Conditions of Use

Application of Conditions of Use

These Conditions of Use, together with any other terms, notices or disclaimers contained elsewhere on the ActiveX website, govern the supply of material on, use of and access to the ActiveX website. By accessing the ActiveX 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 ActiveX 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;
  • the pages 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 Partners; and
  • is provided in good faith and derived from sources believed to be accurate and current at the date of publication.

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

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

Fidante Partners Product Information

Each Fidante Partners 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 Partners 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;
  • seek 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 relevant to the Fidante Partners product,

when making an investment decision. All such PDSs or offer documents are available free of charge on this website or by contacting your financial adviser, Link Market Services on +61 1800 441 104 or Fidante Partners by calling our Investor Services team on 13 51 53.

All offers for Fidante Partners products are contained in the relevant PDS or other offer document (as the case may be) and not on the Fidante Partners Websites. All applications for Fidante Partners 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 attached to or accompanying the current PDS or other offer document relevant to that product.

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

Your Conduct

You warrant that when accessing and using the ActiveX 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 ActiveX website. You also agree to not use the ActiveX 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 ActiveX website (including ‘hacking’ those websites) or attempt to obtain access to secure or member parts of the ActiveX website without prior authorisation.
Fidante Partners retains the right to monitor your use of the ActiveX website and suspend or cancel further access at any time in its absolute discretion.

Copyright and Trademarks

The material on the ActiveX 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 ActiveX website, except with the prior written permission of Fidante Partners.

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

Software

Fidante Partners grants users of ActiveX website (included, but not limited to, investors and financial advisers) a non-transferable licence in relation to the ActiveX 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 ActiveX website. Fidante Partners 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 ActiveX website may contain hyperlinks and other pointers to websites 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 Partners’s control, and Fidante Partners 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 ActiveX website. Fidante Partners 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 Partners. You agree to access any such third party website entirely at your own risk.

Limitation of Liability

While we take reasonable care to ensure that all information on the ActiveX website is accurate and reasonably current, we make no absolute assurance or warranty of that. You should take reasonable steps to ensure that you are comfortable with your investment decisions and seek expert advice where appropriate. To the extent permitted by law, Fidante Partners excludes 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 ActiveX website, including your reliance on any information contained on the ActiveX website.

Where the law permits us to, we limit our s’ liability to:

– in the case of services supplied or offered by Fidante Partners:

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

– in the case of goods supplied or offered by Fidante Partners:

  • 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 ActiveX 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 Partners 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.