In these Terms & Conditions of Use (these “Terms”), references to “you” and “your” are references to any person using or accessing (or attempting to use or access)
www.wealthofnations.com.au (this “Website”).
1. About Wealth of Nations Advisors Pty Ltd
This Website is operated by Wealth of Nations Advisors Pty Ltd (“WoNA”) and the information on this Website is issued by WoNA both inside and outside Australia. WoNA is a limited liability company with its head office at 101 William Street, Darlinghurst, Sydney, NSW 2010, Australia. WoNA is authorised and regulated in Australia by the Australian Securities and Investments Commission (“ASIC”) and appears on the ASIC Register with company number 167 678 159 and Australian Financial Services Licence number 452804.
2. About this Website
The distribution of the information contained on this Website in certain jurisdictions may be restricted by law and persons who access it are required to inform themselves of, and to comply with, any such restrictions.
This Website, and the information contained on it, is directed only at persons in any jurisdiction or country where such access to, and use of, the information contained on this Website is not contrary to local law or regulation. Any Funds which may be referred to on this Website are not available, and prospectuses, information memoranda and other offering materials in respect of them will not be distributed, to any person resident in the territory of any jurisdiction where such distribution would be contrary to local law or regulation. Distribution in Australia is restricted to a ‘wholesale client’ as defined in section 761G of the Corporations Act 2001 (Cth).
The information on this Website does not constitute an offer or solicitation in any jurisdiction in which such an offer or solicitation is not authorised or to any person to whom it is unlawful to make such an offer or solicitation. All persons accessing this Website do so of their own initiative. Prospective wholesale investors in any Funds should inform themselves as to applicable legal and regulatory requirements (including in relation to exchange controls and taxation) in the countries of their citizenship, residence or domicile. WoNA and its partners disclaim all responsibility if you access or download any information from this Website in breach of any law or regulation of the jurisdiction or country of which you are a citizen or in which you are residing or domiciled.
The terms of investment in any Fund are governed by the documents establishing such terms. In the event of any inconsistency between the information on this Website and the terms specified in, or established pursuant to, the documents establishing the terms of issue or contract, the terms so specified or determined shall prevail. An application for shares or interests in any of the Funds should only be made having read fully the relevant prospectus, information memorandum and other offering information for the relevant Fund. It is your responsibility to use such documentation and by making an application you will be deemed to represent that you have read such applicable documentation and agree to be bound by its contents.
3. Accuracy of Information
The information contained on this Website (including any expression of opinion or forecast) has been obtained from, or is based on, sources believed by WoNA to be reliable, but is not guaranteed or warranted as to its current validity, accuracy or completeness. Such information is provided without obligation on the part of WoNA, its partners or employees, and on the understanding that any person who acts upon it or changes his investment position in reliance on it does so entirely at his own risk. The information contained on this Website does not constitute an offer to buy or sell or an invitation to make an offer to buy or sell shares in any investment.
Opinions expressed represent the opinions of WoNA at the date of publication only, reflecting prevailing market conditions and certain assumptions (which may not prove to be valid), and are subject to change.
Information posted on this Website is current only as at the date it is first posted and may no longer be true or complete when viewed by you. All information contained on this Website may be changed or amended without prior notice.
4. Material Interests
WoNA, its partners and/or its employees may have holdings in the Funds and may otherwise be interested in transactions that you effect in those Funds.
5. No Advice
This Website is published solely for informational purposes on the basis that you make your own investment decisions. This Website has no regard to the specific investment objectives, financial situation or particular needs of any person.
The information contained on this Website is not intended to constitute, and should not be construed as, a personal recommendation or investment advice.
Potential investors in any Funds highlighted or mentioned on this Website should seek their own independent financial advice.
6. Risk Factors
Investments into Funds or any other investments that may be referred to on this Website involve risk. The value of investments and the income deriving from them may go down as well as up. You may not get back the original amount invested and may lose all of your investment. Past performance is not a reliable indicator of future results.
To the extent that this Website contains any indications as to future performance, such forecasts are not a reliable indicator of future performance.
Exchange rates may cause the value of overseas investments and the income deriving from them to rise and fall. Tax assumptions may change if the law changes and the tax treatment applicable to you will depend on your individual circumstances and may be subject to change in the future. You should consult your own tax adviser in order to understand the tax consequences of an investment in a Fund.
The risk factors set out above are not complete and you must refer to the relevant offering documents with respect to the risks attaching to any investment in any Funds or other investments.
7. Your Use of this Website
You must NOT use this Website (or permit or procure others to use it) as follows:
7.1 if you are a retail client for the purposes of the Corporations Act 2001 (Cth) as defined in section 761G and/or it is otherwise unlawful for you to access the information on this Website;
7.2 for any unlawful, improper or illegal purpose or activity;
7.3 to communicate or receive information that is obscene, indecent, pornographic, sadistic, cruel, or racist in content, of a sexually explicit or graphic nature, which promotes or incites discrimination, hatred or racism or which might be legally actionable for any reason;
7.4 in a manner intended to threaten, harass, or intimidate;
7.5 to violate WoNA’s or any third party’s copyright, trademark, proprietary or other intellectual property rights;
7.6 to impersonate any of WoNA’s partners, employees or other person or use a false name while using this Website or implying an association with WoNA;
7.7 to penetrate WoNA’s security measures or other entities’ systems (“hacking”);
7.8 to generate excessive amounts of internet traffic, to interfere with WoNA’s network or other’s use of this Website or to engage in activities designed to or having the effect of degrading or denying service to users of this Website or others; and/or
7.9 to introduce viruses, worms, harmful codes and/or Trojan horses onto the internet or into this Website or any other entity’s systems and it is your responsibility to ensure that whatever you download or select for your use from this Website is free from such items.
When using this Website, you must comply with all applicable local, national and international laws and regulations, including those related to data privacy, international communications and exportation of technical or personal data. It may be illegal to download the information contained on this Website in certain countries and WoNA, its partners, employees, associates and affiliates disclaim all responsibility if you download any information from this Website in breach of any law or regulation of the country in which you reside.
8. Use of Government Identifiers
WoNA will not use identifiers assigned by the Government, such as a tax file number, Medicare number or passport number, for our own file recording purposes, unless one of the exemptions in the Privacy Act applies.
9. Intellectual Property Rights
The entire contents of this Website are subject to copyright with all rights reserved. You may download or print individual sections of this Website for your personal use and information only provided that you retain all copyright and other proprietary notices. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose this Website without the prior written permission of WoNA. You must not transmit any virus, “worm”, “Trojan horse” or other item of a destructive nature to this Website and it is your responsibility to ensure that whatever you download or select for your use from this Website is free from such items
Nothing on this Website should be construed as granting any licence or right in relation to any of the trademarks of WoNA or those of its associates or affiliates or any third party.
10. Our Policy on Website Linking
This Website may be linked to third party websites or contain information provided by third parties. Neither WoNA nor its partners or employees make any representation as to the accuracy or completeness of such websites or information. WoNA has not and will not review or update such websites or information and cautions you that any use made of such websites or information is at your own risk. WoNA and its partners and employees do not accept any liability arising out of the information contained on any linked website or information on this Website provided by a third party and the use of such sites and information is at your own risk.
11. Links and Advertising
Wealth of Nations may include advertisements, hyperlinks and pointers to web sites operated by third parties. Those third party websites do not form part of the Wealth of Nations website and are not under the control of or the responsibility of Wealth of Nations. When you link to those web sites you leave our website and do so entirely at your own risk. A display of advertising does not imply an endorsement or recommendation by Wealth of Nations or its related entities.
12. Liability for Use of this Website
Access to this Website is permitted on a temporary basis and WoNA reserves the right to withdraw or amend the service provided on this Website without notice. WoNA and its partners and employees do not accept any liability if, for any reason, this Website is unavailable at any time or for any period.
No representation, warranty or undertaking is given as to the accuracy or completeness of the information contained on this Website by WoNA, its partners, employees or any of its associates or affiliates and no liability is accepted by such persons for the accuracy or completeness of such information. In no event will WoNA, its partners, employees or any of its associates or affiliates be liable to any person (including, for the avoidance of doubt, persons who are accessing this Website in compliance with these Terms and those who are not, as well as any persons who may be informed of the contents of this Website) for any direct, indirect, special or consequential damages arising out of any use of the information contained on this Website, or on any other hyper-linked site, including, without limitation, any lost profits, business interruption, loss of programs or data on your equipment, or otherwise, even if WoNA is expressly advised of the possibility or likelihood of such damages.
The information, except as otherwise stated, on this Website has been prepared, approved and issued by WoNA and the information and opinions contained on this Website have been compiled, or arrived at, in good faith and on the basis of publicly available information, internally developed data and sources believed to be reliable as at the date of publication. However, to the extent permitted by law, WoNA, its partners, employees, associates and affiliates hereby expressly exclude all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity and any liability for any direct, indirect or consequential loss or damage of any kind incurred by any user in connection with this Website or in reliance on the information or opinions contained on it, or in connection with the use, inability to use, or results of the use of this Website or any websites linked to it or materials posted on it. This does not affect the liability of any person for any loss or damage which cannot be excluded or limited under applicable law.
The internet is not a completely reliable transmission medium and neither WoNA, its partners, employees or any of its affiliates or associates accepts any liability for any data transmission errors such as data loss or damage or alteration of any kind or for the security or confidentiality of information transmitted across the internet to or from WoNA or any of its associates or affiliates. Any such transmission of information is entirely at your own risk. Nothing in these Terms is intended to exclude or restrict any duty or liability that WoNA has to its customers under the regulatory system in Australia or which may not be excluded or restricted as a matter of applicable law.
WoNA takes the privacy of any personal information you may provide to it through this Website seriously. A “cookie” is a piece of information that is saved to your computer’s hard disk by the web server. Cookies do not contain any personal information about you and cannot be used to identify any individual user. Confirmation of reading and accepting these Terms will place a cookie on your computer’s hard disk. This will facilitate your navigation of this Website by not showing these Terms again during this browser session. It will also allow WoNA to record your visit and may be used to evaluate users’ use of this Website and to compile statistical reports on Website activity for WoNA. This cookie will remain on your computer unless it is removed or you set your browser not to accept cookies, however, if you do this, you may not be able to use the full range of services available on this Website. To find out more about cookies, including how to control and delete them visit www.aboutcookies.org.
14. Data Protection and Privacy
WoNA is bound by the Australian Privacy Principles (‘APPs’) and the Privacy Act 1988 (Cth) (‘Privacy Act’). WoNA collects certain personal information about you such as your name, address, telephone number, email address details and other information when it is voluntarily submitted to WoNA on this Website, or sent to us via other correspondence.
WoNA may use personal information for the purpose of assisting existing and potential clients with queries; conducting internal audits of our systems; and when dealing with complaints or legal matters involving WoNA.
WoNA also uses this information to ensure compliance with relevant laws and regulations, including the Corporations Act 2001 and Anti-Money Laundering and Counter-Terrorism Financing Act 2006.
If WoNA collects sensitive information about you, we will take reasonable steps to de-identify the information where possible. We will also take reasonable steps to delete personal information about you when the information is no longer needed or required to be kept by law.
Please note that by submitting personal information you are consenting to such information being processed for the purposes referred to above. You also agree that WoNA may disclose your personal information to other entities inside or outside Australia in the course of providing services and has the right to store such data on its internal systems. You should be aware that the level of protection in relation to the processing of personal data may not be the same in countries outside Australia.
We will not send personal information to entities outside of Australia unless you have consented to the disclosure and we have taken reasonable steps to ensure that the recipient does not breach the Privacy Act, or the APPs, or that the recipient is subject to a privacy scheme similar to the Privacy Act.
WoNA may be authorised or obliged to disclose information by law for example, when we are served with a court order. WoNA may also be required by an enforcement body, a government agency or regulator to produce information and records, for example, pursuant to taxation or social security laws.
WoNA is committed to keeping secure the personal information you provide to us. Our security measures include but are not limited to restricting access to our computer systems and physical records to authorised persons, requiring employees to use unique passwords to gain access to systems; and providing secure storage for physical records.
You can lodge a complaint to WoNA about the treatment or handling of your personal information by contacting the engage@WealthofNations.com.au. If you are not satisfied with the result of your complaint you can also refer your complaint to the Office of the Australian Information Commissioner:
T 1300 363 992
M Director of Complaints, Office of the Australian Information Commissioner, GPO Box 5218, Sydney NSW 2001, Australia.
16. Law and Variation
This Website is established in the State of Victoria, Australia by WoNA in accordance with, and these Terms and any non-contractual obligations arising from or connected with them shall be governed by, Australian law and these Terms shall be construed in accordance with Australian law. A condition of using this Website is that in the event of any dispute or proceeding you irrevocably submit to the exclusive jurisdiction of the Australian Courts and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
WoNA may revise these Terms at any time and the current version of these Terms may be viewed at any time through the Website. You are expected to review these Terms from time to time to take notice of any changes WoNA makes, as they are binding on you. If any provision of these Terms is held by any court or competent authority to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms in that jurisdiction shall not be affected and the legality, validity and enforceability of the whole of these Terms in any other jurisdictions shall not be affected.
Each time you use this Website, a condition of use is that you comply with these Terms.
17. Contacting Us
You can contact Wealth of Nations Advisors Pty Ltd as follows:
A Level 2, 98 Riley Street, Darlinghurst, Sydney NSW 2010, Australia
T +61 (0)2 8011 4496
For more information about privacy in general, you can visit the Federal Privacy Commissioner’s website:
© 2015 Wealth of Nations Advisors Pty Ltd.