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Terms & Conditions

Operation of the site

This website (the Website) is operated by Trustees Australia Limited ABN 63 010 579 058 AFSL 260038  (referred to as TAL, we, us, or our).

Your access to the Website is subject to the Website Terms of Use, Privacy Policy, the notices, disclaimers, and any other terms and conditions or other statements issued or authorised by us that are contained on the Website (referred to collectively as the Terms). By using the Website you agree to be bound by the Terms in relation to your use of, and the performance of, the Website, and the information, services and material contained in or provided by it. We may change the Website Terms of Use at any time by publishing variations on the Website. We may also make operational changes to and alter the Services. We will notify you of any changes to the Website Terms of Use or to the Services by either placing a message on the login page of the Website, or by notifying you by email.

TAL provides information on products offered by it through the Cboe Securities Exchange. To deal in or acquire or sell any of these products, you will need to register with a suitable third-party securities broker or platform, including setting up an account in the name of the investing entity.

Definitions

  • Authorised Adviser means any financial advisers authorised by you in writing to act as your agent and apparently acting in accordance with the authority given to them by You to access the Services on your behalf.
  • Privacy Policy means the privacy policy as amended from time to time, which is located on the Website.
  • Representative/s has the same meaning as that term in section 910A of the Corporations Act 2001.
  • Services means the provision of comparative information about different financial products offered by TAL.
  • TAL, us or we mean Trustees Australia Limited ABN 63 010 579 058 AFSL 260038.
  • Terms or Terms of Use means the Website Terms of Use, the Privacy Policy and any notices, disclaimers and any other terms and conditions or other statements issued or authorised by us that are contained on the Website.
  • User means the Website user whether as an individual, or as several individuals, acting jointly and severally, or as a corporation, trust or other legal entity.
  • You or Yours means the User or any Authorised Adviser.
  • Website means this website at etb.com.au operated by TAL.
  • Website Terms of Use means these terms and conditions.

Use and access

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Website without notice. We will not be liable for any loss or damage if for any reason the Website is unavailable for any time or for any period. From time to time we may restrict access to some parts of the Website, or to the entire Website, to registered users or to their authorised advisers. You acknowledge that your Authorised Advisers act on your behalf and are not Representatives of TAL.

The Website is made available by TAL for the use only by Users and their respective Authorised Advisers in obtaining information directly related to the Services. You must not use this Website:

  • for commercial purposes (including for competitive advantage or to the competitive disadvantage of TAL);
  • in any manner that is inconsistent with the purpose for which the Website is provided;
  • in any manner which is in breach of any laws; or
  • in any other way which is not expressly permitted by these Terms of Use.

You are responsible for making all arrangements necessary to have access to the Website. You are also responsible for ensuring that the User and the Authorised Advisers are aware of these Terms of Use and that they comply with them. Without limiting the above, you will not permit a third party to:

  • use or access the Website or its content in a way that infringes the intellectual property rights or other rights of any person;
  • copy or disclose to any person, any content other than as expressly permitted by these Terms of Use;
  • use any method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the content;
  • use any method or process to consolidate or combine the content with any other content, data, information, images or material;
  • reverse engineer, disassemble or otherwise attempt to construct or identify this Website’s source code, formulas or processes;
  • use, access or retain any content in any manner or form whatsoever, unless expressly permitted by these Terms of Use;
  • use systematic, repetitive or any other methods, which are designed to obtain a large number of quotes, comparisons, rankings or other pricing and related information from this Website;
  • use, obtain or attempt to obtain from this Website, information to identify or discover pricing, underwriting, rating and related business methodology or systems;
  • do anything which will or may damage, disrupt access to or interfere with the proper operation of this Website;
  • do anything which will or may place an unreasonable load on the infrastructure of this Website;
  • post, distribute or send any ‘spamming material’ or any other form of bulk communication;
  • impersonate any person or entity;
  • publish or disseminate any material which is unlawful, defamatory, indecent, offensive or inappropriate;
  • use this website to harass, defame, abuse, threaten or otherwise offend others; or
  • transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of this website, its software or hardware.

Limitation of liability

This clause excludes or limits our legal liability for the Website. You should read it carefully. This clause applies only as far as the law permits, and we do not exclude or restrict our duties and liabilities to you under the Corporations Act 2001 or the Australian Securities and Investments Act 2001.

Whilst we have taken reasonable steps to ensure the accuracy, currency, availability, correctness, and completeness of the information contained on the Website, information is provided on an “as available” basis and we do not give or make any warranty or representation of any kind, whether express or implied. The use of the Website is at your sole risk. We shall not be liable for any loss or damage whatsoever and howsoever arising because of your use of or reliance on the information contained on the Website to the maximum extent permitted by law. We do not represent or warrant that the Website will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. We make no representations or warranties regarding the accuracy, functionality or performance of any third-party software that may be used in connection with the Website.

To the fullest extent permitted by law we, our representatives, agents and related entities hereby exclude all conditions, warranties and other terms which otherwise might be implied by statute, common law, or equity.

We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any product you obtain after using this Website or for any acts, omissions, errors or defaults of any Third-party provider in connection with that product. In addition, we will not be liable for any direct, indirect or consequential loss or damage incurred by you in connection with the Website or in connection with the use, inability to use, or results of the use of the Website and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time or any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this clause affects our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited by law. We will only accept liability where we have expressly agreed to do so via contract, or such liability is prescribed by statute. In such cases where the law imposes a liability, which cannot be excluded, to the fullest extent permitted by law, our liability will be limited at our option to the supply of Services again or the payment of the cost of having the Services supplied again.

Indemnity

You agree to indemnify, defend and hold us harmless, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of the Terms by you.

You also agree to indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third-party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right).

Information about you and your visits to the Website

In the course of your use of the Website, you may be asked to provide personal information to us (User Information). Our information collection and use policies with respect to such User Information are set forth in our Privacy Policy [link privacy policy], which is incorporated into the Terms by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information. The publication on the Website of any person’s contact details does not constitute implied or express consent by us or the person to receive unsolicited commercial electronic messages or SPAM.

Transactions concluded through the Website

Any transactions in relation to the products offered via the Website or as a result of visits made by you are governed by the Terms.

The services

You can find information about a number of products via the Website. You should not act, or refrain from acting solely on the basis of the information contained on the Website. The Website contains statements regarding the terms of the products, including features and inclusions. Some of these statements are generalised in order to give you a summary of the products. However, not all products are the same and you should confirm the exact terms of any product that you intend to purchase prior to purchasing that product by reading the Product Disclosure Statement and Target Market Determination for each product, as published on the Website. The product information supplied on the Website is available only to Australian tax residents.

The information and products contained on the Website do not constitute a solicitation, inducement, recommendation, opinion or suggestion to purchase or apply for any particular product. The presence of a product on the Website does not constitute an endorsement by us of the product. All product prices are quoted in Australian dollars.

General advice warning

To the extent that anything contained on the Website constitutes financial product advice, it is general advice only and does not take into account your personal circumstances, objectives, financial situation or needs. It is your responsibility to satisfy yourself that you wish to obtain any product before doing so. Products included on the Website may not suit your personal objectives, financial situation or needs. Please consider whether a product is appropriate for your circumstances, before making a decision to purchase or apply for any product. If you are considering acquiring any financial product you should obtain and read the relevant Product Disclosure Statement or other offer document, and Target Market Determination prior to making an investment decision.

Viruses, hacking and other offences

You must not misuse the Website by knowingly introducing viruses, trojans, worms, bots, logic bombs or other malicious software. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under the Commonwealth Criminal Code Act 1995 and equivalent state-based legislation. We may report any such breach to relevant law enforcement authorities and may co-operate with those authorities by disclosing your personal information to them. In the event of such a breach, your right to use our Website will cease immediately.

You should not use public Internet connections (wireless or wired) to access your account via the Website. It is your responsibility to ensure you have up-to-date and effective anti-virus and anti-malware software on your phone, tablet, computer, server, network infrastructure or any other device through which you transact with us. If you believe any device through which you transact with us has been infected by a virus, trojan, worm, logic bomb, bot or any other malicious software, you must notify us immediately by calling us on 1300 784 132.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other malicious software that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

We shall not be liable for any loss or damage suffered by you as a result of using public network connections, failing to have up-to-date and effective anti-virus and anti-malware software or failing to notify us that your device has been infected by any type of malicious software.

We reserve the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Linking to the Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement by us where none exists. If you wish to make any use of material on the Website other than that set out above, please address your request to [email protected].

Links from the Website

Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction

The law applicable to the use of the Website and to these Terms of Use is the law of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts in that State in relation to any matters arising under these Terms of Use or in relation to the Website.

Security statement and precautions

We are committed to a number of security controls to ensure the integrity and security of data. These include data and document encryption, password hashing, session time-outs, account locking protocols for login failures and regular security audits. Below are some simple actions you can take to protect your information and increase your own security when transacting online. This list should not be regarded as exhaustive and is provided for information purposes only:

  • Never accept links or redirections from other websites or emails.
  • Be wary of using public or Internet Cafe computers to access or perform financial transactions.
  • Always check for a locked padlock symbol at the bottom right corner of your browser, as this indicates it is secure to use.
  • Treat all login and password details as confidential, and do not disclose them to any third party. Ensure you do not record or save passwords on your computer.
  • Disable or switch off the option on your browser for retaining user names and passwords.
  • For your security, passwords should:
  • not contain your name, date of birth, telephone number or address;
  • not be disclosed to anyone else, not even family members or friends;
  • not be stored in your computer’s programmable function keys;
  • be easy to memorise but difficult to guess;
  • be kept secret and changed regularly.
  • Always use the latest antivirus, anti-spyware and firewall software to maintain security.

Trademarks

TAL is the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Website, unless otherwise indicated. All information, text, material, graphics, software and advertisements on the Website are our copyright and that of our suppliers and licensors unless expressly indicated otherwise by us. Except as provided in the Terms, use of the Website does not grant you any right, title, interest or license to any such intellectual property you may access on the Website. We own the rights, or have permission to use, the trademarks listed on our Website. You must not alter any material from the Website. In particular no one may use a part of the Website on any other website or link any other website to our Website other than in accordance with the Terms of Use, without our prior written permission. We may authorise you to use content on our Website if you contact us and we agree in writing.

Termination

These Terms are effective until terminated by us. If any provision of the Website Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.