Digital Platforms – Terms and Conditions

These terms and conditions govern the use of all Midlands Funds Management 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 Midlands Funds Management. Midlands Funds Management means Midlands Funds Management Limited. When referring to you or your, we are referring to a user of the relevant Digital Platforms.

Midlands Funds Management 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
Our products and services have their own terms and conditions which are available for viewing at www.investmidlands.co.nz.  

Details
Digital Platforms are provided by Midlands Funds Management with investor details and account information such as balances and transactions provided by Trustees Executors Limited (TEL) and compiled by TEL with care. Neither TEL nor Midlands Funds Management give any guarantee regarding the accuracy, adequacy, or completeness of the information or that it is suitable for the purpose you intend. All information available through any Digital Platform is subject to change without notice.

Loss or damage
We will not accept responsibility for loss or damage of any kind arising directly or indirectly from:

• any error or omission of information on a Digital Platform, or
• access to, use of, or reliance, on any prices and information available from a Digital Platform or accessed through a Digital Platform.

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.

Midlands Funds Management 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 Midlands Funds Management.

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 0800 870 326.

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. Midlands Funds Management 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 or we collect through your account or use of a Digital Platform. Our Privacy Policy can be accessed here. 

Where you upload or provide any content to your account (User Content), 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; and
• 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.

Midlands Funds Management 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 Midlands Funds Management’s written consent. Midlands Funds Management will enforce its intellectual property rights under all applicable laws.

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.