Legal terms

1. Registering for a platform

1.1 By registering for a Platform ("Platform") you are agreeing to be bound by the terms and conditions ("Terms of Use") outlined in this document. This Terms of Use is a legal agreement between you and Nui Markets NZ Ltd ("Nui") and governs your use of the Platform from Nui.

1.2 Please read this Terms of Use agreement carefully before using the Platform. It provides a licence to use the Platform.

1.3 By clicking "accept" and/or using the Platform, you are confirming your acceptance of the Platform and agreeing to become bound by this Terms of Use agreement.

1.4 If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions.

1.5 If you do not have such authority or if you do not agree with the terms and conditions of this agreement, do not use the Platform, and you must not accept this Terms of Use agreement.

1.6 This Terms of Use agreement shall apply only to the Platform supplied by Nui. The terms also apply to any Nui updates, Internet-based services, and support services for the Platform, unless other terms accompany those items on delivery. If so, those terms apply.

2. Platform Users

2.1 Platform Users are defined as anyone who registers to use the Platform. Nui provides its platforms for companies (“Solution Holders”) that have entered into financial agreements with Nui for the purposes of using the technology to trade and sell their products with their customers (“Customers”). All users (including Customers and Solution Holders) who register for the Platform must agree to the Terms of Use in this agreement but may also be bound by separate agreements between the Solution Holder, the Customer and/or Nui.

2.2 To the extent Nui has a separate agreement in writing with a Solution Holder or a Customer concerning the Platform, and there is any inconsistency between the terms of that separate agreement and the terms of this Terms of Use agreement, the terms of the separate agreement shall prevail.

2.3 This Terms of Use agreement covers all users and their usage of the Platform from Nui.

3. Licence Grant

3.1 Nui hereby grants you a personal, non-transferable, non-exclusive licence to use the Platform on your devices (for example a PC, laptop, mobile or tablet) in accordance with this Terms of Use agreement.

3.2 Access to the Platform is only granted to Customers by the permission of Nui and the Solution Holders.

3.3 You are permitted to use the Platform under your control. You are responsible for ensuring your device meets the minimum requirements of the Platform. You may only access the Platform if you have a legitimate reason to do so.

3.4 You are not permitted to:

  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Platform nor permit the whole or any part of the Platform to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Platform or attempt to do any such things;
  • Introduce any harmful information or materials (which includes any spyware, viruses, worms, trojan horses, harmful scripts or codes or any other damaging items which could interfere with the Platform or Nui's software, hardware, network or computer system);
  • Reproduce, copy, distribute, resell or otherwise use the Platform, or any of Nui's intellectual property rights therein, for any commercial purpose;
  • Allow any third party to use the Platform on behalf of or for the benefit of any third party;
  • Use the Platform in any way which breaches any applicable local, national or international law; Use the Platform for any purpose that Nui considers is a breach of this Terms of Use agreement;
  • Use any unauthorised automated or manual means to access, acquire, copy or otherwise monitor the Platform;
  • Aggregate data extracted from the Platform for purposes other than those specifically granted by the Solution Holder; and/or
  • Remove any restrictions imposed by Nui, the software or the operating system, that delivers the Platform.

4. Log-in Security

4.1 Any communications (emails, texts) which contain Platform log-in hyperlinks and/or passwords may not be forwarded or shared in any way.

5. Intellectual Property and Ownership

5.1 The Platform (and the copyright, and other intellectual property rights of whatever nature in the Platform, including any modifications made thereto) are and shall remain the property of Nui.

6. Site Content

6.1 Nui does not monitor and is not responsible for the content on the Platform, although any communication or content posted on the Platform that is illegal, defamatory, threatening, obscene or otherwise unacceptable may result in termination of this licence.

7. Termination

7.1 The licence is effective from the date you first use the Platform and shall continue until terminated. You may terminate it at any time upon written notice to Nui (support@nuimarkets.com).

7.2 The licence will also terminate immediately if you fail to comply with any of the provisions in this agreement or, where you are a Customer, the relevant Solution Holder’s licence to use the Platform expires or is otherwise terminated.

7.3 Upon such termination, the licences previously granted will immediately terminate and you agree to stop all access and use of the Platform. The provisions that by their nature continue and survive will survive any termination.

8. Updates, Maintenance and Downtime

8.1 Nui may, from time to time, issue updated versions of the Platform, and/or may automatically update the version of the Platform you are using, without notice to you. If you continue to use the Platform, you will be deemed to have consented to any such updates.

8.2 You acknowledge the Platform may be unavailable from time to time due to errors, defects, maintenance or events that may be outside of Nui's control.

8.3 Nui has made all reasonable efforts to ensure that the Platform will function properly but provides no guarantee the Platform will be error-free, uninterrupted, continuously available, or free from viruses or malicious programmes, or compatible with any particular device.

9. Liability

9.1 Nui does not have any liability or responsibility to a Customer under or connection with the Customer’s access to, or use of, the Platform. The Customer’s sole remedy in connection with any issue or claim it may have regarding access to, or use of, the Platform should be directed to the Solution Holder. Without limiting the foregoing, Nui's liability and responsibility is excluded for any indirect or consequential loss or damage of any kind (including, but not limited to, any loss of opportunity, anticipated savings or unauthorised use).

9.2 Nui may, upon your request, enter information into the platform on your behalf. Nui are not liable for any errors made during this process. It is solely your responsibility to confirm the accuracy of any information entered in such instances.

10. Amendments

10.1 Nui reserves the right to amend this Terms of Use agreement, in whole or in part, for any reason at any time. If Nui amends this Terms of Use agreement the amendments will be effective immediately upon posting of the amended Terms of Use agreement on the Platform and the date at the beginning of the Terms of Use agreement will be updated to the date such amendments take effect. Your continued use of the Platform after any amendments are made will be confirmation of your acceptance of the Terms of Use agreement as amended.

11. General

11.1 You may not, directly or indirectly, assign, transfer or otherwise dispose of any of your rights or interests in, or obligations or liabilities under, this Terms of Use agreement.

11.2 No waiver of any breach, or failure to enforce any provision, of this Terms of Use agreement at any time will in any way affect, limit or waive Nui's right to enforce and compel strict compliance with the provisions of this Terms of Use agreement.

11.3 If any part of this Terms of Use agreement is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable such determination will not impair the enforceability of the remaining parts of this Terms of Use agreement, which will remain in full force and effect.

11.4 This Terms of Use agreement, and any dispute arising out of or in connection with these terms, shall be governed by and construed in accordance with the laws of New Zealand.

12. Contacting Us

12.1 For any questions about this Terms of Use agreement contact support@nuimarkets.com.

Last updated on: 03 April 2020.