Access Terms

Access Terms For Login Required Areas

These access terms are supplementary to and must be read in conjunction with the terms of use available on https://www.forsythbarr.co.nz/terms-and-conditions (‘this website’), which is owned and operated by Forsyth Barr Limited (‘Forsyth Barr’, ‘we’, ‘us’, ‘our’). These access terms (together with the terms of use) constitute an agreement between you, the website user, (‘you’, ‘your’) and us. By accessing and using any parts of this website that require you to login you agree to be bound by these access terms.

1. Your User Account

We may enable you to create a user account to access ‘login required’ areas of this website (‘User Account’), in which case we will provide you with an account login of your User Account (including a username and password facility) to verify your identity when you use this website. You must ensure that the account details for your User Account are complete and accurate when submitted to us, that the information that you have given is true and correct, and you must keep your account details up-to-date. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

2. Your username and password

Your username and password are personal to you and you must at all times keep your username and password secure and confidential and not disclose them to any third party or otherwise make the ‘login required’ areas of this website available to any other person.

You agree that you are solely responsible for any use of the website by any person using your username and password and you agree to indemnify us against any and all claims arising out of your failure to keep your username or password secure and confidential.

You agree to notify us immediately by email to website@forsythbarr.co.nz of any unauthorised use of your User Account or any other breach of security of which you become aware.

3. Forsyth Barr Client Accounts

One or more Forsyth Barr client accounts (‘Forsyth Barr Client Accounts’) may be linked with your User Account. Where your User Account is linked to a Forsyth Barr Client Account, you may access information associated with that Forsyth Barr Client Account, which may include portfolio information or transaction data associated with that Forsyth Barr Client Account.

You may request us to link one or more Forsyth Barr Client Accounts to your User Account. By making such a request you authorise us to link such Forsyth Barr Client Accounts to your User Account.

Each Forsyth Barr Client Account may be linked to more than one person’s User Account. If a third party requests us to link a Forsyth Barr Client Account in your name to their User Account, then we will endeavour to obtain your authorisation before linking those accounts, but you agree that we have no obligation to do so if we are satisfied that the third party has your authorisation to link to that Forsyth Barr Client Account. By providing such authorisation you release us from us any and all claims arising out of any other person’s access to or dealings with any Forsyth Barr Client Account in your name.

4. Confidentiality of Forsyth Barr information

You acknowledge and agree that certain of the information available to you through the ‘login required’ areas of this website (including information in Forsyth Barr’s library or research centre) is confidential to Forsyth Barr and commercially sensitive in nature, and is made available solely for your own personal use. You agree not to disclose or otherwise make available such information to any other person. You acknowledge that your unauthorised disclosure of such material may cause us irreparable harm that could not be fully compensated by an award of damages and accordingly any breach by you of these conditions may be restrained by injunctive relief as well as other remedies.

5. Access to a confidentiality of Client Account information

You acknowledge and agree that all information or transaction data associated with any Forsyth Barr Client Account to which you have access is confidential and sensitive in nature, and is made available solely for your lawful use. You must not access any information associated with a Forsyth Barr Client Account unless you are authorised to do so by all persons who have an interest in that Forsyth Barr Client Account. You agree not to disclose or otherwise make available such information to any other person.

You acknowledge that your unauthorised disclosure of such material may cause us or others irreparable harm that could not be fully compensated by an award of damages. Accordingly, any breach by you of these conditions may be restrained by injunctive relief as well as other remedies. You agree that, for the purposes of Part 2 of the Contract and Commercial Law Act 2017, this section 5 is intended to be for the benefit of, and enforceable at the suit of every person who has an interest in any relevant Forsyth Barr Client Account.

6. Electronic communications

You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of Part 4 of the Contract and Commercial Law Act 2017. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

7. Your privacy

Where we collect personal information about you as a result of your accessing and using this website, or where this website enables you to access or request correction of personal information about you, our Privacy Policy will apply to that information. Accordingly, these access terms must be read together with our Privacy Policy.

8. Changes

We reserve the right to change these access terms from time to time by publishing the changed terms on this website. By continuing to access or use of this website following such publication you accept the revised access terms.

These access terms were last updated on 23 November 2019.