Terms and Conditions of use & Privacy Policy

Uniting Ethical Investors Limited (U Ethical)

Website Terms and Conditions


The Terms and Conditions set out below relate to the use by You of Online Investor, and will be automatically displayed when You first enter Online Investor or in the event that the Terms and Conditions are modified. Before accessing Online Investor for the first time, You must agree to be bound by these Terms and Conditions of use. Any subsequent use of Online Investor by You will also be subject to these Terms and Conditions (as amended).


These Terms and Conditions are available for review at all times on Online Investor by clicking on the link appearing at the bottom of the site.

These Terms and Conditions are legally binding. Please read them carefully.


Definitions

In these Terms and Conditions, unless the context requires otherwise, terms defined in the Corporations Act 2001 (Cth) have the same meaning given to those terms in that Act and the following terms have the meaning set out below.

U Ethical means Uniting Ethical Investors Limited (ABN 46 102 469 821 AFSL 294147).

Online Investor means the internet website provided by U Ethical which enables You to access certain information in relation to holding/s in a U Ethical product, as an investor through the use of the web portal known as ‘Investor Online’.

Consequential Loss means in respect of a breach of these Terms and Conditions or other wrongful act or omission of U Ethical:
  • any loss suffered by You which cannot reasonably be considered to arise naturally from and in the usual course of that breach of contract or other wrongful act or omission of U Ethical; and
  • any and all loss of profit, loss of revenue, loss of goodwill, loss of opportunity and loss of savings and all consequential, special, indirect, exemplary of punitive loss suffered by You in relation to that breach of contract and other wrongful act or omission of U Ethical.

Fund means a managed investment scheme, unit trust, partnership or other entity (as the case may be), whether registered or unregistered and whether listed on the Australian Securities Exchange or not, where (and only where) the register of members for that scheme, trust, partnership or other entity is maintained by U Ethical.

Product means a financial product which has been issued to You by a Fund.

You means a person holding Products in a Fund or a Representative (as the case may be).


General

Through Online Investor You will be able to see details of your holdings of Products in a Fund.


The first time You access Online Investor You will be required to access the website using a User ID and a temporary password which will have been assigned and notified to You by U Ethical. After accessing Online Investor for the first time, You will be able to change your password. Your User ID and chosen password will then be used by You to gain access to Online Investor on an ongoing basis.


Your User ID and password must be kept confidential and should not be recorded in the same place as any other information relevant to your holding in a Fund. Where You do disclose your User ID and/or password to another person then, to the extent permitted by law, U Ethical disclaims all liability for any loss or damage that You may suffer as a result of that person accessing Online Investor and gaining access to your information.


When You access Online Investor, You will be able to view certain information regarding your holdings in a Fund, including:

  • your address and other relevant contact details;
  • whether You have provided a Tax File Number;
  • how You have nominated to receive distributions made by a Fund;
  • where applicable, details of your nominated default bank account;
  • the number of Products You hold in a Fund, and the value of that investment; and
  • to the extent possible, transactions undertaken in respect of your holdings.

Except as described below, Online Investor is an enquiry only website. You may run reports in relation to your holding in a Fund, and download certain information, but You will not be able to effect transactions (for example, transfers of Products) or change source information through the website.


If You use ‘Investor Online’, then You will be able to make changes through that web portal to certain static data relating to your holding in a Fund, namely your contact details (for example, your residential address and telephone number), Tax File Number and Australian Business Number (if applicable).


When you supply information through Online Investor, U Ethical will facilitate the recording of the information against the holding You have nominated. However, U Ethical does not guarantee that the tasks can be effected electronically. There will be a delay of at least one business day before any changes You make to information through Online Investor are processed, updated and visible on Online Investor.


Where You download information from Online Investor and You make, or another person makes, changes to that information then, to the extent permitted by law, U Ethical disclaims all liability for any loss or damage that You may suffer as a result of that information being manipulated.


The information contained on Online Investor is not intended to be used as the basis for making any investment decision and must not be relied upon as investment advice. The information provided does not take into account the objectives, financial situation or needs of a particular investor and is not a sufficient basis on which to make an investment decision. Investors should seek financial, legal, tax or other advice from a qualified expert or financial adviser as necessary before making any investment decision.


Changing your details

If You want to change any details associated with your holding of Products (for example, contact details) and those changes cannot be made through Online Investor, then they must be recorded on the appropriate hard copy form and sent by mail to U Ethical. You can obtain the required form by accessing our website at www.uethical.com, or by calling a customer services representative on 1800 996 888.


Availability

U Ethical will use its reasonable endeavours to provide Online Investor in an uninterrupted manner. However, U Ethical reserves the right without notice to make any technical changes to Online Investor which it considers to be necessary or desirable, and will not be responsible in the event that any upgrade to Online Investor means that You are temporarily unable to access the website.


In addition, it is possible that Online Investor may be unavailable at any time without notice (for example, due to technological disruptions). U Ethical will not be liable in the event that Online Investor is not provided in a continuous and uninterrupted manner.


Where possible, U Ethical will seek to provide you with advance notice of any downtime that is to occur due to certain mechanical or software failures which may render Online Investor unavailable for a period of time. However, You acknowledge that they may not be able to do so.


Disclaimer

U Ethical has taken reasonable care in publishing the information available through Online Investor, but does not guarantee that the information is complete, accurate or current. In particular, U Ethical is not responsible for:

  • the accuracy of the Product balance shown at the time of your enquiry – by way of example, there will be a time delay between You completing a transaction in respect of your Products and the information being updated on the website;
  • the accuracy of information provided by third parties; or
  • the verification or updating of any information which has been provided by You – it is your sole responsibility to review the information supplied to ensure its accuracy and proper application.

To the maximum extent permitted by law, U Ethical as well as their related bodies corporate and their respective directors, officers and employees expressly disclaim all liability (including liability for negligence) and responsibility to any person (whether a reader of these Terms and Conditions or not) in respect of anything, and in respect of the consequences of anything, done or omitted to be done by any such person arising out of or in reliance (whether wholly or partly) on any use of the facilities made available through Online Investor, including liability for any loss or damage which You or anyone else might suffer as a result of any incorrect, inaccurate or incomplete provision or recording of any information.

Notwithstanding any other provision of these Terms and Conditions, under no circumstances will U Ethical or any of its related bodies corporate be liable to You or to any other person for any Consequential Loss arising from any breach of a representation, any breach of implied term or any duty at common law or under any statute or express term of these Terms and Conditions.

Privacy – Collection and Disclosure Statement

Personal information is displayed on Online Investor, including your address.

U Ethical is committed to compliance with the Privacy Act and the Australian Privacy Principles, and in providing you with products and services in a manner which ensures your right to privacy is respected.

U Ethical collects personal information for the purposes of processing applications, providing you with the products offered in the relevant Product Disclosure Statement, Offer Document and Additional Information Booklet, and in order to manage your investment. U Ethical may provide that information to any of the organisations that are used in the ordinary administration and management of the business of the Fund, including providers of clerical, administration, investment management services or custodial services, settlement agents, clearing houses, and credit agencies and if required to do so by law. You may contact U Ethical at any time with questions or concerns about privacy, or to access, correct or update personal information held.


Queries about privacy should be directed in the first instance to U Ethical's Operations Manager. The Office of Australian Information Commissioner also deals with certain complaints relating to privacy concerns. For a copy of the Privacy Policy, please contact U Ethical directly or download the policy from the U Ethical website.


Warranties, Confirmations and Undertakings

In accepting these Terms and Conditions You will be deemed to have given the following warranties, confirmations and undertakings.

1. When You use Online Investor to view your Products in a Fund, You warrant that You are either the holder of those Products or that You have been duly authorised in writing by the holder of those Products to act on their behalf in using Online Investor.

2. When You use Online Investor in respect of a holding in a Fund that is in joint names, You warrant that You are:


  • one of the named joint holders and that You have obtained the consent of all of the other joint holders to act on their behalf in respect of the holding in using Online Investor; or
  • not one of the named joint holders, but You have been authorised by all of the joint holders to act on their behalf in respect of the holding in using Online Investor.

3. When You use Online Investor in respect of a holding in a Fund that is in the name of a company, You warrant that You have been duly authorised by the directors of that company to act on its behalf.

4. You agree to indemnify U Ethical against all liabilities (whether actual, contingent or prospective and whether liquidated or sounding only in damages), losses, damages, costs and expenses (including legal expenses on a full indemnity basis) of whatever description which it suffers or incurs by reason of a breach of any of the warranties set out above.

5. You are solely responsible for the use You choose to make of the information available to You on Online Investor and any unauthorised use of that information undertaken by You or another person accessing Online Investor through your User ID and password, and You accept liability for all losses, damages, costs and other consequences resulting from your use of, or reliance on, information available to you on Online Investor.

6. You acknowledge that all intellectual property rights in Online Investor, including copyright, database rights and trademarks are the property of U Ethical, its related bodies corporate or third parties.

7. You have read and understood these Terms and Conditions and You agree to be bound by them.


Other Matters

Validity

In the event that any part of these Terms and Conditions is not legally enforceable, the remaining Terms and Conditions will not be affected and will remain valid and enforceable.

Governing Law

These Terms and Conditions will be governed by and construed in accordance with the law applicable in the State of Victoria, Australia. You agree that, in the event of a dispute, the courts of the State of Victoria, Australia will have jurisdiction.

Interpretation

Unless the context requires otherwise, in these Terms and Conditions:

  • headings are for convenience only and do not affect interpretation;
  • the singular includes the plural and vice versa;
  • other grammatical forms of defined words or expressions have corresponding meanings;
  • a reference to a 'person' includes partnerships, bodies corporate, associations, governments and governmental and local authorities and agencies; and
  • a reference to the word 'including' or 'includes' is to be construed without limitation to the preceding words.

Please see our Privacy Policy

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