1. Introduction
These Terms and Conditions (“Terms”) govern the use of the website operated by Home Foundation General Partner Limited (“Home Capital Partners”, “we”, “us”, or “our”), a company registered in New Zealand with its registered office at 1 Kairua Road, Hornby, Christchurch, New Zealand. By accessing or using our website, you agree to be bound by these Terms. If you do not agree, you must not use this website.
2. Use of the Website
The website is intended to provide informative and marketing material, including details about our investment funds and related activities. You must not misuse the website, including but not limited to attempting unauthorized access, introducing viruses, data scraping, or disrupting website functionality. The website is not intended for persons under the age of 18.
3. Wholesale Investor Limitation
This website and the information contained within it are directed exclusively to “wholesale investors” as defined under Schedule 1 of the New Zealand Financial Markets Conduct Act 2013 (the “Act”) or to those otherwise legally entitled to receive offers of financial products without first receiving a product disclosure statement. If you are not familiar with the provisions of the Act, you should seek advice from a professional adviser. Nothing on this website constitutes an offer or solicitation in any jurisdiction where such an offer or solicitation would be unauthorized or unlawful.
4. Intellectual Property
All content on this website, including but not limited to text, images, graphics, branding, and logos, is the property of Home Foundation General Partner Limited. You may not reproduce, distribute, or otherwise use any content without our prior written consent.
5. Disclaimer of Liability
The content on this website is provided for informational purposes only and does not constitute financial advice. Investment risks are set out in the Investment Memorandum for each active or future fund. You should carefully review these documents before making any investment decision. Nothing in these Terms limits liability where such limitation is prohibited by law, including under the Fair Trading Act 1986.”
All investment opportunities described on this website are subject exclusively to the terms set out in the relevant Investment Memorandum. Nothing on this website should be treated as financial advice or a substitute for independent professional advice.
6. Privacy and Data
We collect personal data (such as names, email addresses, and investor details) through forms and contact submissions. We use cookies and analytics tools (including Google Analytics) to monitor and improve website performance. We use Mailchimp to manage email subscriptions; by submitting your details, you acknowledge that your data will be processed and stored by Mailchimp. By submitting your information, you acknowledge that it may be transferred to and processed in countries outside New Zealand. For further details, please see our Privacy Policy, which is incorporated by reference into these Terms.
7. External Links
This website may contain links to third-party websites. We do not control and are not responsible for the content, accuracy, or practices of any linked sites. Accessing third-party links is at your own risk.
8. Amendments to These Terms
We may update these Terms from time to time. Changes will be notified via a notice on the website and, where appropriate, by email. The revised Terms will take effect from the date of publication.
9. Governing Law and Dispute Resolution
9.1 Good Faith Negotiation
In the event of any dispute, controversy, or claim arising out of or in connection with these Terms or the use of this website, the parties must first use their best efforts to resolve the matter through good faith negotiations.
9.2 Mediation
If the dispute is not resolved within 20 business days of written notice of the dispute, the parties agree to refer the matter to mediation in New Zealand, administered by an independent mediator agreed by the parties (or, failing agreement, appointed by the Resolution Institute of New Zealand).
9.3 Arbitration
If the dispute is not settled by mediation within a further 20 business days, the dispute shall be finally resolved by arbitration in New Zealand in accordance with the Arbitration Act 1996. The arbitration shall be conducted by a single arbitrator appointed by agreement of the parties, or failing agreement, by the President of the New Zealand Law Society. The language of the arbitration shall be English.
9.4 Confidentiality
All negotiations, mediations, and arbitrations under this clause are to be conducted on a confidential basis, and the outcome shall be binding on the parties.
9.5 Governing Law
These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of New Zealand.
10. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
11. Contact Us
For any questions or concerns regarding these Terms, please contact us at: Home Foundation General Partner Limited 1 Kairua Road, Hornby Christchurch, New Zealand Email: info@homecapital.co.nz