Terms & Conditions

To request to sell shares through sharemeup sell, you’ll first need to visit sell.sharemeup.co.nz.

Please note from time to time we may schedule service outages to provide updates and upgrades to keep the Service running smoothly.

The sharemeup sell website will explain how to access the Service.

You must meet our criteria to access the Service.

You must:

• be 18 years or older;
• live in New Zealand;
• hold investments individually, and not as a company or trust;
• let us know if you are, or you later become, a Prescribed Person (we may decide to not let you use our Service);
• only use the Service for your own personal investments, and not for any business purpose; and
• comply with all applicable Laws when using our Service.

If you are an employee of an Issuer enabled on sharemeup sell, or otherwise subject to an Issuer’s Security Trading Policy (or equivalent), you agree not to use the Service in a way that will breach that policy.

Please note that at this time to use sharemeup sell you must be an individual holder and the beneficial owner of the financial products that will be sold through the Service.

Please note we don’t have to provision access for you to the Service or provide any reasons for not doing so.

Visit the “Securities” section of the website. Setting up a sale order requires you to select the Issuer/financial product and then review the provided quote.

You can sell an up to an amount of $30,000 worth of financial products in any of the Issuers listed.

Once your Issuer/financial product has been chosen, you must:

• review the provided quote; and
• check the bank account where proceeds will be disbursed;
• and agree to the sale order terms and conditions before submitting.

Changes to your order must be made before 12pm NZT on the date of submission OR before 12pm on the date following the submission date if submitted after 12pm.

Once your order/s have been submitted as outlined above, we will send them to the broker. Where an order is received before 12pm NZT on a Business Day, we will use reasonable effort to instruct the broker to execute your order.

If we receive an order from you after 12pm NZT on a Business Day or we receive your order on a day that is not a Business Day we will instruct the broker to proceed with your sale request on the next Business Day.

Please note that once an order has been accepted by the broker, you cannot amend or cancel an order.

The settlement date will usually be T+3 (two Business Days following the trade date), and you will receive an email confirming disbursement of net proceeds.

By submitting an order, you authorise us to put your financial product onto the market by instructing our broker to bring an order to the market at the market price at the time that the order is placed by the broker.

If other sharemeup sell users place orders in the same Issuer and financial product, you agree that we may bundle your orders together. This won’t affect the proceeds of the financial products – you will still receive the proceeds for the shares you have instructed to sell.

If you want to close your Account, you can request to do so through the website. It takes up to 14 Business Days to close your Account once your request is received by us.

We can close your Account with immediate effect, at any time, by giving written notice to you, if:

• you breach any of our terms which can't be remedied or (if such a breach can be remedied) you fail to remedy that breach within 7 days of being notified in writing to do so;
• we have reasonable grounds for believing you have committed or are about to commit a crime; or
• we are obliged to close your Account as a matter of Law.

You will pay us any costs and expenses associated with closing your Account. We will not be liable to you for any loss you suffer as a consequence of us closing your Account.

We may also close your Account or the Service for any other reason by giving you at least 14 days’ written notice via email.

If your Account is closed for any reason, we will complete any outstanding orders provided the broker has already accepted them.

We do not give personalised advice. Any information we give you is of a general nature and is prepared without taking account of your objectives, financial situation or needs. You should consider the appropriateness of the information, having regard to your objectives, financial situation and needs. If you’re unsure whether or not this Service and/or a particular investment is right for you, you should get advice from a suitably qualified financial adviser.

We don't provide any discretionary investment management service for your investments. We act as your agent on your instructions under our terms.

Be aware that investing is not without risk. All investments can go down in value as well as up. We are not responsible if you lose money; for example, if the value of your investments goes down. We are not the Issuer or manager of any of the investments available through the Service and we don't accept any responsibility for the performance of any investments.

We are not responsible for any tax that you owe as a result of using the Service.

We may suspend our Service in part or in full if we consider it necessary, for example to maintain or upgrade our systems, in emergencies, in periods of exceptional trading activity, when we decide it is sensible for our or your protection, or for regulatory reasons.

Under the Service we may provide you with pricing information, news, data, calculations, product disclosure statements, and other investor information (“Market Information”). The Market Information is either from us or from third parties. The information remains our property or the property of the third party that has supplied it to us.

You understand that the information is only for your personal use and you won’t provide it to anyone else, copy it, or reproduce it.

We do not verify the information provided by third parties. We do not make any representation or warranty as to the timeliness, reliability, accuracy or completeness of the material, nor do we accept any responsibility for errors in, or omissions, from that material.

Subject to any terms implied by Law and which cannot be excluded, neither we nor any third party supplier takes responsibility for, or guarantees the availability, timeliness, reliability, accuracy, or completeness of, the information we may provide to you, including any data that the information is based on.

Neither we nor any third party supplier accepts any responsibility of any kind for any loss or damage in any way related to any unavailability, delay, inaccuracy, error, or incompleteness of any information we may provide to you including any data that the information is based on.

We can change or stop providing all or any part of the Market Information to you at any time, without giving you notice.

Methodology Disclaimer: The information provided represents the output of the methodologies adopted and does not necessarily reflect the views of MPMSNZ.

We don’t guarantee that our Service will be wholly secure or error-free. To the maximum extent permitted by Law, we provide our Service without any warranty of any kind. That means you use our Service at your own risk. It also means that we exclude and disclaim all implied warranties, to the extent that we legally can.

To the maximum extent permitted by Law:

• we are only responsible to you for your direct loss to the extent shown to be the direct result of our fraud, or our wilful default on our obligations to you under these terms;
•  we are not responsible to you or anyone else for anything in any way related to the Service, whether for breach of contract, tort, or other cause;
• we are not responsible for anything that is outside of our reasonable control or the reasonable control of our directors, officers, employees, agents, or third party suppliers;
• if we are responsible to you, we are not responsible for any indirect, special, or consequential loss or damage; failure to avoid loss; any loss of profits, business opportunity, or anticipated savings (whether direct or indirect in each of these cases);or incidental loss; and
• if we are responsible to you for any cause, our total responsibility, is capped for any event or series of related events to an amount equal to the total brokerage fees paid by you to us for your Account in the last 12 months.

These exclusions, the limitation, and cap on responsibility applies to us, our directors, officers, employees, agents, and third party suppliers for our and their acts and omissions.

Nothing in our terms will limit any rights or remedies that you may have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993 to the extent those rights cannot be limited by Law. 

By using our Service, you agree to the terms and conditions contained in this document. You also agree to comply with all applicable Laws when using our Service. In particular, using our Service will not relieve you of your obligation to comply with the insider trading provisions in the New Zealand Financial Markets Conduct Act 2013. You must not use our Service in a way that breaches the prohibition on insider trading in New Zealand or any other applicable jurisdiction.

You are responsible for any activity that occurs on your Account. We assume that any instruction we receive through your Account is a valid instruction from you rely on that instruction in providing our Service. We are not required to verify your instructions.

When we receive an instruction from your Account, our record of that instruction is conclusive evidence of the contents of your instruction.

You can’t assign your rights to your Account (including any money or investments) or use of the Service to anyone else without our prior written consent.

You must take all reasonable steps to keep your Account secure. To keep your Account information secure, you should:

• change your password regularly;
• ensure that no one sees you enter your security details; and  
• keep the details we hold about you current.

You must immediately report any information loss, suspected theft, or misuse of your Account to us. 

You accept that:

• we own (or license) the Intellectual Property Rights in our name, software, associated technology, the Service, and all related materials;
• except as expressly set out in our terms, you have no right, title, or interest in or to these Intellectual Property Rights or in any improvements or variations that may be made to the Service or any related materials;
• except as expressly provided for your personal use of the Service, nothing in our terms is to be read as giving you any right to use these Intellectual Property Rights without the prior written consent of us or our licensors;
• you won't reverse engineer, decompile, disassemble, modify, or create derivative works of the Service or any part of it; and
• if you provide feedback on the Service, you assign ownership to that feedback to us (including any Intellectual Property Rights) without charge. 

You agree that you won’t use unauthorised automated means to access the Service or information on it for any purpose.

You agree that you won’t extract material from our Service without our express permission.

To the maximum extent permitted by Law, you agree that: 

• you are fully responsible for your investment choices, and we are not responsible for how your investments perform;
• you have not relied on any representation by us (other than set out in our terms) and we have no responsibility of any kind to you if you have;
• any information we provide to you is general only, and we have no responsibility of any kind to you for any investment decisions you make that rely on this information; and
• you assume full responsibility for any cost, loss, damage, expenses, taxes or fines in any way related to your Account or your access to or use of the Service. 

To the maximum extent permitted by Law, you indemnify us (for all costs, loss, damage, and fines) and hold us harmless for any claim that you or anyone else makes that is in any way related to your Account or your access to or use of the Service. An indemnity means a promise to pay someone to make up for a loss they have suffered. The indemnity you provide to us does not apply to the extent of any claim for direct loss shown to be the direct result of our fraud, or wilful default on obligations to you under our terms. The indemnity is given to us and our directors, officers, employees, agents, and third party suppliers.

Please let us know if something has gone wrong and we will try and fix it straight away. You can contact us by emailing hello@sharemeup.co.nz.

If we do not resolve your complaint to your satisfaction or if we fail to do so within 40 Business Days of receiving your complaint, you can also direct your complaint to Financial Service Complaints Limited at FSCL, PO Box 5967, Wellington 6145, or call 0800 347 257 or email info@fscl.org.nz.

From time to time, we may update or change these terms. If we do so, we will give you 14 days’ notice via email. However, we may give less notice in special circumstances; for example, if we're required to make a change for legal reasons.

If it turns out that part of these terms can't be enforced, then that part will be removed or edited as little as possible, and the rest of the terms will continue to apply.

We can appoint any person who we are satisfied is competent to perform any of our responsibilities .

We may transfer any of our rights and obligations under these terms in whole or in part to anyone.

If we do not enforce our rights under these terms, or we delay in doing so, it doesn’t mean we’ve given up those rights.

Our rights under this Agreement continue even when your Account is closed or you’ve stopped using the Service.

Our terms are governed by New Zealand Law, and the Courts of New Zealand have exclusive jurisdiction if there is a dispute.

If any of our terms are inconsistent with any Law, then the Law will apply. Other terms may also be implied by Law.

Headings are provided only to make these terms easier to read and understand.

Some words have a special meaning:

“Account” means your account with us that permits you to use our Service

“Business Days” means a day when banks in New Zealand are open and excludes Saturdays, Sundays, New Zealand (national) public holidays, and all days between Boxing Day and the day after New Year’s Day.

“Intellectual Property Rights” means any and all vested, contingent, and future intellectual property rights, including but not limited to copyrights, patents, trademarks, service marks, design rights (whether registered or not), moral rights, know-how, trade secrets, inventions, set-up, and any applications for the protection or registration of these rights anywhere in the world

“Law” means any applicable New Zealand law and/or regulation and the NZX Rules

“Minimum Holding” has the meaning given to the term in the NZX Listing Rules

“NZX” means NZX Limited, the operator of the New Zealand Stock Exchange

“Prescribed Person” has the meaning given to the term in the NZX Participant Rules

We charge an administration fee each time we place an order on your behalf and also a brokerage fee. The fee is capped at 0.4% of the amount of the order. When you use our Service, you agree to pay us these fees. We may change our fees from time to time by giving you notice, and if you do not agree to the fee, you may stop using the Service.

Proceeds received from the broker, may, before it’s disbursed, earn interest from our bank where it is deposited. You agree that we can keep that interest as part of the fees for using the Service.

We will keep detailed records of your orders in your Account. If at any time you would like more information on your orders, please get in contact with our investor service team by email at hello@sharemeup.co.nz.

When you access and use our Service, we collect information about you. You agree that we can use your information under the terms of our Privacy Policy contained on the sharemeup sell website.