Harbour Asset Management Limited
Client Portal and Mobile Application - Terms and Conditions of Use
1. Introduction
1.1 These Terms and Conditions (“Terms”) govern your access to and use of the Harbour Client Portal and any associated mobile application (together, the “Portal”), operated by Harbour Asset Management Limited (“Harbour”, “we”, “our” or “us”).
1.2 The Portal provides clients with access to account information, reporting, communications, and (where enabled) transactional functionality relating to their investments.
1.3 By accessing or using the Portal, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Portal.
2. Eligibility and Access
2.1 Access to the Portal is available only to persons registered and approved by Harbour.
2.2 Each user must be issued with unique login credentials. Login credentials must not be shared between users.
2.3 You may request Harbour to provide access to your Portal account to additional authorised persons (for example, financial advisers or family members). Each authorised person must be separately registered and issued their own login credentials.
2.4 You are responsible for ensuring that any person you authorise to access your account complies with these Terms.
2.5 You will require an internet connection before you can access the Portal, and you should engage with an appropriate and reputable internet service provider for this purpose.
2.6 Once you are given access to your Portal account by us, you must log in at least once per year. If we detect that you have not logged in during any 12 month period, we will disable access to your Portal account for security purposes. If you wish to reactivate access, you will need to contact us to do so.
3. Use of the Portal
3.1 You must use the Portal solely for lawful purposes and in accordance with these Terms.
3.2 You must not:
(a) use the Portal in any unlawful, fraudulent, or misleading manner;
(b) attempt to interfere with or disrupt the operation or security of the Portal;
(c) use the Portal in any way that may impair availability or performance; or
(d) copy, reproduce, or exploit any part of the Portal except as permitted by law or with Harbour’s prior written consent.
4. Security and Login Credentials
4.1 You are responsible for maintaining the confidentiality and security of your login credentials.
4.2 You must take all reasonable steps to protect your login credentials, including:
(a) not disclosing your password or login details to any person;
(b) not leaving your device unattended while logged into the Portal; and
(c) ensuring your device has appropriate security protections in place.
4.3 You must notify Harbour immediately if:
(a) your login credentials are compromised or suspected to be compromised; or
(b) you become aware of any unauthorised access to your account.
4.4 You are responsible for all activities carried out using your login credentials, except to the extent caused by Harbour’s negligence or breach of law.
5. Transactions and Instructions
5.1 The Portal may enable you to submit instructions, including investment transactions, withdrawals, and transfers.
5.2 Harbour may reject, delay, or reverse any instruction where reasonably required for security, fraud prevention, regulatory compliance, incomplete information, or operational constraints, and if it does reject, delay, or reverse any instruction Harbour will use reasonable commercial endeavours to notify you as soon as practicable.
5.3 Instructions submitted through the Portal will be treated as authorised by you.
5.4 Harbour’s records of instructions and transactions processed through the Portal will be conclusive evidence of those transactions unless proven otherwise.
5.5 Transaction processing may be subject to cut-off times, market conditions, and other operational requirements. Timing of transactions is not guaranteed.
6. Transaction Disputes
6.1 You must notify Harbour as soon as reasonably practicable if you believe a transaction is incorrect or unauthorised.
6.2 Harbour will acknowledge receipt of your notification and investigate the matter within a reasonable timeframe.
6.3 Harbour will notify you of the outcome of its investigation within a reasonable period. If additional time is required, Harbour will advise you accordingly.
7. Information and Reporting
7.1 Information provided through the Portal is for general informational purposes only.
7.2 Asset values, balances, and reports:
(a) are indicative only;
(b) reflect values at a point in time; and
(c) may change due to market movements or other factors.
7.3 Nothing on the Portal constitutes or is intended to be financial advice to you.
7.4 Harbour does not warrant that the information provided is free from error or omission, but Harbour will use all reasonable commercial endeavours to ensure all information is accurate and up-to-date.
8. Availability of the Portal
8.1 Harbour does not guarantee that the Portal will be available at all times or operate without interruption.
8.2 The Portal may be unavailable from time to time, including for maintenance, upgrades, or due to unforeseen outages.
8.3 To the extent permitted by law, Harbour is not liable for any loss arising from the unavailability of the Portal.
9. Communications
9.1 Harbour may communicate with you via the Portal, email, SMS, or other electronic means.
9.2 You must ensure that your contact details provided to Harbour are accurate and up to date.
9.3 Communications sent to your last notified contact details will be deemed received.
10. Privacy
10.1 Harbour collects, uses, stores, and discloses your personal information in accordance with its Privacy Policy.
10.2 The Privacy Policy is incorporated into these Terms by reference. A copy of our Privacy Policy is available at www.harbourasset.co.nz.
11. Intellectual Property
11.1 All intellectual property rights in the Portal and its content are owned by Harbour or its licensors.
11.2 You may not copy, reproduce, distribute, or otherwise use any part of the Portal without Harbour’s prior written consent, except as permitted by law.
12. Liability
12.1 To the maximum extent permitted by law, Harbour is not liable for any indirect, incidental, or consequential loss arising from your use of the Portal.
12.2 Harbour is not responsible for losses arising from system outages, delays, or errors except to the extent caused by Harbour’s negligence or breach of law.
12.3 You are liable for any loss suffered by Harbour arising from your fraud, negligence, or breach of these Terms, including any failure to maintain the security of your login credentials.
12.4 Nothing in these Terms limits any rights you may have under applicable New Zealand law.
13. Suspension and Termination
13.1 Harbour may suspend or terminate your access (or the access of any authorised person) to the Portal at any time where reasonably necessary, including for security reasons, suspected misuse, fraud, or compliance with legal or regulatory obligations.
13.2 You may cease using the Portal at any time upon providing written notice to Harbour.
14. Changes to the Portal and Terms
14.1 Harbour may update or modify the Portal or these Terms at any time.
14.2 Harbour will provide notice of material changes where reasonably practicable.
14.3 Your continued use of the Portal after changes take effect constitutes acceptance of the updated Terms.
15. General
15.1 These Terms constitute the entire agreement between you and Harbour in relation to your use of the Portal.
15.2 If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
15.3 Any failure by Harbour to enforce a provision of these Terms does not constitute a waiver of its rights.
16. Governing Law
16.1 These Terms are governed by the laws of New Zealand.
16.2 You submit to the non-exclusive jurisdiction of the courts of New Zealand.