Opes+ Terms and Conditions
Acceptance of Terms and Conditions
By accessing the Opes+ Portal you acknowledge and agree that you have read and understood these terms and conditions and that you agree to be bound by them in respect of your use of the Opes+ Portal:
Authority to register member and amend member details
1. By accessing and using the Opes+ Portal you warrant that you are either the account holder, one of the joint account holders or a duly authorised officer, representative or attorney of the account holder and that you have the authority to register the account holder and their portfolio with the Opes+ Portal and/or access the member's details through the Opes+ Portal.
2. If you add to, alter, amend or delete any of the member's details available in the Opes+ Portal, you warrant that you have the authority of the member to do so.
3. If your authority is under a power of attorney, you warrant that the relevant power of attorney or a certified copy of it has been previously provided to Opes Partners New Zealand Limited, or any other Opes Group entity.
Content and use of Opes+ Portal
4. Opes Partners New Zealand Limited (Opes Partners) grants you a limited, non-exclusive license to:
4.1 access and use the Opes+ Portal to access, view, copy and print information concerning your investment property portfolio;
4.2 and view, copy and print the content of the Opes+ Portal, for your non-commercial or personal use only.
5. The Opes+ Portal contains a summary of information obtained from various third parties or provided by you. Opes Partners makes no representation or warranty as to the accuracy or reliability of the information in the Opes+ Portal, which is derived from third parties.
6. In submitting information to the Opes+ Portal you agree to the use of that information by Opes Partners including, where necessary, the transfer of the information to the relevant third parties or to the extent required by law, to any government department or regulatory authority.
7. The Opes+ Portal may contain links to web sites controlled by third parties. Opes Partners does not endorse the content of any third party web sites and disclaims any liability for any information, materials, products or services posted or offered on those web sites.
8. The information contained in the Opes+ Portal is for your personal use and may not be on-sold. You may not distribute any information in the Opes+ Portal other than to your professional advisers for the purpose of obtaining advice in relation to your property investment portfolio. You may print or retain any electronic copies of information in the Opes+ Portal to the extent necessary to maintain your own records. Without limiting this clause, the following are expressly prohibited:
8.1 Property developers (or other sales people) using the information within Opes+ for the purposes of selling or marketing a property.
8.2 Property management companies using the information for the purposes of marketing their services
8.3 Other financial advisers (those other than those employed by the Opes Group) using the information to give financial advice.
9. You must ensure that your access to the Opes+ Portal is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing the Opes+ Portal does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Opes Partners does not accept responsibility for any interference or damage to a computer system which arises in connection with your use of this web site or any linked web site.
10. Unless indicated otherwise, all figures quoted in the Opes+ Portal are in New Zealand dollars.
Copyright and Trademarks
11. All intellectual property (including all copyright, logos, trademarks and service marks) in this web site (including text, graphics, logos, icons, sound recordings and software, other than financial provider’s trademarks or publications) is owned by, licensed to or controlled by Opes Partners. Other than as expressly provided for in these terms and conditions, you may not in any form or by any means:
11.1 adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Opes+ Portal or its software;
11.2 or commercialise any information, products, software or services obtained from any part of the Opes+ Portal without our express written permission.
12. You must not attempt to access the software or computer systems supporting the Opes+ Portal.
13. Nothing displayed in the Opes+ Portal should be interpreted as granting you any right to use or distribute any copyright, names, logos, trademarks or service marks.
Privacy Policy
14. By accessing and using the Opes+ Portal, you acknowledge that you have read and consented to the terms of Opes Partners Privacy Policy, as amended from time to time, and that you have consented to the use of personal information in the manner described in that policy.
Security of Login Details
15. You agree that you are responsible for the security of your login details and that you must keep it safe and not disclose it to any other person nor should you keep a written or electronic record of your password.
16. You agree that the login details constitute your signature for the purpose of approving any amendments to your member details for the Opes+ Portal, and that Opes Partners is entitled to rely on the authenticity of your login details being supplied to access the Opes+ Portal. When the correct login details are provided you acknowledge that Opes Partners may act, and rely on, any instruction given without the need for further enquiry. Any instruction received by Opes Partners from a user using your email address and/ or login details shall be unconditional, irrevocable and will be binding on you.
Security of Information
17. Opes Partners does not warrant and cannot ensure the security of any information which you transmit to the Opes+ Portal. Any information which you transmit is transmitted at your own risk. Once your transmission is received, the information it contains will be recorded and maintained in accordance with Opes Partners Privacy Policy.
Cookies
18. We may collect general information such as the pages you access, the date and time of your visit, IP address, and the domain name and country from which you access the Opes+ Portal. This includes the use of "cookies". Most browsers can be configured so as not to accept cookies, however this may affect the functionality of the Portal. Please refer to our Client Privacy Policy for more information https://www.opespartners.co.nz/disclosure/client-privacy-policy.
Amendment and Termination
19. Opes Partners may, in its sole discretion, amend these terms and conditions from time to time. Amendments will be effective immediately upon their publication in the Opes+ Portal. Your use of the Opes+ Portal or continuation of your registration with the Opes+ Portal following the publication will constitute your agreement to be bound by the terms and conditions, as amended. Accordingly, we recommend that you review the Terms and Conditions periodically as well as prior to submitting or confirming the details of any personal information.
20. Your access to the Opes+ Portal may be terminated at any time by Opes Partners, or by you.
21. It is acknowledged and agreed that, notwithstanding the termination of your access to, and use of, the Opes+ Portal, the terms of clauses 4.2, 5, 8, 11, 13 and 21-27, and all other provisions that are impliedly intended to survive any such termination, shall survive such termination.
Acknowledgement of no financial advice or offer of financial products
22. The Opes+ Portal does not contain investment advice and you should consult your an independent legal, financial or other adviser to help form your own opinion on any investment decision. You should also consult appropriate professional advisers on any legal, taxation and accounting implications of your investments or any changes you make to your member details in the Opes+ Portal.
23. No statement in this Opes+ Portal constitutes a recommendation, offer or invitation to invest in any investments, securities or financial products of any party, unless presented as a recommendation to you by an Opes Partners financial adviser. Where an Opes Partners financial adviser has provided a recommendation to you, we will require your confirmation that you wish to proceed with the proposed recommendation.
Accuracy of Information
24. You acknowledge and agree that you are responsible for all information submitted to Opes Partners via the Opes+ Portal and that Opes Partners, and any other Opes Group entities are entitled to rely on the accuracy of that information and is under no obligation to verify the accuracy, or otherwise, of any information.
25. You agree to hold harmless, and indemnify Opes Partners, or any Opes Group entity for any loss suffered or incurred, direct or indirect, as a result of the reliance by Opes Partners, or any Opes Group entity of information that you, or any of your nominated representatives, have provided to it.
Disclaimer and Limitation of Liability
26. Except for warranties that cannot be excluded by law, no warranty either express or implied is given by Opes Partners, or any Opes Group entity in respect to the Opes+ Portal or any service provided in the Opes+ Portal.
27. To the extent permitted by law, in no event will Opes Partners, and any Opes Group entity be liable for any loss or damages, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with the Opes+ Portal or your use of or inability to use the Opes+ Portal, including without limitation any errors or omissions in information contained in the Opes+ Portal, any delays or errors in the processing of information you submit to the Opes+ Portal or from computer viruses, even if Opes Partners is advised of the possibility of, or could reasonably expect, such damages, losses or expenses. To the extent permitted by law, any liability under any condition or warranty that cannot be excluded is limited at Opes Partners option, to the re-supply of the services or payment for the same to Opes Partners or Opes Group entity client.
Indemnity
28. You indemnify Opes Partners, all Opes Group entities and its directors, officers, employees and contractors from any loss or damages including without limitation direct or indirect, special, incidental or consequential damages and legal costs on a full indemnity basis arising from your breach of these terms and conditions.
Governing Law
29. These terms and conditions are governed by the laws in force in New Zealand and you irrevocably submit to the exclusive jurisdiction of the Courts of New Zealand.