Smart App & portal - terms and conditions
Last updated: 13 November 2026
These terms and conditions set out some specific information about the following services (collectively, the Services) provided by Smartshares Limited (Smart):
Smart Invest App (App); and
Smart Invest Portal (Portal).
By registering for a Service, and each time you use a Service, you acknowledge that you have read, understood and agree to these terms and conditions, as well as Smart’s Privacy Policy (see www.smartinvest.co.nz/privacy-policy) (collectively, the Terms of Use).
1. General
Capitalised terms used in these Terms of Use have the meaning given to them where they first appear, or in clause 22.
These Terms of Use consist of:
these specific terms for the use of the Service;
Smart’s Privacy Policy (see www.smartinvest.co.nz/privacy-policy)
any other terms and conditions, product documents, account terms, policies, notices or disclosures that apply to your account, membership, investment, product or service, including any relevant privacy policy, which apply to your use of the Services, where applicable.
any feature-specific, promotion-specific, account-specific or third-party terms that we tell you apply when you use a particular feature, product, service, offer or integration as part of a Service.
These Terms of Use should be read together with any other terms, documents, policies, notices or disclosures that apply to your account, membership, investment, product or service issued to or provided to you by Smart, including the Product Disclosure Statements (see www.smartinvest.co.nz/resources/documents). If there is any inconsistency, the more specific product, account, service, feature-specific or third-party terms prevail to the extent of the inconsistency.
The Services are an additional way for you to access information, tools or services relating to your account, membership, investment, product or service issued to or provided to you by Smart. Neither the App nor the Portal is a stand-alone product unless we expressly state otherwise. You may only use the App if you have registered for access to the App or the Portal and obtained your login details. Your login details for the App and the Portal are the same.
We are the owner and provider of the App. We are the provider of the Portal and do so through a software-as-a-service platform provided and owned by NZXWT. We may make available information, tools or services through the Services and any product or service information made available through the App should be read together with the relevant governing documents and disclosures for the particular financial product issued to you by Smart.
We may work with our related companies (including NZXWT), contractors, service providers, technology providers, payment providers, custodians, administrators, app stores and other third parties to provide, support, maintain or improve the Services. We may change those providers from time to time without notice, provided we continue to meet our obligations under applicable law.
We may change these Terms of Use from time to time. We may also add, remove, suspend or change features, eligibility criteria, transaction limits, security requirements or other parts of the Services. We will give you reasonable notice of material changes to these Terms of Use. Incidental changes to the Terms of Use (such as clarity, drafting and typographical changes) are made immediately. In each case, we will also make the amended Terms of Use available on our website and your continued use of a Service means you accept the updated Terms of Use.
2. General information only
Information and tools in the Services are of a general nature only and do not take into account your personal circumstances, objectives or needs. Unless we expressly state otherwise, information and tools in the Services do not constitute financial advice, legal advice, tax advice, or a recommendation that any product, service or option is suitable for you. Any estimate, projection, calculator or similar feature is indicative only, is not guaranteed, and may be based on assumptions that change over time. You should obtain independent legal, financial, taxation or other professional advice and read the relevant product documents before making a decision about whether or not to acquire or dispose of a financial product issued by Smart.
Where the Services provide educational information, tools, prompts, estimates, comparisons or other content designed to help you better understand Smart’s products or services, that content is provided for general information only. You remain responsible for deciding whether any action is appropriate for you.
3. Fees and charges
Smart does not charge any additional fee for accessing and using the Services. However, your usual data, network and service-provider charges will still apply (including any roaming charges if you use the Services overseas), and those charges are your responsibility.
Any fees, charges or costs that apply to your account, membership, investment, product or service provided by Smart continue to apply to any transaction or activity made through the Services and are as disclosed in the relevant product documents.
4. Intellectual property and licence
All copyright and other intellectual property rights in the Services are owned by us and/or our licensors.
We grant you a revocable, non-transferable, non-exclusive licence to download, install and use the Services for your own personal use, subject to any restrictions in the relevant app-store terms from which you downloaded the App. You must not, and you must not attempt to:
copy, distribute, modify, translate, disassemble, decompile or reverse engineer the Services, or derive its source code;
sell, rent, lease, sub-licence, assign or transfer the Services or your rights under these terms;
create derivative works from the Services;
use the App in a way that breaches the relevant app-store terms; or
permit or assist any other person to do any of the above.
5. Use of the Services
You must provide your own internet access and/or device, and are responsible for its operation, maintenance and security. Access to the Services requires Security Details we specify.
We may require two-step (multi-factor) verification when you first log in, reset your Security Details or undertake certain other activities, and will require it when you log in again following an automatic logout. For example, a one-time code sent to your registered mobile number or email as an additional security check. Where this verification is required, you will not be able to access a Service or any of its features until it is completed.
You must keep your Security Details confidential and must not disclose them to, or allow the Services to be used by, any other person. If you breach this and another person uses the Services or your Security Details, you agree that we can rely on instructions provided through the Portal and the App and that you are responsible and liable for that other person’s use as if it were your own.
You must keep your device safe. You must not leave it unattended while logged in and you must lock your device and take reasonable steps to prevent unauthorised use. If you do not observe these security requirements, you agree that we can rely on instructions provided through the Portal and the App and that you may incur liability for unauthorised use.
For your security, the Services may lock you out if you repeatedly enter an incorrect Security Details or fail biometric authentication. You may need to contact our customer experience team to regain access. The Services may also automatically log you out if it is left inactive for a period, in which case you will need to complete the verification described in clause above to regain access.
You can manage the devices registered to your account by contacting us, and you should remove any device you no longer use or control.
You must grant the Services the device permissions they need to function; if you do not, some or all features may be unavailable. You must only install approved applications on your device and must not enable or allow "jailbreaking" (for iPhone) or "rooting" (for Android) on your device.
The Services use the internet, and you accept the associated risks, including exposure to viruses or harmful code. We do not warrant that the Services are secure, and you are responsible for keeping appropriate, up-to-date security software on your device.
You must use the most up-to-date version of the App available to you and a compatible device that meets the Service’s minimum technical and security requirements specified in the relevant app store from time to time. You must keep your device’s operating system and security updates up to date, including following the device manufacturer’s security recommendations. You must ensure that you have manufacturer recommended firewalls, anti-virus and anti-spyware software installed on the device that you use to access the Services and that these are kept up to date. We may restrict your access to the Services if your device or operating system, or the App version no longer meets those requirements.
6. Eligibility and account access
You may only use the Services if you meet any eligibility criteria we set for the relevant account, product, service, or feature provided to you by Smart. We may require information from you to verify your identity, authority, eligibility, residency, tax status or other matters before allowing access to the Services or particular features.
If you use the Services on behalf of another person, entity, trust, company or organisation, you confirm that you are authorised to do so and that your use of the Services binds that person or entity to these Terms of Use.
The Services are intended for use by and are directed at New Zealand residents over the age of 18 years of age. No information provided or service we offer, whether under the Services or otherwise, should be taken as an offer or solicitation for any regulated services in any jurisdiction other than New Zealand.
7. Biometric access
If your device supports fingerprint, face or other biometric authentication, you can turn on biometric access to log in to the Services instead of your Security Details. If you enable it, you must ensure that only your own biometrics are stored on the device.
If you allow anyone else's biometrics to be stored on your device, they will be able to access the Services and your account. You must not enable biometric access on your device if someone else’s biometrics are stored on your device. You will be responsible for all access to and actions on your accounts with us following successful biometric identification logon to the Services, including any transactions.
8. Fraud monitoring and security
To help keep your account safe, when you are logged in to the Services, we may collect information about your device and about how you interact with the Service (for example, patterns in how you type, swipe and navigate). We use this information for the purposes set out in our Privacy Policy, including to help detect and prevent fraud, scams and unauthorised access to your account and the Services.
9. Electronic communications
Where we are required or permitted to give you information, you agree that we may provide it to you electronically — including by making it available through the Services on a substantially continuous basis, by email, by push notification, or by SMS to your nominated number or email address - and that this satisfies any legal requirement to provide the information in writing.
You are responsible for providing us with the correct contact details at all times, including your email address. Provided that we send you communications to the contact details you have provided, we will not be deemed to have failed in any duty of privacy, nor be liable for any losses, costs or expenses which may arise from a third party intercepting the communications.
10. Reporting unauthorised use
You must immediately tell us if you suspect that your Security Details are known to someone else, that there has been any unauthorised use of your account or access to the Services, or that your device has been lost or stolen. You must provide us with all information we ask for during this process. If you do not immediately notify us, then you may be liable for any loss resulting from the unauthorised use or access.
11. Transactions through the Services
Some features, transactions, requests or services may be subject to minimum or maximum amounts, cut-off times, availability windows, market hours, cooling-off periods, third-party processing requirements, additional confirmations or other conditions. These conditions will be as set out in the relevant product documents and, subject to compliance with applicable law, we may set, change or remove these conditions from time to time.
The Services may let you make certain transactions, requests or changes, such as updating your details, making payments, submitting instructions, changing preferences, or using other available features. Any transaction, request or change is subject to these terms, the applicable product, account, membership, investment or service terms, and our normal processing, verification, security and compliance requirements. We may decline, delay, suspend or reverse a transaction, request or change where we are entitled or required to do so.
Most transactions, requests, changes and account updates will be reflected in the Services promptly after processing, but this may not always occur immediately. Processing may be subject to cut-off times, verification requirements, system availability and the time taken by third parties.
12. Performance and availability
We will use reasonable endeavours to make the Services available. We do not warrant that the Services will be available at all times or at any particular time, or that their use will be continuous, uninterrupted, secure or error-free. You may be disconnected at any time — for example, due to network issues, maintenance, your breach of these Terms of Use, or where we terminate your access to the Services for reasonable cause.
Information in the Services is sourced from information believed to be accurate at the time. Subject to your rights under applicable consumer protection laws, we do not guarantee the accuracy, completeness or currency of information in the Services, and our official records prevail over anything displayed in the Services. We will endeavour to correct material inaccuracies as soon as practicable.
13. Third-party links and services
The Services may contain links or references to third-party websites, apps, platforms, payment providers, identity verification services, app stores, or other services. These are provided for convenience only and do not represent our endorsement of them.
We are not responsible for the content, availability, or terms of any third-party website, app or service, and your use of them is at your own risk and subject to their terms.
14. Feature-specific and third-party terms
If you use a feature, product, service, promotion, integration or third-party offering made available through or in connection with the Services, additional terms may apply. We will tell you about those terms where they are relevant. You must comply with those additional terms, as well as any rules or requirements imposed by third parties that support or provide that feature, product, service or integration.
We are not responsible for third-party products or services unless required by law or expressly stated in the terms that apply to that product or service.
15. Suspension or termination
We may suspend, block, restrict or terminate your access to the Services or any feature at any time where we have security concerns, reasonably suspect unauthorised use, fraud, misuse, a breach of these Terms of Use, a breach of any other applicable terms, or where your use may be unlawful, harmful or inconsistent with our obligations. Where possible and appropriate, we will give you reasonable notice and reasons.
If we ask, you must immediately cease using a Service and, in the case of the App, remove it, and any associated data, from your device. Ending your access to the Services does not affect any separate account, membership, investment, product or service you may hold with us.
16. Your obligations
You must not use (or attempt to use) the Services:
for any unlawful or dishonest activity;
to transmit or publish material that is defamatory, offensive, indecent, unlawful, or contains harmful code;
to gain unauthorised access to, or disrupt, any system, network or service;
to send bulk or unsolicited messages; or
in any way that could bring harm or liability to us, our suppliers or other users.
You must ensure that all information you provide through the Services is complete, accurate and up to date, and you must promptly update it if it changes. We may rely on information you provide unless we know, or reasonably suspect, that it is incorrect.
You must not use the Services in a way that may interfere with market integrity, fair dealing, anti-money laundering, sanctions, tax, privacy, cyber security, consumer protection or other legal or regulatory obligations that apply to us, you or any third party.
17. Liability
If you are a ‘consumer’, nothing in these terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Subject to that, and to the maximum extent permitted by law:
we are not liable for any loss arising from your use of (or inability to use) the Services, including loss of profits, revenue, data, or business opportunity, or any indirect or consequential loss; and
our liability is limited to re-supplying the Services (or the relevant services) or paying the cost of doing so.
18. Privacy
We collect, use, store, share and disclose your personal information in accordance with the Privacy Act 2020 and our Privacy Policy. You have rights of access to, and correction of, your personal information. It is important that you read our Privacy Policy, which is available here: www.smartinvest.co.nz/privacy-policy
19. Miscellaneous
A failure or delay by us in exercising a right does not waive it.
If any provision of these Terms of Use is void or unenforceable, it is severed and the remainder continues in full force.
These Terms of Use do not give rights to any person who is not a party to them.
20. Governing law
These Terms of Use are governed by New Zealand law and you submit to the exclusive jurisdiction of the New Zealand courts.
21. Complaints
If you have a complaint about the Services, you may contact us at:
Complaints, Smartshares Limited, PO Box 105262, Auckland 1143;
0800 808 780; or
If you make a complaint to us and the complaint cannot be resolved, you may refer it, free of charge, to Financial Services Complaints Limited (FSCL) – A Financial Ombudsman Service, our independent external ombudsman and dispute resolution service, at:
PO Box 5967, Wellington 6140;
0800 347 257; or
22. Definitions
In these terms:
App means the Smart Invest mobile application or digital application made available by us to provide the Services, including any updates.
Device means a compatible internet-enabled device that meets the Service’s minimum operating-system requirements specified in the relevant app store from time to time.
NZXWT means NZX Wealth Technologies Limited
Portal means the online member portal provided by Smart and any other software or web application operated and maintained by us to provide the Services.
Security Details means the details required to pass the procedures that we put in place (as amended from time to time), and which you must follow, to confirm your identity and to access the Services, including the personal identification number and log-in credentials you use to access the Services.
we / us / our / Smart means Smartshares Limited
a reference to a statute includes regulations and amendments to it.