These terms and conditions govern the use of all Fisher Funds websites, mobile applications, and portals (Digital Platforms). When you use the Digital Platforms, you agree to be bound by these terms and conditions.
When referring to we, our, or us, we are referring to Fisher Funds. Fisher Funds means Fisher Funds Management Limited. When referring to you or your, we are referring to a user of the relevant Digital Platforms.
Fisher Funds may change these terms and conditions at any time. If a change to these terms and conditions materially affects you, we will give you at least 14 days’ notice of the change either by directly communicating with you or placing a notice in the relevant Digital Platforms. If a change to these terms and conditions does not materially affect you, or it is not practical to notify, we can make the change without notice.
Products and Services
The products and services have their own terms and conditions which are available for viewing on https://www.fisherfunds.co.nz.
Account Information and Details
Details and account information such as balances and transactions provided via any Digital Platform, including details and information provided by third parties such as Trustees Executors Limited, Apex Investment Administration (NZ) Limited or NZX Wealth Technologies Limited, are subject to change. No guarantee is provided regarding the accuracy, adequacy, or completeness of details and information or that such details or information are suitable for the purpose you intend.
In particular, prices and values are provided as at a point in time only and can change up or down over time. We accept no liability for any action or decision taken in respect of details and account information made available via any Digital Platform including use of, or reliance on, any prices or values. This does not limit our liability or obligations under the Financial Markets Conduct Act 2013.
Use
Your use of a Digital Platform may be interrupted, varied, suspended, or cancelled by us at any time without notice, or for reasons beyond our control. You agree that we will not be liable for any loss or damage caused as a result of provision or use of the Digital Platform or through a lack of continuity, accessibility, or reliability of a Digital Platform.
Hyperlinks in a Digital Platform are provided for convenience only. By activating hyperlinks, you may leave a Digital Platform and go to other sites that are not operated by us. We do not endorse external sites nor review or check them. You therefore enter these sites at your own risk, and we accept no responsibility or liability in respect of material contained in other digital platforms.
All currency references are shown in New Zealand dollars unless otherwise specified. All our Digital Platforms are governed by and are to be interpreted in accordance with the laws of New Zealand.
Fisher Funds reserves the right to deny you access to any Digital Platform if we have reason to believe you may use or have used the Digital Platform to assist in anti-social behaviour including, but not limited to, fraud, dishonesty, or cyber-crime. Notice of denial of access may or may not be given at the discretion of Fisher Funds.
Security
Registration for some of our Digital Platforms requires us to provide you with a confidential username and temporary password when you first register. The first time you sign on to these Digital Platforms you will need to select a personal password. You acknowledge that access to your account will be provided to any person using your password and you must therefore keep it confidential.
You agree that all information you provide when you register with a Digital Platform will be true, accurate, and correct, and you agree to update us promptly if any of that information becomes outdated or is otherwise inaccurate or misleading.
We will consider any action or request made using your password or biometric login to have been made by you and the request will be carried out without further enquiry. You will be responsible for all instructions and any consequential transactions using your password or biometric login whether authorised by you or not. Once an instruction has been given, it cannot be cancelled, withdrawn, or reversed (but a further instruction may be issued). If you need to replace your password, please phone 0508 347 437.
You agree to take reasonable precautions to prevent the introduction or spread of any software contamination, including viruses, into the Digital Platform when accessing, providing, or downloading information through this Digital Platform.
Biometrics
You may be able to use biometric information that is stored on your device to log in a digital platform, such as fingerprint or facial recognition. Fisher Funds does not store any of your biometric information.
If you enable biometric login, any person with biometric information stored on your device will be able to log into the digital platform. You will be responsible for any actions on your account if someone gains unauthorised access through a biometric login.
Information and Privacy
The information you enter on a Digital Platform or access through a Digital Platform is stored securely, however we shall not be liable for any loss occasioned by unauthorised access, destruction, misuse, or improper disclosure of your data. Our Privacy Policy will apply to any personal information you provide to us through your account or use of a Digital Platform. Other terms and conditions also apply regarding the use of Google Analytics.
Where you upload or provide any content to your account, you warrant that:
the content does not infringe any third-party intellectual property rights;
we do not need to obtain any further licence, right or permission from a third party to deal with the content as permitted above;
the content complies with any applicable laws;
where the content that relates or belongs to another person, you have obtained all necessary consents and authorisations from that person to use and upload that User Content.
Fisher Funds holds all copyright and other intellectual property rights in all Digital Platforms and reserves all its rights. You may electronically reproduce and store the material on a Digital Platform solely for the purposes of viewing the Digital Platform or saving Digital Platform material for your personal use. You may not display or distribute the content of any Digital Platform in public or where the content is accessible to the public, including any reproduction in any form on the internet, without Fisher Funds' written consent. Fisher Funds will enforce its intellectual property rights under all applicable laws.
Google Analytics
To improve our Digital Platform(s), we may use patterns and other meaningful information gathered from web analytics tools (including ‘cookies’ and Google Analytics) to measure your usage of our Digital Platform(s). This may include traffic to, from and within our Digital Platform(s), your mouse click activity, your IP address, and other personal information that you voluntarily enter into the Digital Platform(s). All information collated by these web analytics tools is to help us better understand the usage of our Digital Platform(s).
If you are a Google user and have enabled Ads Personalization, we may collect additional data via Google Analytics. You are able to access and delete this data from My Activity.
To opt-out of Google Analytics tracking you can use the Google Analytics Opt-out Browser Add-On.
Learn more about Google Analytics and Google's Privacy Policy.
Cookies
We, and our third-party service providers may use cookies when you are on our Digital Platforms. They may be used for security (such as to help us identify you), to provide you with personalised features and for tracking traffic to and from, as well as on our site. Cookies are small pieces of information that can be stored on your hard drive or in memory. The cookies we send to your device cannot read your hard drive or command your device to perform any action.
You can prevent new cookies from being installed and delete existing cookies. The procedure depends on which browser you are using. For information on how to remove cookies, check your internet browser. You may be unable to log on to our secure services without accepting our cookies.
Disclosure information
The performance of the investments contained or referred to in any Digital Platform is not guaranteed by anyone and past performance is not indicative of future performance.
The content of any Digital Platform may contain general information about our products and services. This information does not constitute an offer or inducement to subscribe for any investment product or enter into a legally binding contract.
