Terms and conditions

Like anything, there are a few simple rules around using our website. We've tried to make them easy to understand and straight-forward for you. If you have any questions please call us on 0800 11 55 66.

By using our website you agree to the ‘general terms of use’ (and the ‘secure area terms of use’ if you access a secure area of the website), and to our website privacy policy. Specific terms and conditions that apply to members of the Scheme will prevail over these website terms of use (in the event of a conflict).

General terms of use

https://www.summer.co.nz (‘this website’) is owned and operated by Forsyth Barr Limited (‘we’, ‘us’, ‘our’). We administer the Summer KiwiSaver scheme (‘Scheme’,). These terms of use constitute an agreement between you, the website user, (‘you’, ‘your’) and us. You must not access or use this website unless you accept all of these terms of use. By accessing and using this website you agree that you have read, understood and accepted these terms of use, and you agree to be bound by them.

1. Changes

We reserve the right to add to, modify, suspend, or remove this website or any information, material, or feature incorporated in this website at any time and without notice. We reserve the right to change these terms of use from time to time by publishing the changed terms on this website, the changes will take effect immediately when published. You should review these terms of use periodically to be aware of such changes. By continuing to access or use this website following such publication you accept the revised terms of use.

2. Your use of this website

You agree not to use this website for any purpose that is unlawful or to upload or post any content on the website (or use the website to transmit any communication) which is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise objectionable.  You agree not to engage in any conduct that may impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through any other means. Furthermore you agree not to alter, modify, reproduce, transmit or otherwise deal with the content, software, text, graphics, layout or design of this website otherwise than in accordance with section 4.

We reserve the right to suspend or cancel your access to the website if we believe you have breached any of these terms of use.

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3. Intellectual property

Our name and logo, and the name and logo of the Scheme, and all trademarks appearing on this website belong to us or our licensors or affiliates. You must not use or reproduce or allow anyone to use or reproduce those trade marks for any reason without our prior written permission in each case.

The materials displayed on, and information available through, this website are protected by copyright and other laws in New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in information or materials available through this website including text, illustrations, artwork, photographs, video, music, sounds, layout, designs, computer programs, source code, belong to us or to our licensors (together, ‘our intellectual property’).

Except in accordance with section 4 below, or with our prior written permission, you may not in any form or by any means:

  • use, copy, modify, adapt, reproduce, store, embed, distribute, print, display, perform, publish, or transmit in any way any item that is subject to our intellectual property; or
  • commercialise any information, products or services obtained from any part of this website.

4. Limited permission to use materials

You are permitted to download and print extracts of material or content from this website in the following situations only:

  • for your own use for personal investment planning; or
  • for non-commercial research or private study; or
  • where insubstantial portions of such material or content are quoted in another document provided that an acknowledgement of the source of such materials is provided in each case; or
  • if you have made a prior agreement with us,

You must not remove, cover, overlay, obscure or change any copyright notices, legends, or terms of use that we post on this website.

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5. Feedback and ideas

If you give us feedback about this website or our products or services, we may use that feedback for the purpose of improving our website, products, or services (and for any other purpose we deem necessary or desirable), without being obliged to pay you any compensation. If you provide us with ideas as part of your feedback, they will be deemed to be non-confidential and we will not be required to provide any acknowledgement of their source.

6. Disclaimers

This website contains general information only. To the extent that any content, information, or materials available through this website constitute advice, you agree that it is not personalised for your purposes and has been prepared by us without reference to your objectives, financial situation, or needs. Certain content, information, or materials available through this website may contain further disclaimers that relate to that content, information, or material. You should consider the advice in light of the above matters, your individual circumstances and, if applicable, the Scheme’s Product Disclosure Statement and register entry (available at www.business.govt.nz/disclose) before making any investment decision.  If you wish to obtain advice that takes account of your particular circumstances, please contact an authorised financial adviser.

You acknowledge that if you rely on this website or any information or materials available through this website, you do so solely at your own risk.

We endeavour to ensure the accuracy of information available through this website and that the content of this website is free from errors. However, we do not give any warranty or other assurance as to the content of material appearing on this website, or its accuracy, operation, quality, functionality, completeness, timeliness or suitability for any particular purpose.

To the maximum extent permitted by law, we provide this website and related information and services on an ‘as is’ basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

The views expressed in any third party material available through this website are not necessarily our views and we expressly disclaim all responsibility for any third party material.

These terms of use shall not limit or restrict any right you may have under New Zealand law, including under the Consumer Guarantees Act 1993, if it is applicable. However, notwithstanding the foregoing, if you use this application or our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act 1993 shall not apply to this application or those services. 

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7. Limitation of liability

To the full extent permissible at law, we (and our affiliates including Forsyth Barr Investment Management Limited and our respective officers, agents and employees) disclaim all responsibility and liability whatsoever for any damages or losses (including, without limitation, financial loss, damages for loss of business opportunity, loss of revenue or profits or other economic losses) whether arising in contract, tort (including negligence) or otherwise from the use of, or inability to use, this website or any information or material available through this website, or from any action or decision taken as a result of using this website or any such information or material.

If the limitation of liability in the previous paragraph is held to be invalid in whole or in part, then our total liability to you for all damages, costs, and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of one New Zealand dollar (NZD$1.00). 

8. Availability

We and our service providers do not warrant that this website or any associated services will be error free, available without interruption or delay, or free from defects in design. Your use of this website and any associated services may be subject to interruption, unavailability, restriction, or delay. We will not be liable to you should this website or the services supplied through this website become, interrupted, unavailable, restricted, or delayed for any reason.

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9. Hyperlinks and third party websites

If you create a hyperlink or hotlink to this website or embed this website in another website, you do so at your own risk. You will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink, hotlink, or embedding and you will indemnify us against all claims arising from, or in connection with, that hyperlink, hotlink, or embedding.

This website may provide links to Internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for their contents (including the accuracy or legality of any linked site or any material contained in a linked site). We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or service provided by any third party.

10. Security and malicious code

We may restrict access to some parts of the website to users who have registered with us, if you register and are provided with user identification codes or passwords, you must keep those codes and passwords confidential and comply with all additional terms of use.

All information transmitted to you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your use of this website or any hyperlink.

Although we endeavour to prevent the introduction of viruses, Trojans, worms, or other malicious code (together, ‘malicious code’) to this website, we do not guarantee that this website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from malicious code.

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11. Governing law

This website is controlled and operated by us, from offices within New Zealand. Information and products and services on this website have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not any information, products or services available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand you are responsible for compliance with applicable local law.

These terms of use are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use.

 

Secure area terms of use

These terms apply, in addition to the general terms of use, if you use a secure area of our website. 

1. You are responsible for your username and password

We offer, via this website, an internet-based service accessed via a user ID and confidential password. You acknowledge that access to a Summer KiwiSaver scheme account (‘online account’) will be available to any person using your username and password. It is therefore your responsibility to keep your username and password secure and confidential. No other person, including your Authorised Financial Adviser, should be given access to your username and password. It is best practice not to write these details down or include them in an email. Protecting your username and password is your responsibility. If you forget this information we will use appropriate procedures to authenticate you and help you to reset your password. We will never ask you to disclose your password.

2. Security, access, hosting

To register for an online account you will need to have access to the internet. While we endeavour to provide a secure system, you are responsible for your own anti-virus measures and security precautions to prevent unauthorised use of and access to your online account. We are not responsible if you are not able to access your online account due to any virus or for any loss or damage which you may suffer as a result of a virus affecting your computer/s or device/s.

Your online account is available via a hosted website, the relevant services are provided by a third party and we do not guarantee its continued availability online or the continuation of any services provided on it.  Access to your online account may be interrupted, restricted or delayed from time to time. We do not accept any responsibility or liability in relation to any loss suffered in these circumstances.

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3. Online account use

You agree to follow any instructions supplied to you in relation to the use of your online account, and you agree that the website general terms of use contain prohibitions and restrictions on how you may use the website.

You will notify us in writing if you require access to your online account to be suspended or cancelled at any time. You will remain responsible for any actions on your online account up until the time of suspension or cancellation.

We may suspend or withdraw your online account access at any time without prior notice for any reason (acting reasonably), including if you have breached these terms; we learn of your death, bankruptcy or lack of legal capacity; we are notified by any party of a dispute over either ownership of funds or the operation of your online account; or in our absolute discretion, we consider that there are other reasonable grounds to do so.

If you issue an instruction online, that instruction cannot be cancelled, withdrawn or reversed.  You can issue a further instruction to us as required.

4. General

These secure area terms of use are in addition to the website general terms of use and website privacy policy.  They relate to operation of your online account, they do not relate to the investment features of the Scheme.

We may change these terms at any time without notice, and your continued use of your online account following any such changes indicates your acceptance of those changes. We may at any time add to, modify or withdraw any of the services we provide in respect of your online account.

This information is general in nature and should not be your only source of information. Content has been prepared in good faith, based on information from sources believed to be reliable and accurate, but it has not been independently verified. We do not make any representation or warranty (express or implied) that the information is accurate, complete or current. We exclude and disclaim (to the maximum extent permitted by law) any liability for loss which may be incurred by any person relying upon the information. Nothing contained in this website should be construed as a solicitation to buy or sell any security or other product, or to refrain from doing so, or to engage in any other transaction.

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5. Privacy

All personal information that you supply to us online will be handled in accordance with our website privacy policy (and any other specific terms and conditions that apply to members of the Scheme).

 

Effective from: 19 September 2016