General
To download Bell Potter's Retail Trading Terms & Conditions
click here.
To download Bell Potter's Institutional Terms & Conditions
click here.
To download Bell Potter's Trade Confirmation Terms &
Conditions click
here.
This page outlines the Terms and Conditions of access to, and
use of, the Bell Potter Securities Limited AFSL 243 480 ABN 25 006
390 772 ("Bell Potter") Website ("the Website"). The Website is
owned and operated by Bell Potter and its related bodies corporate
(collectively known as "the Bell Group") subject to agreements with
third parties.
The Website is available for you to access and use conditional
on your acceptance without alteration of, and your compliance with,
the Terms and Conditions on this page ("the Terms and
Conditions").
Your access to, or use of, the Website constitutes your
agreement to be bound by the Terms and Conditions. If you do not
accept the Terms and Conditions, you must stop using the Website
immediately.
Ownership of
Intellectual Property
All intellectual property rights (including but not limited to
copyright in the Website and trade marks displayed on or included
in the Website) are owned or licensed by Bell Potter or another
company in the Bell Group.
Information by a third party may be the subject of a grant of
licence or assignment of copyright from the third party to Bell
Potter or another company in the Bell Group, or may be copyright
owned by the third party.
No licence or right of use of any trade mark displayed on or
included in the Website is to be interpreted as being granted. The
Website includes trade marks of Bell Potter or another company in
the Bell Group or its licensor, and some of these trade marks may
be the subject of applications for registration by Bell Potter or
another company in the Bell Group or its licensor.
Prohibitions on
Use
Except for the limited use set out under the next heading
"Permitted Use", you must not use the Website, or the information
provided on it, for any purpose.
You are specifically prohibited from:
- reproducing, printing, publishing, displaying or distributing
the information provided on the Website, or creating any works from
any of that information;
- uploading or reposting the information provided on the Website
to any other website;
- "framing" the information provided on the Website with other
information provided on any other website;
- on selling the information provided on the Website without the
express prior written consent of Bell Potter or another company in
the Bell Group; and
- copying or modifying the layout of the Website, or any computer
software and code contained in the Website.
Permitted Use
Notwithstanding the prohibitions set out under the previous
heading "Prohibitions on Use", you may only:
- access and use the Website and the information on the Website
for lawful purposes; and
- using an industry standard web browser, view and download
information provided on the Website for your personal use if, and
only if, you keep all the information intact and in the same form
as presented on the Website (including but not limited to retention
of all copyright, trade mark and other proprietary notices
contained on or in relation to that information).
Availability
All information provided and financial products and services
offered on the Website are for Australian residents. If you are not
an Australian resident and are interested in financial products or
services offered on the Website, please contact Bell Potter or any
other company in the Bell Group after consulting your independent
tax adviser. Foreign law may restrict access to the Website.
Subscription and
Registration
You can access the information services provided on the Website
without being a subscriber, but if you want to receive a newsletter
or other publication, you must become a subscriber and provide your
subscription details in accordance with the requests appearing on
the Website. Subscription is free but non-transferable.
If you become a Client of Bell Potter or another company in the
Bell Group, you may be able to use various on-line services by
registering for access. For details of registration and available
facilities, contact your Bell Potter adviser on 133 788.
Contact us in
writing if you want to be removed from the subscription or
registration databases, or if you want to amend or update your
details. Bell Potter or another company in the Bell Group may
terminate your subscription or registration without notice to you
at any time for any reason without giving you any explanation or
justification.
Information
Provided
All information provided on the Website is:
- provided without Bell Potter, any other company in the Bell
Group and directors and officers of Bell Potter or any other
company in the Bell Group assuming a duty of care to you;
- provided only in accordance with the Terms and Conditions;
- based on sources which Bell Potter or any other company in the
Bell Group believes to be current and accurate as at the date of
publication. However, Bell Potter and any other company in the Bell
Group has the right, although it is not obliged, to update this
information at any time; and
- in the nature of information and not advice.
All information provided on the Website does not take
into account your individual circumstances, investment objectives
or needs. The information is not investment advice and should not
be relied on. You should seek professional advice to assist you in
forming your own opinion of the information and its relevance to
your individual circumstances, investment objectives and
needs.
Past performance of any product described or referred to
on the Website or any website referred to on, or linked to, the
Website or accessed through any of those websites ("external
website") is not an indicator of future performance. You should
seek professional advice before you decide to invest or consider
any action based on information provided on the Website or an
external website.
Disclosure of
Interests
Click
here for details of Bell Potter's interests in securities with
which it is involved and services and transactions relating to
those securities, as applicable.
Financial Services
Guides
If you are considering using any service offered by Bell Potter or
another company in the Bell Group, you must view the relevant
Financial Services Guide which forms part of the Terms and
Conditions. Click here for Financial
Services Guides.
Your access to, or use of, the Website constitutes your
acknowledgement of receipt of the relevant Financial Services
Guide.
Disclaimers and
Limitations of Liability
You should read these Disclaimers and Limitations of
Liability carefully and seek independent legal advice if you need
help. Your access to, and use of, the Website and any external
website is at your sole risk.
| 1. |
None of Bell Potter, any other company in the Bell Group or the
directors and officers of Bell Potter or any other company in the
Bell Group gives any warranty, guarantee or representation
about: |
- the reliability, accuracy, timeliness, completeness or
otherwise, of any information provided on or accessed through the
Website or any external website; or
- the merchantability or fitness for any particular purpose for
any service or product contained or referred to on or accessed
through the Website or any external website.
You should make your own inquiries and seek independent advice
from appropriate professionals or other people before acting or
relying on any information provided on or accessed through the
Website or any external website.
| 2. |
To the extent permitted by law, none of Bell Potter, any other
company in the Bell Group or the directors and officers of Bell
Potter or any other company in the Bell Group accepts any
responsibility for any loss or damage, caused directly or
indirectly (including through negligence), which you may directly
or indirectly suffer in connection with or arising from: |
- your access to, or use of, the Website or any external website;
or
- your access to, use of, or reliance on, information provided on
or accessed through the Website or any external website.
| This includes but is not limited to direct or indirect
consequences of you: |
- acting, or failing to act, on any information contained or
referred to on the Website or any external website; or
- using or acquiring, or your inability to use or acquire, any
service or product contained or referred to on the Website or any
external website.
| 3. |
None of Bell Potter, any other company in the Bell Group or the
directors and officers of Bell Potter or any other company in the
Bell Group accepts any responsibility for any loss or damage,
caused directly or indirectly (including through negligence), in
connection with or arising from your reliance on any information
provided on or accessed through the Website or any external
website. Neither Bell Potter nor any other company in the Bell
Group undertakes to keep the Website updated.
It remains your responsibility to make your own inquiries about
the information (including but not limited to inquiries about the
accuracy, completeness and usefulness of the information) and seek
independent advice from appropriate professionals or other people
before acting or relying on any information provided on or accessed
through the Website or any external website.
|
| 4. |
None of Bell Potter, any other company in the Bell Group or the
directors and officers of Bell Potter or any other company in the
Bell Group gives any warranty, guarantee or representation about
the security of any information you transmit to Bell Potter or any
other company in the Bell Group. However, Bell Potter will take
reasonable steps to preserve the security of information you
transmit to it. |
| 5. |
None of Bell Potter, any other company in the Bell Group or the
directors and officers of Bell Potter or any other company in the
Bell Group accepts any responsibility for any interference or
damage to your computer system which arises in connection with your
access to or use of the Website or any external website. None of
Bell Potter, any other company in the Bell Group or the directors
and officers of Bell Potter or any other company in the Bell Group
gives any warranty, guarantee or representation that: |
- the Website or any external website, or the server or servers
that make those sites available, are free of software viruses;
- the functions contained in any software contained on the
Website or any external website will operate uninterrupted or are
error free; or
- errors and defects in the Website or any external website will
be corrected.
| You must take your own precautions to ensure that the process
you use to access the Website or any external website does not
expose you to the risk of viruses, malicious computer code or other
forms of interference that may damage your computer system. |
| 6. |
Where the information provided on the Website or any external
website contains opinions, judgements or advice of third
parties: |
- any of those opinions, judgements or advice given by third
parties remain the responsibility of the relevant third parties,
and none of Bell Potter, any other company in the Bell Group or the
directors and officers of Bell Potter or any other company in the
Bell Group gives any warranty, guarantee or representation about
the accuracy, reliability, completeness or usefulness of that
content or its fitness for any particular purposes;
- none of Bell Potter, any other company in the Bell Group or the
directors and officers of Bell Potter or any other company in the
Bell Group endorses or approves the accuracy, reliability,
completeness or usefulness or overall content of any of those
opinions, judgements or advice; and
- none of Bell Potter, any other company in the Bell Group or the
directors and officers of Bell Potter or any other company in the
Bell Group accepts any responsibility for any defamatory, offensive
or illegal conduct of any third party.
| 7. |
None of Bell Potter, any other company in the Bell Group or the
directors and officers of Bell Potter or any other company in the
Bell Group accepts any responsibility for the following things,
however caused: |
- errors or omissions in the Website or any external website;
and
- defamatory, offensive or illegal conduct of any user of the
Website or any external website.
| 8. |
All conditions or warranties which could be implied into the
Terms and Conditions are excluded to the extent permitted by law.
Where an implied condition or warranty can't be excluded, the
liability of Bell Potter, any other company in the Bell Group and
the directors and officers of Bell Potter or any other company in
the Bell Group will be limited: |
- for a breach relating to services supplied or offered, the
limitation will be to the re-supply of the services or the payment
of the cost of having the services re-supplied; and
- for a breach relating to goods supplied or offered, the
limitation will be to the replacement of goods or the supply of
equivalent goods, the repair of goods, the payment of the cost of
having the goods replaced or acquiring equivalent goods, or the
payment of the cost of having the goods repaired.
However where these limitations are prohibited the limitations
will be to the maximum extent permitted by legislation.
None of the disclaimers or limitations of liability appearing
above attempt to exclude liability arising under legislation if,
and to the extent, that liability cannot be lawfully
excluded.
Indemnity
You indemnify, and will keep indemnified, each of Bell
Potter, any other company in the Bell Group, its directors,
officers, employees, servants, agents and contractors against, and
must pay each of them on demand, the amount of all losses, damages,
claims, demands, actions, proceedings, costs and expenses
(including legal fees), caused directly or indirectly, in
connection with or arising from:
- failure by you to comply with the Terms and Conditions;
- reliance by you on any information provided on or through
accessing the Website or any external website;
- your access to, or use of, the Website or any external website;
or
- access to, use of, or reliance on, any information provided on
or through accessing the Website or any external website by any
person accessing that information through the Website or any
external website.
External
Websites
For your convenience, the Website contains references or
links to other websites which may in turn refer or link to other
references or links. None of Bell Potter, any other company in the
Bell Group or the directors and officers of Bell Potter or any
other company in the Bell Group:
- gives any warranty, guarantee or representation about the
reliability, accuracy, timeliness, completeness or otherwise, of
any information contained on any external website;
- is responsible for any opinions, representations, warranties,
guarantees, offers, invitations, information or practices of any
external website; and
- controls, endorses, approves or recommends anything contained
on or relating to information, products or services referred to or
contained on any external website unless and to the extent
expressly stated otherwise by Bell Potter or any other company in
the Bell Group.
Privacy Policy
You must read Bell Potter's Privacy Policy which forms part of the
Terms and Conditions. Click here for Bell Potter's Privacy
Policy.
Fraud
Bell Potter and other companies in the Bell Group are
committed to providing the highest quality of services to its
clients in a trusted environment.
Internet fraud is a major concern for financial services providers
worldwide. Most Internet and email scams usually involve an email
claiming to be from your financial service provider. It usually
asks you to send your account details such as your password or PIN,
either by return email or through a website link. The fraudsters
may use various tricks to lower your guard such as security and
maintenance upgrade, investigation of irregularities or bills or
charges due. Here are some safety checks you may find helpful:
- suspect a scam if you are asked for your account details via
email;
- never access the Website from links in emails or Internet
links;
- keep your computer secure by updating your virus protection on
a regular basis and delete suspicious emails without opening
them;
- only go to the Website by typing in the Website address in the
address bar of your web browser or by using your 'favourites';
- take privacy precautions and keep your logon details and
password secret;
- avoid personal transactions at public places like Internet
cafes, community centres and libraries; and
- regularly check the services provided to you by Bell Potter or
any other company in the Bell Group for unauthorised
transactions.
Neither Bell Potter nor any other company in the Bell Group will
request personal information such as login ID or bank details via
emails. Contact Bell Potter or another company in the Bell Group
immediately if you receive any emails or web links from Bell Potter
or any other company in the Bell Group that requests any personal
information that relates to the services that any of them provide
to you.You can obtain more information on fraud from FIDO, the
consumer section of the Australian Securities and Investments
Commission website.
Termination
- Bell Potter may terminate access to the Website without notice
to you at any time for any reason without giving you any
explanation or justification.
- None of Bell Potter, any other company in the Bell Group or the
directors and officers of Bell Potter or any other company in the
Bell Group accepts any responsibility for any loss or damage caused
directly or indirectly in connection with or arising from
terminating access to the Website.
- The operation of all disclaimers, limitations of liability and
indemnities contained in the Terms and Conditions will survive
termination of access and use.
Waiver of
Rights
If Bell Potter or any other company in the Bell Group
waives any of its rights under the Terms and Conditions, it may
decide not to waive that right or those rights in the future.
Access on Mobile
Phones
You may access, view and download some of the content from the
Website on your mobile phone. Bell Potter offers content on the
Website without charge but you should consult your
telecommunications service provider to see what carrier charges you
may incur.
Changing Terms and
Conditions
Bell Potter may change the Terms and Conditions without
notice to you at any time for any reason without giving you any
explanation or justification.
Governing Law
The Terms and Conditions are governed by and interpreted
in accordance with the law in force in Victoria. You submit to the
exclusive jurisdiction of the courts of Victoria.
Your Acceptance of
Terms and Conditions
By continuing to use the Website, you acknowledge that
you have read and understood all the Terms and Conditions and agree
to be bound by them. If this is not the case, you must stop using
the Website immediately.