Last updated: 4 March 2020
- General Information and Privacy
This website and its contents (‘Website’) is owned by Pearl Funds Management Ptd Ltd, an authorised representative AFS Rep No 001254808 of Banyan Securities Pty Ltd AFSL 484139 (‘Pearl’).
Please read these Terms and Conditions (‘Terms and Conditions’) before using this website including any related mobile applications operated by Pearl.
The use of this website is governed by these terms and conditions, as amended from time to time and by using this website you agree to its terms. If you disagree with any part of the terms and conditions, then you may not access this website.
When you access and interact with our services, we may collect certain information about those visits. For example, in order to permit your connection to our services, our servers receive and record information about your computer, device, and browser, including potentially your IP address, browser type, and other software or hardware information.
If you access our services from a mobile or other device, we may collect a unique device identifier assigned to that device, geolocation data, or other transactional information from that device.
Cookies and other tracking technologies (such as browser cookies and local storage) are comprised of small bits of data or code that often include a de-identified or anonymous unique identifier. Websites, apps and other services send this data to your browser when you first request a web page and then store the data on your computer so that such websites, apps and other services can access information when you make subsequent requests for pages from that service. These technologies may also be used to collect and store information such as pages you have visited, content you have viewed, search queries you have run and advertisements you have viewed in relation to your usage of our services and other websites you have visited.
Third parties that support our services such as allowing you to share content may also use these technologies to collect similar information. We do not control these third-party technologies and their use is governed by the privacy policies of those third parties.
Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether.
For more information, consult the “Settings” or "Help" section of your browser. Please note that by blocking any or all cookies you may not have access to certain features or content available on certain sites.
- Competitions and Promotions
Certain parts of the website may contain competitions or promotions from Pearl. The terms and conditions for those competitions and promotions will be specified on the relevant part of the website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions.
Notwithstanding any specific terms and conditions, Pearl specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the website.
All competitions and promotions are only open to persons located in Australia and prizes will not be awarded to people who do not meet this requirement at the time of entry.
- Intellectual Property
Trade marks on the websites used to describe or identify any products and services provided by Pearl or any of its subsidiaries, related entities and affiliates are trademarks of Pearl.
All material on this website, including logo, information, text, graphics, design, multimedia material, layout, downloads, pricing, products and services (‘content’) is owned by or licensed to Pearl and is subject to the Copyright Law 1968.
The content of this website is intellectual property and must not be reproduced, modified, transmitted, adapted, distributed, sold, published or stored for any purpose, other than with the prior written consent of Pearl, or as permitted by law.
Note: Your access or use of this website does not constitute or create a licence or any other right to use the Content or the Trademarks. All rights of Pearl are reserved.
- Links to Other Websites
The website may contain links to (or from) or display the content of third parties (‘Third Party Content’) such as Lenders on our panel. Third Party Content and Third Party Websites are not under the control of Pearl. Pearl does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
- Limitation of Liability
Pearl does not make any representation or warranty (either express or implied) as to the completeness, accuracy, reliability or availability of the website or its contents. By accessing this website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify Pearl for any loss, damage, costs or expenses whatsoever suffered by any individual or entity arising out of or in any way connected with your access to this website.
Pearl and its officers, employees, agents, contractors or agents shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising from your use or non-use of this website, or your reliance upon information contained upon it (whether arising from Pearl’s negligence or otherwise). To the fullest extent permitted by law, Pearl’s liability for any breach of any term, condition, representation or warranty is limited to the supplying of the relevant good or services again, at Pearl’s discretion.
Pearl will not be liable to you (whether under the law of contact or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Pearl has been expressly advised of the potential loss.
Nothing in this website will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website will exclude or limit Pearl’s liability in respect of any:
- death or personal injury caused by Pearl’s negligence;
- fraud or fraudulent misrepresentation on the part of Pearl; or
- matter which it would be illegal or unlawful for Pearl to exclude or limit, or to attempt or purport to exclude or limit, its liability.
- Currency of Information
You should be aware that information current to a particular time or date as placed on the website does not mean that more recent information of the relevant type does not exist, or is not available through other means, or that circumstances have not changed, such that the information does not reflect the state of affairs at any subsequent time. Further, delays may occur before particular information on this website is updated.
You agree to indemnify Pearl and each of the officers, employees, representatives, agents, contractors, suppliers and licensors (‘Affiliates’) of Pearl in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your Affiliates.
- Acceptable Use of Software and Downloads
Software and related digital materials may be expressly made available by Pearl for downloading from the website. Unless those software or materials are expressed to be pursuant to specific conditions (in which case those conditions will apply), Pearl grants to you a personal, non-transferable, and non-exclusive licence to use the relevant software or materials for your own private use, provided that you do not copy, modify, reverse engineer, or otherwise transfer or purport to transfer any right in them, and provided also that you ensure that all copies of such software and materials retain any copyright or other intellectual property notices.
The use of these material is governed by Pearl’s intellectual property rights.
Pearl gives no warranties (either express or implied) as to the completeness, accuracy or reliability of such software or materials, and they are downloaded and used by you entirely at your own risk.
- User Content
Certain parts of the website may allow you to submit your personal information for competitions, promotions, complaints and marketing purposes. You must not:
- use the website in breach of any applicable laws or regulations;
- use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;
- interfere with, disrupt, or create an undue burden on the website;
- upload, post, transmit or otherwise make available any material that:
i.is not your original work, or which may infringe the intellectual property or other rights of another person;
ii.is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
iii.includes an image or personal information of another person unless you have their consent; or
iv.you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive.
You grant to Pearl a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, copy, publish, communicate to the public, translate, distribute or edit your user content in any existing or future media. You also grant to Pearl the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Pearl or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Pearl reserves the right to edit or remove any material submitted to this website, or stored on Pearl’s servers, or hosted or published upon this website.
- Products on Our Website
If you wish to undertake any services or products made available on this website, you may you may be asked to supply certain information relevant to the service including, without limitation, your name, address, email, phone number and other information relevant to the service.
Pearl specifically retains the right, at any time and without notice, to remove, alter or add products & services and/or vary these, without any notification to you where permitted by law.
- Restricted Access
Access to certain areas of this website is restricted. Pearl reserves the right to restrict access to some areas of this website, or indeed this entire website, at Pearl’s discretion.
If Pearl provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
- No Warranties
This website is provided “as is” without any representations or warranties, express or implied. Pearl makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Pearl does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
- General Advice Warning
The information presented on this website is general in nature and does not take into account your personal goals and objectives. It does not represent financial product advice. You should always seek independent legal and financial advice before making a decision in relation to a financial product. Read the Product Disclosure Statement (PDS) relevant to the product before making a decision. You should consider your own circumstances, needs and financial objectives before making a decision.
- Performance Expectations
Pearl does not make any guarantees in relation to any investment performance or repayment for any product contained in this website or disclosure documents available on this website. Refer to the “General Advice Warning” in clause 17 for more information.
- Breaches of these Terms and Conditions
Without prejudice to Pearl’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Pearl may take such action as Pearl deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
- Review of Terms and Conditions
We reserve the right, at our sole discretion, to review, modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.
- Company and Licence Details
Pearl Funds Management Ptd Ltd, an authorised representative AFS Rep No 001254808 of Banyan Securities Pty Ltd AFSL 484139