1 APPLICATION OF TERMS
a you agree to these Terms; and
b where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use theWebsite, and you must immediately stop doing so.
2.1 We may change these Terms at any time by updating them on the Website.Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms.By continuing to access and use theWebsite, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated on 10 May 2018.
In these Terms:
including and similar words do not imply any limit
Loss includesloss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name (i.e. a username and/or password) allocated or created by you, to you to allow you accessto our Website
We, us or our means Forwardcaster Limited
Website means: forwardcaster.com and ciqportal.forwardcaster.com
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4 YOUR OBLIGATIONS
4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID (Username and Password), you must keep your User ID secure and:
a not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b immediately notify us if you become aware of anydisclosure or unauthorised use of your User ID, by sending an email to email@example.com .
4.3 You must:
a not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise,the Website or any UnderlyingSystem, or otherwise attempt to damage or interfere with the Website or any UnderlyingSystem; and
b unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.4 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms,including any failure of a person who accesses and uses our Website by using your User ID.
5 INTELLECTUAL PROPERTY
We (and our licensors) own all proprietaryand intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel ), and the UnderlyingSystems.
6 WE DO NOT PROVIDE FINANCIAL ADVICE
6.1 As we do not provide financial advice, and only provides general financial information, we are not required to register with New Zealand's Financial Markets Authority (the FMA).
6.2 The data and information on this our platform is for research and information purposes only. We are not responsible for any losses you make.
6.3 You should always check with an authorised financial advisor to determine the suitability of any investment based on your individual financial circumstance.
6.4 Third party data and information providers cannot be held liable for any investment decision you make. Our third-party data providers are:
a S&P Global Ltd, using Capital IQ’s global point-in-time database (fundamentals and price)
b Content contributors (information contained in articles)
6.5 Forwardcaster Limited has calculated the majority of the financial ratios contained on our Website by combining the databases above. You can go to the Glossary section of our website to find out more about how we have done this. While we have made every effort to ensure their accuracy we are not responsible for any errorsor inaccuracies which may have occurred during that process and do not warrant or guarantee their accuracy.
6.6 We are not responsible for the content or accuracy of user posts or comments.
6.7 While every effort has been made to develop a robust back-testing engine, we are not responsible for the content or accuracy of the results it may generate. In particular, we recommend our users to read the Frequently Asked Questions page of our Website, as it explains in detail the limitations of back-testing a portfolio of stocks.
6.8 By signing up to Forwardcaster you agree to use your own judgement to decide whether or not the results of our back-testing engine and/or an article written by one of our contributors is of any interest to you, or has any validity at all.
6.9 The very nature of crowdsourced content means that the calibre of articles is likely to fluctuate on our Website. Some articles will be based more on opinion than fact, while others may offer many facts with few insights.
6.10 You also agree that you understand what they write may turn out to be incorrect and that our back-testing engine can produce misleading results.
6.11 While Forwardcaster will strive to maintain a high standard for the results of our back-testing engine and all articles published on our Website, Forwardcaster has no liability to you or any other party.
6.12 We reserve the right to remove any posts or comments from our platform for any reason whatsoever without warning.
6.13 We monitor the platform and review users’ comments or posts in order to ensure common standards of decency and respect is maintained between contributing users.
6.14 We have enabled a ‘Flag’ button next to every comment so any users who feel a comment or post is offensive is able to alert us directly. We will decide whether it should be removed or not and that decision is solely ours to make.
6.15 We make no judgement as to the accuracy of user comments and posts.
7.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a the Website being unavailable (in whole or in part) or performing slowly;
b any error in, or omission from, any information made available through the Website;
c any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d any site linked from the Website.Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
7.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
8.1 To the maximum extent permitted by law:
a you access and use the Website at your own risk; and
b weare not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website.This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
8.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
8.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.
9.1 To use our Website you are required to provide some personal information to us.The personal information you provide us will depend on how you decide to log in and access our Website. For example, you can use your email address, Linkedin account, Facebook account, Google account, or Stocktwits account. Depending on which login option you choose you will be providing us with different personal information.
9.2 When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.
9.3 The personal information you provide to us (including any information provided ifyou register for anaccount) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, and research and development.
9.5 Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
a to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we use Amazon Web Services as our hosting provider for this Website);
b in relation to the proposed purchase or acquisition of our business or assets; or
c where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
9.6 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which are located outside New Zealand.This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
9.7 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at firstname.lastname@example.org
10 SUSPENSION AND TERMINATION
10.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
10.2 On suspension or termination, you must immediately cease using the Websiteand must not attempt to gain further access.
11.1 If we need to contact you, we may do so by email or by posting a notice on the Website.You agree that this satisfies all legal requirements in relation to written communications.
11.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
11.3 For us to waive a right under these Terms, the waiver must be in writing.
11.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5 , 5 , 6 , 7 , 10.1 , continue in force.
11.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
11.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.