Terms and Conditions

Website Terms of Use

This website is operated by InvestaMatch Limited (referred to on this website as “the Company”, “we”, “us” or “our”). Your use of this website is governed by these Terms and Conditions. By registering to become a member or accessing and browsing this website you agree to be bound by these Terms and Conditions. We make this website available to you in order to provide information about our services and enable you to register online and use our services.

InvestaMatch Limited is only providing a listing publication service and is not responsible for any information contained in advertised listings. Any listing and any resulting transaction including any offer of financial product (as that term is defined under the Financial Markets Conduct Act 2013 (FMCA), must comply with all relevant laws, including the FMCA and associated regulations for any offer of financial products to persons in New Zealand. A listing must not contain any false, misleading or unsubstantiated representations and members will not engage in any misleading conduct in relation to their listing or any offer or transaction.

InvestaMatch Limited makes no warranty or representation that any “match” notified by it will be suitable or any other warranties or representations. InvestaMatch is not a financial product market and therefore does not hold a financial product market license.

Services

This website provides an online opportunity matching platform which notifies registered users looking to fund growth and succession, of possible “matches” with ‘smart money’ platform users, with those users to independently investigate the match further outside of the online platform offered by the Company.

We do not take part in any transactions other than by providing our website as a venue for registered members. If a possible match is notified by us to a member, it is the member's sole responsibility to determine whether the business opportunity is appropriate or to initiate contact with the member listing the opportunity. We do not act as agent for either party and do not participate in any sale or transaction between you and other registered member.

If a member chooses to make contact with a "matched" business opportunity, it does so in reliance on its own judgement and not in reliance on any representation by the Company. It is the responsibility of each member to obtain their own independent professional advice on the business opportunity and any possible match notified by us under this website.

Disclaimer

Transactions and all other contact between you and other registered members (through this website or otherwise) are conducted entirely at your own risk. You agree that we take no responsibility or liability for any misconduct of any registered members including, without limitation, members that have registered under false pretences or who attempt to defraud you. We give no warranties, representations or undertakings in relation to the website, opportunities listed on the website or any registered member, including:

• that the website or the services provided will be uninterrupted, timely, secure or error-free or that any information provided on the website is error-free or reliable;
• about ownership of any item or legal ability for registered members to offer any listed business opportunity or registered members to purchase any business opportunities;
• as to the content, safety, description, worthiness, quality or legality of the business opportunities that are listed on the website;
• as to the accuracy or truth of information provided about business opportunities;
• that any "matched" business opportunity, members will meet your requirements or expectations or are otherwise suitable; or
• about the ability of members to complete a transaction in relation to any listed business opportunity.

Intellectual Property Rights

All intellectual property on this website, including without limitation any trade marks, text, graphics and copyright, is owned by us or our content suppliers.

Right to Use Website and Content

You may use this website only for the purpose of which it is provided. You must not use this website for any fraudulent or other unlawful activity or otherwise do anything to damage or disrupt this website. You may reproduce, copy and distribute the content of this website provided you only use that content for informational, non-commercial purpose and any reproduction includes a prominent acknowledgement of the Company’s rights in the relevant content. You may not reproduce, copy or distribute the content on this website for any other purpose or in any other way without the Company’s prior written consent. If you wish to link to any part of this website, you must get the Company’s prior written consent.

You must be aged 18 years or over to use this website. We reserve the right, in our sole discretion, to reject or withdraw any listing deemed to be inappropriate, offensive or associated with any illegal activities, or for any other reason.

Your Information

You must ensure that any information that you provide when registering with us on this website is correct, complete and up-to-date and advise us as soon as possible if any of this information changes or you become aware of any inaccuracy in the information you have provided. You warrant that you have provided complete, accurate and current information and will ensure it is kept current at all times. We may at our discretion phone or email you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). If you are providing information about a person other than yourself, you warrant that you are authorised by that person to provide that information. You are responsible for maintaining the confidentiality of your registration and password and for preventing unauthorised access. You agree to accept responsibility for all activities that occur under your registration or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Content

We endeavour to ensure that any content will be current, accurate or complete when you access it and we will take steps to correct any error or inaccuracy in any content which is brought to our attention within a reasonable time.

This website may from time to time contain advertisements or other content provided by third parties and links to third party websites. This is provided for your convenience only and we are not responsible for any third-party content on our website or any website to which our website contains links. The inclusion of any such content or link does not imply our endorsement or approval of any linked website or any association with its owners or operators.

You must make your own assessment of the suitability of the content for your own purposes. You are solely responsible for the actions in connection with our website. We recommend you make your own inquiries and seek independent advice tailored to your specific circumstances or objectives. We may change the content on this website at any time without prior notice. If you wish to verify any content on this website at any time, then you should contact us.

All Liability Excluded

To the maximum extent permitted by law:

• This website and the services are provided on an "as is" and "as available" basis for use at your sole risk.
• All warranties, representations, conditions and guarantees (whether express, implied, or statutory) are excluded, including (without limitation) in relation to suitability, fitness for purpose, non-infringement, accuracy or completeness of the services or this website or the content on or accessed through it. You acknowledge that no advice or information that is obtained by you from this website or anyone else shall create any warranty that is not expressly stated in these Terms and Conditions.
• We will not be responsible or liable to you or any other person for any damages, losses, liability or expenses, including indirect losses, loss of profits, loss of data, loss of business or anticipated savings, general and special damages or consequential and incidental loss or damages of any kind, suffered or incurred by you or any other person in connection with your access to or use of, or inability to access or use our services, this website or the content on or accessed through it, the corruption of any data or information held by us or any registered enterprise’s, business accounts, professional’s, partner’s, advisor’s, investor’s or member’s act or omissions, regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.

Indemnity

You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms and Conditions or arising out of any content or investment opportunity or information you submit, post, transmit or make available through the website or otherwise using our services.

Breach and termination of membership

Without limiting any other rights and remedies available to us, we may (at our discretion) limit your activities on the website, remove your profile, any of your business opportunities or any other content, warn other users of your actions, suspend or terminate your registration or refuse to provide our services to you if you breach these Terms and Conditions. We also reserve the right to decline to register or to terminate your registration without entering into further discussions with you, including if we receive any complaints about you from other users, you breach these Terms and Conditions, or we, at our sole discretion deem your behaviour to be unacceptable. Persons who have registered under multiple aliases will have all their aliases disabled. When limiting your activities on the website, we may consider any matter we think appropriate, including prior criminal convictions, insolvency or any other conduct. In the event of termination, you agree not to register or attempt to register a new profile. To the extent that you continue to access the website following termination, these Terms and Conditions continue to apply.

Resolution of disputes

As we are not a party to any sale or transaction between you and another user of this website (eg any other registered member), you agree not to involve or attempt to involve us in any dispute or in the resolution of any disputes that arise between you and another user of this website.

Privacy Policy

We are committed to protecting your privacy. We agree to comply with the legal requirements of the New Zealand Privacy Act 2020 and any other applicable legislation or privacy guidelines.

Emails

We will only email you if you want us to or if required as part of our services. We do not send unsolicited emails.

Pricing

The cost to register on this website is in New Zealand dollars. We reserve the right to change our registration fees at any time and will endeavour to provide timely notice of any such changes.

Payment

We use Stripe Payment Service to facilitate transactions and maximise security. A member must pay the relevant listing fee selected at the time of registration. Our fees are non-refundable unless the cause is deemed to be our fault.

Force Majeure

Without prejudice to any other provision of these Terms and Conditions we have no liability for any lack of performance, unavailability or failure of the services, the website or any content on or accessed through the website or any failure of us to comply with the Terms and Conditions that is caused by any matter beyond our reasonable control.

General

These Terms and Conditions are governed by the laws of New Zealand. If we do not exercise or enforce any right available to us under these Terms and Conditions or delay in doing so it does not constitute a waiver of those rights. A waiver will not be effective unless it is in writing and a waiver of a single breach will not be a waiver of any other breach. If any provision of these Terms and Conditions becomes or is held to be invalid, unenforceable or illegal for any reason, the remaining provisions will not be affected and will continue in full force and effect. Nothing in these Terms and Conditions will be deemed to create a partnership, joint venture, employment relationship or agency between you and the Company.

Amendments

We may amend these Terms and Conditions from time to time without notice, so you should check and read the Terms and Conditions on the website regularly. Any amendments to the Terms and Conditions will apply immediately from the date that the amended Terms and Conditions are available on the website. By continuing to use this website after any such amendment, you are deemed to have agreed to the amended Terms and Conditions.

InvestaMatch Limited - Terms and Conditions (updated September 2023)