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Terms and conditions

These Terms and Conditions set out the general terms governing your use of Snowball Effect's website (the "Website"). By accessing this Website, you agree to be bound by these Terms and Conditions.

The Terms and Conditions may be updated from time to time without notice. If at any time you do not agree to these Terms and Conditions, please refrain from using the Website. If you continue to use the Website after any changes are made to these Terms and Conditions then you will be deemed to have agreed to those changes.

Privacy

We will comply with our Privacy Policy. By using our Website you accept this policy as the way in which we collect, hold and manage your personal information.

Investor Verification

You consent to Snowball Effect collecting, using and disclosing your personal information for the following purposes:

  • Verifying any information that you give to us (or information that we may collect from other sources) with third parties and third party databases, including Government agencies (including but not limited to NZ Transport Authority, Motor Vehicle Register, PPSR).
  • Carrying out credit checks on you with a credit reporting agency for the requirements of the Anti-Money Laundering and Countering Financing Terrorism Act 2009. This will require us to give your information to the credit reporting agency as well as the credit reporting agency providing information about you to us.
  • Verifying any information that you give to us (or information that we may collect from other sources) with third parties and third party databases for the purposes of fraud prevention or the Anti-Money Laundering and Countering Financing Terrorism Act 2009.
  • Where you have voluntarily given us your driver licence information, this information may also be disclosed to a credit reporting agency and the Ministry of Justice as part of the checks we undertake with them.

You authorise any third party to provide your personal information to us for any of these purposes.

You understand that if we disclose your personal information to a credit reporting agency, they may hold your information on their credit reporting database and use it for providing credit reporting services and for any other lawful purpose and they may disclose your information to their subscribers for the purpose of credit checking or debt collection or for any other lawful purpose.

Person and Services

The services offered by us (the "Services") are not available to minors under the age of 18 or any person who is not qualified to setup an account with us or any person who has been suspended or removed from our Website for any reason. You may not have more than one active account.

For companies looking to raise funds through Snowball Effect, you acknowledge that we are not providing any Services to you unless and until you have submitted a completed "Application" and signed a "Company Agreement" with us.

Accuracy of registration information

You agree to provide accurate, true and complete information about yourself as prompted by our membership application form. If you provide any information that is or becomes untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the Website and the Services.

Confidentiality

It is your responsibility to keep your login details and information about your account confidential. You agree to accept responsibility for all activities that occur under your account and to notify us immediately of any unauthorised use of your account or any other breach of security. We reserve the right to take any action we deem appropriate upon receiving notification from you of unauthorised use of your account or a breach of security.

Cancellation of your account

You are entitled to cancel your account with us at any time. All cancellations will result in the deactivation or deletion of your account.

Links

The Website may contain links to external websites or resources. These links are provided for your convenience and the inclusion of them on the Website does not mean that we endorse those sites or resources. We accept no responsibility or liability in relation to any content or security of any other website or resource, and you acknowledge that you access them at your own risk.

Copyright

The Website is comprised of underlying code and software and may include at any given time video clips, sound clips, text, graphics, logos, images, icons and data (together, the "Website Content"). The Website Content is the property of Snowball Effect, our affiliates or third parties with whom we do business.

You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works of, or use any of the Website Content available on or through the Website for commercial or public purposes, unless otherwise indicated on the Website or unless we have given you express written permission to do so.

Disclaimers

With the exception of the specific promises we make in separate agreements to which you are a party and in addition to disclaimers contained elsewhere in these Terms and Conditions, you understand and agree that:

  • Your use of the Website and its content is at your own risk.
  • The Website is provided "as is" and on an "as available" basis. We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure or that all information provided will be accurate.
  • We make no guarantee of any specific results from the use of the Website.
  • No part of this Website is intended to constitute advice, and the content of this Website should not be relied upon when making any decisions or taking any action of any kind.
  • While we do our best to ensure this site is secure, we provide no warranty or guarantee that the site is free of viruses, malicious computer code or other forms of interference that may damage your computer or any other device, or that access to this site will be uninterrupted, timely or secure.
  • Your use of the Website and Services may be subject to delay or interruption. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events or legal restrictions and censorship.

Limitation of liability

You agree that to the maximum extent permitted by law, Snowball Effect and its affiliates, officers, employees, agents and partners shall not in any way be liable to you for any loss or damage of any nature arising from your use of the Website or any information contained in it.

Indemnity

You agree to indemnify and hold us (and our officers, directors, agents and employees) harmless from any claim or demand, including reasonable legal fees, arising out of or related to your breach of these Terms and Conditions or any law or the rights of a third party.

Electronic Communications

You consent to receiving communication from us electronically and you agree that all agreements, notices and disclosures satisfy any legal requirement that such communication be in writing. You agree for the purposes of the Electronic Transactions Act 2002 to be bound by any agreement reached through electronic means.

Linking to our site

You may not in any way link to our Website without our prior written consent. If you wish to link to our Website or make use of its content, please send a request to [email protected]. We reserve the right to withdrawal any linking without notice.

No waiver

If we do not exercise or enforce any right available to us under these Terms and Conditions, it does not in any way constitute a waiver of those rights.

Severability

If any provision of these Terms and Conditions becomes or is held to be invalid, unenforceable or illegal for any reason, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

Governing law

These Terms and Conditions shall be governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms and Conditions.

Communication

If you have any questions or concerns relating to these Terms and Conditions, please contact us at [email protected].

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Financial Market Conduct Regulations – Warning statement about equity crowdfunding
  • Equity crowdfunding is risky.
  • Issuers (companies issuing shares) using Snowball Effect’s facility include new or rapidly growing ventures. Investment in these types of businesses is very speculative and carries high risks.
  • You may lose your entire investment, and must be in a position to bear this risk without undue hardship.
  • New Zealand law normally requires people who offer financial products to give information to investors before they invest.
  • This requires those offering financial products to have disclosed information that is important for investors to make an informed decision. The usual rules do not apply to offers by issuers using Snowball Effect to raise funds. As a result, you may not be given all the information usually required. You will also have fewer other legal protections for this investment.
  • Ask questions, read all information given carefully, and seek independent financial advice before committing yourself to any investment.
Please read on
Snowball Effect warning – Please understand the characteristics of this new marketplace

Snowball Effect is proud to provide access to early stage equity investments for everyday Kiwis. We’re passionate about improving financial literacy in New Zealand and increasing investment into wealth-creating assets.

However it’s crucial for you to understand the characteristics of this new marketplace.

Companies making offers through Snowball Effect will range from very early stage businesses with little more than an idea, to more established businesses that may already be profitable. The risk of investing in a business tends to decrease as a business develops and matures. For very early stage businesses, history suggests that perhaps only one or two out of ten will make significant returns for investors. Despite the hopes and belief of the promoters, some will putter along without much happening for a long time. In others the total investment could be lost.

Investing in early stage businesses is risky. Overall, investor returns tend to be greater than the amounts invested, but you might not be one of the winners. Some of the other key risks include:

  • Loss of capital – You could lose your entire investment.
  • Illiquidity – There is no guarantee that you will be able to sell your shares when you want to, or at all. Currently, there is no recognised secondary market for trading shares in companies funded by equity crowdfunding. Buying and selling among existing shareholders is generally lawful, but some companies may not facilitate it. We expect that open market trading facilities will eventually be authorised, but that is not certain at this time.
  • Lack of returns – Few early stage unlisted businesses pay dividends. They tend to reinvest what they earn in the growth or survival of the business.
  • Dilution – Companies may need more funding to grow or to survive. If they issue further shares, your share of the company will reduce unless you put up your proportion of the new investment. That reduction is called dilution.
  • Material events – Early stage businesses are often small and have narrowly focused offerings. This can increase the vulnerability of the business to internal and external threats, and make it harder to absorb material events such as loss of key staff and customers.
  • Lack of control – As a minority shareholder, you may have little influence on how the company develops. Companies are ruled by simple majority for most decisions. For example, you will not determine who the directors are unless the majority of shareholders who vote on an issue agree with you.

To decrease exposure to the risks, these types of investments should only be made as part of a diversified portfolio. Spread your risks. Only invest money that you can afford to lose.

Remember that you will never get enough information to know in advance how things will turn out. No one, even the directors of a company, can know in advance with 100% certainty just what will make a business fly, and what will bring it down. Even in large public offerings the information available is never enough to be sure how the future will turn out.

Please seek independent advice if you don’t fully understand the characteristics of this marketplace or the information in an offer.

Snowball Effect (FSP350046) is licensed as an equity crowdfunding platform by the New Zealand Financial Markets Authority (FMA)
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