Terms & Conditions of Use
Acceptance of Terms and Conditions
By accessing the Investor Centre, you agree to the following terms and conditions that apply to your use of the Investor Centre:
Authority to register security holder and amend security holder details
- You warrant that you are either the security holder, one of the joint security holders or a duly authorised officer, representative or attorney of the security holder and that you have the authority to register the security holder and their portfolio with the Investor Centre and/or access the security holder’s details through the Investor Centre.
- If you add to, alter, amend or delete any of the security holder’s details contained in the Investor Centre, you warrant that you have the authority of the security holder to do so.
- If your authority is under a power of attorney, you warrant that the relevant power of attorney or a certified copy of it has been previously noted by Link Market Services Limited.
Security of Login Details
- You agree that you are responsible for the security of your login details and that you will keep your login details confidential.
- You agree that the login details constitute your signature for the purpose of approving any amendments to your security holder details in the Investor Centre.
- You agree that you are providing consent for your essential user account information to be shared with and used by any Link Group entity and/or third-party organisations in Australia or overseas in order for Link Group to provide you with services in relation to your account and to administer your portfolio in accordance with the Link Group Privacy Policy.
Acknowledgement of no financial advice or offer of securities
- The Investor Centre does not contain investment advice and you should consult an independent legal, financial or other adviser to help form your own opinion on any investment decision. You should also consult appropriate professional advisers about any legal, stamp duty, taxation and accounting implications of your investments or any changes you make to your security holder details in the Investor Centre.
- No statement in this Investor Centre constitutes a recommendation, offer or invitation to invest in any investments, securities or financial products of any party.
Content and use of Investor Centre
- The Investor Centre contains a summary of information collected from third parties or that information provided by you or your authorised representative(s). Link Market Services makes no representation or warranty as to the accuracy or reliability of the information in the Investor Centre.
- In submitting information to the Investor Centre you agree to the use of that information by Link Market Services Limited in accordance with Link’s Privacy Policy and where necessary, the transfer of the information to the relevant issuer or broker or to the extent required by law, to any government department or authority or law enforcement agency.
- The Investor Centre may contain links to web sites controlled by third parties. Link Market Services Limited does not endorse the content of any third-party web sites and disclaims any liability for any information, materials, products or services posted or offered on those web sites.
- The information contained in the Investor Centre is for your personal use and may not be on-sold. You may not distribute any information in the Investor Centre other than to your professional advisers for the purpose of obtaining advice in relation to your security holdings. You may print or retain electronic copies of information contained within the Investor Centre to that extent necessary to maintain your own investment and taxation records.
- You must ensure that your access to the Investor Centre is not illegal or prohibited by laws which apply to you including the jurisdiction to which you reside. You must take your own precautions to ensure that the process which you employ for accessing the Investor Centre does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Link Market Services Limited does not accept responsibility for any interference or damage to a computer system which arises in connection with your use of this web site or any linked web site, nor does Link accept responsibility for any losses you may incur arising from your use of the internet or any Wi-Fi network whether secured or unsecured, personal or private.
- Unless indicated otherwise or requested, all amounts quoted in the Investor Centre are in Australian dollars.
Copyright and Trademarks
- Copyright in this web site (including text, graphics, logos, icons, sound recordings and software, other than issuer’s trademarks or publications) is owned or licensed by Link Market Services Limited (ABN 54 083 214 537). Other than as expressly provided for in these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Investor Centre or its software; or
- commercialise any information, products, software or services obtained from any part of the Investor Centre without our express written permission.
- you must not attempt to access the software or computer systems supporting the Investor Centre.
- Nothing displayed in the Investor Centre should be interpreted as granting you any right to use or distribute any names, logos, trademarks or service marks.
Privacy Policy
- Nothing in these terms and conditions varies or amends Link’s Privacy Policy available in the Investor Centre.
Security of Information
- Link Market Services Limited does not warrant and cannot ensure the security of any information which you transmit to the Investor Centre. Any information which you transmit is transmitted at your own risk. Once your transmission is received, the information it contains will be recorded and maintained in accordance with Link’s Privacy Policy.
Amendment and Termination
- Link Market Services Limited may, in its sole discretion, amend these terms and conditions from time to time. Amendments will be effective immediately upon their publication in the Investor Centre. Your use of the Investor Centre or continuation of your registration with the Investor Centre following the publication will constitute an agreement by you to be bound by the terms and conditions, as amended.
- Your access to the Investor Centre may be terminated at any time by Link Market Services Limited, or by you. These terms and conditions continue to apply despite termination of your access to the Investor Centre.
- You may delete your Investor Centre Portfolio by contacting us from the ‘Contact Us’ section of Investor Centre, by phone to 1300 554 474 (Monday-Friday 8.30am-8.00pm, Sydney time) or by email to registrars@linkmarketservices.com.au.
- Link Market Services Limited may delete inactive or empty Portfolios at any time. We note that any deletion will not change or amend your underlying security holdings.
- Link Market Services Limited will be entitled to end your use of the Investor Centre immediately in respect of any security included in your Portfolio which you hold jointly with others, if any joint holder objects to that holding being included in your Portfolio.
Disclaimer and Limitation of Liability
- Except for warranties that cannot be excluded by law, no warranty either express or implied is given by Link Market Services Limited in respect to the Investor Centre or any service provided in the Investor Centre.
- To the extent permitted by law, in no event will Link Market Services Limited be liable for any loss or damages, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with the Investor Centre or your use of or inability to use the Investor Centre, including without limitation any errors or omissions in information in the Investor Centre, any delays or errors in the processing of information you submit to the Investor Centre or from computer viruses, even if Link Market Services Limited is advised of the possibility of, or could reasonably expect, such damages, losses or expenses. To the extent permitted by law, any liability under any condition or warranty that cannot be excluded is limited at Link Market Services Limited’s option, to the re-supply of the services or payment for the same to a client of Link Market Services Limited.
Indemnity
- You indemnify Link Market Services Limited and its directors, officers, employees and contractors from any loss or damages including without limitation direct or indirect, special, incidental or consequential damages and legal costs on a full indemnity basis arising from your breach of these terms and conditions.
Governing Law
- These terms and conditions are governed by the laws in force in New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the Courts of New South Wales.
Link Market Services Limited includes its related bodies corporate as defined under the Corporations Act 2001(Cth).