- TERMS & CONDITIONS -

General

These Terms and Conditions apply to this website (www.quaystreet.com) of Smartshares Limited, acting as manager of the QuayStreet Funds and teh QuayStreet KiwiSaver Scheme ("Smartshares", "we", "us" or "our") and all services available through this website. Please read these Terms and Conditions carefully.
By accessing this website and or using the information or services provided on or via this website you agree to be bound by these Terms and Conditions.
This website and the products and services have been designed in accordance with New Zealand laws. The website is not designed for any other jurisdiction and is not an offer or solicitation in any other jurisdiction.

Use of this Website
The information provided on or via this website is for information only and should not be used as a substitute for any form of advice. The information on this website does not take into account your financial position, needs, goals or risk tolerance. Before making any investment decision we recommend you contact your investment adviser and consider any applicable product disclosure statement or other terms and conditions.
Although we attempt to provide accurate, complete and up-to-date information, which has been obtained from sources that we consider reliable, we make no warranties or representations, express or implied, as to whether information provided on or via this website is accurate, complete, up-to-date or suitable for your intended use.
Your use of the website is at your own risk.  You agree we are not responsible for any damage or harm arising out of your use of the website.
We do not represent or warrant that this website functions without error or interruption or is free from viruses. Our website may be unavailable at our discretion.
Use of this website that may hinder the use of other Internet users, that can endanger or jeopardise the functioning of this website, affect the information provided on or via this website or the underlying software, or is in breach of any law is not permitted.

Third Party Information, Products and Services
Where we provide hypertext links to third party websites, such links are not an endorsement by us of any products or services provided on or via such websites. The use of such links is entirely at your own risk and we accept no responsibility or liability for the content, use or availability of such websites. We have not verified the truth, accuracy, reasonability, reliability, and completeness of any content of such websites.
Links to our website from other websites are not permitted without our prior written consent.

Intellectual Property
We, our related companies (and our respective licensors) retain all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information provided on or via this website (including all texts, graphics and logos). You may not copy, download, publish, distribute or reproduce any of the information contained on this website in any form without our prior written consent or the appropriate consent of the owner. However, you may print and/or download information contained on this website for your own personal use and you are responsible for the security of the printed or downloaded information. You must not remove or hide any copyright or proprietary notices or terms of use on the copies or downloads.

Communication Online
Messages that you send to us by email may not be secure. We recommend that you do not send any confidential information to us by email. If you choose to send any messages to us via email, you accept the risk that they may be intercepted, misused and modified by a third party. Any email instructions to buy or sell securities are deemed to be given when acted upon or acknowledged by us. To learn more about cyber fraud click here.

Smartshares Limited is a wholly owned subsidiary of  NZX Limited.

Smartshares, NZX Limited and their related companies are engaged in a wide range of investment and financial services, both for their own account and for the account of clients. Please see the applicable product disclosure statement or other terms and conditions for more information about Smartshares' and its related companies’ functions.

This website is administered by Smartshares Limited.
When you visit this website or otherwise interact with us we may collect personal information about you, either directly (where you are asked to provide the data, such as part of an online sign up process for certain products) or indirectly through tracking your use of the website or otherwise. We will use this personal information in accordance with the purposes set out in this Privacy Statement or contained in the applicable online form and the Privacy Act 2020. We recognise the importance of safeguarding the personal information collected. 

You may decide not to provide your personal information to us. However, if you do not provide it, we may not be able to provide you with access to the website or certain parts of the website or you may not be able to fully utilise all of our products and services.

Purposes of collection and processing

 We collect and process information about customers and visitors to our website to conduct our business, administer your accounts, to comply with certain laws and regulations and to inform and make available our or our related companies’ products and services that may be of interest to you and for the development of web statistics. The information you provide may be viewable by our personnel (as appropriate), contractors and our service providers. The information will be used by us, our related companies or our service providers to contact you when necessary, e.g. to notify you about functional changes to the website and to offer or carry out services that you may find helpful (provided you have not opted out of receiving such services).
When you subscribe to one of our newsletters or register for an information pack or a call back, the details you provide may be stored by us and in secure third party database by our service providers. You will be asked to provide your name, email address and other information so we can contact you and send you electronic information or future electronic newsletters. When you unsubscribe to our newsletter, your details will be removed from the database.
When you apply for a financial product on our website your personal information will be collected and used in accordance with the terms and conditions applying to that product and this privacy statement.
When you appoint us to provide you with services your personal information will be collected and used in accordance with our application form, investor declaration and this Privacy Statement.
We may also use personal information for other reason permitted under the Privacy Act e.g. with your consent, for a directly related purpose, or where the law permits or requires it.

Holding of information

When you provide personal information it will be held by us and may be stored or accessed on our behalf (in New Zealand or overseas) by our service providers (such as those that provide data hosting services for us).  We will store and keep your personal information secure in accordance with the Privacy Act and any service providers will be subject to our information security and privacy requirements.

Disclosure of information

We will generally not share personal information that is provided or collected through this website or other interactions with you (outside of Smartshares or NZX Limited group of companies and our service providers) unless it is necessary to do so for the purpose for which you gave us the information (e.g. to process an application), or where you consent or as required or permitted by law.

Rights of access and correction

You have the right to find out from us whether we hold personal information about you, access that information and if applicable request correction of that information. This can be done by contacting us as set out below.
Please see the application form within the product disclosure statements for more information about how we manage our clients' information, who we can disclose it to and rights of access and correction. 

Cookies and Web Analytics

We may gather and analyse information regarding usage of this web site, including domain name, the number of hits, the pages visited, previous/subsequent sites visited and length of user session. This information may be gathered by using a cookie. A cookie is a small text file placed on your hard drive by our web page server. You can choose whether or not to use a cookie by altering the settings of your browser.
The cookies are used to recognise you online and to gather information about your online activity and browsing habits (including the pages you have visited and the links you have followed).  These cookies, assist us to make our websites and the advertising displayed on the websites more relevant to you (i.e. by helping us tailor our content, marketing communications, offers and advertisements to your interests.)
These cookies may be placed on our websites by carefully selected third parties on our behalf (with our permission) in order to help us (i) track the effectiveness of advertising and online marketing campaigns, (ii) measure referrals from third party sites to our website, (iii) conduct market research.
We also use other tools in order to understand and optimise user experiences, including but not limited to Google & Facebook’s Remarketing features.  We may share the information we learn through advertising/targeting cookies with carefully selected third parties for these purposes, unless you disable or block cookies.
For more information about advertising/targeting cookies and to understand your options, please visit http://www.aboutads.info/choices/. Please note this does not opt you out of being served advertising as you will continue to receive generic ads.

Third party sites

Please note that this Privacy Statement does not extend to third party sites linked to this website. We have no control over the content or privacy notice practices of such sites. We encourage you to review the privacy policies of such sites before engaging in any activity with them.

Commercial electronic messages

If you provide us with electronic contact details, you agree that we may send you commercial electronic messages (e.g. texts and emails) for any of the purposes set out in this Privacy Statement.

How to contact Smartshares

Your information is collected and held by Smartshares at the address below. You have rights of access to, and correction of, your personal information.
If you have any questions about this Privacy Statement, your information or corrections to your personal information you can contact us via postal mail or via email:
QuayStreet Client Services 
Phone – 0800 782 900 
Email – info@quaystreet.com 

Physical Address 
Smartshares Limited
Level 36, Vero Centre 
48 Shortland Street 
Auckland Central
Auckland 1010 

Postal Addresses 
Smartshares Limited
PO Box 1196 
Shortland Street 
Auckland 1140 


Amendments

We reserve the right to modify sections of this Privacy Statement at any time. Please check this statement from time to time for any changes.

This Privacy Statement was last updated on 23 February 2023.

Security is a top priority and we have security methods and technologies in place to protect the details that you transmit over the internet, but no system can ever be guaranteed as 100% safe.

We may utilise services from one or more third party suppliers to manage our data and monitor or maintain the cyber security of our systems and information.  These third party suppliers will have access to monitoring and logging information as well as information processed on our websites and other IT systems.
Rapidly advancing technology and the open nature of the internet, for example, make it difficult to achieve watertight security. This is why you too must keep an eye on your own safety, especially when downloading files and supplying personal details on the internet. It's wise for you to take some personal precautions, so we can both ensure that any risks related to using our website is kept to a minimum. We recommend you keep your technology up to date with current security systems and operating systems updates.

Passwords

You may apply for user names, passwords or PIN codes (Security Information) to access parts of our website. You are required to select a suitable password.
You are responsible for keeping your Security Information safe and agree not to share it with anyone else. You must not write your Security Information down or store it electronically (on your computer or phone). You should change your password regularly and password protect all devices (such as computers, phones or tablets) that access your personal information on our website. Do not leave your devices unattended while logged on to our website.
You must notify us immediately if your Security Information is used or becomes known by anyone else.

Email fraud and bogus websites

 You may have heard of the term 'phishing'. It refers to fraudsters 'fishing' for your personal and financial details to use for criminal purposes.
Criminals do this, for instance, by making identical copies of the websites of large reputable enterprises such as Smartshares. They may also send scam emails in the hope of tricking you into surrendering your personal information.
Remember: We will never ask you for confidential information in this way.

How can I recognise a bogus website?

 Whenever you are uncertain of whether the website on your screen is genuine, check the exact internet address, or URL. The URL of the corporate internet sites related to the QuayStreet Funds and QuayStreet KiwiSaver Scheme end with www.quaystreet.com. To make sure you have the correct URL, you can type it in yourself e.g. www.quaystreet.com. That way, you avoid being directed to a bogus address by a misleading banner or link.

How can I recognise a scam email?

 Without using additional measures such as a digital signature, it is easy for fraudsters to imitate emails. But that doesn't mean you can't recognise scam emails. Cyber-criminals often place alarming, enticing or exciting subjects in their emails with the hope of tempting you to respond impulsively and divulge the requested information. So, always take your time to read the email carefully. In case of doubt, it is better not to respond. If you do choose to respond, always first check that the mail is genuine by contacting the company that is the apparent sender by telephone, for instance.

Remember: We will never ask you via email to supply confidential information.

Must I keep sensitive information confidential?

 Always be careful when asked for sensitive information such as account numbers, card numbers, PIN codes and address details. We will never ask you for this via email. We always handle your personal information and security with the utmost care. To learn more about cyber fraud click here,

 To the extent permissible at law, neither we, our related companies nor any of our employees, officers, agents or third party suppliers shall be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary loss, damage, cost or expense whether in contract, tort (including negligence) or otherwise, including lost profits (in each case, even if we are advised of the possibility thereof) arising in any way from or in connection with any of the following:

i. your access to or use of our website;
ii. any unauthorised use of your Security Information;
iii. the information provided on or via this website including any errors or omissions on the website or any reliance on the information, reports, statements, tools or calculators;
iv. any defects, viruses and any other malfunctions caused to any equipment and other software in connection with access or use of this website;
v. the interception, modification or misuse of information transmitted to us or transmitted to you;
vi. the functioning or non-availability of this website;
vii. the misuse of this website;
viii. the loss of data;
ix. downloading or use of any software made available by this website, or
x. claims of third parties in connection with the use of this website.
The exclusion of liability is also made for the benefit of our directors, employees and related companies.

If for any reason we or our related companies or any of our employees, officers, agents or third party suppliers are found to be responsible to you for damage arising out of your use of this website our liability to you for all damages, losses and claims (including in contract, tort (including negligence) or otherwise) will be limited to the amount paid by you, if any, for accessing our website.
To the maximum extent permitted by law and solely to the extent it is fair and reasonable to do so, to the extent that you are using this website for the purpose of a business you agree that the Consumer Guarantees Act does not apply. To the extent the Consumer Guarantees Act applies and you are not using this website for business purposes, nothing in these terms limits your rights (if any) under the Consumer Guarantees Act.

We reserve the right to change the information and services provided on or via this website, including these Terms and Conditions, at any time and without notice. We recommend that you review the information provided on or via this website, including these Terms and Conditions, periodically for changes. Your use of the website following any changes to the website or the Terms and Conditions indicates your acceptance of the changes.

These Terms and Conditions are governed by New Zealand law and the New Zealand courts shall have exclusive jurisdiction.

The S&P/NZX 50 Index, the S&P/ASX 200 Index and the S&P/NZX Investment Grade Corporate Bond Index (each and “Index” and collectively the “Indices”) are products of S&P Dow Jones Indices LLC or its affiliates (“SPDJI”) and/or its third party licensors, and has been licensed for use by Smartshares Limited (“Smartshares”).  Standard & Poor’s® and S&P® are registered trademarks of Standard & Poor’s Financial Services LLC (“S&P”); Dow Jones® is a registered trademark of Dow Jones Trademark Holdings LLC (“Dow Jones”); NZX is a trademark of NZX Limited; ASX is a trademark of ASX Operations Pty Ltd. and these trademarks have been licensed to SPDJI and have been sublicensed for use for certain purposes by Smartshares.  Smartshares' Funds are not sponsored, endorsed, sold or promoted by SPDJI, Dow Jones, S&P, any of their respective affiliates (collectively, “S&P Dow Jones Indices”) or S&P Dow Jones Indices’s third party licensors, including NZX Limited and ASX Operations Pty Ltd (“Third Party Licensors”).  Neither S&P Dow Jones Indices nor Third Party Licensors make any representation or warranty, express or implied, to the owners of Smartshares' Funds or any member of the public regarding the advisability of investing in securities generally or in Smartshares' Funds particularly or the ability of the any of the Indices to track general market performance.  S&P Dow Jones Indices and Third Party Licensors only relationship to Smartshares with respect to the Indices is the licensing of the Indices and certain trademarks, service marks and/or trade names of S&P Dow Jones Indices and Third Party Licensors.  The Indices are determined, composed and calculated by S&P Dow Jones Indices and/or Third Party Licensors without regard to Smartshares or Smartshares' Funds.  S&P Dow Jones Indices and Third Party Licensors have no obligation to take the needs of Smartshares or the owners of Smartshares' Funds into consideration in determining, composing or calculating the Indices.  Neither S&P Dow Jones Indices nor Third Party Licensors are responsible for and have not participated in the determination of the prices, and amount of Smartshares' Funds or the timing of the issuance or sale of Smartshares' Funds or in the determination or calculation of the equation by which Smartshares' Funds are to be converted into cash, surrendered or redeemed, as the case may be.  S&P Dow Jones Indices and Third Party Licensors have no obligation or liability in connection with the administration, marketing or trading of Smartshares' Funds. There is no assurance that investment products based on any of the Indices will accurately track index performance or provide positive investment returns.  S&P Dow Jones Indices LLC is not an investment advisor.  Inclusion of a security within an index is not a recommendation by S&P Dow Jones Indices to buy, sell, or hold such security, nor is it considered to be investment advice.  
NEITHER S&P DOW JONES INDICES NOR THIRD PARTY LICENSOR GUARANTEES THE ADEQUACY, ACCURACY, TIMELINESS AND/OR THE COMPLETENESS OF THE INDICES OR ANY DATA RELATED THERETO OR ANY COMMUNICATION, INCLUDING BUT NOT LIMITED TO, ORAL OR WRITTEN COMMUNICATION (INCLUDING ELECTRONIC COMMUNICATIONS) WITH RESPECT THERETO.  S&P DOW JONES INDICES AND THIRD PARTY LICENSORS SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS, OR DELAYS THEREIN.  S&P DOW JONES INDICES AND THIRD PARTY LICENSORS MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR AS TO RESULTS TO BE OBTAINED BY SMARTSHARES, OWNERS OF SMARTSHARES' FUNDS, OR ANY OTHER PERSON OR ENTITY FROM THE USE OF THE INDICES OR WITH RESPECT TO ANY DATA RELATED THERETO.  WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT WHATSOEVER SHALL S&P DOW JONES INDICES OR THIRD PARTY LICENSORs BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, TRADING LOSSES, LOST TIME OR GOODWILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.  THERE ARE NO THIRD PARTY BENEFICIARIES OF ANY AGREEMENTS OR ARRANGEMENTS BETWEEN S&P DOW JONES INDICES AND SMARTSHARES, OTHER THAN THE LICENSORS OF S&P DOW JONES INDICES.