FIIG Securities Limited (“FIIG”)
Website Terms and Conditions of Use
Please note, if you open, log-on, log-in or otherwise use or access in any manner the FIIG website or any online or electronic pages or information provided by FIIG (“FIIG’s Information”) you agree to, acknowledge and enter into a binding legal agreement with FIIG to use FIIG’s Information (as defined below) on the following terms and conditions each time you access FIIG’s website, electronic information or FIIG’s information whatsoever in consideration of FIIG providing or making available to you the services referred to below.
- PRIVACY ACT 1988: - If FIIG considers it relevant to assessing your application to open an account with FIIG for any financial services as outlined in the FIIG FSG, you agree to FIIG obtaining information from you and taking such steps as it deems necessary to contact you for the purposes of gathering any such information including but not limited to tracking your use of any FIIG website or electronic communication from time to time. You agree that FIIG may require additional information from you from time to time. You agree to FIIG obtaining personal information about you from third parties to confirm the information provided is accurate. You understand that the information, services and use of all standard information services forms the basis of the agreement between you and FIIG;
- You warrant you have the capacity to commit to this agreement with FIIG and these terms and conditions of use;
- This agreement applies when we, FIIG, supply any of our standard information services (“FIIG’s Information” services) to you, our customer. Additional terms may apply to any of the other or financial services we supply as set out in the FIIG FSG and FIIG Custody terms and conditions and we will tell you if additional terms apply to any service you use;
- FIIG’s Information services include our reporting services, our verification and consulting services and our financial services;
- In this agreement, the Privacy Act 1988 (Cth) is referred to as “the Privacy Act” and includes Instruments made under the Act;
- SUPPLY OF FIIG’s INFORMATION SERVICES: - We will supply FIIG’s Information services to you after we accept your request for the particular services. Where we supply FIIG’s Information services to you online, the services are supplied over communication links and other networks, and the availability of the services rely on the availability of those links and networks. While we will do our best to make sure the online information services are available, we are not responsible if the links or networks are unavailable at any time, and we do not guarantee that services supplied online will be continuously available. If we have given you a timetable or time estimate for providing FIIG’s Information services, we will use reasonable endeavours to meet that timetable or time estimate. We will let you know if we rely on you to do anything in order for us to meet the timetable or time estimate and you agree to co-operate with us. You agree to comply with this agreement and follow any procedures and other instructions we provide when you use FIIG’s Information services, for example our FSG. If we change any of our procedures or instructions, or if we introduce new ones and we think those changes will affect you, we will let you know in reasonable time, taking into account the nature of those changes. To access our services by direct link you will need to ensure that your system complies with our most up to date version of our system specifications to allow direct linking. You are responsible for any system changes you need to make and agree to make those changes as necessary. You agree to provide us with one contact person within your organisation or one contact for each person to access your information or FIIG account (and to notify us in writing or by electronic means as required by FIIG if they change). That person will be responsible for compliance with these terms and conditions of use set out in this agreement.
- USER NAME AND PASSWORD: - You agree to keep any user name, password or other identifiers we give you to use FIIG’s Information services confidential and secure and to manage your users’ access to our services. You agree that any identifiers we give you will not be transferred between users or disclosed to any third party and you will tell us if they are no longer required. You are responsible for all use of those identifiers. If we ask you to, you agree to stop using those identifiers or use any replacement identifiers we give you.
- ANNUAL SUBSCRIPTION FEES: - Although not charged at present, unless otherwise agreed FIIG may charge annual subscription fees for your use of our services at some time in the future and amend these terms and condition of use. These fees may be subject to change from time to time. For any other relevant fees in relation to FIIG’s services please see FIIG Financial Services Guide (“FSG”). In addition to the terms and conditions included in the FIIG FSG you agree that for the purposes of accessing FIIG’s Information or entering into any other agreement with FIIG including but not limited to receiving a subscription to FIIG’s Information.
- YOUR USE OF FIIG’S INFORMATION SERVICES: - You can only use the reports and information we supply you for your own use and for the purpose that we supply them for. You agree that you will not re-sell, re-package or otherwise re-use our information in any other way. If we deliver reports electronically, you can save them onto your system, or print them for your file. If you access our services by direct link and we deliver information to you by a stream of data you can copy the information onto your system and reprocess it, for example as part of your reporting or approval and record keeping process. You agree that you will not reproduce, modify or adapt our reports and information in any other way. We have copyright in the compilation of the information we use to supply our information and financial services to you, and in the reports we supply to you when you use FIIG’s Information services. We have developed information technology, software and documentation that we may use to provide the services to you, and we have copyright and other rights in those items. You agree that you will not copy them, modify them, adapt them, reverse engineer them or infect them with viruses.
- INFORMATION WE COLLECT FROM YOU: - You may give us “default information”, which is the information about:-
a) FIIG information you may access electronically subject to these terms and conditions of use;
b) Information FIIG collects as a result of your use of FIIG website; and
c) Information required by FIIG in order to provide any services to you from time to time. Before you give us default information you must take steps to ensure that the default information that is to be given to us is true and correct and to update the default information you have given us as soon as practicable so that the default information we hold remains accurate, up to date, complete and not misleading. We collect information from you when you request our information and financial services, such as the information you enter in a search enquiry or the information you access via the FIIG websites. You acknowledge that the quality of our services and information returned to you relies on the information you provide us in your request for the particular service. You agree to provide any notifications to individuals that are required under the Privacy Act before you request FIIG’s Information services. Once you give information to us, we can use that information to supply our information and financial services to you and others. We do not usually remove any information from our systems. Information is updated where it is proven (to our satisfaction) not to be accurate, up to date or complete. You agree to make sure that all the information you give us is accurate, up to date, complete and not misleading.
- OUR FIIG INFORMATION REPORTING SERVICES: - This section applies to you if you use FIIG’s Information services. If you use FIIG’s Information services you agree that your use of the services is governed by the Privacy Act and that we can only let you use the service if we believe, on reasonable grounds, we are allowed to under the Privacy Act to tell us the purpose for which you will use the services for (and tell us if that purpose changes) and to only use the services for the purpose that we approve, to not knowingly request information from us where the disclosure of the information requested would contravene the Privacy Act. If we ask you to, you agree to provide access to your systems and documentation so that we can check your compliance with this agreement and in some cases aspects of the Privacy Act. Nothing that we do as part of this review should be construed as providing legal or compliance advice or any imprimatur in respect of your data management practices or compliance with the Privacy Act. This is and remains your responsibility.
- OUR CHARGES: - You must pay us any annual fee we charge for any of FIIG’s Information services that you use. We may charge annual fees in advance. Our annual fees are not refundable, our current charges for any information service you use on the basis we set out in our invoice. We will tell you if there are any charges and fees before you use an information service, for example in a price list or proposal and GST on our fees and charges and the FIIG FSG. We will send you invoices for all our fees and charges. We may change our fees and charges from time to time. We will tell you when the new fees and charges apply from. If you do not pay us by the due date for payment, we may require you to pay the whole of the amounts outstanding by you to us, which immediately become due and payable and require you to pay a late payment fee of 1.5% of the amount outstanding at the due date or charge interest on the amount overdue at 2% per month from the due date for payment until the date on which the debt is paid and require you to pay us any costs for agents incurred in recovering money you owe us including commissions and legal costs on a solicitor-client basis and list information about the default with any credit reporting agency. You agree to keep confidential the terms of supply including our fees, charges and pricing arrangements with you under this and any other agreement between us.
- TERM, TERMINATION AND SUSPENSION: - This agreement continues until either of us terminates it by giving 30 days written notice to the other. If this agreement is terminated, clauses 9, 12, 13, 14 and 18 survive termination. We may withhold or suspend your use of any of our information or our financial services or products immediately if you do not pay our fees and charges for any service or if we believe you are not complying with any of your other obligations under this agreement or any other agreement you have with us or your legal obligations in respect of the information and services that we supply you and enforce such rights as may be available to us against our interests.
- COMPENSATION AND LIABILITY: - When we provide the information services to you, we rely on information provided to us by you and others. While we always aim to provide quality information to you, you understand that we do not independently check all information supplied to us, or the compilation of information by our systems and that information may become out of date. You understand that you are responsible for assessing the value of the information we provide you, and for the business decisions that you make, regardless of whether you base them on the information we supply. To the extent we are able to at law, we exclude all express or implied representations, conditions, warranties and terms relating to the information services or the agreement except those set out in this agreement. FIIG provides general financial product advice only. As a result any information or advice has been provided by FIIG without taking account of your objectives, financial situation and needs. Because of this, you should, before acting on any advice from FIIG or FIIG Information, consider the appropriateness of the advice or FIIG Information, having regard to your objectives, financial situation and needs. If any advice or FIIG Information relates to the acquisition, or possible acquisition, or pricing, structure or details of a particular financial product, you should obtain a product disclosure statement relating to the product and consider the statement before making any decision about whether to acquire the product or enter into a transaction in relation to the product. Neither FIIG, nor any of its directors, authorised representatives, employees, or agents, makes any representation or warranty as to the reliability, accuracy, or completeness, of any advice or FIIG Information. Nor do they accept any liability or responsibility arising in any way (including negligence) for errors in, or omissions from, any advice or FIIG Information. Any reference to credit ratings of companies, entities or financial products must only be relied upon by a ‘wholesale client’ as that term is defined in section 761G of the Corporations Act 2001 (Cth). FIIG strongly recommends that you seek independent accounting, financial, taxation, and legal advice, tailored to your specific objectives, financial situation or needs, prior to making any investment decision. FIIG does not make a market in the securities or products that may be referred to in any FIIG Information.
- We are not liable to you or to anyone else for any loss or damage (including without limitation loss of profit, revenue or business, indirect, consequential, special or incidental loss or damage) however such loss, damage or liability arises or might arise if it were not for this clause. This exclusion does not apply to anything the law prohibits us excluding liability for. To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur is limited to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the information service to which your claim relates.
- INDEMNITY:- You indemnify us for any loss we suffer or liability we incur because:
a) any information you give us is not accurate, up to date or complete or is otherwise misleading;
b) you have not updated default information you have given us so that the default information we hold at any given time is not accurate, up to date, or complete or is otherwise misleading;
c) of your breach of this agreement or any other misuse of the information services or the information we supply you.
- DISPUTES:- You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to default information you have given us. Your co-operation includes but is not limited to providing us in a timely manner with relevant documents, access to relevant employees or any other reasonable assistance that may be required in the course of dealing with such matters, and may in some circumstances involve you being joined as a party to any litigation as well as or instead of us. In this clause references to "we" and "us" include our officers, employees, contractors and agents.
a) You agree to comply with the Privacy Act and all other laws that apply to the information that we provide to you or to or your use of FIIG’s Information services (and to maintain documentation to demonstrate your compliance).
b) We may change this agreement by amending or deleting terms or adding new terms. Changes may take the form of a new agreement. We will always give you at least 14 days notice in writing before we do this.
c) We may add or withdraw any service and modify or otherwise change any service or the delivery and access to any FIIG Information and website without notice to you.
d) Neither of us is liable for a failure or delay in performing an obligation under this agreement to the extent the failure or delay is because of an event beyond our reasonable control. If either of us is affected in this way, each of us will use our reasonable endeavours to minimise delays or interruptions.
e) Where we have used the word "includes" or "including" or "for example", these words do not have a limiting effect.
f) Where we have referred to any legislation or a provision of any legislation, it includes that legislation or provision as from time to time re-enacted or otherwise amended.
g) We will send any notices to you either to the last postal address, fax number or email address you have given to us. You must tell us if you change any contact details.
h) You agree you will not transfer your rights or obligations under this agreement to any other person without first getting our written consent. We will not unreasonably withhold our consent.
i) No delay or failure to exercise a right under this agreement prevents the exercise of that or any other right on that or any other occasion.
j) If any term of this agreement is unlawful and unenforceable, it will be severed from this agreement and the rest of this agreement remains in force.
k) This agreement is subordinate to the terms and conditions of the FIIG FSG and the FIIG Custody Deed and any other agreement you have with us for our information and financial services unless we agree otherwise in writing.
l) This agreement is governed by the laws of Queensland and both parties submit to the non-exclusive jurisdiction of the courts of that state.