Terms & conditions of use
Please read the following terms and conditions relating to access of InvestSMART.com.au and related membership services. By accessing and using InvestSMART.com.au, the customer acknowledges that he or she has read, understood and agrees to be bound by the terms and conditions.
InvestSMART.com.au is brought to you by InvestSMART Financial Services Pty Ltd ACN 089 038 531 (InvestSMART), a wholly owned subsidiary of InvestSMART Group Limited (ACN 111 772 359).
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).
Unless otherwise specifically stated or disclosed (such as the InvestSMART Diversified Portfolios Product Disclosure Statement), 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.
Unless otherwise specifically stated or disclosed (such as the InvestSMART Diversified Portfolios Product Disclosure Statement), 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.
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 only from participating fund managers, and if greater than $300 per year per member. This is called our Trailcap program, please click here for more information.
Managed funds held with the following managers may be eligible for the benefits of TrailCap...
- Advance Asset Management Limited
- AMP Capital Investors Limited
- AMP Life Limited
- Australian Unity Funds Management Ltd
- AXA-National Mutual Funds Management Ltd
- BlackRock Investment Mgmt (AUS) Ltd
- BT Funds Management Ltd
- Colonial First State Investments Limited
- Fidante Partners Limited
- Hunter Hall Investment Management Ltd
- Macquarie Investment Management Limited
- Man Investments Australia Ltd
- MLC Investments Limited
- MLC Limited
- OnePath Funds Management Limited
- Perpetual Investment Management Ltd
Life insurance, Income protection or Trauma cover (TDP) held with the following insurance companies may be eligible for the benefits of TrailCap...
- AIA Insurance
- TAL Insurance
- Zurich Insurance
The TrailCap program is only applicable to those funds managers or life insurance companies listed above. It does not apply to any wholesale managed funds, or managed funds or insurance companies/policies which do not pay InvestSMART a trailing commission.
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.
Subject to the Future of Financial Advice (FOFA) reforms, members may be required to sign "opt-in" agreements, that acknowledges that InvestSMART is entitled to receive the trail commission from the fund manager or product issuer. If you do not sign the "opt-in" agreements, you will not be entitled to any Trailcap rebate.
InvestSMART will not be obliged to pay any Trailcap rebate to a member unless and until the trailing commission has been received by InvestSMART and the member has provided InvestSMART with current bank account details so that any Trailcap rebate may be directly deposited into the member’s nominated account.
It is the responsibility of the member to ensure InvestSMART holds the member’s current bank account details. If at the time InvestSMART is due to pay any Trailcap rebate to the member, the member’s account details are not current, InvestSMART may retain the trailing commission and is not obliged to pay the member any Trailcap rebate entitlement.
InvestSMART may receive initial commissions on managed funds and other products or placement fees on IPO's. These fees received are not rebated and we do not rebate any commission or entry fee which is paid to, and received by, us by the provider of your financial products.
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 8305 6000); or
- Logging onto the site and removing or updating your personal details on the My Details or My Alerts 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 agree that in using the InvestSMART website, you will not, either directly, or indirectly through another party, use any robot, spider, screen scraper, data aggregation tool or other device or process to process, monitor, copy or extract any web pages on the Website, or any of the information, content or data contained within or accessible through the Website, without our prior written permission. You also agree not to use any process to aggregate or combine information, content or data contained within or accessible through the Website with information, content or data accessible via or sourced from any third party. In addition You agree not to use any information on or accessed through the Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain. You also agree not to reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Website, or copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from the Website without our prior written permission.
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.
Unless indicated otherwise, all subscription and service pricing across InvestSMART Group Limited’s websites and related products, is in Australian dollars (AUD).
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.
Financial Services Guide
In accessing the InvestSMART website you acknowledge you have been given the opportunity to receive, download and ask questions about the InvestSmart Financial Services Guide.
If you are new to InvestSMART Plus you are able to request a trial subscription. The trial is designed for you to try our services to help you decide if a full subscription is suitable for you. Please note that the trial may be restricted in duration and scope, so you may not have full access to all services. There is no obligation to subscribe to InvestSMART Plus at the end of your trial. We only permit one trial subscription per person/household every 12 months. Final approval for the trial is at our discretion.
When subscribing, you will need to provide us with your name, email address and billing address, as well as your credit card information. You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. In the event that any information you provide is inaccurate or not up-to-date, InvestSMART reserves the right to cancel your subscription.
We will charge the credit card you provided during the sign-up process. You agree to pay the applicable subscription fee as set forth on this site. InvestSMART reserves the right to increase a Service's fees or institute new charges upon reasonable notice. Service fees are due in advance. You may cancel your membership at any time by contacting our customer support team on 1300 880 160.
At the end of your subscription period your credit card will be charged for a renewal term of one month. Your subscription will continue to automatically renew each month and your credit card will be charged accordingly. You can opt-out of this service at any time during your membership, by calling our customer service team on 1300 880 160.
Past performance is not a reliable indicator of future results. Many of the recommendations and market views within our subscription products are provided by The Intelligent Investor or the Eureka Report. Performance figures are hypothetical and based on recommendations from The Intelligent Investor using stock prices at the date of publication. Brokerage costs have not been included. As stocks rise and fall, returns may be negative. We encourage you to think of investing as a long-term pursuit. Performance figures are not intended to be a forecast. InvestSMART, The Intelligent Investor, the Eureka Report nor any of its associates guarantee the performance of or returns on any investment.
Employees and/or associates of InvestSMART Group Ltd may hold one or more of the stocks reviewed on this website.. These holdings should not be seen as a recommendation. Employees and/or associates must adhere to our Staff Trading Policy.
InvestSMART offers a 100% money back guarantee on annual subscriptions within 30 days of taking out a membership. A money back guarantee does not apply to monthly subscriptions.