Disclaimer

In this disclaimer the following terms have the following meanings:

Unless the Platform Provider has specifically agreed an investment mandate with you, you remain the client of the Financial Services Provider for all investment and regulated services provided to you. The Platform Provider’s provision and your use of the Platform does not create any client relationship between the Platform Provider and you.

Where the Platform Provider has entered into any other terms with you regarding the provision of the Platform and there is any conflict between those terms and the provisions of this disclaimer the relevant part of those other terms will prevail.

Should you have any queries regarding any of your investments you must discuss those with your Financial Services Provider.

By correctly entering your password and submitting your instructions to trade you confirm you have read and understood and agree to be bound by the following:

1. About the Platform

1.1 Portfolio reports and price information

Portfolio reports are available for you to view on the Platform. They typically contain consolidated information of investments and other related information. The values given in these reports are determined using the first in first out methodology, including calculating commissions. A unit cost is calculated as the total cost for all lots of each security divided by the total quantity. Positions are reflected as at the trade date on the assumption that all positions are settled. Gains and losses may be higher or lower if the cost bases for securities in your account are not available, or sourced from a different custodian. Security pricing may vary from actual liquidation value. Prices shown should only be used as a general guide to portfolio value. All prices, performance data and information in these portfolio reports are generated from sources believed to be reliable, although any source may change without restriction or notice. Equity prices are those as at the close of business on the previous day or the most recently available price. Where prices for the same security vary at different sources, the Platform Provider maintains the right to choose which pricing source to rely on. Where, in the opinion of the Platform Provider, an investment is not readily realisable, then it will be valued at such valuation as the Platform Provider determines to be fair on each occasion, which may not be the actual value at which the investment may be sold.

1.2 FX

Notional FX gains arise in the portfolio reports for securities that might not be denominated in the reporting currency and they do not necessarily relate to actual cash movements. Notional FX gains arise through the FX rate applied to the trades on the purchase and sale dates and will affect the notional gain, calculated on the rates held in the system. The notional gain, against the reporting currency, forms part of the total gain recognised in the portfolio reports. Fluctuations in the underlying market will affect the prices and resulting income from investments. Fluctuations in FX rates will affect the valuations of investments denominated in foreign currencies. These fluctuations may result in realised and/or unrealised losses or profits to investors.

2. No representations, no warranties

Portfolio reports are intended for information purposes only and do not replace the Custodian’s statements. Portfolio reports that reflect “away assets” (assets not held by the Custodian) are not reconciled with the records held by the Custodian and also should not be relied on as a definitive record of your holdings or their value.

No representation or warranty is given:

i. as to the completeness or accuracy of any information available via the Platform, including any portfolio reports or information or software provided by third parties or websites which may be accessed by a hyperlink from the Platform;
ii. as to the validity of results produced by calculator tools that are provided on the Platform (it is your responsibility to verify the accuracy of their output); or
iii. for the security or transmission of electronic instructions via the Platform, whether sent from the Financial Services Provider, the Platform Provider or you.

No information on the Platform should be construed in any jurisdiction as an offer to buy, sell, invest or participate in any financial instrument or trading strategy. The Financial Services Provider and the Platform Provider are entitled to rely on and treat as binding any instructions which they believe to be from you and which have been accepted in good faith.

3. Limitation of liability

Except as may be required by applicable law or regulation, neither the Financial Services Provider nor the Platform Provider will be liable for any loss or damage, whether direct or indirect (and whether foreseeable or not), which you or any person may incur or suffer in relation to your use of the Platform and arising from:

i. your use of or reliance on any information or data on the Platform and third party information or data accessed via hyperlinks (which might not be maintained or independently verified) on the Platform;
ii. an erroneous trading instruction placed by you on the Platform;
iii. your specific request, instructions, fault, omission or dishonesty;
iv. any damage to your computers, software, modems, electronics, telephones or other property;
v. the Platform being unavailable or temporarily or permanently suspended without notice, including, without limitation, when it is necessary to suspend such services to upgrade, carry out repairs on or correct errors in any hardware or software;
vi. any failure, interruption or delay in using the Platform as a result of a breakdown, failure or malfunction of any hardware, software or systems (internally or externally), strikes, other industrial action or dispute, or the failure of the Custodian, any relevant exchange, clearing house, broker, independent software vendor, settlement agent or bank in performing its obligations or in operating efficiently and correctly;
vii. any cause over which neither the Financial Services Provider nor the Platform Provider has direct control including, but not limited to, website cookies on your browser, the safekeeping of your Platform security details, hacking or any unauthorised access to your Platform account which may lead to fraud or unauthorised instructions or disclosure; or
viii. the proper performance of the Financial Services Provider or the exercise of its rights under or otherwise, in connection with its agreement with you, except to the extent provided for in that agreement with you.

Where you place any trading instruction directly through the Platform, you do so at your own risk and the Financial Services Provider shall have no obligation to check the accuracy of any of the information that you input or to notify you if your instruction is contrary to the currency you hold, the levels of cash and/or the amount of stock that you hold in our account.

4. Access to the Platform

4.1 Registration & Security

All Platform users are issued with a User ID and changeable password. Each registration is for a single user only. You must keep your User ID secure and secret at all times and take steps to prevent unauthorised use including, but not limited to, logging off the Platform at the end of every session.

4.2 Cookies

The Platform makes use of cookies for security and functionality purposes. All cookies used in relation to the Platform are required in order to allow the Platform to operate and remain secure. By using the Platform you consent to the Platform Provider using such cookies.

Should you not agree to the use of such cookies you must not use the Platform. Any cookies which have been placed on your computer can be deleted by you at any time. If you want to know how to delete cookies, please refer to the help menu on your web browser.