EMTN programme

Disclaimer

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No offer or solicitation

The material on this web page and the web pages accessed through this web page (together, the “Website”) in relation to the euro medium term note programme of Kiwibank Limited (“Kiwibank”) is provided for information and as a matter of record only. Neither this Website nor any of the material (including the documents on the following web pages) contained herein contains investment recommendations or advice and must not be construed as an indication or prediction of future results of Kiwibank.

This Website does not constitute, and should not be construed as an invitation, inducement, solicitation or recommendation to invest or otherwise deal in, or an offer to sell or the solicitation of an offer to buy or subscribe for any security issued by Kiwibank. No purchase of any security described on this Website shall occur in any jurisdiction in which such purchase would be unlawful.

By accessing this Website, you represent and warrant to us that you are doing so for information purposes only.

Accuracy of information

The material on this Website has no regard to the specific investment objectives, financial situation or needs of any recipient and should not be relied on when making any investment decision. Kiwibank does not provide any representation or warranty as to the fairness, accuracy, adequacy or completeness of any information contained in or referred to in the material on this Website. To the maximum extent permitted by law, Kiwibank and its directors, employees, agents and consultants exclude all liability for any loss or damage arising from the use of, or reliance on, the material contained on this Website.

Kiwibank’s euro medium term note programme may be amended, supplemented, updated and replaced from time to time. The information contained in or referred to in the material on this Website is given at the date of such information and should not be taken to be accurate at any other time. No representation or warranty, express or implied, is or will be made that the information contained in or referred to in the material on this Website is necessarily complete or up to date.

Credit ratings

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No incorporation by reference

Unless it is explicitly stated in relation to a particular document in respect of the euro medium term note programme of Kiwibank, no information on this Website (i) is incorporated by reference into any prospectus, offering circular, information memorandum or other offering document relating to any such borrowing programme or (ii) supplements any prospectus, offering circular or information memorandum in relation to the euro medium term note programme.

This Website and the material contained on this Website do not purport to provide any financial, investment, tax, accounting or legal advice or recommendation. Before you enter into any transaction in relation to any securities referred to on this Website, you should obtain your own independent advice from your professional financial, accounting, legal, regulatory, tax or other advisers.

The material on this Website is provided in electronic form. Information transmitted via this medium may be altered or changed during the process of transmission and Kiwibank accepts no liability or responsibility whatsoever in the event of any such alteration or change during transmission.

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In New Zealand

The material on this Website is for distribution only to persons who are 'wholesale investors' as that term is defined in clauses 3(2)(a), (c) and (d) of Schedule 1 to the Financial Markets Conduct Act 2013 of New Zealand (the "FMCA"), being a person who is either an 'investment business', 'large' or a 'government agency', in each case as defined in Schedule 1 to the FMCA. For the avoidance of doubt, the material on this Website is not for distribution to, among others, any 'eligible investors' (as defined in clause 41 of Schedule 1 to the FMCA) or to any person who, under clause 3(2)(b) of Schedule 1 to the FMCA, meets the investment activity criteria specified in clause 38 of that Schedule. Each person who accesses this Website in or from New Zealand will be deemed to have represented, acknowledged and agreed that it is a ‘wholesale investor’ as that term is defined in clauses 3(2)(a), (c) or (d) of Schedule 1 to the FMCA.

In Australia

The materials on this Website may only be accessed by persons who are:

• not a 'retail client' within the meaning of section 761G of the Corporations Act 2001 of Australia; and
• sophisticated investors, professional investors or other investors in respect of whom disclosure is not required under Part 6D.2 (disregarding section 708(19)) or Chapter 7 of the Corporations Act 2001 of Australia.

In the United States

None of the borrowing programmes or securities described in the Website have been or will be registered under the U.S. Securities Act of 1933, as amended (the “Securities Act”), and none of them may be offered, sold or resold within the United States or to U.S. Persons (as defined in Regulation S under the Securities Act) except in transactions exempt from registration under the Securities Act. It is not intended that any securities described in the Website will be registered under the Securities Act or any U.S. state securities laws.

In the United Kingdom

The material on this Website is not directed at, and may not be viewed by or distributed to, persons in the United Kingdom, except for persons (i) who are not UK retail investors and (2) who: (i) have professional experience in matters relating to investments who fall within Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (the “Order”) or (ii) are otherwise persons to whom it may lawfully be communicated (all such persons together being referred to as “Relevant Persons”).

Each person who accesses this Website in or from the United Kingdom will be deemed to have represented, acknowledged and agreed that it is (i) not a UK retail investor and (ii) a Relevant Person.

A "UK retail investor" means a person who is one (or more) of: (i) a retail client, as defined in point (8) of Article 2 of Regulation (EU) No 2017/565 as it forms part of UK domestic law by virtue of the European Union (Withdrawal) Act 2018 (the "EUWA"); or (ii) a customer within the meaning of the provisions of the Financial Services and Markets Act 2000 (as amended, the "FSMA") and any rules or regulations made under the FSMA to implement Directive (EU) 2016/97, where that customer would not qualify as a professional client, as defined in point (8) of Article 2(1) of Regulation (EU) No 600/2014 as it forms part of UK domestic law by virtue of the EUWA.

In the European Economic Area

The material on this Website is not directed at, and may not be viewed by or distributed to, persons in any Member State of the European Economic Area, except for persons who are not EEA retail investors. Each person who accesses this Website in or from a Member State of the European Economic Area will be deemed to have represented, acknowledged and agreed that it is not an EEA retail investor.

An "EEA retail investor" means a person who is one (or more) of: (i) a retail client as defined in point (11) of Article 4(1) of Directive 2014/65/EU (as amended, "MiFID II"); or (ii) a customer within the meaning of Directive (EU) 2016/97 (the "Insurance Distribution Directive"), where that customer would not qualify as a professional client as defined in point (10) of Article 4(1) of MiFID II.

Other legal considerations

The access and/or distribution of material on this Website may be restricted by local law in jurisdictions in addition to those jurisdictions mentioned above. Persons accessing this Website should inform themselves about, and observe, any such restrictions.

By accessing this Website, you confirm and acknowledge that you are (and any person for whom, or on whose behalf, you are acting is) a person to whom the materials on this Website may be lawfully communicated under the laws of all applicable jurisdictions and are not subject to any legal requirements that prohibit or restrict you (or such person) from viewing such materials.

None of Kiwibank nor any of its directors, employees, agents or advisers accepts any liability whatsoever for any loss (including, without limitation, any liability arising from any fault or negligence on the part of Kiwibank or its respective directors, employees, agents or advisers) arising from access to material on this Website by any person not entitled to do so.