1.1 APN FM is the issuer of Financial Products.
1.2 You are a person who is accessing the Website.
1.4 The terms and conditions relating to the issue of Financial Products are contained in the disclosure documents for that Financial Product and are not governed by this Agreement.
1.5 If you are applying as, or for, a corporate entity, you agree that you have the authority to bind that entity to this Agreement, and have attached such written Authority to this Agreement or otherwise have sent it to APN FM.
In this Agreement:
“Account” means your account with APN FM in relation to any investment of Financial Products held with us.
“Account details” means information relating to your Account, including but not limited to your name, address and the nature and amount of your investments.
“Agreement” means this user agreement governing the access to and use of the Website.
“Application Form” means an application form that is available for download from the Website or as an online form to be completed and submitted electronically via the Website, relating to the issue of Financial Products by APN FM to you.
“APN FM”, “Us” or “We” means APN Funds Management Limited ACN 080 674 479 or any of its associates or related bodies corporate, within the meaning in the Corporations Act, that issue Financial Products.
“Client” means a wholesale or retail client, as defined in the Corporations Act.
“Content” means any information and material provided on the Website which is made available by us, including information associated with Financial Products.
“Corporations Act” means the Corporations Act 2001(Cth) and the regulations made under that legislation, as modified.
“Financial Product” means a financial product, as defined under the Corporations Act, that is issued by APN FM under the relevant disclosure document.
“Unit balance” means the number of units held by an investor in funds operated by APN FM.
“You” or “your” means those person(s) who wish to have access to the Website subject to and on the terms and conditions of this Agreement.
“Website” means the website located at www.apngroup.com.au, which APN FM has developed and is the proprietor of.
“Withdrawal price” means the withdrawal price of units in funds operated by APN FM.
3.1 We agree to you to accessing the Website on the terms and conditions set out in this Agreement and for the purposes of:
(a) accessing the Content; and
(b) facilitating an application for Financial Products by completing and submitting an Application Form online, or such other facilities in relation to your Account that APN FM wish to offer you from time to time.
3.2 Access to the Website is only available to residents of Australia and, unless expressly stated otherwise, does not constitute an offer or solicitation for the purchase of Financial Products.
4.0 Application for Financial Products
4.1 You may be able to apply for Financial Products on the basis of a properly completed and submitted Application Form, or by downloading an electronic copy of an Application Form made available to you on the Website and sending it in to APN FM once properly completed.
4.2 In doing so, you agree that:
(a) you have been provided and have read the relevant disclosure documents in their complete and unaltered form (be it paper of electronic) prior to applying for a Financial Product; and
(b) you understand that upon request to APN FM, APN FM will provide you with paper copies of any disclosure document that has been provided to you electronically.
4.3 You agree:
(a) that all information contained in the completed Application Form is true, accurate, current and complete;
(b) that upon lodgement of an Application Form, you will print the Application Form, ensure that you have signed the Application Form and post it to APN FM;
(c) that you will use best endeavours to provide any information or documentation relevant to you to assist APN FM in relation to any discrepancies that APN FM may discover and any queries or demands that APN FM may receive from any regulatory, law enforcement or statutory body; and
(d) where you have provided access to the Website for another person to apply for Financial Products, you will ensure that they have read the relevant disclosure document for that Financial Product.
4.4 You warrant that, prior to the lodgement of an Application Form or request for any modification to or transaction on your Account, you have the appropriate authority to proceed with the relevant application, modification or transaction request.
5.0 Value of the Financial Products and Unit Prices
5.1 The value of the Financial Products as stated in the Website is based on the latest allotted Withdrawal price and your unit balance as recorded in your Account.
5.2 The latest allotted Withdrawal price is generally the price of the Financial Product from the previous day. This price may differ from the actual price you may receive for your investment if you were to lodge or apply for a transaction request to withdraw your investment. Your actual price will only be confirmed upon APN FM receiving (whether in paper form or online) a completed transaction request.
5.3 Prices will usually be released after or around 4:00pm (EST), however delays may occur in updating the prices.
5.4 Your Account details may not reflect any recent changes or transactions made to the Account.
6.1 You agree that, at all times, you will provide true, accurate, current and complete information about you to us.
6.2 If you are providing advice to a person outside Australia you must ensure that the person does not rely on any advertising, information or other material available on or via the Website.
7.1 You cannot assign your rights under this agreement without the prior written consent of APN FM.
8.1 We may, at our sole discretion, vary or modify this Agreement without notice. Any subsequent access to, or use of, the Website by you will constitute an acceptance of those modifications.
9.1 Any Content available on the Website, including (without limitation) any tools, calculator’s articles and information about the Financial Products is of a general nature only. It does not take into account the investment objectives, particular needs or financial situations of any individuals. The Content does not purport to provide financial or investment advice or make any recommendations. The Content should not be relied upon as the basis of an investment decision or as a substitute for the application of your own knowledge, skill and judgment in fulfilling any obligations that you may have to your Clients or potential clients.
9.2 Unless expressly stated otherwise, the fact that the Content is accessible through the Website:
(a) is not a recommendation by APN FM of the merits, or a guarantee of the performance, of any Financial Product; and
(b) is not intended to be a representation that persons will be issued Financial Products or otherwise be able to acquire any Financial Product by applying for such Financial Products from APN FM.
9.3 You agree that where APN FM is required, by law or otherwise, to provide you with a document or notice, you consent to the provision of that document or notice via electronic means and/or through links provided. We suggest that any such document be printed or electronically stored for future reference.
10.0 No express warranty
APN FM makes no warranty that the use or operation of the Website, the Content or any aspect of the Website will be uninterrupted or error-free or that the Website or any of its functions are suitable for any particular purpose or have any performance, functionality or security features except as required by law.
11.0 Limitation of liability
Where any Act, law or statute implies in this Agreement any term, condition or warranty and that Act, law or statute avoids or prohibits a contract excluding or modifying the application of or exercise of or liability under such term, condition or warranty, such term, condition or warranty will be deemed to be included in this Agreement. However, the liability of APN FM for any breach of such term, condition or warranty will be limited, at the option of APN FM, to:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of the equivalent goods;
(ii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(b) if the breach relates to services:
(i) the supply of the services; or
(ii) the payment of the cost of having the services supplied again.
12.0 Intellectual property
12.1 All trademarks on the Website are owned, or used under licence by, us.
12.2 Nothing contained on the Website should be construed as granting any licence or right to use any trademark. Your use of the trademarks, or any other Content, except as provided herein, is strictly prohibited.
12.3 All Content is protected by copyright laws and is owned, or used under licence by, us.
12.4 You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Website. You will not obtain any intellectual property rights in or any right or licence to use the Content on the website other than as set out in this Agreement.
12.5 You agree not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as the rights of publicity and privacy) that are not expressly authorised by us.
14.0 Anti-money laundering and other illegal activities
14.1 APN FM is bound by laws relating to the prevention of money laundering and the financing of terrorism, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and associated rules and regulations (“AML Legislation”).
14.2 APN FM may be required to collect certain customer identification information and verify that information in compliance with the AML Legislation before it can issue Financial Products to investors. Notwithstanding any other provisions of this Agreement, you agree to provide any information or documents reasonably requested in order to ensure compliance with the AML Legislation.
14.3 Customer identification information may include detailed know your customer (“KYC”) information such as: for an individual – name, address, and date of birth; for a corporate entity – details of directors and beneficial owners; for a trustee – details of the trust and beneficiaries. APN FM may require further KYC information such as information concerning business activities, structure and source of funds of investors and from time to time may require an investor to provide updated or additional information.
14.4 APN FM may refuse to accept an application or decline to issue Financial Products to an investor until it has satisfactorily concluded a customer identification procedure in relation to the investor. APN FM may delay or refuse any request or transaction, including by suspending the issue of Financial Products if APN FM is concerned that the request or transaction may cause APN FM to contravene the AML Legislation. APN FM will incur no liability to the investor if it does so.
14.5 By completing the Application Form, you agree:
(a) to provide to APN FM any information or documents which APN FM reasonably requests be provided in order for APN FM to comply with the AML Legislation and associated rules and regulations. Information requested may include, identification checks and procedures, including in relation to an individual investor’s name, address and date of birth and for an investor that is a company, details of directors and beneficial shareholders of the company; and
(b) to the extent permitted by law, if APN FM forms the view (in its reasonable opinion), that it is required to disclose information in order to comply with the AML Legislation (including to a regulatory body, law enforcement agency, third party verification service or credit reporting agency), such disclosure will not be a breach of any obligation or duty APN FM owes to investors and APN FM will not incur any liability to any investor in respect to such disclosure.
14.6 You agree that you must not initiate, engage in or effect a transaction that may be in breach of Australian law or the law of another country including (but not limited to) the AML Legislation.
15.1 This Agreement is governed and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.