By accessing Foundation Life’s website, www.foundationlife.co.nz, (“the website” or “Foundation Life’s website”) you agree that the following terms and conditions apply to your use of the website. Foundation Life may change or update the content of the website, including these terms and conditions applicable to the website, at any time without prior notice. In these terms and conditions, all references to ‘we’, ‘us’, ‘our’ and ‘Foundation Life’ are references to Foundation Life (NZ) Limited and all Foundation Life Group companies, being its related companies as defined in the Companies Act 1993. These terms and conditions are in addition to, and do not replace, any specific terms and conditions applicable to any Foundation Life product, service, marketing and/or promotion.
Use of Foundation Life's Website
You are granted a non-exclusive licence to access the website and the information it contains. By accessing the website you agree not to use the website for any commercial or competitive advantage; any illegal, defamatory or objectionable purpose; or any purpose which brings or could bring Foundation Life’s reputation into disrepute. You also agree not to decompile, reverse engineer or try to decompile or reverse engineer any part of the website, including the secure sites. Anyone found breaching the user rights will be prosecuted to the full extent of the law.
Although all reasonable care has been taken in producing the information contained on the website, it is of a general nature only, and does not take into account any individual’s particular circumstances, financial, medical or otherwise. While we try to ensure that the content of the website is up to date and free from error, we do not give any guarantee or other assurance of the currency of any information on the website or its accuracy, adequacy, completeness or suitability for your intended use. The website is not intended to provide a substitute for comprehensive or specific professional advice. You should not act in reliance upon any information contained on the website without first obtaining professional, independent advice relevant to your individual circumstances. By accessing the website, you confirm you have taken such advice or decided against it.
Accuracy of Information
Where fund performance figures are shown, they are shown in accordance with the specific terms, conditions and assumptions stated under ‘Fund Performance’. Investors and advisers are reminded that past performance is not necessarily indicative of future returns. Where unit prices are shown, while care has been taken in producing and updating unit price information, investors and advisers must check the current unit price with Foundation Life before buying or selling units in any fund, or otherwise relying on unit price information.
Unit prices are shown as at the date specified and are subject to change without notice. The price shown may therefore not apply to related transactions. Full details of unit pricing, fees, and other details relevant to an investment are set out in the relevant investment statement for a particular fund and are also subject to change without notice. Information provided on the website is provided in good faith and is derived from sources believed to be reliable and accurate. However, certain information may be selective, and Foundation Life advises that it may not be complete for the purposes of any individual or company.
To the fullest extent legally possible, neither Foundation Life (NZ) Limited nor any of its related companies, or their directors, employees, agents, independent contractors, nor any other person, accepts any liability or responsibility for any loss, damage, cost or expense (including but not limited to financial loss, loss of revenue, loss of profits or savings, indirect or consequential losses) arising in contract, tort (including negligence) or otherwise, that may result from any error, omission or misrepresentation on the website or reliance on information contained on the website or from any use of or access to the website, nor do they guarantee the performance of any fund or other investment contained or referred to on the website. Foundation Life makes no representation or warranty about the accuracy or completeness of information and accepts no liability or responsibility in respect of errors in or omissions from information contained on the website, to the extent permitted by law. To the fullest extent legally possible, we exclude every warranty and condition of any kind that might otherwise apply in relation to the website, its content and functions.
Information may be contained on the website about the products or services of third parties. Foundation Life makes no representation or warranty as to the quality of any of those products or services or their suitability to your circumstances. From time to time the website may contain links to other websites. These links are provided for convenience only, and do not represent any endorsement by Foundation Life of the products or services offered by the site owner. Foundation Life makes no representations and accepts no responsibility or liability in relation to the contents of any website linked to this website that is not under the direct control of Foundation Life.
Changes to Content
Viruses and Cookies
Although all reasonable care has been taken to prevent the introduction of viruses and other destructive materials on the website, Foundation Life does not guarantee that the website is free from such destructive features. Foundation Life accepts no responsibility or liability in relation to any harm attributable to such destructive features. If you rely on any materials available through the website, you do so at your own risk. Foundation Life uses 'first party' and 'third party' (including, but not limited to, Google Analytics) cookies on its website. First party and third party cookies help Foundation Life understand how you engage with our website and enhance your experience while visiting our website. Cookies are small data files that a website host computer sends to a website user's computer to help it remember information you enter, by passing a unique ID between your computer and the Foundation Life website that identifies you. The practice of holding sensitive data in cookies is avoided. You can choose to delete or change the settings of your cookies from your internet browser. You can disable Google Analytics on this website by installing the following browser plug in: http://tools.google.com/dlpage/gaoptout.
Foundation Life does not guarantee the continued availability of the website or the continuation of services provided on it. Access to the website and to any saved information may be interrupted, restricted, delayed or unavailable from time to time. Foundation Life accepts no responsibility or liability in relation to any loss suffered in these circumstances.
The information, images, screens, web pages, logos and brands on the website and the general content of the website are the property of Foundation Life, who holds copyright in it (unless otherwise specified). The information may not be copied or reused (other than as expressly intended by this website) without the prior written consent of Foundation Life. In particular, in no circumstances should the Foundation Life brand or the Foundation Life logo be used without the written consent of Foundation Life.
Foundation Life is an agency for the purposes of the Privacy Act 1993 (“the Act”). All personal information you supply to Foundation Life, on the website or otherwise, will be treated in accordance with the Act. We will take reasonable steps to ensure that any identifiable personal information we have collected is stored securely and will not be disclosed outside of Foundation Life (other than to a referral partner or your adviser, where relevant and authorised) without your consent. You can access any personal information held by Foundation Life about you, and correct any information that may be incorrect.
Further information about privacy and the New Zealand Privacy Act 1993 is provided by the Office of the Privacy Commissioner (www.privacy.org.nz).
New Zealand Law
With the exception of parts of the website, unless otherwise stated, the content of the website has been prepared in accordance with New Zealand law for the supply of services to persons resident in New Zealand only. Unless otherwise stated, references to any currency are to New Zealand dollars. Information may not be applicable to you if you are not a New Zealand resident.
The content of the website, and these terms and conditions are governed by and construed in accordance with New Zealand law and New Zealand Courts have jurisdiction.
Comments and Complaints
If you would like to make any comments or complaints about the website or any of the information or services available on the website, please contact us. We will try to resolve any complaint as soon as possible.
In designing the website, Foundation Life has incorporated security procedures and practices that we consider are consistent with New Zealand industry practice. We review our security procedures from time to time and update these when relevant. Pages on the website that require the mandatory entry of personal information and/or user name and password are protected by 128-bit encryption. The username, password and personal data are encrypted when transiting over the Internet which prevents tampering with these details. © 2015 Foundation Life (NZ) Limited and its related companies. All rights reserved.