to this Site, even if Fonterra or Jarden,
or an authorised representative of either of them has been advised of the
possibility of such damages.
Indemnity
You agree to release and indemnify, and keep fully indemnified, Fonterra, Jarden and their respective agents, against all actions, proceedings,
losses, liabilities, damages, claims, demands, costs and expenses suffered or
incurred by Fonterra, Jarden and their respective agents as a result of
or in connection with any act or omission of yours or your breach of any of
these Terms.
Account Number and Password
As a registered user of this Site ("Member") you will be issued
with an Account Number and Password. You will be given your own Account Number
as part of the application process. Under no circumstances should you keep a
written or electronic record of your Password, nor disclose your Password to
any other person.
Your Password must remain confidential to you alone and you must take all
reasonable steps to prevent disclosure of your Password. By utilising your
Password on this Site you confirm that your use of this Site will be governed
by these Terms.
You agree to:
-
effect and maintain security measures to prevent (i) third parties gaining
access to, and/or using, this Site using your Account Number or Password, (ii)
any other interference with this Site (such access, use, interference referred
to in these Terms as "Unauthorised Use") and (iii) any
loss or damage arising from Unauthorised Use;
-
notify Fonterra and Jarden immediately if you become aware of any
Unauthorised Use and, at your cost, take any action which is necessary or which
Fonterra and Jarden may require to prevent any further Unauthorised Use
occurring and make good any damage arising from any Unauthorised Use; and
-
advise Fonterra and Jarden immediately of any unauthorised disclosure
of Account Number or Password.
In addition to the terms set out in the Privacy section below, you further agree
that Fonterra and Jarden may, for the purpose of providing the
services, data, content and materials on this Site to you, make use of any
information about you or your business or personal affairs which are made known
to Fonterra and/or Jarden through our relationship with you, whether
through the use of this Site or otherwise.
Security
Both Fonterra and Jarden will use all reasonable endeavours to keep
information and materials on this Site, including those provided by you or on
your behalf, secure and confidential. However, neither Fonterra nor Jarden will be responsible for any breach of security caused by third
parties and do not guarantee that this Site is completely secure. The internet
is not a secure environment and so you must take care when transmitting any
information over the internet. In particular, you should make every effort to
keep your Account Number and Password secure and confidential. You agree and
acknowledge that you are aware of, and accept, all risks associated with
disclosing information and share trading via the Internet, including but not
limited to the possibility that third parties may gain access to information
which is confidential.
Privacy
In addition to the privacy provisions contained in Part One of the Trading Terms (refer ‘Privacy Act 2020’), you agree that Fonterra and Jarden will
collect, use, store and disclose your personal information and, where
appropriate, Fonterra and Jarden will allow their related companies to
use your personal information for:
-
business purposes;
-
meeting its legal obligations;
-
research;
-
administering its relationship with you; and
-
other purposes relating to the dairy industry.
You agree Fonterra, Jarden and/or any of their related comapnies may:
-
use your personal information and give that information to third parties for
the purposes set out above; and
-
make enquiries about you to third parties in connection with this Site and/or
your Shares.
You also agree to those third parties providing information about you to
Fonterra, including NZX Limited providing information to Fonterra relating to
your use of this Site and otherwise in connection with the Shares.
These authorisations are for the benefit of Fonterra and Jarden and their related companies, and are enforceable by the related companies of each of Fonterra and Jarden under the Contract and Commercial Law Act 2017.
You are responsible for and must take all reasonable care to ensure that the
information you supply to Fonterra and/or Jarden is accurate. If you
would like to inspect or request correction, updating or deletion of the
personal information Fonterra and/or Jarden holds about you, please
contact Farm Source on 0800 65 65 68.
|
