You may use the e-shares site subject to the following terms. By using or by downloading any information from this site you (the "customer")
agree to be bound by these terms and conditions.
The terms of this Agreement may, from time to time, change. Upon each occasion that the terms and
conditions of the Agreement change there will be a notification on our site for 30 days. If you
(the Client) have not accessed our site for more than 30 days it is your responsibility to re-visit
these terms and conditions. By continuing to access the information, products and services contained
in our site you will acknowledge agreement to the terms and conditions prevailing from time to time.
No securities recommendation
The information available on this site is general securities advice only and is not intended to
constitute a securities recommendation. The advice does not take into account the investment
objectives, financial situation and particular needs of any particular person. Before making an
investment decision on the basis of the advice contained in this site, you should consider
whether the advice is appropriate in light of your particular investment needs, objectives and
financial circumstances. We recommend that you consult a financial adviser before you make an
investment decision.
Copyright
Except where expressly indicated otherwise, copyright in the information contained in this Internet
site is owned by E-Shares and the E-Shares group of companies. This information must not be altered
or tampered with in any way. You may use this information for your own personal use only. This
information may not otherwise be reproduced and must not be distributed, reproduced or transmitted
to any other person.
To whom this information is provided
The information in this Internet site is provided for Australian residents only and is not
intended for any person who is a resident in any other country.
Accuracy of the information
The information provided in this Internet site is given in good faith and has been derived from
sources believed to be accurate and reliable.
This information can change without notice. E-Shares gives no warranty or guarantee as to the
accuracy, timeliness, reliability or completeness of the information in this site including
information provided by third parties. None of the companies in the E-Shares Group nor any of
their directors or employees accept any responsibility for actions taken by any person or entity
based on this information.
No Guarantee of supply:
E-Shares and any third party information source (including Australian Stock Exchange Ltd) are not
liable to E-Shares' customers/members or any other person concerning the supply of the information
on the website or for any failures (including but not limited to delays, omissions, interruptions)
or faults in provision or operation of the Website, or any inaccuracies, omissions, or actionable
matter in information included on the Website.
Personal Use Only:
The site is provided as a Service for the personal non-commercial use only of our customers.
This means that you may reproduce in print, solely for your own internal use, a reasonable number
of print copies of the material downloaded from the Service. The Service is not otherwise to be
used for copying, re-publication, re-distribution, re-dissemination, publication or any other
commercial exploitation in any form or by any method whatsoever by yourself or any other persons.
For the avoidance of doubt, this prohibition includes framing, linking, posting in news groups
and any other form of copying.
Information from Third Party Providers
E-Shares uses third party providers to provide investor information such as live share prices
and company research. These reports have not been prepared to take into account individual
investment needs and objectives and are therefore not intended to be relied upon for the purpose
of making an investment decision. Before making an investment decision we recommend you consult
a qualified financial adviser. E-Shares nor any other person guarantees
the performance of any investment or the return of capital.
Service / Access
E-Shares will use its best efforts to provide access to this site on a 24 hour basis. However,
there may be interruption to the service to facilitate reasonable maintenance. E-Shares will
not be liable to any person for interruptions to the service.
Termination of Access
E-Shares has the discretion to terminate access to the services on this site without notice.
Commissions
E-Shares may receive a trail commission on retail managed funds purchased through this service.
Limitation of liability
To the extent permitted by law, the liability of E-Shares (and, where applicable, a third party
service provider such as a bank or financial institution) is limited (at the option of E-Shares
or the relevant third party service provider) to either providing the service again or paying for
the costs of the service to be provided again and in no circumstances shall E-Shares (or, where
applicable, a third party service provider) be liable for any consequential, economic or indirect
loss that may be occasioned in connection with you accessing E-Shares' site, the Financial
Information or the products and services.
Except to the extent that it is prevented by legislation, E-Shares (and any third party service
provider) expressly exclude all implied warranties whether as to merchantability, fitness for
particular purpose, or otherwise.
Performance is not guaranteed
Investors should note that the performance of any fund or trust offered or to be offered through
E-Shares is dependent upon the performance of the underlying assets of each fund, which can rise
as well as fall in value.
Confidentiality
The Internet is not completely secure and while E-Shares uses its best endeavours to ensure
that your information remains confidential (including the use of advanced encryption technology)
there remains a possibility that information you provide could be intercepted by unauthorised persons.
Advertisers, sponsors and links to other sites
By accessing the E-Shares site it may be possible to link to other sites. E-Shares is not
responsible in any way for the content or information that may be available on linked sites.
Any information which is provided by advertisers or sponsors on the E-Shares site is the sole
responsibility of the relevant advertiser or sponsor.
Traffic Flow
Response times and the ability to effect an on-line transaction vary with user demand.
You agree not to hold E-Shares (or, where applicable, any third party service provider) responsible
for any inability to make an on-line transaction.
E-Shares Gold Member Trading
E-Shares has selected stockbroker Hartleys Limited (ABN 67 009 136 029) to execute trades
made through Gold Member Trading. When you become a Member of Gold Member Trading, you appoint Hartleys
as your broker and you ("the Client") are subject to the Terms and Conditions of trading imposed by
them.
The Account Information, including account balances, contract notes and open orders, made available
to Members of Gold Member Trading are provided by Hartleys. All relevant payments, fees and charges for
using Gold Member Trading are payable by Members to Hartleys. E-Shares is entitled to receive fees from
Hartleys for providing access to Hartleys's website.
You authorise the Hartleys (the "Broker") to supply information contained in your application form and
our other records held from time to time (including details of orders placed and trades entered
into by you, other transactions conducted by you through or in connection with this website, and
other information concerning you that they may receive from your use of this website or any
associated website, but excluding your PIN and security details) to E-Shares for its use
(including for use in marketing further services to you).
Important Disclaimer and Limitation of Liability
Except to the extent not permitted by law:
- The Client acknowledges and accepts that the Client shall not make any claim against any of the Broker, E-Shares, any other person whose website is linked to the Broker's website or E-Shares' website ("Linked Party"), or any other person supplying information for use on the website of the Broker, E-Shares or Linked Party ("Information Supplier"), nor against any officer, employee, agent or related company of any of the foregoing, for any acts or omissions relating to or arising out of any delay in operation or transmission of the Broker's investment trading facility or associated services (such as the provision of market information, market research and other data (collectively "Market Information")), communications failure, Internet access difficulties or malfunction in equipment or software, and that the Client shall indemnify such persons against all such claims.
- The Client acknowledges that the Broker, E-Shares and each Linked Party, and their respective officers, employees, agents and related companies, expressly disclaim any belief as to the accuracy, completeness, truth or falsity of any Market Information that is made available to the Client in connection with the Broker's investment trading facility or which is otherwise available on the website of the Broker, E-Shares or a Linked Party, and that such Market Information that is made available to Client is likely to be sourced from other persons and merely passed on.
- Further to, and without limiting, paragraph (1), the Client covenants in favour of the Broker, E-Shares, each Linked Party, and each Information Supplier, and their respective officers, employees, agents and related companies, that none of them shall be liable to the Client for indirect, special, incidental or consequential loss or damages (including loss resulting from business disruptions, lost profits, trading or execution losses) or loss or damage to systems or data, whether in an action for contract, negligence, other tort or other cause of action of any kind (even if they have been advised of the possibility of such damages), and the Client shall keep each of them indemnified against all such claims by the Client.
- Further, the Client acknowledges and agrees that Market Information which is made available to the Client is not suitable to be acted upon as investment advice, and that it may be advisable to obtain professional investment advice before making any investment decisions relying on the Market Information.
Posted on our site from time to time may be various business and financial products and services.
Further terms and conditions may apply for each portfolio which is accessed. If there is any
inconsistency, the provisions applying to use of that portfolio take precedence over these general
terms and conditions of use.
Where financial information (which may include exchange rates, interest rates or other financial data)
(the "Financial Information") is displayed on the site E-Shares will generally attribute the source.
You acknowledge that E-Shares are in no way responsible for the accuracy of the Financial
Information and are no way providing or to be taken to be providing financial advice.
The Financial Information is provided for general use only and is not intended to be accurate up to
the minute. E-Shares will endeavour to have the Financial Information updated on a daily basis.
The Financial Information provided does not purport to be financial advice and should not be viewed
as a substitute for financial advice.
You agree and acknowledge that the financial services that are provided on this site, (which may
include the services of an insurance broker, mortgage lender, personal banking or other business
or other financial services) (the "Services") is only an invitation for you to exchange information
so that we or (where applicable) the relevant bank or financial institution may determine whether
it is to a mutual advantage to do business with each other. For example, any application for a
mortgage or information disclosed by you in contemplation of applying for a mortgage is not to be
construed as an offer by E-Shares or (where applicable) the relevant bank or financial institution
which is capable of acceptance. Further, the state or country in which you reside or do business
may have particular laws which render the information provided inapplicable to your specific situation.
Passwords, access numbers and account numbers
On registration as a Client with E-Shares for a particular product or service you may be provided with a confidential password, access number and/or account number. It is your responsibility to keep these confidential and to notify E-Shares as soon as you are aware that any of these have been accessed by unauthorised persons. If you give any of these access tools to other persons it is your responsibility for any charges or other liability that may arise from those persons having access.
Other
You agree that the terms of this Agreement are to be governed by the laws applicable from time to
time in the State of Western Australia.
If for any reason any provision of this Agreement is rendered void or unenforceable at law, then
this Agreement is to be read as if that particular term or provision had not been included.
Basic membership is free. However, if you elect to subscribe to a service which involves fees you agree to pay all related subscription, service and user fees which may be levied by E-Shares. These charges may be varied from time to time. It is your responsibility to inform yourself of the charges which are applicable from time to time. This may either be done by accessing the information through the E-Shares site or telephoning E-Shares's support service.
Use of this site may be monitored by E-Shares for security or quality control purposes.
PROSPECTUS
No guarantee of performance
E-Shares
- does not guarantee the performance of any fund or trust included on the site and make no representation as to the success or otherwise of any such fund or trust;
- has not authorised and are not responsible for the issue of any prospectus (in whole or in part) included on the site; and
- does not make an offer or a recommendation with respect to any securities in respect of which a prospectus is included on this site.
Investment returns are affected by many factors which are continually changing, such as economic,
legislative, capital markets and investment management issues. These factors can cause fluctuations
in the unit price and income distribution of each offering, as well as give rise to profits or
losses on redemption of units.
Neither E-Shares nor any E-Shares company guarantee or make any representations as to the
performance or success of, rate of income or capital return from, or recovery of money invested in
the funds or trusts offered through E-Shares.
Past performance is not indicative of any future performance. Before making an investment decision,
you should consider whether the information is appropriate having regard to your particular
circumstances, investment objectives and financial needs. You may wish to consult an appropriately
qualified adviser.
Other Information
A copy of the prospectus for each offer included in the site has been lodged with the Australian
Securities and Investments Commission.
An application for the securities to which any prospectus relate can only be made on completion
of an application form attached to a paper copy of the prospectus or accompanied by an electronic
version of the prospectus.
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