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Terms and Conditions

About this website

This website is operated by Centuria Funds Management (NZ) Limited (NZBN 9429030734937) (Centuria NZ, we, us, our) on behalf of itself and the funds, schemes and companies it manages in New Zealand. Your use of this website is governed by these Terms and Conditions and our Privacy Policy (available at centuria.co.nz/privacy-policy).

These Terms and Conditions apply to your use of centuria.co.nz and to the online investor application platform provided to us by our registry provider (the Application Platform), including where you access these Terms and Conditions via a link from the Application Platform. References in these Terms and Conditions to ‘this website’ are to centuria.co.nz and the Application Platform together, unless the context requires otherwise.

Acceptance

By accessing or using this website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. We may amend them at any time by posting the updated version on this site. Your continued use of the site following any change constitutes acceptance of the amended Terms and Conditions.

Nature of information – no personalised advice

The information on this website is general in nature. It has been prepared without taking into account your objectives, financial situation or needs, and is not financial advice under the Financial Markets Conduct Act 2013 (FMCA) or the Financial Markets Conduct Regulations 2014 (FMCR). Before making any investment decision, you should consider the appropriateness of the information for your own circumstances and seek independent financial, tax and legal advice.

Offers of financial products – online applications

Interests in any managed investment scheme, company or other financial product referred to on this website (Financial Product) are offered only under, and are subject to the terms of, the current product disclosure statement, information memorandum or other offer document issued by Centuria NZ (or a related or managed entity) for that Financial Product (Offer Document).

If you make an application for an investment through this website (including by using an online application form on the Application Platform):

  • the application form forms part of, and accompanies, the Offer Document;
  • you apply for the Financial Products specified in your application on, and subject to, the terms and conditions of the Offer Document, the governing document(s) for the relevant Financial Product, and any application form terms (together, the Offer Terms);
  • you confirm that you have received, read and understood the current Offer Document for the relevant Financial Product, including the risks of investing in the Financial Product as set out in that Offer Document;
  • you agree to accept the Financial Products you have applied for, or any lesser number that the issuer or transferor of the Financial Product decides to issue or transfer to you, and acknowledge that the issuer or transferor may accept, scale or decline your application in accordance with the Offer Terms;
  • you acknowledge that the offer of Financial Products in the Offer Document has been made to you in New Zealand, or in another jurisdiction in which the relevant issuer or transferor has set out in the Offer Document that it is making the offer;
  • you represent and warrant that the information you have provided in the application is true, complete and correct to the best of your knowledge, and you undertake to notify Centuria NZ, the issuer and/or the transferor promptly if any of that information changes before you receive the Financial Product;
  • you consent to Centuria NZ, the issuer and/or the transferor disclosing information it holds in respect of you to regulatory authorities;
  • you acknowledge that Centuria NZ, the issuer and/or the transferor has not assessed the suitability of the investment for your personal financial circumstances, needs or goals, has not provided you with personalised financial advice, and that you have had the opportunity to obtain independent financial, tax and legal advice before applying; and
  • to the extent of any inconsistency, the Offer Terms prevail over these Terms and Conditions in respect of your application and any resulting investment.

No offer of Financial Products is made to any person in any jurisdiction where the offer would be unlawful.

Wholesale investor offers

Some offers made available through this website are open only to persons who are wholesale investors within the meaning of clause 3 of Schedule 1 to the FMCA. Where an offer is made on a wholesale basis:

  • you must not apply for, or acquire, an interest in the relevant product unless you qualify as a wholesale investor and have provided the certificate or acknowledgement in the form required for the applicable wholesale investor category (for example, investment business, large investor, investment activity criteria, eligible investor, or minimum NZ $750,000 investment);
  • by submitting an application, you represent and warrant to Centuria NZ, the issuer and/or the transferor of the Financial Product that you meet the relevant wholesale investor criteria and understand the consequences of certifying yourself as such, including that the disclosure regime that normally applies to offers of financial products under the FMCA does not apply, and you will have fewer legal protections; and
  • it is an offence under the FMCA to give a certificate knowing that it is false or misleading in a material particular.

Centuria NZ, the issuer and/or the transferor of the relevant Financial Product may decline any application where it is not satisfied that the applicant meets the applicable wholesale investor criteria.

Past performance

Any references to past performance of a fund, scheme or other Financial Product are provided for information only. Past performance is not a reliable indicator of future performance. Returns and the repayment of amounts invested are not guaranteed by Centuria NZ, the issuer, the transferor, the supervisor, the custodian or any other person (unless specified in an Offer Document).

Limitation of liability

To the maximum extent permitted by law, Centuria NZ and its directors, officers, employees and agents exclude all liability for any loss or damage (including indirect or consequential loss) arising from your use of, or inability to use, this website or from reliance on information contained on or accessed through it. We do not warrant that this website will be uninterrupted, secure or free from viruses or other harmful code. Nothing in these Terms and Conditions limits any rights you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or other legislation to the extent those rights cannot lawfully be excluded.

Third party links

This website may contain links to third party websites. Those links are provided for convenience only. We do not endorse, and are not responsible for, the content of any third party website or for any loss arising from your use of them.

Intellectual property

All content on this website, including text, graphics, logos, images and layout, is owned by or licensed to Centuria NZ and is protected by the Copyright Act 1994 and other laws. You may view, download and print content for your personal, non-commercial use only. You must not otherwise reproduce, modify, distribute or commercially exploit any content without our prior written consent. “Centuria” and associated logos are trade marks of the Centuria group and may not be used without permission.

Privacy Act 2020 & Unsolicited Electronic Messages Act 2007

Any personal information collected through this website is handled in accordance with our Privacy Policy and the Privacy Act 2020. Please refer to centuria.co.nz/privacy-policy for details of how we collect, use, store and disclose personal information.

You have a right to access all personal information held about you by us. If any of the information is incorrect, you have the right to have it corrected. You acknowledge that you are authorised to provide this personal information. The personal information you have supplied may be used by Centuria NZ (and other related or managed entities) for the purposes of enabling us to arrange and manage your investment, to contact you in relation to your investment, and to market other products and services to you. You authorise us to disclose your personal information to any third parties as needed to perform services on your behalf; to regulatory bodies or law enforcement agencies as required by law; and to meet our legal or regulatory obligations. We will provide you (on request) with the name and address of any entity to which information has been disclosed.

Governing law

These Terms and Conditions are governed by New Zealand law. You submit to the non-exclusive jurisdiction of the New Zealand courts in respect of any matter arising from your use of this website. If any provision is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.