The website at www.safeharbour.co.nz (the Website) is owned by Silver Harbour Capital Limited trading as Safe Harbour Investment (“Safe Harbour Investment”, “we”, “us”, “our”). These terms of use (Terms) apply to your browsing and use of the Website (and your use of the information on the Website). By accessing the Website you agree to be bound by these Terms.  Our current Privacy Policy (available here- [privacy policy webpage address]) forms part of these Terms.  These Terms (including the privacy policy) form the entire agreement between us and you relating to the Website and your use of it. The Terms are important so please read them carefully.

If you do not agree to these Terms you are not authorised to access and use the Website or the information on it, and you must immediately stop doing so.

Important Information

Nothing on this Website constitutes (or is part of) an offer or solicitation capable of acceptance by you, or an invitation for you to make an offer, to purchase any financial product.  Any offers of financial products presented by Safe Harbour Investment will only be available to investors approved by Silver Harbour Investment, where those investors meet relevant “wholesale investor” exclusion categories.  No offers are available to retail investors. 

The information on this Website is not financial, investment, tax or other advice, and is not a recommendation to purchase any financial products.  Silver Harbour Investment recommends that you seek appropriate professional advice before making any decision to purchase financial products. 

This Website does not constitute an offer or solicitation in any jurisdiction in which such an offer or solicitation is not authorised, or in which the person making such offer or solicitation is not qualified to do so, or to any person to whom it is unlawful to make such an offer or solicitation.  No action has been taken that would permit a public offering in any jurisdiction where action for that purpose would be required.

Amendments

We may amend these Terms from time to time, so you should check and read these Terms regularly. By continuing to use the Website after any such amendment, you are deemed to have agreed to the amended terms of use.

Website Availability

We may change, suspend, discontinue, or restrict access to, the Website at any time (whether with respect to you or users generally) without notice or liability to you.

Intellectual Property

All intellectual property on the Website including, without limit, all information, data, text, graphics, logos and copyright works, and all rights to that intellectual property, are owned by us (or our relevant content supplier). We are the exclusive owner of all rights in the compilation, design, and layout of the Website.

Site Rules

You may access, view, reproduce and print the content on the Website provided you only use that content for your personal use or otherwise in relation to using or considering using any of the services we provide through the Website

You must not use any part of the content or functions on the Website for, or in connection with, providing products or services to third parties for the purpose of any business, profession, trade or undertaking (whether or not carried on with the intention of making a profit) except with our prior written consent.

If you wish to link to any part of the Website, you must obtain our prior written consent.

All Liability Excluded

To the maximum extent permitted by law:

• all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of the Website or the content on or accessed through it; and

• we will not be liable (whether in contract, tort (including negligence), equity, breach of statutory duty, or otherwise) for any damage, losses (including loss of profit, income, or saving), costs or expenses of any kind, whether direct, indirect or consequential, suffered or incurred by you in connection with your access to or use of the Website or the content on or accessed from or through it.

If the Consumer Guarantees Act 1993 applies, you may have rights or remedies under the Act, which are not excluded nor limited by the above.  However, if you are using the Website or its content in trade, the Consumer Guarantees Act 1993 will not apply to you and you agree and confirm that it is fair and reasonable that the Act does not apply to you.

Although we have tried to ensure the content on the Website is current, accurate and complete, we do not guarantee that such content will be current, accurate or complete when you access it.

Third Party Websites

The Website may contain links to third party websites. These websites have not been prepared by and are not controlled by us. We do not check, endorse, approve or agree with third party websites the Website links to.

Jurisdiction and Governing Law

These Terms and any matters or disputes connected with the Website will be governed by New Zealand law and will be dealt with by New Zealand courts.