Treasury Intelligence (the “Dashboard”)

By accessing the Dashboard, you agree to be bound by these Terms of Use. These Terms of Use may change over time to reflect changes to the Dashboard and such updates will be effective once posted, unless otherwise indicated.

The Dashboard and reporting outputs are provided for the purpose of monitoring and visualising treasury-related risks and unrealised derivative valuations (“Purpose”).

The restricted use of the Dashboard falls under the agreed terms and conditions of our signed Letter of Engagement with our client for treasury services who you represent and does not replace the terms and conditions of our engagement.

You are authorised under these Terms of Use to use the Dashboard for the Purpose. Use of the Dashboard for any other purpose is prohibited. Your right to use the Dashboard can be discontinued at any time, without notice and with or without cause. As long as you comply with these Terms of Use, PwC grants you a personal, non-exclusive, non-transferable, limited right to enter and use the Dashboard subject to these Terms of Use.

Your Conduct

You may not share your access, or otherwise compromise the security of the Dashboard. You must not use the Dashboard for any fraudulent or unlawful purpose. When using the Dashboard, you must comply with all applicable laws and regulations, and you must not:

• impersonate another person or otherwise misrepresent your identity or other information about you;
• infringe our intellectual property rights
• except to the extent permitted by law, copy, modify, work around, by-pass, reverse engineer or otherwise change the Dashboard or its underlying data, systems or software, or attempt to do so;
• remove or alter any product identification, proprietary, copyright or other notices on the Dashboard or its contents.

If your access to the Dashboard includes the ability to upload data, do not upload anything that is:

• ­illegal or infringes anyone else's intellectual property, confidentiality or other rights
• defamatory, libellous, threatening, abusive, offensive, misleading or otherwise inappropriate, or
• harmful, including any virus or other computer code designed or likely to harm the Dashboard or any underlying software.

Security

You have been given access to the Dashboard and may only use the Dashboard on behalf of, and as authorised by, the client you represent in connection with services provided by PwC. You must:

• only access the Dashboard utilising your email address of the client you represent
• keep your log on credentials complete, accurate and up-to-date at all times
• keep login details secure and not disclose it to anyone else or allow anyone else to use it
• Contact PwC immediately if you lose your password or know or suspect someone else may know or have access to it or you become aware of any unauthorised use or infringement of the Dashboard and cooperate fully with PwC in any investigation of unauthorised use or infringement
• not bypass or attempt to bypass any of the access or security controls or otherwise weaken or threaten the security of the Dashboard.

No representations, warranties or liability to you

In generating the Dashboard, we have only used the information and inputs (including policy maximums and minimums and instrument specific data) provided by you and, except as otherwise specified by us, the Dashboard and the content available within it are for information purposes only. We have not carried out anything in the nature of an audit, a review, or any other type of assurance engagement and therefore do not express any opinion or conclusion on any of the information presented herein. For the avoidance of doubt, we have not considered the reasonableness of the information and assumptions supplied to us in any way. As set out in our Letter of Engagement, you are responsible for the reliability, accuracy and completeness of the information provided to us or uploaded into the Dashboard.

We make no representations or provide any warranties to you about the availability or the functionality of the Dashboard or anything on it. The Dashboard is provided 'as is' and its use is at your own risk. We have tested the Dashboard for logic and consistency, but have not completed a full internal review of the Dashboard. In any event, it is not possible to ensure that any Dashboard is 100% free of errors and will perform correctly under all possible scenarios, and accordingly we give no such guarantee. You are responsible for reviewing the Dashboard to ensure that the visualisations agree with the inputs you provided and accurately reflect those inputs. We assume no responsibility in this regard.

The unrealised derivative valuations contained in the Dashboard are based on data obtained from external data providers (under agreed terms) in good faith and in the belief that such data are not false or misleading. In preparing the valuations, we have relied upon information which we believe to be reliable and accurate. The methodologies adopted are deemed to be fair and reasonable at the time of publishing and we make no representations or provide any warranties to you in the event that these methodologies change.

Data for derivative valuations are measured at 5pm New Zealand time, however we reserve the right to adjust this as needed to comply with our external data requirements. We also note that some variances in valuations should be expected relative to other providers, or between different currency pairs due to minor differences in underlying data, market convention / measurement or the applied methodology.

The information may not be relied upon by any person or entity other than PwC’s client. PwC makes no representations or warranties regarding the information and expressly disclaims any contractual or other duty, responsibility or liability to any person or entity other than its client.

In no event will PwC, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information accessible through the Dashboard or for any consequential, special or similar damages, even if advised of the possibility of such damages. Your sole and exclusive remedy for dissatisfaction with the Dashboard is to stop using the Dashboard.

User Contribution

You represent and warrant that: (i) you have the necessary permissions to upload any content; (ii) the posting and use of any data or other material on or through the Dashboard does not violate the privacy rights, publicity rights, contract rights, intellectual property rights, or any other rights of any person or entity; and (iii) the posting of data or other material on the Dashboard does not result in a breach of contract between you and a third party or between the PwC client or any organisation you represent and a third party.

If you visit the Dashboard under a demo / test profile, we grant you a limited, non-exclusive, non-transferable right to view and interact with the Platform via the allotted user profile and permissions.

Confidentiality

This information and any services provided by PwC to its client (collectively, “Information”) are confidential and access, use and distribution are restricted. If you are not PwC’s client or otherwise authorised by PwC and its client, you may not access or use the Information. PwC performed and prepared the Information at our client’s direction and exclusively for client’s sole benefit and use pursuant to its client agreement.

Should the Dashboard, including any screenshots or data downloads, be provided to any other party outside of the entity with which we are engaged, we accept no liability of any kind to any third party and disclaim all responsibility for consequences of any third party acting or refraining to act in reliance on the Dashboards.

Privacy

We will collect, process and use your personal information in accordance with the New Zealand Privacy Act 2020 and in accordance with our privacy policy which is available here www.pwc.co.nz/privacy.

PwC uses affiliates, contractors or suppliers located in New Zealand and overseas to provide the Dashboard and other services to support the Purpose. You consent to information provided by you (including personal information being transferred to those affiliates, contractors and suppliers and to other PwC Member Firms and our subcontractors), so long as they are bound by reasonable confidentiality obligations.

Data Hosting

We may use third party providers of cloud-based data hosting to host the software used to provide the Dashboard. You acknowledge that User Contributions and other data (including any personal information) will therefore be transferred to the hosting provider (who may in turn provide the information to their subcontractors) who may be located outside of New Zealand.