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1.1. By requesting the services of Echo Financial Advisors Ltd and signing this Client Agreement, you agree to be bound by these Terms and Conditions.
1.2. If you do not agree with these Terms and Conditions, please do not proceed with opening an account with Echo Financial Advisors Ltd.
1.3. Echo Financial Advisors Ltd may amend these Terms and Conditionsfrom time to time. The amended Terms and Conditions will be available on the Echo Financial Advisors Ltd website, and by continuing to use the services of Echo Financial Advisors Ltd, you agree to be bound by the amended Terms and Conditions.
2.1. By signing this Client Agreement, you acknowledge and agree that:
2.1.1. You have received and read the Echo Financial Advisors Ltd Disclosure Statements for your Echo Financial Advisors Ltd adviser(s);
2.1.2. You have received a copy of the Echo Financial Advisors Ltd Terms and Conditions;
2.1.3. You agree to be bound by the Terms and Conditions;
2.1.4. You have read and understood the risk warnings set out in Clause 8 of the Terms and Conditions;
2.1.5. You will be treated as a "Retail Investor" (as that term is defined in the Financial Markets Conduct Act 2013) unless you certify yourself to be a "Wholesale Investor" for the purposes of theFinancial Markets Conduct Act 2013;
2.1.6. If you instruct Echo Financial Advisors Ltd and/or its investment advisers to take into account your financial situation, needs, goals or risk tolerance when providing advice, it is your responsibility to provide Echo Financial Advisors Ltd with full and accurate details of your financial information ("the Financial Information") and to provide Echo Financial Advisors Ltd with ongoing updates of any material changes to the Financial Information;
2.1.7. The Financial Information is required by Echo Financial Advisors Ltd to enable its investment advisers to determine the suitability of the advice being provided;
2.1.8. If you decline to provide some or all Financial Information required by Echo Financial Advisors Ltd, Echo Financial Advisors Ltd may not beable to provide you with advice that takes into account your financial situation, needs, goals or risk tolerance, or it may be limited in the extent that it can do so;
2.1.9. If you do not instruct Echo Financial Advisors Ltd and/or itsinvestment advisers to take into account your financial situation, needs, goals or risk tolerance when providing advice, the advice will not do so, and you are aware of the limitations of this type of advice;
2.1.10. Where you have provided information about any other individual, you will make that individual aware of the Use and Disclosure of Information of the Terms and Conditions;
2.1.11. Communications that Echo Financial Advisors Ltd sends to you by way of email or other electronic means will not be encrypted;
2.1.12. The information supplied by you is covered by the Terms and Conditions governing your relationship with Echo Financial Advisors Ltd setting out how Echo Financial Advisors Ltd may use and share the information supplied by you;
2.1.13. Without limiting the Terms and Conditions, the information contained in this Client Agreement and in relation to any Reportable Account(s) may be provided to the Inland Revenue Department;
2.1.14. You undertake to advise Echo Financial Advisors Ltd within 30 days of any change in circumstances which: (a) affects the tax residency status of any person associated with this account; or (b) causes the information contained herein to become incorrect or incomplete; and, if so, to provide Echo Financial Advisors Ltd with a suitably updated self-certification and declaration within 60 days of such change of circumstance.
3.1. Echo Financial Advisors Ltd will charge fees for the services it provides to you. The fees and charges will be set out in the Echo Financial Advisors Ltd Disclosure Statements and will be agreed with you before any services are provided.
3.2. Echo Financial Advisors Ltd may change its fees and charges at anytime by giving you written notice.
3.3. In addition to the fees and charges payable to Echo Financial Advisors Ltd, you will be responsible for any transaction fees or taxes that may apply to your account.
4.1. Echo Financial Advisors Ltd will act on your instructions given in writing or orally (subject to confirmation in writing).
4.2. You will be responsible for ensuring the accuracy and completeness of any instructions given to Echo Financial Advisors Ltd.
4.3. Echo Financial Advisors Ltd will not be liable for any loss that you may suffer as a result of any delay or failure to act on your instructions, or as a result of any action taken by Echo Financial Advisors Ltd in good faith and in accordance with your instructions.
4.4. Echo Financial Advisors Ltd may, at its sole discretion, refuse to act on any instructions that it reasonably believes may be fraudulent, illegal or in breach of these Terms and Conditions.
4.5. Echo Financial Advisors Ltd may also refuse to act on any instructions that it reasonably believes may expose it to legal or regulatory liability.
5.1. Echo Financial Advisors Ltd may provide you with investment advice.
5.2. Echo Financial Advisors Ltd will provide investment advice that is suitable for you, based on the information provided by you.
5.3. You acknowledge that investment advice is subject to market risk, and that Echo Financial Advisors Ltd does not guarantee any investment outcomes.
5.4. Echo Financial Advisors Ltd will consider your investment objectives, risk tolerance, financial situation, and any other relevant information you provide when providing investment advice.
5.5. You understand that investment advice provided by Echo Financial Advisors Ltd is based on the information available at the time of the advice and may not take into account any changes in your circumstances that occur after the advice is given.
5.6. Echo Financial Advisors Ltd may provide investment advice on a one-off basis or as part of an ongoing advisory service, depending on the agreement between you and Echo Financial Advisors Ltd.
5.7. You acknowledge that any investment decisions made based on investment advice provided by Echo Financial Advisors Ltd are your responsibility, and you should seek independent advice before making any investment decisions.
6.1. Echo Financial Advisors Ltd will execute instructions on your behalf in accordance with the instructions received from you.
6.2. Echo Financial Advisors Ltd may use third-party brokers, dealers, banks, or other intermediaries to execute transactions on your behalf.
6.3. Echo Financial Advisors Ltd will take reasonable steps to ensure that the third-party intermediaries used to execute transactions on your behalf are reputable and competent.
6.4. Echo Financial Advisors Ltd will not be liable for any loss that you may suffer as a result of any delay or failure to execute instructions, or as a result of any action taken by the third-party intermediaries in good faith and in accordance with your instructions.
6.5. Echo Financial Advisors Ltd may refuse to execute any instruction that it reasonably believes may be fraudulent, illegal or in breach of these Terms and Conditions.
6.6. Echo Financial Advisors Ltd may also refuse to execute any instruction that it reasonably believes may expose it to legal or regulatory liability.
7.1. Echo Financial Advisors Ltd will provide you with regular reports on the performance of your account(s).
7.2. The format and frequency of the reports will be set out in the Echo Financial Advisors Ltd Client Agreement.
7.3. Echo Financial Advisors Ltd will take reasonable steps to ensure the accuracy of the reports it provides to you but will not be liable for any loss that you may suffer as a result of any errors or omissions in the reports.
8.1. You acknowledge that investment involves risk and that the value of investments can go up or down. The value of investments may be affected by changes in the rate of exchange between currencies.
8.2. Past performance is not necessarily indicative of future results.
8.3. The income derived from investments may go down as well as up.
8.4. You should carefully consider the investment objectives, risks, charges, and expenses of any investment product before investing.
8.5. You should be aware that the investment products and services offered by Echo Financial Advisors Ltd may not be suitable for all investors.
8.6. You should seek professional advice before making any investment decisions.
9.1. Echo Financial Advisors Ltd will maintain the confidentiality of your personal and financial information.
9.2. Echo Financial Advisors Ltd will not disclose your personal or financial information to any third party except as required by law or with your consent.
9.3. Echo Financial Advisors Ltd may disclose your personal or financial information to its employees, advisers or contractors who need to know the information in order to provide services to you.
9.4. Echo Financial Advisors Ltd may use your personal or financial information for the purpose of marketing its products and services to you unless you have advised Echo Financial Advisors Ltd that you do not wish to receive marketing material.
9.5. Echo Financial Advisors Ltd may use third-party service providers to process your personal or financial information on its behalf. In such cases, Echo Financial Advisors Ltd will ensure that the third-party service providers are bound by confidentiality obligations similar to those set out in these Terms and Conditions.
10.1. Either party may terminate this Client Agreement at any time by giving written notice to the other party.
10.2. Upon termination of this Client Agreement, Echo Financial Advisors Ltd will promptly return any funds, securities or other assets held on your behalf to you, subject to any outstanding fees or charges owed to Echo Financial Advisors Ltd.
10.3. Termination of this Client Agreement will not affect any rights or obligations that have accrued prior to termination.
10.4. Echo Financial Advisors Ltd may terminate this Client Agreement and/or any of the services it provides to you at any time by giving you written notice. Upon termination, you will be responsible for paying any fees orcharges that are outstanding at the date of termination.
10.5. You may terminate this Client Agreement and/or any of the services provided by Echo Financial Advisors Ltd by giving Echo Financial Advisors Ltd written notice. If you terminate this Client Agreement and/or any of the services provided by Echo Financial Advisors Ltd, you will be responsible for any fees or charges that are outstanding at the date of termination.
10.6. If this Client Agreement and/or any of the services provided by Echo Financial Advisors Ltd are terminated, any outstanding obligations or rights of the parties will continue in full force and effect.
10.7. Termination of this Client Agreement will not affect any of Echo Financial Advisors Ltd.’s rights, remedies, or obligations under this Client Agreement or at law, which may have accrued before or after termination.
11.1. This Client Agreement contains the entire agreement between you and Echo Financial Advisors Ltd in relation to the services to be provided by Echo Financial Advisors Ltd.
11.2. This Client Agreement supersedes all previous agreements, understandings, and representations, whether oral or written, relating to the services to be provided by Echo Financial Advisors Ltd.
11.3. Any amendment or variation to this Client Agreement must be in writing and signed by both parties.
11.4. If any provision of this Client Agreement is held to be invalid, illegal, or unenforceable for any reason by any court or other competent authority, the remainder of the provision in question shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
11.5. This Client Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where Echo Financial Advisors Ltd is located.
11.6. Any dispute arising out of or in connection with this Client Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the arbitration association of the jurisdiction where Echo Financial Advisors Ltd is located.
11.7. The parties irrevocably agree that the courts of the jurisdiction where Echo Financial Advisors Ltd is located shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Client Agreement.
11.8. Echo Financial Advisors Ltd may assign, transfer, or subcontract its rights and obligations under this Client Agreement without your prior written consent.
11.9. You may not assign, transfer, or subcontract your rights and obligations under this Client Agreement without the prior written consent of Echo Financial Advisors Ltd.
11.10. Nothing in this Client Agreement shall create or be deemed to create a partnership, joint venture, agency, or employment relationship between the parties.
11.11. Failure or delay by Echo Financial Advisors Ltd in enforcing or partially enforcing any provision of this Client Agreement shall not be construed as a waiver of any of its rights under this Client Agreement.
11.12. Any notice or communication required or permitted under this Client Agreement shall be in writing and shall be deemed to have been duly given and received if delivered personally or sent by registered post or electronic mail to the addresses provided by the parties.
11.13. The headings in this Client Agreement are for convenience only and shall not affect its interpretation.
11.14. This Client Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
12.1. This Client Agreement is governed by and construed in accordance with the laws of New Zealand.
12.2. Any dispute arising out of or in connection with this Client Agreement will be subject to the exclusive jurisdiction of the courts of New Zealand.
13.1. If any provision of this Client Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
13.2. The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves, to the extent possible, the same economic, legal, and commercial result as the invalid or unenforceable provision.
14.1. This Client Agreement, together with any other agreements or documents referred to in it, constitutes the entire agreement between you and Echo Financial Advisors Ltd.
14.2. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of Echo Financial Advisors Ltd which is not set out in this Client Agreement or in any other agreement or document referred to in it.
14.3. You agree that you will have no claim for innocent or negligent misrepresentation or negligent misstatement against Echo Financial Advisors Ltd based on any statement or representation made or given by or on behalf of Echo Financial Advisors Ltd, which is not set out in this Client Agreement or in anyother agreement or document referred to in it.
14.4. This clause does not limit or exclude any liability for fraud or fraudulent misrepresentation.