Terms and Conditions
Internet Website Providers
This Internet website and information and services referred to in the
Website (collectively, the "website") are directed to and available for
Australian residents. The website is made available in Australia through UP Funds Management ("UP Funds Management ").
This website also contains certain
material in relation to the Financial Products and services available in
Australia of related entities of UP Funds Management.
Web Content & Materials
The information on this website is for information purposes only. It is
believed to be reliable, but UP Funds Management does not warrant its completeness,
timeliness or accuracy. The information and materials contained in this website
– and the terms and conditions of the access to and use of such information and
materials – are subject to change without notice.
This upfundsau.com
website may contain separate terms and conditions, which are in addition to
these terms and conditions. In the event of a conflict, the additional terms and
conditions will govern for the relevant sections or pages. In addition, certain
portions or pages of this website are subject to additional disclosures and
disclaimers. In the event of a conflict between those disclosures and
disclaimers and these terms and conditions, the additional disclosures and
disclaimers will govern those portions or pages.
You agree that: (i) you
will not engage in any activities related to the website that are contrary to
applicable law, regulation or the terms of any agreements you have with UP Funds Management and (ii) in circumstances where locations of the Website require
identification for access, you will establish commercially reasonable security
procedures and controls to limit access to your password or other identifying
information to authorised individuals.
UP Funds Management or their suppliers may
discontinue or make changes in the information, products, or services described
herein at any time without prior notice to you and without any liability to you.
UP Funds Management reserves the right to terminate any or all Website information,
offerings or transmissions without prior notice to the user.
Confidentiality & Privacy
UP Funds Management shall use reasonable precautions to maintain the confidentiality of
the information you have provided to UP Funds Management and any information you have
created, input or developed in connection with your use of the website, but because
such information can be accessed through the Internet, you hereby acknowledge and
agree that there can be no assurance that the information, or any information
provided to you through the website, or any communication through email, will remain
secure. In addition, UP Funds Management may disclose such information to its employees,
representatives, officers, agents, and affiliates, as well as a government entity,
or any third party agent or service provider: (a) for any purposes related to the
conduct of UP Funds Management's business or to the offering, providing or maintaining of
the website, (b) to comply with applicable rules, orders, subpoenas or other legal
processes or as required by Australian Stock Exchange Limited, or in order to give
information to any government agency or official requesting such information, or (c)
for any other legitimate business purpose.
You acknowledge that UP Funds Management
may disclose and transfer any information that you provide through this website to:
(i) any company within the UP Funds management, its affiliates, agents or information
providers; (ii) any other person or entity with your consent; or (iii) if we have a
right or duty to disclose or are permitted or compelled to so disclose such
information by law.
You consent to the transmission, transfer or processing
of such information to, or through, any country in the world, as we deem necessary
or appropriate, and by using and providing information through this website you
agree to such transfers.
Use of this website may be monitored, tracked and
recorded. Anyone using this website expressly consents to such monitoring, tracking
and recording.
Financial Product Information & Disclosure
This website has been prepared for and is given for general information only. As
general information, there is no consideration or evaluation of the investment
objectives or financial situation of any particular person. All investors should make
their own evaluation of the merits and suitability of any financial products and/or
advice or seek specific personal advice as to the appropriateness of engaging in any
activity referred to in this website in light of their own particular financial
circumstances and objectives.
The website does not amount to a representation
that the investment services and products will be made available to you.
Nothing
in the website constitutes an offer, a solicitation of an offer or a recommendation to
buy or sell any Financial Product which may be referenced in the website, except where
an offer is explicitly made through the availability of a prospectus, product disclosure
statement or other formal offer or disclosure document on the website. Such offers can
only be made where lawful under applicable law.
Any price indications or market
quotations are provided solely for your information. Such prices, bids or quotations are
not firm bids or offers either as to price or size and may not reflect current prices,
due to delays in transmission or otherwise. Nothing in the website shall form the basis
of or be relied on in connection with any contract or commitment whatsoever and the
prices quoted may differ from the price at which a person may buy or sell the particular
Financial Product.
You should also read our Financial Services Guide (“FSG”)
which provides you with information about us and the services we provide. You can access
the FSG under 'Forms' in our footer.
UP Funds Management receives commission from dealing
in financial products and its representatives, authorised representatives or introducers
may directly share in this commission. UP Funds Management and its associates may hold shares in
the companies recommended. UP Funds Management may receive a handling fee/underwriting fee from
an issuer in relation to subscription for shares in new issues. Other arrangements made
by your adviser with regard to investment products, trusts or accounts may result in a
fee being paid by the issuing institution.
Access to Research
While the website might include summary material derived from research reports published by the UP Funds Management Research Department, it does not constitute a research report, and any reference to a research report or research recommendation is not intended to represent the whole report and is not in itself considered a recommendation or research report. Users are directed to the original research report or note, available from among other sources your adviser or our on-line research which is available once you have logged-in, to review the Research Analyst's full analysis of the subject company.
Availability of Internet Website
By offering this website and information, products, or services via the Website, no distribution or solicitation is made by UP Funds Management to any person to use the website or such information, products, or services in jurisdictions where the provision of the website and such information, products, services is prohibited by law.
Potential Disruption of Service
Access to the website may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- Hardware failure, including among other things failures of computers (including own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment
- Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content
- Overload of system capacities
- Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, acts of God, accidents, fire, water damage, explosions, mechanical breakdown or natural disasters
- Interruption (whether partial or total) of power supplies or other utilities of service
- Strike or other stoppage (whether partial or total) of labour
- Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention, or
- Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of UP Funds Management.
If access to the website is unavailable, delayed or limited, or if this Website does not operate quickly or efficiently, you may be unable to transmit your instructions, transactions and other matters, or such instructions may not be promptly executed or you may be unable to retrieve information on a timely basis. Accordingly, you agree that you will not use the Website or Email for the communication of any instructions to UP Funds Management that are critical or time sensitive. UP Funds Management will not be required to act upon any such types of instructions and will not be liable for any actions taken or omissions to act as a result of any communication from the website or E-mail message you send to UP Funds Management. If your operations depend on such communications with UP Funds Management, and such communications are disrupted or delayed, you may suffer losses.
You agree to be solely responsible for the installation, operation and maintenance of the hardware and software necessary to access the website.
Limitation of Liability
Because of the possibility of human and mechanical error as well as other factors, the Website
(including all information and materials contained on the website) is provided 'as is' 'as
available'.
UP Funds Management and third party data providers are not providing any warranties and
representations regarding this website. UP Funds Management and third party data providers disclaim all
warranties and representations of any kind with regard to the website, including any implied warranties
of merchantability, non-infringement of third party rights, freedom from viruses or other harmful code,
or fitness for a particular purpose. UP Funds Management and third party data providers do not warrant the
accuracy, adequacy, or completeness of the information and materials contained on the Website and
expressly disclaim liability for errors or omissions in the materials and information.
Furthermore,
UP Funds Management and its affiliates will not be liable for any delay, difficulty in use, computer viruses,
malicious code or other defect in this website any incompatibility between the website and the user's
files and the user's browser or other website accessing program, or any other problems experienced by
the user due to causes beyond UP Funds Management and its affiliates' control.
No licence to the user is
implied in these disclaimers. Nothing herein shall be construed as limited or reducing UP Funds Management's
responsibilities and obligations to clients in accordance with applicable laws and regulations. Under no
circumstances will UP Funds Management be liable for any lost profits, lost opportunity or any indirect,
consequential, incidental, special, punitive, or exemplary damages arising out of any use of or
inability to use the Website or any portion thereof, regardless of whether UP Funds Management has been apprised
of the likelihood of such damages occurring and regardless of the form of action, whether in contract,
warranty, tort (including negligence), strict liability or otherwise.
Links to Other Websites
Links to non-UP Funds Management Websites are provided solely as pointers to information on topics that may be
useful to users of the UP Funds Management Website, and UP Funds Management has no control over the content on such non-UP Funds Management Websites. If you choose to link to a Website not controlled by UP Funds Management, UP Funds Management does not
make warranties, either express or implied, concerning the content of such Websites, including the accuracy,
completeness, reliability, or suitability thereof for any particular purpose, nor does UP Funds Management warrant
that such Websites or content are free from any claims of copyright, trademark, or other infringement of the
rights of third parties, or that such Websites or content are devoid of viruses or other
contamination.
UP Funds Management does not guarantee the authenticity of documents on the Internet. Links to
non-UP Funds Management Websites do not imply any endorsement of or responsibility for the opinions, ideas,
products, information, or services offered at such Websites, or any representation regarding the content at
such Websites.
Copyright Notices
The works of authorship contained in the upfundsau.com Website ( the "Website" ), including but not limited to all design, text, sound recordings, and images are owned, except as otherwise expressly stated, by UP Funds Management Holdings Limited or one of its subsidiaries. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed ( for compensation or otherwise ), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without UP Funds Management's prior written consent.
Legal Entity Disclosure
This Website has been issued and approved for access by UP Funds Management.
Complaints
If you have any complaints regarding the information on this Website you should contact the Compliance Manager at UP Funds Management or your adviser. UP Funds Management is a member of the Financial Industry Complaints Services Limited (FICS).
Governing Law
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired. The unenforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with UP Funds Management.
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About
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UP Funds Management PTY Limited
525 Collins Street, Melbourne, Victoria 3000
Tel: +61 3 7044 7500
Email: info@upfundsau.com
ABN: 51 164 061 876
AFS License Number: 482848
ACN: 164 061 876
Financial Disclaimer:
Up Funds Management PTY Limited ("Up Funds Management") does not offer Cryptocurrency products and is unable to provide any information on Cryptocurrency products. We strongly recommend consulting with a qualified financial professional or advisor when considering investments in any type of asset or security, including Cryptocurrency products.
Furthermore, if you are contacted by any entity or company claiming to be Up Fund Management, particular Upfunds Pty Ltd, please be aware that this is not associated with or representative of Up Funds Management. We advise caution and encourage you to verify the authenticity of any such communications or offers independently. Up Funds Management is committed to ensuring the security and trust of our clients, and we do not endorse or have any affiliation with entities operating under similar names.
Investment decisions should be made after thorough research and consultation with a financial expert to assess your individual financial goals, risk tolerance, and investment strategy. Up Funds Management is not responsible for any financial decisions made without professional advice and is not liable for any actions taken in response to fraudulent or unauthorized communications from other parties.
Up Funds Management PTY Limited All rights reserved.