Terms of Service
Last Updated: March 1, 2025
1. Introduction
Welcome to Trochem. These Terms of Service ("Terms") govern your use of the Trochem website (the "Site"), services, and any applications provided by Trochem (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
Trochem provides financial advisory services and investment facilitation for technology and digital businesses in New Zealand. These Terms constitute a legally binding agreement between you and Trochem regarding your use of the Services.
2. Using Our Services
2.1 Eligibility
To use our Services, you must be at least 18 years old and capable of forming a binding contract. If you are accessing our Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
2.2 Account Creation
Some aspects of our Services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information when creating an account and to update this information as necessary.
2.3 Prohibited Activities
When using our Services, you agree not to:
- Violate any applicable laws or regulations
- Infringe upon the intellectual property rights of others
- Submit false or misleading information
- Interfere with or disrupt the Services or servers
- Attempt to gain unauthorized access to any part of the Services
- Use the Services for any illegal or unauthorized purpose
- Harass, abuse, or harm another person
- Distribute malware or other malicious code
3. Content and Intellectual Property
3.1 Our Content
All content included on the Site, such as text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Trochem or its content suppliers and is protected by international copyright laws. All rights reserved.
3.2 Your Content
By submitting information, data, or other content to Trochem, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with providing the Services.
3.3 Feedback
If you provide us with any feedback or suggestions regarding the Services, you hereby assign to us all rights in such feedback and agree that we shall have the right to use such feedback in any manner we deem appropriate without any obligation to you.
4. Financial Advisory Services
4.1 Not Financial Advice
The information provided through our website is for general informational purposes only and should not be construed as financial, investment, or legal advice. Before making any financial decisions, you should consult with qualified professionals who can provide advice tailored to your specific circumstances.
4.2 Client Services
Any financial advisory services or investment facilitation provided by Trochem to clients are subject to separate engagement agreements. These Terms do not create a financial advisory relationship between you and Trochem unless a separate engagement agreement has been executed.
5. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TROCHEM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TROCHEM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
- ANY CONTENT OBTAINED FROM THE SERVICES
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
IN NO EVENT SHALL TROCHEM'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO TROCHEM, IF ANY, FOR ACCESSING THE SERVICES DURING THE 12 MONTHS PRIOR TO THE CLAIM.
7. Indemnification
You agree to defend, indemnify, and hold harmless Trochem, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of a third party.
8. Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Auckland, New Zealand.
10. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.
11. Contact Us
If you have any questions about these Terms, please contact us at:
Trochem Financial Services Ltd.
Level 15, 120 Albert St
Auckland 1010, New Zealand
Email: [email protected]
Phone: +64 9 123 4567