1. Privacy

StockForums.co.nz is firmly committed to the privacy of its users. These Terms and Conditions should be read in conjunction with our Privacy Policy.

2. Acceptance of Terms and Conditions

The StockForums.co.nz website (referred to hereafter as "the Service") is owned and operated by Walshaw Internet Services; ABN 43 549 443 349 (referred to hereafter as "StockForums.co.nz"). A visitor to the Service, and a user who signs up for a membership account with the Service, are both collectively referred to hereafter as "the User".

The Service is available to all individuals, however StockForums.co.nz reserves the right to deny access to the Service to a User without notice or explanation. Use of the Service is conditional upon acceptance and full compliance with the terms, conditions, notices, disclaimers and privacy policies contained in this document and elsewhere on this website (referred to hereafter as 'Terms and Conditions'). Submission of the membership sign up form constitutes the User's acceptance of the Terms and Conditions. Because the User is bound by these Terms and Conditions, the User should periodically refer to them here. StockForums.co.nz reserves the right to vary the specifications, fees, rules, procedures, and conditions of any element of the Service at any time without notice. StockForums.co.nz reserves the right to vary the Terms and Conditions by providing 30 days notice on this website.

3. Membership

A User can obtain membership by completing the membership sign up form.

StockForums.co.nz, while it has no intention of doing so, reserves the right to edit the User's recorded details if and where necessary, without notice or prior warning.

Each User is entitled to one membership account. The User's submitted email address must be an address that the User personally checks regularly. The User agrees to maintain a valid functioning email address at all times. The User's email address must accept correspondence sent by StockForums.co.nz.

A User with membership authenticates him or herself using a username and password that was chosen by the User during membership sign up. The User is solely responsible for maintaining the secrecy and security of the their login details, and is solely responsible for all activities that occur using their account. The User must immediately notify StockForums.co.nz of any unauthorised use of the User's account or any other breach of security. StockForums.co.nz will not be liable for loss or damage arising from the User's failure to comply with this Section of the Terms and Conditions.

The User must ensure that their profile details are accurate and up to date.

StockForums.co.nz reserves the right to terminate the membership or access of any User without cause or notification.

4. User Communication

By signing up for membership, the User consents to StockForums.co.nz sending the User email notices concerning the User's account and the Service's status. This correspondence may contain advertising. The User also consents to receiving email notices from StockForums.co.nz regarding changes to the Terms and Conditions. The User understands that they can opt out of this email correspondence by terminating their membership.

By selecting the 'Subscribe' option next to 'Newsletter' in the account area, the User voluntarily consents to receiving email communication from StockForums.co.nz containing news, notices, and upcoming events regarding to investing and gambling. The User understands that they can opt out of this email correspondence by selecting the 'Unsubscribe' option next to 'Newsletter' on their account page.

5. User Conduct

All materials such as text, links, data and other media (referred to hereafter as "Content"), whether publicly posted or privately communicated to other members, is the sole responsibility of the User. StockForums.co.nz does not control the Content displayed on the Service, and does not guarantee the accuracy, integrity, and quality of the Content.

As a condition of membership, the User agrees to not use the Service to:

• post or transmit Content that is unlawful, harmful, hateful, threatening, abusive, defamatory, libelous, invasive of someone's privacy, or otherwise objectionable;
• post or transmit Content that is knowingly false, misleading, deceptive, inaccurate, or could otherwise be interpreted as attempted market manipulation. The New Zealand Securities Commission defines market manipulation as:
  • making false or misleading statements or spreading information which is likely to induce a person to trade or which might affect the price of the securities; and
  • creating a false or misleading appearance of securities trading.
    (source: NZ Securities Commission website)
• post or transmit Content of a pornographic nature or Content that could be considered inappropriate for a general audience;
• post or transmit Content that infringes upon any patent, trademark, copyright or other proprietary rights of any party;
• post or transmit Content that the User does not have a right to make available under any law or under contractual or fiduciary relationship (such as inside information, proprietary information, and confidential information);
• post or transmit Content that contains unsolicited or unauthorised advertising of any products, services, or websites;
• post or transmit Content that contains harmful code, or Content that disrupts the Service for other Users;
• post or transmit Content financial advice, or Content that requests financial advice from another User;
• post or transmit Content in the role of a licensed financial advisor or as the representative of a financial adviser;
• impersonate and person or entity, which includes, but is not limited to, StockForums.co.nz staff and its affiliates;
• intentionally or unintentionally violate any applicable local, state, national or international law;
• collect or store personal data about another User;
• attempt to buy, sell, or trade securities using the Service;
• distribute, reproduce, republish, upload, post or transmit in any way Service Content on a third party site or publication without the written permission of StockForums.co.nz.

6. User Acknowledgments

As a condition of membership, the User acknowledges and agrees to the following statements:

By posting the forums provided by the Service, the User provides StockForums.co.nz with a perpetual, irrevocable, royalty free and non-exclusive license to display, modify, translate, disseminate or syndicate, in any form, all Content the User contributes to the Service. This includes the right to sublicense all such Content.

StockForums.co.nz has the right (but not the obligation) to screen and delete Content on the Service.

StockForums.co.nz has the right (but not the obligation) to suspend or delete User membership accounts or deny the User access to the Service if the User's Content violates the Terms and Conditions or is otherwise considered inappropriate.

The User is solely responsible for the Content that they post on or transmit through the Service. StockForums.co.nz reserves the right to pass on User and Content details to the relevant authorities, including but not limited to, the New Zealand Securities Commission and the NZX, without warning, notice or explanation. The User acknowledges that such parties may take action against them as a result of Content they have posted on, or transmitted through, the Service. The User is acknowledges that anyone who engages in misleading or deceptive conduct can be subject to orders made by the New Zealand Securities Commission and can be liable to pay compensation to anyone who suffers loss as a result of the conduct.

StockForums.co.nz does not endorse or approve of in any way the Content provided by the User, and does not accept responsibility or be held liable for the accuracy or validity of any such Content.

StockForums.co.nz is not responsible or liable for the content of any third party websites that are hyperlinked to either by the Service, or within Content provided or transmitted by the User.

StockForums.co.nz is not a provider of financial advice. It does not deal in financial securities on its own behalf nor as an agent of another party.

7. Outage Policy

The Service may occasionally experience outages in which Users cannot access their account area and/or the forums.

StockForums.co.nz will not provide compensation to User for such outages.

8. Disclaimer of Warranty

The User acknowledges that they have not relied upon or been induced by any representation by the Service and StockForums.co.nz makes no warranty or representation as to:

• the results, that may be obtained through membership and use of the Service;
• the accuracy, reliability or otherwise of any information obtained through membership and use of the Service;
• the Service being uninterrupted, timely or error free.

9. Limitation of Liability

The User releases StockForums.co.nz and its officers, employees, agents, subsidiaries and affiliates from any claim for loss, damage or liability, including special indirect or consequential loss or damage such as loss of revenue, investment losses, gambling losses, unavailability of systems or loss of data, in respect of:

• any StockForums.co.nz emails forwarded to the member;
• membership of the Service;
• the use of or inability to use the Service.

10. Indemnification

The User indemnifies and keeps indemnified StockForums.co.nz and its officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon their use of the Service.

11. Termination

These Terms and Conditions are effective until terminated by StockForums.co.nz. StockForums.co.nz may terminate these Terms and Conditions at any time without notice.

12. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales and of the Commonwealth of Australia. The User submits to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Any questions?

If you have any questions regarding our Terms & Conditions, Posting Guidelines & Disclaimers or Privacy Policy, feel free to contact us.