Privacy Statement and Legal Notices
Copyright Notification: Copyright 2002 (pending).
Wall Street Banking Corporation Limited, trading as WSBC Bank
(hereinafter referred to as WSBC) owns this service and its
contents. All rights are reserved.
The materials provided in this service, including graphic
images, button sand text, may not be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way,
without the prior written permission of WSBC, except that
you may download, display, or print one copy of the material
on any single computer solely for your personal, non-commercial,
home use, provided that you keep intact all copyright, trademark,
and other proprietary notices. Modification of the materials
or use of the materials for any other purpose is a violation
of WSBC, their affiliates' or third-party information providers'
copyrights and other proprietary rights. Nothing contained
herein shall be construed as conferring by implication, or
otherwise, any license or right under any copyright, patent,
trademark, or other proprietary interest of WSBC, their affiliates,
or any third party.
TRADEMARKS
The WSBC BANK and WSBC Direct logos are trademarks of WSBC
and are not to be copied, reproduced republished, uploaded,
posted, transmitted or distributed in any way without the
written permission of WSBC.
RESEARCH
This service is provided to you subject to the following terms.
You understand that your use of the service constitutes your
consent to and agreement to abide by these terms. You understand
that WSBC and WSBC Direct and/or its affiliates may have opinions
from time to time with regard to any or all of the securities
listed herein and that those opinions may be different than
those obtained by using or stated in parts of this service.
You further understand that information published by WSBC,
WSBC Direct, nor its affiliates or employees will constitute
a recommendation to buy, sell, or hold any instrument, commodity,
stock or any other security.
You agree that at all times or from time to time, WSBC, WSBC
Direct, and/or its affiliates and/or its employees may hold
positions in the securities listed or otherwise mentioned
in this service. You understand that WSBC, WSBC Direct, and
its affiliates may trade for their own account as a market
maker, specialist, odd lot dealer, block positioner, arbitrageur
and/or investor and consequently, that at the time of any
transaction that you make, WSBC, WSBC Direct, or its affiliates
may have a position in such securities, which position may
be partially or completely hedged.
You understand that performance data is supplied by sources
believed to be reliable and that the calculations herein are
made using such data, and that such calculations are not guaranteed
by these sources, WSBC, WSBC Direct or any other person or
entity, and may not be complete.
DISCLAIMER
Limitations and Use Terms
AGREEMENT
The websites, "www.wsbcbank.com" and "www.wsbcdirect.com"
and software “WSBC Direct”, is owned and operated
by WSBC and is offered to you conditioned on your acceptance
without modification of the terms, conditions and notices
contained herein. By accessing and using this website and
Software, you are deemed to have agreed to all such terms,
conditions, and notices.
ACCURACY OF INFORMATION
All of the information on this website is for informational
purpose only. While the information is believed to be accurate,
none of the information on this site should be considered
solely reliable for use in making actual investment decisions.
None of the information on this website is guaranteed to be
accurate, complete, useful or timely nor does WSBC or any
of its affiliates warrant or guarantee such accuracy, completeness,
usefulness or timeliness. WSBC and its affiliates neither
endorse nor are responsible for the accuracy or reliability
of any opinion, advice or statement made on this website.
WSBC, WSBC Direct and their affiliates may make improvements
and/or changes in the Information and/or the services described
herein at any time. Periodic updates to this site are not
guaranteed.
DISCLAIMER
WSBC, WSBC Direct and their affiliates MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE SERVICES OR INFORMATION CONTAINED
ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH SERVICES AND INFORMATION
ARE PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTY OF ANY KIND, WHETHER directly or indirectly
EXPRESS OR IMPLIED. WSBC, WSBC Direct AND THEIR AFFILIATES
HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICES
AND INFORMATION, INCLUDING WITHOUT LIMITATION ALL IMPLIED
WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
WSBC, WSBC Direct AND THEIR AFFILIATES ARE NOT LIABLE FOR
DAMAGES OR INJURY, INCLUDING WITHOUT LIMITATION, DAMAGES OR
INJURY CAUSED BY ANY PERFORMANCE, FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF INFORMATION, WHETHER RESULTING,
IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE OR OTHERWISE.
No judgment or warranty is made with respect to the accuracy,
timeliness, or suitability of the content of other services
or sites to which these screens link, and WSBC and WSBC Direct
and their affiliates take no responsibility therefore. A link
to a service or site outside of this site is not an endorsement
of the service or site, its content, or its sponsoring organization.
By providing access to other websites, neither WSBC, WSBC
Direct nor their affiliates are recommending the purchase
or its sponsoring organization.
All securities transactions are conducted based on signed
written agreements between WSBC, WSBC Direct and, where appropriate,
their affiliates, and their customers, and the terms of those
agreements are binding on the parties. No other representation,
whether made in person, online, electronically, in written,
graphical, or verbal communication, may alter the terms of
those agreements except that your use of this service constitutes
your agreement to the additional terms and conditions applicable
to such use. By using WSBC Direct you accept at your own risk
that the Internet and online communications medium may not
perform as intended despite the efforts of WSBC Direct, your
Internet service provider and you. Reference to a fund or
security included anywhere in this service is not a recommendation
to buy, sell, or hold that or any other security.
You further understand that the materials provided are for
informational purposes only and any references to specific
securities contained therein do not constitute recommendations
to buy or sell. Any investment you make will be based solely
on your own evaluation of your financial circumstances and
investment objectives.
You are required to observe all other provisions and to observe
all other limitations provided in this service from time to
time. WSBC and WSBC Direct expressly prohibits the use of
devices (including software) designed to provide repeated
automated access to this site other than those made generally
available by WSBC and WSBC Direct. WSBC and WSBC Direct reserve
the right to take all measures necessary to prevent such access,
including denial or termination of service. WSBC and WSBC
Direct may make improvements and/or changes in the products
and/or services described in this service, including the terms
and conditions of your use of this service, without liability.
WSBC and WSBC Direct expressly reserve the right to monitor
any and all use of this service.
LIMITATION OF LIABILITY
In no event shall WSBC, WSBC Direct, its officers, directors,
shareholders, agents, affiliates or third-party providers
be liable for any damages, including without limitation direct,
indirect, incidental, exemplary, punitive, special or consequential
damages (including without limitation, attorneys' fees), whether
in an action of contract, negligence or other tortuous action,
that result from the use of, or the inability to use, any
services or materials available on this website, whether or
not such damages were foreseeable and even if WSBC and WSBC
Direct were advised that such damages were likely or possible.
If you are dissatisfied with any WSBC or WSBC Direct Information,
software or other materials, or with any of the terms and
conditions contained in this website, your sole and exclusive
remedy is to discontinue using the website and Software.
RESTRICTIONS ON USE
All materials including but not limited to charts, images,
illustrations, price information, reviews and email newsletters
("Information") are protected by copyright, and
owned or controlled by WSBC. You must access the information
manually by request and not programmatically by macro or other
automated means. You may not use the contents for any unlawful
purpose.
LIMITED LICENSE
Permission to use the Information available from this website
is granted, provided that it is for informational and non-commercial
or personal use only, and no Information available from this
website is modified in any way. Except for the specified uses,
no part of the Information available from this website may
be copied, photocopied, reproduced, republished, licensed,
distributed, performed, displayed, uploaded, posted, translated,
altered, retransmitted, broadcast in any way, exploited, used
to create derivative works, or reduced to any electronic medium
or machine-readable form, in whole or in part, without the
prior written consent of WSBC.
Subject to the terms and conditions of this Agreement, WSBC
and WSBC Direct grant to you a limited, non-transferable,
non-assignable and non-exclusive license ("License")
to use the software programs ("Software") solely
for your personal use. You do not have any right, title or
interest or any copyright, trade secret rights or other proprietary
rights in or to the website, Software or any updates, corrections,
enhancements, modifications and derivative works thereof.
You shall not reverse engineer, copy, disclose, distribute,
transmit, translate, decompile, disassemble, or prepare derivative
works of the Software; and you shall not sublicense, assign,
transfer, rent, sell or dispose of, the Software, or any copy
or any part thereof, on a permanent or temporary basis. WSBC
and WSBC Direct reserve all other rights not expressly granted
to you hereunder.
You shall use your best efforts to protect the confidentiality
of the Software. You acknowledge and agree that due to the
unique and proprietary nature of the Software, damages may
be inadequate to provide WSBC and WSBC Direct with full compensation
in the event of a breach of this Agreement and that WSBC and
WSBC Direct shall therefore be entitled to injunctive relief
in the event of any such breach or threatened breach in addition
to any other legal remedy that may be available.
You shall comply with all laws, rules and regulations which
are now or hereafter promulgated by any government authority
or agency which govern or apply to the operation or use of
the Software. The Software shall not be exported or re-exported
in violation of any export provisions in terms of Cook Island
or New Zealand law or any other applicable jurisdiction. Any
attempt to sublicense, assign or transfer any of the rights,
duties or obligations hereunder or to exceed the scope of
the License is void.
This Agreement is expressly made subject to any laws, regulations,
orders or other restrictions on the export of the Software
or of information about the Software which may be imposed
from time to time by the Government of the exporting country.
Notwithstanding anything contained in this agreement to the
contrary, you shall not export or re-export, directly or indirectly
any Software or bundled products or information pertaining
thereto to any country to which such export or re-export is
restricted or prohibited, or as to which such government or
any agency thereof requires an export license or other governmental
approval at the time of export or re-export without first
obtaining such license or approval.
Subject to your election in the Setup and Settings screens,
you hereby acknowledge and agree that WSBC and WSBC Direct
and their affiliates may gather system data from your computer
(e.g. processes running at the time of the incident, hardware
specifications, and connection information) should a system-related
incident occur, for the purpose of improving your experience
using our Software.
Termination
WSBC and WSBC Direct may terminate this License at any time.
The termination of the License shall not affect your continuing
obligations under this Agreement.
Remedy of Defects
You agree to provide written notice to WSBC and WSBC Direct
of any defect in the Software. WSBC and WSBC Direct may, in
their sole discretion, correct such defect. YOUR SOLE REMEDY
IN THE EVENT WSBC and WSBC Direct DECLINE TO CORRECT ANY DEFECT
IS TO CEASE USE OF THE SOFTWARE.
MODIFICATION OF THESE TERMS AND CONDITIONS
WSBC and WSBC Direct reserve the right to change the Terms
of Use Agreement at any time by revising the terms and conditions
herein. You are responsible for regularly reviewing these
terms and conditions. Such changes, modifications, additions
or deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to,
posting on the website, or by electronic or conventional mail.
Continued use of this website following any such changes shall
constitute your acceptance of such changes.
GENERAL
The terms of this Agreement and the terms of the license Agreement
are not intended to conflict with or supersede those of WSBC
Terms and Conditions or any other agreement entered into between
you and WSBC and WSBC Direct. The Agreements shall run concurrently
as to the respective subject matter contained in each.
This agreement is governed, subject to and construed in accordance
with the laws of the Cook Islands and where the Cook Islands
does not have an appropriate law New Zealand’s law will
be deemed to be the applicable law. You consent to the exclusive
jurisdiction and venue of courts in either the Cook Islands
or New Zealand, in all disputes arising out of or relating
to the use of this website and Software
You shall comply with all laws, rules and regulations which
are now or hereafter promulgated by any government authority
or agency which govern or apply to the operation or use of
the Software. The Software shall not be exported or re-exported
in violation of any export provisions of the country of export.
Any attempt to sublicense, assign or transfer any of the rights,
duties or obligations hereunder or to exceed the scope of
the License is void.
This Agreement is expressly made subject to any laws, regulations,
orders or other restrictions on the export from the country
of export of the Software or of information about the Software
which may be imposed from time to time by the Government of
the exporting country. Notwithstanding anything contained
in this agreement to the contrary, you shall not export or
re-export, directly or indirectly any Software or bundled
products or information pertaining thereto to any country
to which such export or re-export is restricted or prohibited,
or as to which such government or any agency thereof requires
an export license or other governmental approval at the time
or export or re-export without first obtaining such license
or approval.
SEVERABILITY
If any part of this Agreement is determined to be invalid
or unenforceable pursuant to applicable law, then the invalid
or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the
Agreement shall continue in effect.
ENTIRE AGREEMENT
This agreement constitutes the entire agreement between you,
WSBC and WSBC Direct with respect to this website and Software.
In no event will WSBC and WSBC Direct be liable to you for
indirect, incidental, special, consequential or exemplary
damages arising out of or related to this agreement, including
but not limited to lost profits, business interruption or
loss of business information, even if you have been advised
of the possibility of such damages.
Please contact us if you have any questions about
this agreement at info@WSBCbank.com.
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