Raise Investments Limited Terms of Service

These terms and conditions of use (the “Terms”) apply to you when you access and use this website and the Services (as defined below) that are offered by Raise Investments Limited, and set out how you may use and access the Services.

By accessing the website and/or Services, you are agreeing to these Terms and entering into a legally binding agreement with Raise Investments Limited. In particular, you are acknowledging and agreeing that you have read and understood the “Risks of investing in or holding digital asset funds” section below. If you do not agree to these Terms, you must cease using our website and/or Services immediately.

1.1 The website https://www.raiseinvestments.co.nz/ and the website https://www.raiseinvestments.co.nz together with its related mobile applications, (collectively the “website”) is operated by Raise Investments Limited.

1.2 In these Terms of Service, “Raise”, “we”, “us” or “our” means Raise Investments Limited, and any reference to “you” or “your” means you, the person or entity who accesses and/or uses the website and/or the Services.

1.3 The website enables individuals who subscribe to use our services to find information on digital assets generally and information on how to acquire units in the Bitcoin ETF PIE Fund (the “Fund”). Our services include providing general information about the Bitcoin ETF PIE Fund, the disclosure material, and how and where to purchase units in the Fund through our partners (collectively the “Services”).

1.4 As part of the Services, we may also provide you with general information on digital assets and digital asset funds.

3.1 You acknowledge and agree that:

1. You will read the disclosure material for the Fund before investing.
2. The investment or holding of units in digital asset funds (including the Fund) is unlike investing in traditional currencies, goods or commodities in the market: it involves significant and exceptional risks and the losses can be substantial. You should carefully consider and assess whether trading or holding of interests in digital asset funds is suitable for you depending upon your financial circumstances and tolerance to risk and you should take independent financial advice;
3. We have not advised you to, or recommended that you should, use the website and/or Services, or trade and/or hold interests in digital asset funds;
4. Once a transaction involving transferring interests in digital asset funds has been completed, it is not be possible to reverse the transaction;
5. The value of digital asset funds (and their underlying digital assets) is extremely volatile and may swing depending upon the market, confidence of investors, competing currencies, regulatory announcements or changes, technical problems or any other factors. Raise makes no warranties or representations as to the future value of the Fund and accepts no liability for any change in value of your investments;
6. Raise is not responsible or liable for your investments in any way.
7.  

3.2 You acknowledge that we do not provide any financial advice. A Product Disclosure Statement (PDS) and other disclosure documents required by law have been provided in relation to the Fund, in accordance with the Financial Markets Conduct Act 2013.

4.1 When you use our website or Services, you shall:

1. Comply at all times with New Zealand law;
2. Not interfere with or attempt to impair our computer systems or transit software viruses, worms, other harmful files or other malware;
3. Not use a robot, spider, scraper or other unauthorised automated means to access the website or the Services or any content shown on the website;
4. Not attempt to gain unauthorised access to any part of the website or the Services;
5. Not attempt to reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the website’s source code, formulas or processes;
6. Ensure all information you provide to us is current, complete and accurate (including your contact details);
7. Not use the website and/or the Services to engage in any restricted or criminal activities, including:
   1. Fraud
   2. Malicious hacking;
   3. To carry out any act that is illegal in New Zealand or in the jurisdiction where the person carrying out the activity is resident, domiciled or located; or
   4. Commercial purposes which compete with the website or our business or which would otherwise be detrimental or prejudicial to our interests in any way;
   5. Not use systematic, repetitive or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the website or which may otherwise place an unreasonable load on the infrastructure of the website; and
   6. Not do anything else that may interfere with or negatively affect the operation of our website, the Services or other users’ use and enjoyment of the website and/or Services.

4.2 Raise encourages you to report any problems or vulnerabilities with our website and Services by submitting a support request on our website.

5.1 No warranties:

1. You acknowledge that any transactions that you enter into, using the website or the Services are entirely at your own risk. While we will take reasonable care to ensure that the information available on or accessed through the website and/or the Services is correct, you are solely responsible for the actions you take in reliance on that information.
2. The website and the Services are provided on an “as is” and “as available” basis. Other than any claims you may have with regard intellectual property, to the maximum extent permitted at law, we give no express warranties, and disclaim and exclude all implied conditions or warranties, as to the website and the Services. In particular, we do not warranty merchantability, fitness for a particular purpose and non-infringement; that the website and/or the Services will be compatible with your equipment; or that the website and/or the Services will be free from errors, loss, destruction, interruption, corruption (including corruption of data), or that the website and/or the Services will be timely or secure.
3. You acknowledge that the website does not contain all information that you will require to evaluate whether or not you should invest, use or trade in a digital asset fund. We do not warrant the accuracy or correctness of information displayed on the website and we give no warranties or guarantees or accept any liability (except that which cannot be excluded by law) in relation to the statements, representations and information displayed on the website.
4. You should independently satisfy yourself as to the accuracy of all information provided through the website.

5.2 Limitation of liability
To the maximum extent permitted by law, we will not be liable for any loss, cost, damage, liability, claim or expense which may arise out of, or in connection with, the use of this website and/or the Services, or the use of or reliance on information contained on or linked to this website, including from any: corruption or loss of data or other information; malware that may be transmitted to your computer by use of the Services and/or the website interruption, suspension or discontinuance of the website or the Services; or time delays or time differences between the time shown and recorded on our systems and the time shown and recorded on your own computer or mobile device and systems (as the date and time that you see when you use the Services is based on the date and time settings of your own computer or mobile device).

To the extent permitted by law, in no event will Raise be liable for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused (including due to negligence of Raise, its employees or agents or resulting from any third party) which arise out of, or in connection with any breach of contract (being these Terms), equity, common law, statutory duty or by reason of any representation, implied warranty or other condition.

5.3 Limitation cap
Notwithstanding the “Limitation of liability” section above, other than any claims a user may have under Intellectual Property, if we are found to be liable for any loss, cost, damage or expense arising out of or in connection with your use of the Services or these Terms, our maximum aggregate liability to you will be limited to the total amount of Fees that you have paid to us in the previous twelve months.

5.4 Force majeure
We have no liability to you for any lack of performance, unavailability or failure of the website and/or the Services, or failure to comply with these Terms, due to circumstances out of our control, including change of law, regulations or policy, or an event of force majeure.

6.1 The maximum extent permitted by law, you indemnify us from and hold us harmless against any and all loss or damage, liabilities, penalties, fines, expenses (including reasonable solicitor/client fees) and costs which arise out of or relate to:

1. Your use of the website and/or the Services;
2. Any breach of these Terms or Privacy Policy;
3. Any information that you provide to us via this website; or
4. Any damage that you may cause to this website.

6.2 This indemnification includes liability relating to intellectual property rights and breaches of privacy.

Nothing in these Terms is intended to limit your rights or remedies under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.

8.1 Security: You acknowledge that:

1. The transmission of information over the internet (including to or from the website) is not completely secure or error free. In particular, emails to or from us and information submitted to or accessed via this website may not be secure and you should use discretion in deciding what information you send to us via these means; and
2. Emails to and from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.

8.2 Linking: This website may contain links to other websites (“Third Party Websites“). When you click on those links or access Third Party Websites through the website, we may earn a payment as a result of that referral.

1. We make no representation or warranty as to (and are not responsible or liable for) the Third Party Website, or the accuracy, reliability, legality, decency or any other aspect of its content (“Third Party Content”) or for any infringement of third party intellectual property rights as a result of hosting links to Third Party Websites and Third Party Content on the website.
2. All statements, representations, offers, products or services provided through Third Party Websites and Third Party Content are the sole responsibility of the operator of the Third Party Website or the author of the Third Party Content and to the extent that links to Third Party Websites and/or Third Party Content are hosted on the website, they are done so at the request of the operator or author for the purposes of promoting their offers, products and services. Unless expressly stated otherwise, we do not act as agent, representative, partner or in any other capacity on behalf of such operator or author. The inclusion of a Third Party Website does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, third party goods or third party services referred to on it.

8.3 Cookies
We may use cookies to identify your computer on our server and so we can track your use on our website. In some instances, cookies may collect and store personal information about you. Such personal information will only be used by us in accordance with our Privacy Policy.

8.4 Supported mobile devices and browsers

1. For optimum performance, we recommend that you use the latest version of your current Web browser to access the website. It is the intent of Raise that all of its Web pages and Web-based applications will work well with Google Chrome and the current stable release and one previous release of Mozilla Firefox, Apple Safari, and Microsoft Edge.
2. Web browsers that are fully compatible with these browsers and older versions of these browsers may also be suitable, but Raise does not design or maintain services or test for browsers that are not listed above.

9.1 As part of Raise Investments Limited’s compliance program (to manage compliance with these Terms and with law), we reserve the right to:

1. Review, audit and monitor (manually or through automated means) your use of the website and/or the Services;
2. Take any action we deem appropriate in our sole discretion in accordance with our policies, including suspending or terminating your access, editing, removing or blocking any content that we deem inappropriate or unacceptable, and in the case of any illegal or suspected illegal activity, reporting any matters to the appropriate authority; and
3. Access, collect, preserve or disclose information about your use of the website and/or the Services (including your communications and content you submit) as is necessary to:
   1. Comply with any legal process;
   2. Enforce these Terms;
   3. Respond to any claims or complaints about any content you submit, or act or omissions by you;
   4. Respond to your customer service requests; and
   5. Protect the rights, property, safety of us, any user or the public.

10.1 All intellectual property rights in and to the website, the Services, and the software and other material underlying and forming part of the website and the Services (“Material”) is owned by us (and/or our licensors), unless stated otherwise in these Terms or on the website.

10.2 When using this website and/or the Services, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use those software, tools or applications only as required for your use of the website and the Services and as permitted in these Terms.

10.3 You may download and print content from this website for your own personal or internal business purposes only. You must not use, reproduce, store, publish, adapt, communicate to the public, distribute to third parties, amend, create derivative works from any part of the website or the Services without our prior written consent or otherwise do anything that would infringe our intellectual property rights in the website, the Services and/or the Material.

10.4 Reference on the website to any companies, products, services, branding, offers or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us or the respective trademark owner.

10.5 We reserve all right, title and interest not expressly granted under this licence to the fullest extent possible under applicable laws and you agree to do anything necessary, including executing any documents, to give full effect to this Intellectual property.

You consent to us collecting, storing, using and disclosing your personal information in accordance with our Privacy Policy.

We may amend these Terms at any time by making an updated version available on our website www.raiseinvestments.co.nz. The changes will take effect when we publish them on the website. By continuing to access the website and the Services, you accept those changes.

13.1 These Terms are governed by the laws of New Zealand, and the courts of New Zealand shall have exclusive jurisdiction.

13.2 If any of these Terms are held to be invalid, unenforceable or illegal for any reason, it must be read down to the extent necessary to preserve its operation. If it cannot be read down it must be severed, and the remaining Terms will remain in full force and effect.

13.3 If we do not exercise or enforce any rights available to us under these Terms that does not constitute a waiver of those rights.

13.4 You may not assign, transfer and/or subcontract any of your rights under these Terms.

13.5 You may not assign, transfer and/or subcontract any of your rights under these Terms.

13.6 We may provide you with notices, including notices relating to these Terms by way of electronic communications, including by email or other electronic communication on the Website or through the Services.

13.7 For any complaints about our Services, please contact us at contact@raiseinvestments.co.nz.

13.8 For any other questions about the Website or the Services, please contact us at contact@raiseinvestments.co.nz.

Any information or content made available or referred to on the website:

a. is provided for general information purposes only and does not constitute an offer, opinion, advice, inducement or invitation to purchase a financial product;

b. does not take into account your financial position, needs, goals or risk tolerance; and

c. is provided subject to any disclaimer or comments with the information or content.

Before acting on any information or content on this website, you should consider if it is appropriate for your situation. Before investing or taking any other action, read all relevant offer documents, and seek independent financial, legal and tax advice. All digital asset and/or digital asset fund transactions involve risks. Past performance of any digital asset or digital asset fund described on the website is not a reliable indication of future performance.

The website may contain forward-looking statements, forecasts, estimates and projections. We do not represent or warrant that any forward-looking statements will be achieved or will prove to be correct. Actual future results and operations could vary materially from them.

Information and content on the website are presented as at a particular point in time and is subject to change, including where assumptions or market conditions change. We may update, amend or withdraw any information or content on the website at any time. We do not represent or warrant that the information or content on the website is reliable, accurate, up-to-date, complete or suitable for your intended use. To the maximum extent permitted by law, we do not accept responsibility for errors or misstatements (negligent or otherwise) and we are not liable under any circumstances for any loss suffered as a result of your access or use of the website and/or Services or your reliance on the accuracy or currency of any information or content on the website.