Hatch – the rules of engagement
Last updated: 26 September 2018
Thanks for choosing to invest on your terms (and ours).
The terms below apply to you when you use the Hatch website or open a Hatch account, so it’s important you read and understand them and agree to follow them throughout your Hatch journey.
We can change these terms at any time, so keep checking in. We’ll email you three weeks in advance of changes to the meaning or effect of these terms, but we won’t bother you if we’re just fixing typos or the changes are inconsequential. If you don’t like the changes, you can cancel your Hatch account before the new terms take effect. If you keep using Hatch after we’ve changed the terms, we’ll consider you to have accepted the new terms.
As well as our terms, there are specific terms which apply to each product on Hatch. You’ll need to accept those specific terms to use those products.
All about Hatch
Hatch is available to New Zealand residents (both physical and tax), aged 18 years and over. If that’s not you, close your browser now. If your tax residency changes after you’ve joined, you need to tell us as soon as possible.
Hatch gives you access to awesome products, by partnering with global companies who provide those products. We don’t provide those products ourselves, so we take no responsibility for those products. You’ll need to carefully read the terms for each product to see if it’s right for you and what the risks are before you choose to add that product.
We’re in the business of bringing you investment opportunities to choose from, not telling you what to do, so we won’t be giving you any investment, financial, tax or other advice about these products. You’re responsible for your own decisions in choosing and using the products on Hatch. You’ll be investing real money, in real investments. There’s a real risk you could lose some or all of the money you invest. You’re responsible for your own investment decisions, and any losses you suffer as a result of those decisions, not us, or any of our partners.
Hatch is powered by Kiwi Wealth Investments Limited Partnership (Kiwi Wealth, we, us, our), a 100% New Zealand owned and operated financial services business, helping hundreds of thousands of Kiwis plan and invest for their futures through its KiwiSaver scheme, Superannuation scheme and Private Portfolio Service.
It’s all digital (online etc)
When we talk about a beautifully designed digital experience, we mean from start to finish.
You must sign up online and make sure that all the information you provide is complete and accurate. We’ll ask you to upload information to verify your identity (to comply with our legal obligations) and we use an electronic identity verification service to confirm your identity. By applying for Hatch, you consent to us verifying your identity using this electronic service.
If you don’t upload all the information we need to verify your identity and that we and our partners need to comply with our legal obligations, we won’t be able to open an account for you on Hatch.
You agree that we can communicate with you about your account and products electronically.
We and our partners will only act accept orders sent through your Hatch account. If for any reason Hatch isn’t working, we may accept orders over phone (but not by email). You can call us on 04 488 7033.
Your Hatch account
Your Hatch account shows the value of the money and investments you hold through Hatch, and is where you place your orders for your trading account.
Money you deposit into your Hatch account is held in a New Zealand bank account in the name Hatch’s custodian – Portfolio Custodial Nominees Limited (PCN). PCN holds your New Zealand money for your benefit in a pooled account with money of other Hatch customers, and arranges for it to be exchanged into US dollars and deposited into your trading account. We don’t pay interest on the money in PCN’s bank account – it’s usually only there for a day or so (unless it’s deposited late on Friday or over the weekend).
We’re responsible for keeping accurate records about your money and making sure we transfer the correct amount to your trading account. We are not responsible or liable for any losses caused by fluctuations in the exchange rate, or delays caused by us or a failure of the banks PCN deals with.
If we can’t match the money deposited into PCN’s bank account with a Hatch customer, we may return the money to its originating bank account.
If you (or we) close your Hatch account, we will arrange for any investments held through Hatch to be cashed up and the money paid back to your bank account.
Keeping safe online
It’s important that we have up-to-date details about you at all times. You need to check your account details regularly and let us know as soon as possible if there is any change.
We’ll provide you with secure access to your Hatch account. You’re responsible for choosing and changing your password and making sure no-one else uses your account. If we receive an order from your account, we’re assuming it’s from you and we’ll act on it. We’re not responsible or liable for any unauthorised use of your Hatch account, or you losing money because of unauthorised use.
It’s up to you to keep your Hatch account secure and prevent other people accessing it. You should make sure no-one else sees you enter your password and change it regularly (at once, if you think someone else knows it).
If we suspect, or you report, unauthorised use of your Hatch account, we may block access to your Hatch account. We may also block access to your Hatch account if we think the security of it has been compromised, if we suspect it’s being used for illegal purposes, or if we are required to by law or any regulator.
We’ll let you know if we’re going to block access to your Hatch account (and why) if we can. Sometimes this won’t be possible, if we have to act quickly to maintain the security of your account or if we are prevented by law or a regulator from telling you. We’re not liable for any money or opportunity you lose while your account is blocked.
You need to report any unauthorised use of your Hatch account to us immediately, by emailing us at firstname.lastname@example.org.
While we have taken reasonable steps to ensure the security of the information you give us, you acknowledge that you give us information and use Hatch at your own risk. We are not liable for any misuse of the information you’ve given us that arises from a breach of our security measures.
We can’t guarantee that Hatch will always be available and without delays or errors. It’s not perfect (yet). We may need to suspend access to Hatch for emergencies, technical or regulatory reasons, or to maintain or improve Hatch (inching closer to perfect).
We’re not liable to you if Hatch is unavailable for any purpose.
We don’t charge any fees to open a Hatch account, but there are fees for using any of the products on Hatch. Details of the current fees are available here.
US share markets:
World First is a currency exchange (FX) provider who exchange the NZD you deposit with us into USD (and vice versa) so you can invest on the US share markets. We take care of this for you (you’re welcome). We’ll give you an estimate of the exchange rate before we change your NZD into USD and then confirm it once the deal is done. While the rate you get should be close to the estimate, we have zero control over the currency markets so we are not liable for any difference between the estimate and the rate you actually receive.
DriveWealth is a US broker-dealer who provide the broking service on Hatch. Through your Hatch account, you’ll buy shares in companies and ETFs, using DriveWealth’s broking service. DriveWealth allow you to invest dollar amounts, so you can buy as much or as little of a company or ETF as you like, even if it’s a fraction of a share.
DriveWealth gives you direct access to shares in over 2,700 of the world’s best-known companies and more than 450 ETFs.
When you sign up for the US share markets product, you agree to the terms of Drive Wealth’s Customer Account Agreement. You seriously need to read this, as it sets out what Drive Wealth (and you) are and aren’t responsible for when you trade through Hatch
We respect your privacy
Kiwi Wealth needs to collect and hold your personal details to verify your identity, comply with the law, send to our partners in relation to products you sign up for, contact you, optimise our advertising and for statistical analysis. We may send you information about other products on Hatch which we think you might be interested in, unless you tell us not to.
Some of the information we collect from you is required by the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 and the Global Account Tax Compliance Act.
If you don’t want to give us some of the information we ask for, you may not be able to use Hatch.
Who can you give my information to?
Rest assured, we’re only asking for information that we or our partners need, and we absolutely do not sell your details to marketing companies. We can only pass on your information to people or companies you’ve authorised us to give it to or who assist us to deliver and promote Hatch, to comply with the law, or if your information is anonymised.
Information for Hatch
Some of the information we ask you for is for us, and this information is held and protected by Kiwi Wealth in accordance with the Privacy Act 1993. We may outsource the storage and analysis of your information to third parties, but we’ll still comply with our obligations under the Privacy Act 1993. Third parties may be subject to overseas laws which may require them to disclose your information in certain circumstances. If you want to see or change the information we hold about you, you can contact us at email@example.com.
Information for our partners
US share markets
It’s all about you
To keep Hatch working as a beautiful digital experience for you we use analytic tools and cookies to improve Hatch based on how you and other Hatch users interact with our website.
We use website analytics tools and services (including Google Analytics, Heap and Hotjar) to gather information for us about usage patterns, mouse click activity, IP addresses, and other information you enter on the website to improve Hatch for you.
If you use our website, we will send you a cookie. This cookie is stored on your hard drive and sends us information when you access parts of our website. This helps us customise content for you to better match your interests and helps us identify that it is you (or at least your computer) when you log in to your Hatch account.
The cookies we send to your device cannot read your hard drive or command your computer to perform any action.
If you don’t like our cookies, we won’t take it (very) personally. You can reject our cookies by disabling cookies on your device in its website browser settings. This might mean that you can’t access some features on Hatch though.
If you have a complaint about us or one of our partners, email us at firstname.lastname@example.org. We’ll work with you and our partner to try and resolve it. If you lose money because of something one of our partners does (or doesn’t do), we won’t be liable, but they might be, so check their terms carefully.
External Disputes Resolution Scheme
PCN is a registered financial service provider and a member of the Insurance and Financial Service Ombudsman dispute resolution scheme. If you have a complaint about PCN’s services (i.e. dealing with your New Zealand dollars) and we can’t resolve it for you, you may be able to refer it to IFSO. This scheme is available at no cost to you and will help us resolve any disagreements.
You can contact the IFSO at:
Office of the IFSO
PO Box 10-845
Phone 0800 888 202
Our website may contain links to other websites. These terms don’t apply to any third party websites, (they’ll have their own, so don’t forget to read them) and we’re not responsible for any content on a third party website.
While some of the products on Hatch may provide tax services to you, you remain responsible for your own tax obligations, both in New Zealand and overseas. We are not liable to you for any tax liability you incur in connection with a product on Hatch.
Delegation and transfer
Hatch is all about getting the best people to do what is needed to make your Hatch experience a good one, so this might mean we appoint third parties to perform certain services or functions for Hatch. We’ll make sure they’re competent and capable before we appoint them.
You agree that we may transfer our rights and responsibilities under these terms to another person. You can’t transfer your Hatch account or any rights under it to any other person, without first getting our written consent.
We’re in New Zealand, so the laws of New Zealand apply to Hatch and these terms. Note that some of the products on Hatch are provided by overseas companies, so the laws of another country may apply to those products and any issues relating to those products. That’s why it’s really important to read and understand the terms for each product you sign up for.
Each of our terms work independently from each other, so if our lawyer’s stuffed up and any of the terms are found to be unlawful or unenforceable, the other terms are still good and still apply to you.
If there’s a dispute relating to the services of Hatch, (not the products) and you want to take it to court, you can only go to a New Zealand court.