These Website Terms and Conditions apply to all business process consulting services provided by Sygmative Ltd. (“Consultant”), operating under the brand SygmaTive. By engaging the Consultant or using this website, you agree to these Terms and Conditions, the standalone Privacy Policy published on this website, and the Upfront Payment Policy.

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Last updated: February 2026

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1. About the Consultant

The Consultant provides independent business process consulting services with a specialization in trading-related activities, including data analysis, reporting, and process improvement. Services may include analysis of trading and operational data, development of insights and KPIs, and optimization of business or trading-related processes. Services may be delivered on a one-off project basis or through ongoing consultancy arrangements.

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All services provided are for advisory purposes only and do not constitute financial, investment, or trading advice. Clients remain solely responsible for their own decisions and outcomes.
 

Registered Address:

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Sygmative Ltd. - NZBN 9429053428356

Level 6 - AON Building

1 Willis Street

Wellington 6011 - New Zealand.

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​2. Engagement of Services

Any services provided by the Consultant will be subject to a written proposal, statement of work, engagement letter, or confirmed scope ("Engagement"). These Website Terms and Conditions form part of, and are incorporated into, each Engagement.

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​3. Independent Contractor Relationship

The Consultant acts as an independent contractor. Nothing on this website or in any Engagement creates an employment, partnership, joint venture, or agency relationship.

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4. Website Use

By accessing this website, you agree to use it only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit the use and enjoyment of the website by any other person.

 

You must not:

• misuse the website by knowingly introducing viruses, malware, or other harmful material;
  attempt to gain unauthorized access to the website, server, or connected systems;

• use the website in a way that could damage, disable, overburden, or impair its functionality.
   

The Consultant does not guarantee that the website will be secure, uninterrupted, or error-free. To the maximum extent permitted by law, the website is provided on an “as is” and “as available” basis.

 

5. Fees, GST, and Payment

Fees will be agreed in writing prior to commencement of services.

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All fees are exclusive of GST (Goods and Services Tax). GST will be added in accordance with the Goods and Services Tax Act 1985 where applicable.

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Fees are payable in accordance with the applicable Engagement and the Upfront Payment & Refund Policy set out below.

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Invoices will be issued as agreed in the Engagement.

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The Consultant reserves the right to charge interest on overdue amounts in accordance with the Interest on Money Claims Act 2016.

 

6. Upfront Payment & Refund Policy

Unless otherwise expressly agreed in writing in the applicable Engagement, full payment of the total agreed fees is required prior to commencement of the Services.

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At the Consultant’s sole discretion, the Consultant may agree in writing to accept a partial upfront payment of not less than 50% of the total agreed fees, with the remaining balance payable in accordance with the applicable Engagement or upon completion of the agreed deliverables.

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The Consultant reserves the right to suspend, withhold, or delay the commencement or continuation of the Services until any required upfront payment has been received in cleared funds.

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Unless otherwise expressly agreed in writing, fees are non-refundable once the Services have commenced, or once access has been granted to any proprietary methodologies, frameworks, templates, trading models, analyses, reports, or other intellectual property.

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If the Consultant cancels the Engagement before commencement of the Services, the Consultant will refund any upfront fees paid in respect of that Engagement.

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For ongoing consultancy arrangements, fees relating to future service periods are refundable only if expressly agreed in writing.

 

7. Client Responsibilities

The Client is responsible for providing timely access to relevant information, systems, and personnel required to perform the services. The Consultant is not responsible for delays or outcomes caused by incomplete, inaccurate, or late information.

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8. Intellectual Property

Unless otherwise agreed in writing:

• All final deliverables created specifically for the Client become the Client’s property upon full payment.

• All pre-existing intellectual property, methodologies, frameworks, templates, tools, trading models, and know-how remain the Consultant’s property.

• The Client is granted a non-exclusive, perpetual license to use such materials for internal business purposes only.

 

9. Confidentiality

The Consultant will treat all non-public and proprietary information, including trading-related information, as confidential and will not disclose it except as required to perform the services or by law.

 

10. Financial, Regulatory & Non-Reliance Disclaimer

The Consultant provides business process consulting, data analysis, reporting, analytics review, and operational optimization services only. The Services are strictly limited to business process improvement and workflow evaluation.

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The Consultant is not a licensed financial advisor, broker, investment manager, portfolio manager, fiduciary, or financial services provider under the Financial Markets Conduct Act 2013 or any other regulatory regime, unless expressly stated in writing.

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The Services do not constitute financial advice, investment advice, trading advice, portfolio management, discretionary trading services, brokerage services, or trading execution services.

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Any examples, scenarios, analyses, models, frameworks, reports, insights, templates, or data relating to trading activities are provided solely for informational, analytical, and process-improvement purposes. Such materials:

• do not take into account the Client’s financial situation, objectives, or risk tolerance;

• are not personalized investment recommendations;

• must not be relied upon as financial, legal, or investment advice;

• are not a substitute for independent professional advice.​

 

The Client acknowledges and agrees that:

• the Services are limited to business process consulting, analytics, reporting, and operational improvement;

• the Consultant does not provide financial advisory, fiduciary, or regulated investment services;

• the Client remains solely responsible for all trading decisions, investment strategies, risk management, regulatory compliance, and financial outcomes;

• the Client does not rely on the Consultant as a financial advisor, investment advisor, broker, fiduciary, or licensed financial services provider.
   

All trading decisions, financial outcomes, risk exposures, regulatory obligations, and compliance responsibilities remain exclusively with the Client. The Client acknowledges that no fiduciary or advisory relationship is created between the parties.

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11. Warranties Disclaimer

To the maximum extent permitted by law, the Consultant excludes all representations, warranties, or guarantees (whether express, implied, statutory, or otherwise) except those expressly set out in these Terms or required by law.

 

Without limitation, the Consultant does not warrant that:

• the Services will meet the Client’s specific expectations or business objectives;

• the Services will result in improved trading performance, profitability, or operational outcomes;

• the website will be uninterrupted, timely, secure, or error-free.

 

​12. Limitation of Liability and Indemnification

To the fullest extent permitted by applicable law, the Consultant’s total aggregate liability arising out of or in connection with any Engagement, the Services, or the use of this website is limited to the total fees actually paid by the Client to the Consultant under the relevant Engagement in the 12 months preceding the event giving rise to the claim.

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The Consultant is not liable for any indirect, special, incidental, exemplary, punitive, or consequential loss, including (without limitation) loss of profits, loss of revenue, loss of trading opportunity, loss of anticipated savings, loss of goodwill, or financial or trading losses of any kind.

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The limitations and exclusions of liability in this clause apply whether the claim arises in contract, tort (including negligence), equity, statute (including under the Fair Trading Act 1986), or otherwise.

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The Client agrees to indemnify, defend, and hold harmless the Consultant, its directors, officers, employees, and contractors from and against any and all claims, losses, damages, liabilities, penalties, costs, or expenses (including legal costs on a solicitor-client basis) arising directly or indirectly out of or in connection with:

• the Client’s trading decisions, investment activities, or financial outcomes;

• any reliance placed on the Services beyond their stated purpose;

• any breach of these Terms by the Client;

• any regulatory investigation, claim, or enforcement action arising from the Client’s trading or financial activities;

• any third-party claim arising from the Client’s use of the Services.

 

This indemnity survives termination of the Engagement.

 

13. Consumer Law

Nothing in these Terms and Conditions limits or excludes any rights the Client may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable legislation, to the extent such rights cannot lawfully be excluded.

 

If the Client is acquiring the Services in trade (as defined in the Consumer Guarantees Act 1993), the parties agree that the Consumer Guarantees Act 1993 will not apply to the Services to the extent permitted by law.

 

14. Privacy Policy

Personal information is collected, used, stored, and protected in accordance with the Consultant’s Privacy Policy, which is published separately on this website and forms part of these Terms and Conditions by reference.

 

15. Force Majeure

Neither party will be liable for any delay or failure to perform its obligations under these Terms or any Engagement to the extent such delay or failure is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, power failures, internet outages, governmental actions, pandemics, or other unforeseen events.

 

​16. Termination

Ongoing Engagements: Either party may terminate an ongoing engagement by providing 14 days’ written notice.

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One-off or short-term engagements (<14 days): Termination must be handled in accordance with the agreed Proposal or Scope of Work. If work has commenced, any fees already paid are non-refundable, regardless of the remaining project duration.

 

Refund: If the Consultant cancels the Engagement before work begins, a full refund of any upfront fees will be provided. For ongoing engagements, fees for future periods are refundable only if explicitly agreed in writing.

 

The following clauses survive termination or expiry of any Engagement: Intellectual Property, Confidentiality, Financial, Regulatory & Non-Reliance Disclaimer, Warranties Disclaimer, Limitation of Liability and Indemnification, Consumer Law, Dispute Resolution, and any other provisions which by their nature are intended to survive.

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17. Dispute Resolution

If a dispute arises in connection with these Terms or any Engagement, the parties agree to first attempt to resolve the dispute through good faith negotiations.

 

If the dispute cannot be resolved within 20 working days, either party may refer the matter to mediation in New Zealand before commencing court proceedings.

Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court.

 

18. Severability 

If any provision of these Terms is held to be illegal, invalid, or unenforceable, that provision will be modified to the extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions will remain in full force and effect.

 

19. Waiver 

A failure or delay by either party to exercise any right under these Terms does not constitute a waiver of that right. Any waiver must be in writing.

 

​20. Governing Law

These Terms and Conditions are governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

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21. Entire Agreement

These Terms, together with any Engagement, proposal, statement of work, Privacy Policy, and Upfront Payment Policy, constitute the entire agreement between the parties relating to the Services and supersede all prior discussions, representations, negotiations, or agreements (whether written or oral).

 

The Client acknowledges that it has not relied on any statement, representation, warranty, or undertaking not expressly set out in these documents.

 

​22. Changes to These Terms

The Consultant may update these Website Terms and Conditions, Privacy Policy, and Upfront Payment Policy from time to time. The latest version will be published on this website and will apply to future engagements.