Australia

Conditions of Use

Application of Conditions of Use

In these Conditions of Use, Fidante Partners Limited (ABN 94 002 835 592 AFSL 234668 and/or Fidante Partners Services Limited (ABN 44 119 605 373 AFSL 320505) are collectively referred to as “Fidante”.

These Conditions of Use, together with any other terms, notices or disclaimers contained elsewhere on the Fidante Website, govern the supply of material on, use of and access to the Fidante Website. By accessing the Fidante Website, you agree to be bound by these Conditions of Use and any modifications, from time to time, of them.

 

Information and Accuracy

Information provided on the Fidante Website:

  • except as otherwise stated, is intended for Australian and New Zealand residents only and may not comply with the laws of other jurisdictions outside Australia and New Zealand;

  • referencing investment managers based in the United Kingdom are intended for United Kingdom and European residents only;
  • is of a general nature and does not take into account your individual circumstances, financial situation or needs or particular investment objectives;
  • is not intended to be investment advice nor a recommendation or statement of opinion about any particular financial product or class of financial products. As a result, it should not be relied upon in acquiring any product or service offered by Fidante; and
  • is provided in good faith and derived from sources believed to be accurate and current at the date of publication.

Fidante does not guarantee the accuracy, adequacy or completeness of information on the Fidante Website or that those websites are otherwise free from error, omission or other defect. Fidante reserves the right to change any information provided on the Fidante Website without notice. Fidante does not guarantee that your use of the Fidante Website will be uninterrupted, timely or secure.

Unless otherwise specified, all references to currency are to Australian dollars.

 

Fidante Product Information

Each Fidante product has its own unique features and risks (which include possible loss of money invested and fluctuating investment returns). These particular features and risks are set out in the relevant product disclosure statement (PDS) or other offer document (as the case may be). You should always consider whether or not a particular Fidante product is appropriate for you in light of your particular needs, objectives and financial circumstances. In particular, you should:

  • understand the relevant product's features and risks;

  • consider seeking independent advice (particularly about such individual matters as taxation, retirement planning and investment risk tolerance); and
  • read the relevant current PDS or other offer document and Target Market Determination (TMD) (if applicable) relevant to the Fidante product,

when making an investment decision. All such PDSs or offer documents or TMDs are available free of charge on this website, or by contacting your financial adviser or calling the Fidante Investor Services team on 1300 721 637.

All offers for Fidante products are contained in the relevant PDS or other offer document (as the case may be) and not on the Fidante Website. All applications for Fidante products, unless otherwise expressly stated in the applicable PDS or offer document, must be made by Australian residents only and must be made using an application form or application process attached to or accompanying the current PDS or other offer document relevant to that product.

Not all products and services referred to on the Fidante Website are issued or provided by the same Fidante entity. Offers are made by the relevant product issuer, which will usually be a member of the Challenger Limited Group. The product issuer is identified in the PDS or other offer document for each product. All statements made in relation to a particular Fidante product or class of Fidante product on the Fidante Website are made by the issuer of that Fidante product.

 

Your Conduct

You warrant that when accessing and using the Fidante Website you will not use any part of the website for any purpose that is unlawful or prohibited by these Conditions of Use or any other term, notice or disclaimer appearing on the Fidante Website. You also agree to not use the Fidante Website in any way that interferes with other users.

You agree to not breach or circumvent, or attempt to breach or circumvent, any security measures on the Fidante Website (including 'hacking' those websites) or attempt to obtain access to secure or member parts of the Fidante Website without prior authorisation.

Fidante retains the right to monitor your use of the Fidante Website and suspend or cancel further access at any time in its absolute discretion. Fidante Partners Europe does not offer products to the general public.

 

Copyright and Trademarks

The material on the Fidante Website is protected by copyright. You may only use this material for your own personal reference. You must not otherwise use, reproduce, publish, modify, distribute, link, frame, transmit in any form or by any means, electronic or mechanical, for any purpose, any of the material on the Fidante Website, except with the prior written permission of Fidante.

Trademarks used on the Fidante Website are the property of Fidante or third parties with which Fidante has an association. You must not use a trade mark used on the Fidante Website without the prior written consent of the owner of that trade mark.

 

Software

Fidante grants users of Fidante Website (included, but not limited to, investors and financial advisers) a non-transferable licence in relation to the Fidante Website, including any files, images, tables and data incorporated in or generated by the software, and the data accompanying the software (collectively the 'software') necessary for the purposes of your use of the Fidante Website. Fidante may decide to incorporate a fee for use of the software, which may be advised from time to time.

 

Links to Third Party Websites and Information Regarding Third Parties

The Fidante Website may contain hyperlinks and other pointers to websites, including investor and adviser log in sites, operated by third parties and information given by a third party regarding their purpose, function and service (Information). These linked websites are not under Fidante’s control, and Fidante is not responsible for the contents of any linked website or any hyperlink contained in a linked website and the content of any Information provided on the Fidante Website. Fidante provides these hyperlinks and Information as a convenience only, and the inclusion of any link and Information does not imply any endorsement of the linked website or third party by Fidante. You agree to access any such third party website entirely at your own risk.

 

Limitation of Liability

You agree that your use of the Fidante Website and reliance on any information contained on the Fidante Website is entirely at your own risk. To the extent permitted by law, Fidante excludes all liability for any loss or damage (including indirect or consequential loss or damage) you or any other person suffers in connection with your use of the Fidante Website, including your reliance on any information contained on the Fidante Website.

Fidante’s liability for breach of any warranty or condition implied by law that cannot be excluded is limited, at Fidante’s option, to:

1. In the case of services supplied or offered by Fidante: 

  • the re-supply of those services; or
  • the cost of having those services re-supplied; and

2. In the case of goods supplied or offered by Fidante:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods; or
  • the cost of having the goods replaced or repaired.

 

Governing Law

These Conditions of Use and other terms, notices and disclaimers appearing on the Fidante Website are governed by the laws in force in the state of New South Wales Australia. You agree to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these online Conditions of Use.

 

Security

Fidante takes all reasonable steps to protect the personal information held about you and/or your clients (where applicable) from misuse and loss and from unauthorised access, modification or disclosure.