Terms & conditions of use
InvestSMART.com.au is brought to you by InvestSMART Financial Services Pty Ltd ACN 089 038 531 (InvestSMART), a wholly owned subsidiary of Fairfax Digital Limited ACN 066 325 782.
These terms and conditions, together with the Fairfax Digital Conditions of Use and any other additional terms, conditions, notices and disclaimers contained elsewhere on InvestSMART.com.au, form the terms and conditions of supply of material on, use of and access to InvestSMART.com.au.
InvestSMART is the holder of Australian Financial Services Licence no. 226435. InvestSMART is not licensed, registered or authorised to provide financial services in any jurisdictions other than Australia. You must therefore be a resident of Australia in order to access and use InvestSMART.com.au, and particularly to apply for any financial products through InvestSMART.
Financial Products and Disclosure Documents
Offers of financial products made available to you via InvestSMART.com.au, or that are otherwise made available to you by or on behalf of InvestSMART, will be embedded in or accompanied by a Product Disclosure Statement or Prospectus (Disclosure Document).
InvestSMART has not been involved in the preparation of, nor has it authorised or caused the issue of, any Disclosure Documents offered or made available to you via InvestSMART.com.au or otherwise by or on behalf of InvestSMART.
Except to the extent required by law, InvestSMART does not make any representations or warranties as to the delivery, accuracy, reliability, timeliness, completeness or suitability of any Disclosure Document. Such information has been compiled by the person or body corporate issuing the Disclosure Document and its advisers.
To the maximum extent permitted by law, InvestSMART and its related bodies corporate (and their respective directors, officers and employees) expressly disclaim, and you release them from, any and all liability resulting from the Disclosure Documents.
The information in any Disclosure Document is general information only. It is not intended as advice and must not be relied upon as such. The information does not take into account the investment objectives, financial situation or needs of any individual investor. You should make your own inquiries and if necessary take independent advice tailored to your specific circumstances before making any financial decisions.
None of the information in any Disclosure Document constitutes, and must not be construed as, an offer or recommendation of financial products by InvestSMART. Nor is it an invitation by InvestSMART to you to deal in financial products.
Applications to acquire any financial products pursuant to Disclosure Documents made available to you via InvestSMART.com.au, or otherwise by or on behalf of InvestSMART, can only be made using the application form either contained in or accompanying the complete and current Disclosure Document.
Financial products will be allocated at the discretion of the product issuer and the underwriter (if applicable) in accordance with the Corporations Act 2001 (Cwth) and the Disclosure Document. InvestSMART cannot guarantee that applicants will receive any allocation.
In addition to Disclosure Documents, financial product and other information is also provided or made available on InvestSMART.com.au, or in other communications sent to you by or on behalf of InvestSMART (Financial Information). Such Financial Information has generally been supplied to InvestSMART by third party content providers, and InvestSMART generally pays such third party content providers for use of the Financial Information.
InvestSMART has not independently verified the Financial Information. InvestSMART gives no assurances or guarantees that the Financial Information is accurate, complete or current. You should make your own investigations regarding the accuracy, reliability and completeness of the Financial Information.
All rights in the Financial Information remains vested in either InvestSMART or InvestSMART’s third party content provider, as the case may be. The Financial Information is subject to Australian copyright laws and no part of it may be copied, reproduced, stored, published, modified, transmitted or transferred by any process, electronic or otherwise, without the specific permission of InvestSMART or the relevant third party content provider.
Financial Information may be used by you for personal and non-commercial purposes only.
Financial Information is provided as general information only. It is not intended as advice and must not be relied upon as such. The information does not take into account the investment objectives, financial situation or needs of any individual investor. You should make your own inquiries and if necessary take independent advice tailored to your specific circumstances before making any financial decisions.
None of the Financial Information constitutes, and must not be construed as, an offer or recommendation of financial products by InvestSMART. Nor is it an invitation by InvestSMART to you to deal in financial products.
Except to the extent required by law, neither InvestSMART nor its third party content provider(s) make any representations or warranties as to the accuracy, reliability, timeliness, completeness or suitability of Financial Information.
To the maximum extent permitted by law, InvestSMART, its related bodies corporate and its third party content provider(s) (and their respective directors, officers and employees) expressly disclaim, and you release them from, any and all liability resulting from the Financial Information.
If a member makes an investment in an unlisted managed fund by submitting an application form bearing an InvestSMART broker stamp, InvestSMART will rebate back to that member 100% of any entry fees and sales commissions paid to InvestSMART by the relevant fund manager in relation to the investment. The rebate will be paid to the member as additional units in the relevant fund or, for entry fees or initial sales commissions that cannot be rebated as additional units, by cheque (less a $25 administration fee).
InvestSMART may receive a trailing commission from fund managers or product issuers in relation to investments in financial products made via an application form bearing an InvestSMART broker stamp. InvestSMART tracks and reports trailing commissions and provides cash back of 50% of the trailing commissions received by InvestSMART from participating fund managers greater than $300 per year per member. This is called our Trailcap program, please click here for more information.
InvestSMART may from time to time, in its absolute discretion, offer members the opportunity to participate in the TrailCap program on terms that differ from, or are in addition to, the terms outlined in the preceding paragraph.
InvestSMART will be solely responsible for calculating Trailcap rebates.
InvestSMART will not be obliged to pay any Trailcap rebate to a member unless and until the trailing commission has been received by InvestSMART.
InvestSMART may receive placement fees on IPO's. Fees received from IPO's are not rebated.
InvestSMART may receive a referral commission from third parties based on sales or subscriptions of reports and newsletters advertised or referred to on InvestSMART.com.au [or in newsletters sent to you by InvestSMART].
InvestSMART may also receive fees for advertising on InvestSMART.com.au or in newsletters sent to you by InvestSMART.
InvestSMART may have a financial interest in the outcome or success of financial products offered or made available to you via InvestSMART.com.au, or that are otherwise offered or made available to you by or on behalf of InvestSMART.
Suspension and Termination
You may terminate your membership of InvestSMART.com.au for any reason by:
- Removing yourself through the DIY unsubscribe facility located here;
- Sending an email to email@example.com (for general comments and enquires);
- Calling the following telephone number: 1300 880 160 (International Calls: +61 2 8596 4980); or
- Logging onto the site and removing or updating your personal details on the My Details page.
We reserve the right to, without limitation, do any or all of the following in relation to your membership:
- Suspend your membership;
- Terminate your membership for any reason by providing notice to you by email;
- Terminate your membership immediately without notice to you if you have committed a breach of these terms and conditions;
- Deactivate your membership if you have not used InvestSMART.com.au for a period of 6 months or more (from the date of last use); and/or
- Permanently or temporarily block your access to all or part of InvestSMART.com.au.
Limitation of Liability
You acknowledge that you use InvestSMART.com.au at your own risk.
You acknowledge that InvestSMART is not responsible for, and accepts no liability in relation to, your access to, use of and conduct in connection with InvestSMART.com.au.
You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your access to, use of or conduct in connection with InvestSMART.com.au, including any breach by you of these terms and conditions.
To the maximum extent permitted by law, InvestSMART (and its officers, employees agents, and related bodies corporate) exclude all representations and warranties which, but for these terms and conditions, might apply in relation to your access to, use of and conduct in connection with InvestSMART.com.au.
Without limiting the above, InvestSMART disclaims all liability for any loss, damage, cost or expense you may suffer or incur as a result of or arising from:
- Your reliance on any Disclosure Document or Financial Information; or
- Any application or investment that you make via InvestSMART.com.au.
To the extent that InvestSMART’s liability cannot be excluded by law, InvestSMART’s maximum liability to you will be limited to the total amount (if any) that InvestSMART has received, and which has not been or is not required to be rebated to you, in connection with your membership of InvestSMART.com.au (for example, any commissions that InvestSMART is entitled to as a result of investments made by you during the term of your membership).
In no circumstances will InvestSMART (or related bodies corporate) be liable to you for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
You must not access or use InvestSMART.com.au for any unlawful purpose.
You must not, except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of InvestSMART.com.au or cause any other person to do so.
InvestSMART may change these terms and conditions at any time. If that happens, an amended version of these terms and conditions will be posted on InvestSMART.com.au. You are responsible for ensuring that you regularly review these terms and conditions. Your continued use of InvestSMART.com.au after any changes are made to these terms and conditions will be deemed to constitute your acceptance of those changes. If you object to any changes, or otherwise become dissatisfied with your membership, your only remedy is to immediately:
- Discontinue your use of InvestSMART.com.au; and/or
- Terminate your membership in accordance with these terms and conditions.
InvestSMART reserves the right to change, suspend, or cancel (in whole or in part) any feature, content, information, materials, tools, services, pricing, incentives, or offers on InvestSMART.com.au at any time. If you are unhappy with a change, you are entitled to discontinue your use of InvestSMART or terminate your membership in accordance with these terms and conditions.
While InvestSMART will use reasonable endeavours to ensure that InvestSMART.com.au is available 24 hours a day, InvestSMART does not make any representations or warranties that your access will be uninterrupted or error free. Access to InvestSMART.com.au may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond InvestSMART’s control.
From time to time, InvestSMART.com.au may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of InvestSMART.com.au and are not under InvestSMART’s control. InvestSMART does not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave InvestSMART.com.au entirely at your own risk. From time to time, InvestSMART.com.au may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
When registering as a member of InvestSMART.com.au, you must provide us with accurate, complete and up-to-date information as requested. You must not register as a member multiple times. You must not impersonate or create a membership for any person other than yourself. It is your responsibility to inform us of any changes to your membership information. You may do this at any time by logging in to your account. InvestSMART may at any time request a form of identification to verify your identity and/or your compliance with the InvestSMART terms and conditions.
InvestSMART.com.au is for the personal use of individual members only. Businesses, groups, organizations and companies are prohibited from registering as members.
You are responsible for maintaining the confidentiality and security of your InvestSMART.com.au membership details. You are wholly responsible for all activities that occur under your member name and password. You agree to immediately notify InvestSMART of any unauthorised use of your member name or password.
You must not use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any content posted or transmitted on InvestSMART.com.au without the express written permission of InvestSMART. If you believe that any content has been posted or transmitted on InvestSMART in violation of your rights, please send us an email using the Contact us page.
No partnership, joint venture, employment, or agency relationship exists between you and InvestSMART.
If any provision of these terms and conditions is held to be invalid, the remainder of the terms and conditions shall continue in full force and effect.
These terms and conditions are governed by the laws of New South Wales, Australia. You submit to the jurisdiction of the Courts of New South Wales.