Conditions of Use

Application of Conditions of Use

In these Conditions of Use, the Fidante Partners public site, the Fidante Partners Investor login site and the Fidante Partners Adviser login site  are collectively referred to as the Fidante Partners Websites, and Fidante Partners Limited, Fidante Partners Services Limited  and their related bodies corporate, are collectively referred to as Fidante Partners.

These Conditions of Use, together with any other terms, notices or disclaimers contained elsewhere on the Fidante Partners Websites, govern the supply of material on, use of and access to the Fidante Partners Websites. By accessing the Fidante Partners Websites, you agree to be bound by these Conditions of Use and any modifications, from time to time, of them.

Information and Accuracy

Information provided on the Fidante Partners Websites:

  • except as otherwise stated, is intended for Australian and New Zealand residents only and may not comply with the laws of other jurisdictions outside Australia and New Zealand;
  • the pages referencing investment managers based in the United Kingdom are intended for United Kingdom and European residents only;
  • is of a general nature and does not take into account your individual circumstances, financial situation or needs or particular investment objectives;
  • is not intended to be investment advice nor a recommendation or statement of opinion about any particular financial product or class of financial products. As a result, it should not be relied upon in acquiring any product or service offered by Fidante Partners; and
  • is provided in good faith and derived from sources believed to be accurate and current at the date of publication.

Fidante Partners does not guarantee the accuracy, adequacy or completeness of information on the Fidante Partners Websites or that those websites are otherwise free from error, omission or other defect. Fidante Partners reserves the right to change any information provided on Fidante Partners Websites without notice. Fidante Partners does not guarantee that your use of the Fidante Partners Websites will be uninterrupted, timely or secure.

Unless otherwise specified, all references to currency are to Australian dollars.

Fidante Partners Product Information

Each Fidante Partners product has its own unique features and risks (which include possible loss of money invested and fluctuating investment returns). These particular features and risks are set out in the relevant product disclosure statement (PDS) or other offer document (as the case may be). You should always consider whether or not a particular Fidante Partners product is appropriate for you in light of your particular needs, objectives and financial circumstances. In particular, you should:

  • understand the relevant product's features and risks;
  • seek independent advice (particularly about such individual matters as taxation, retirement planning and investment risk tolerance); and
  • read the relevant current PDS or other offer document relevant to the Fidante Partners product,

when making an investment decision. All such PDSs or offer documents are available free of charge on this website or by contacting your financial adviser or Fidante Partners by calling our Investor Services team on 13 35 66 or visiting our website www.fidante.com.au.

All offers for Fidante Partners products are contained in the relevant PDS or other offer document (as the case may be) and not on the Fidante Partners Websites. All applications for Fidante Partners products, unless otherwise expressly stated in the applicable PDS or offer document, must be made by Australian residents only and must be made using an application form attached to or accompanying the current PDS or other offer document relevant to that product.

Not all products and services referred to on the Fidante Partners Websites are issued or provided by the same Fidante Partners entity. Offers are made by the relevant product issuer, which will be a member of the Challenger Limited Group. The product issuer is identified in the PDS or other offer document for each Fidante Partners product. All statements made in relation to a particular Fidante Partners product or class of Fidante Partners product on the Fidante Partners Websites are made by the issuer of that Fidante Partners product.

Your Conduct

You warrant that when accessing and using the Fidante Partners Websites you will not use any part of the website for any purpose that is unlawful or prohibited by these Conditions of Use or any other term, notice or disclaimer appearing on the Fidante Partners Websites. You also agree to not use the Fidante Partners Websites in any way that interferes with other users.

You agree to not breach or circumvent, or attempt to breach or circumvent, any security measures on the Fidante Partners Websites (including 'hacking' those websites) or attempt to obtain access to secure or member parts of the Fidante Partners Websites without prior authorisation.

Fidante Partners retains the right to monitor your use of the Fidante Partners Websites and suspend or cancel further access at any time in its absolute discretion. Fidante Partners Europe does not offer products to the general public.

Copyright and Trademarks

The material on the Fidante Partners Websites is protected by copyright. You may only use this material for your own personal reference. You must not otherwise use, reproduce, publish, modify, distribute, link, frame, transmit in any form or by any means, electronic or mechanical, for any purpose, any of the material on the Fidante Partners Websites, except with the prior written permission of Fidante Partners.

Trademarks used on the Fidante Partners Websites are the property of Fidante Partners or third parties with which Fidante Partners has an association. You must not use a trade mark used on the Fidante Partners Websites without the prior written consent of the owner of that trade mark.

Software

Fidante Partners grants users of Fidante Partners Websites (included, but not limited to, investors and financial advisers) a non-transferable licence in relation to the Fidante Partners Websites, including any files, images, tables and data incorporated in or generated by the software, and the data accompanying the software (collectively the 'software') necessary for the purposes of your use of the Fidante Partners Websites.  Fidante Partners may decide to incorporate a fee for use of the software, which may be advised from time to time.

Links to Third Party Websites and Information Regarding Third Parties

The Fidante Partners Websites may contain hyperlinks and other pointers to websites operated by third parties and information given by a third party regarding their purpose, function and service (Information). These linked websites are not under Fidante Partners's control, and Fidante Partners is not responsible for the contents of any linked website or any hyperlink contained in a linked website and the content of any Information provided on the Fidante Partners Website. Fidante Partners provides these hyperlinks and Information as a convenience only, and the inclusion of any link and Information does not imply any endorsement of the linked website or third party by Fidante Partners. You agree to access any such third party website entirely at your own risk.

Limitation of Liability

You agree that your use of the Fidante Partners Websites and reliance on any information contained on those Websites is entirely at your own risk. To the extent permitted by law, Fidante Partners excludes all liability for any loss or damage (including indirect or consequential loss or damage) you or any other person suffers in connection with your use of the Fidante Partners Websites, including your reliance on any information contained on the Fidante Partners Websites.

Fidante Partners' liability for breach of any warranty or condition implied by law that cannot be excluded is limited, at Fidante Partners' option, to:

- in the case of services supplied or offered by Fidante Partners:

  • the re-supply of those services; or
  • the cost of having those services re-supplied; and

- in the case of goods supplied or offered by Fidante Partners:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods; or
  • the cost of having the goods replaced or repaired.

Governing Law

These Conditions of Use and other terms, notices and disclaimers appearing on the Fidante Partners Websites are governed by the laws in force in the state of New South Wales Australia. You agree to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these online Conditions of Use.

Conditions of Access

Access to Fidante Partners AdviserOnline and InvestorOnline are subject to the Fidante Partners website general Conditions of Use, and by accessing AdviserOnline or InvestorOnline you agree to be bound by both the general Conditions of Use as well as these Conditions of Access, as well as any modifications of them. In these Conditions of Access, Fidante Partners Limited, Fidante Partners Services Limited and their related bodies corporate, are collectively referred to as Fidante Partners.

The security arrangements for AdviserOnline and InvestorOnline provide that they may only be accessed by authorised advisers or investors in Fidante Partners. Accordingly, by accessing AdviserOnline or InvestorOnline, you agree:

  • that you are an authorised adviser for or investor in, Fidante Partners products to use AdviserOnline or InvestorOnline only for the purpose of accessing information that you are properly authorised to access;
  • that you will use AdviserOnline and InvestorOnline only in accordance with these Conditions of Access and any other legal obligations that you may be required to comply with;
  • that we may permit anyone to use AdviserOnline or InvestorOnline (including accessing account information and making transactions) provided they use a valid User ID and Password, whether such use was authorised by you or not;
  • to provide us with such assistance as we may require in making such security checks as and when Fidante Partners considers necessary; and
  • that we may withdraw or restrict your AdviserOnline or InvestorOnline access at any time.

In addition, in terms of personal information and access details, you agree:

  • to keep your User ID and Password confidential and not to disclose them to anyone;
  • to not record your User ID and Password in the same place or in a manner in which confidentiality could be compromised;
  • to notify Fidante Partners immediately if you believe that the security of your User ID or Password has been compromised or if AdviserOnline or InvestorOnline has been accessed by an unauthorised person; 
  • to tell Fidante Partners if your contact and account details change, or in the case of advisers if the contact and account details of any client changes; and
  • that any instructions for using AdviserOnline or InvestorOnline provided to you or posted on this website from time to time, form part of these Conditions of Access.

If you are an adviser, you also agree:

  • to only delegate access to AdviserOnline in accordance with your legal obligations, including your obligations under the Privacy Act 1988 (Cth); 
  • when providing personal information to Fidante Partners in connection with the acquisition or the continued holding of a Fidante Partners product, to inform your clients that any personal information provided within quoting tools, calculators or online application forms will be handled in accordance with Fidante Partners Privacy Policy (available at www.fidante.com.au); and
  • unless otherwise provided for in an agreement between Fidante Partners and a third party, to immediately advise us of any change to, or termination of, your proper authority, licence or status as an authorised representative or authorised officer of your company.

Security

Fidante Partners takes all reasonable steps to protect the personal information held about you and/or your clients (where applicable) from misuse and loss and from unauthorised access, modification or disclosure.  In connection with this, AdviserOnline and InvestorOnline have incorporated a number of physical and technological features to ensure the security of the information accessed, these features being the subject of ongoing independent reviews and audit to ensure they are in line with industry best practices.

Whilst using AdviserOnline or InvestorOnline services, all communications between your web browser and Fidante Partners will utilise SSL encryption.