By accessing, using and posting material on Tarawera Publishing Ltd's
("Tarawera") share information web site ("Sharetrader"),
you as the User agree to abide by the following terms, conditions and
rules ("Agreement").
While Tarawera invites
Users to engage in open discussion and presentation of views on Sharetrader,
Tarawera and Users agree to seven basic rules designed to maintain Sharetrader
as an interesting, informative, and legally permissible forum:
1. Users will not
interfere with the use and enjoyment of Sharetrader by other Users (for
example, by harassing or threatening another participant of the message
boards, including the use of expressions of bigotry, racism, sexism, hatred,
or profanity);
2. Users will not
use Sharetrader to conduct any activity that is illegal (such as misleading
and deceptive conduct) or violates the rights of others, provide instructional
information about illegal activities, or promote physical harm or injury
against any group or individual;
3. Users will not
use Sharetrader to advertise or sell products or services (including financial
products and services such as securities) to others; or for spamming purposes
to promote or encourage members to purchase products, services, or membership
recruitment to others; doing so may incur a fee
4. Users will not
post or transmit material that is libellous, defamatory, obscene, fraudulent,
harmful, threatening, or abusive, that violates the property rights of
others (including without limitation copyright or trademark), that violates
the privacy or publicity right of others, or that is used to circumvent
manufacturer-installed copy-protection devices, including digital watermarks
and registration numbers for software programs;
5. Users will not
post or disclose any personally identifiable information belonging to
children or displaying material that exploits persons under 18 years of
age;
6. Users will not
impersonate another User or Tarawera staff member; and
7. User shall not
post information on the site if they are a licensed investment adviser
or representative of a licensed investment adviser.
8. Any employee, director, officer of a listed NZX or ASX company shall not post any material or statements without clearly identifying they work for the said company and have a verified profile stating such;
Tarawera has no responsibility
for the content of any material posted by Users and Users are individually
liable for the accuracy and authenticity of their postings. User profiles
and any content posted by Users contains the opinions and views of theirs
or others and Tarawera is not responsible for such content. Users should
also be aware that it may be difficult to identify and locate the person
making postings therefore taking legal action may not be possible.
If a User violates this Agreement or if Tarawera believes in good faith
that any portion of the material a User posts is infringing any copyrights
or proprietary rights after Tarawera becomes aware of such breach, Tarawera
reserves the right in its sole discretion to:
1. edit or delete
in whole or in part such User's posted material appearing on Sharetrader;
2. refuse access to
all or portions of Sharetrader to such User; and/or
3. terminate such
User's right to access or use and/or membership.
4. Charge such User
a spamming or advertising fee as follows;
1. NZ$1,000 + gst
per post, private message or user signature containing or suspected
of containing any of the abovementioned in 3.
2. By registering on the forum such User unconditionally and legally
agrees to pay any invoice related to spamming (3) sent by Tarawera within
7 (seven) days from the date of invoice.
3. By registering on the Sharetrader Forum such User also unconditionally
agrees to pay all collection costs, legal costs and any associated costs
incurred and recovery of any debt.
Tarawera shall not
undertake a systematic review of any or all of the material posted on
the Sharetrader. Tarawera shall use all reasonable endeavours to remove
any inaccurate information, postings based on inside information, postings
likely to mislead or deceive or offending material within a reasonable
time given Tarawera is notified using the following means:
1. Email info@sharetrader.co.nz
2. Mail - c/o Legal Counsel Tarawera, PO Box 2011, Rotorua, New Zealand.
No Investment Advice
Sharetrader and its message boards and forums contain information and
User posted materials concerning many companies that issue and sell securities.
Tarawera does not have a securities dealer license and therefore does
not:
1. assess or vet the merit of any of these companies or any information
concerning such companies.
2. endorse, recommend or sponsor any of these companies or information
concerning such companies posted on the site.
3. provide professional investment advice as a result of hosting the site
and therefore the individual circumstances or needs of particular investors
are not taken into consideration when information is posted on the site.
Therefore Tarawera suggests that Users should do the following things
before acting on any information posted on the site:
1. Securities Commission website http://www.sec-com.govt.nz
2. get advice from a professional securities adviser
User Information
and Privacy
Tarawera reserves the right to release current or past user information
or postings to third parties for limited purposes in the event Tarawera
believes that Users are:
1. in violation of this Agreement;
2. are using Sharetrader to commit unlawful acts; or
3. is required to be disclosed to comply with applicable laws or regulations,
rules of an applicable stock exchange or with a court or administrative
order.
Tarawera further reserves the right to share current or past user information
internally within Tarawera. Tarawera is, however, free to disclose aggregate
User information (such as how many users are from each State) to third
parties. For User's own protection, Users should not give any personal
information on the web site or message boards.
To keep the forum
free to use, you may occasionally receive promotional emails from us on
products or services we think may be useful. Your email address not be
shared, sold or rented to a third party.
Any User may remove
themselves from such e-mail lists by sending an e-mail to info@sharetrader.co.nz
and advising the e-mail address you wish to be removed.
Proprietary
Rights
A User posting material represents that such material is owned by the
User or used with permission of the copyright holder and the User grants
to Tarawera or another User a royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, and display such content
(in whole or part) worldwide and/or to incorporate it in other works in
any form, media or technology now known or later developed for the full
term of any rights that may exist in such content. The Sharetrader site,
as well as (a) all materials on the Sharetrader site posted by Tarawera
and (b) the organisation and layout of both the site and the materials
posted by Users and Tarawera, is owned and copyrighted by Tarawera or
its suppliers and may be accessed, downloaded or printed for User's personal
non-commercial use only. Without the prior written permission of Tarawera
or its suppliers, User may not copy, distribute, or transfer any material
on Sharetrader, in whole or in part.
Linking or
Framing on Other Web Sites
Tarawera or Users may include on Sharetrader any posted material on other
Internet sites. Tarawera does not endorse any such sites or the information,
material, products or services contained on or accessible through such
other Internet sites, and the User's access and use such sites, including
information, material, products and services therein, solely at User's
own risk.
Disclaimer
Of Warranty
To the extent permissible by law, Tarawera and its suppliers disclaim
all express and implied warranties with regard to the information, services
and materials contained on Sharetrader and message boards, including without
limitation any implied warranties of merchantability, fitness for a particular
purpose and non-infringement. All such information, services and materials
are provided "As Is" and "As Available" without warranty
of any kind. All responsibility and liability with respect to such information,
services and materials, including, without limitation, the accuracy of
any information, is hereby disclaimed.
Limitation
Of Liability
In no event shall Tarawera or its suppliers be liable for any special,
indirect, punitive, incidental, exemplary, reliance or consequential damages,
or any damages whatsoever resulting from loss of use, business, data or
profits, litigation and the like, whether based on breach of contract,
tort (including negligence), product liability or otherwise, even if advised
of the possibility of such damages.
Furthermore Tarawera expressly advises that it shall not be liable in
any way whatsoever (whether in negligence or otherwise) for any loss or
damage which may be suffered by any person (including Users) relying upon
such information or any opinion, recommendations or conclusions contained
in Sharetrader, or otherwise arising in connection with the contents of
or any omission from content contained in Sharetrader except where a liability
is made non-excludable by legislation. The information and statements
contained in Sharetrader do not purport to contain all relevant information
and any statement as to any future matter is a present prediction of a
possible future outcome, the accuracy of which cannot be guaranteed. Persons
(including Users) should not rely upon the content provided within Sharetrader
but should make their own assessment and evaluation, undertake investigation
and enquiries and seek advice to enable them to make any decision concerning
their own interests.
Indemnification
By posting materials on Sharetrader, User's agree to indemnify, defend,
and hold harmless Tarawera, its related bodies, affiliates and suppliers
from any liability, loss, claim and expense (including attorneys' reasonable
fees) related to (a) User's violation of this Agreement, and (b) User's
posting of material to Sharetrader.
Termination
of Agreement and/or Service
Nothing in this Agreement prohibits Tarawera from terminating a Users
access to any of the services provided by Sharetrader or terminating the
Sharetrader site altogether without notice and for any reason.
Changes to
Sharetrader and the Agreement
Tarawera may make improvements or changes in the information, services,
products, and other materials on the Sharetrader, at any time without
notice. Tarawera may modify this Agreement at any time, and such modifications
shall be effective immediately upon posting of the modified agreement.
User agrees to review this Agreement periodically, and User's continued
use of Sharetrader shall be deemed User's acceptance of the modified agreement.
Entire Agreement
This Agreement constitutes the entire and only agreement between Tarawera
and the User in relation to the use of Sharetrader as a site to access,
use and post material and supersede any and all prior or contemporaneous
agreement, representations, warranties, and understandings with respect
to Sharetrader, the content, information, goods and services provided
by or through Sharetrader, and the subject matter of this Agreement.