Terms and Conditions
WARNING: This Website and communications herein are only directed to Australian wholesale clients within the meaning of section 761G of the Corporations Act 2001 (Cth). If you are not an Australian wholesale client, you should not access, use or rely on this Website.
This Website is owned and operated by Affiliated Managers Group, Inc.(AMG) and Affiliated Managers Group Pty Ltd ACN 123 448 984 (AMG Pty Ltd). References in this Website to “we”, “us” and “our” refer to each or both of AMG and AMG Pty Ltd as appropriate.
AMG Pty Ltd provides financial services in Australia as a representative of the regulated investment advisers (Affiliates) listed on this Website. AMG Pty Ltd may represent Affiliates other than those listed as Participating Affiliates in this Website. As such, the list of represented Affiliates may differ from the list of Participating Affiliates.
Information provided on this Website:
- is intended for Australian wholesale clients only and may not comply with non-Australian laws;
- is of a general nature and does not take into account a user’s individual circumstances, financial needs or objectives.
Certain Affiliates rely on ASIC Class Orders 03/1100, 03/1099, 03/1102 or an equivalent instrument, which exempts them and their representatives from the requirement to hold an Australian financial services licence under the Corporations Act 2001 (Cth) in respect of financial services provided by them or their representatives to Australian wholesale clients. The Affiliates and their representatives are regulated by the United States Securities and Exchange Commission (SEC) under the laws of the US, by the UK Financial Conduct Authority (FCA) under the laws of the UK or by the Monetary Authority of Singapore (MAS) under the laws of Singapore, which differ from the applicable laws in Australia.
Application of Terms and Conditions
Please read the following terms and conditions of use carefully before using this Website. By using this Website, you acknowledge that you have read these terms and conditions of use, together with any other terms and conditions, notices and disclaimers contained elsewhere on the AMG Pty Ltd Website (as posted from time to time) and that you understand them, and that you accept and agree to be bound by them. If you do not accept and agree to these terms and conditions of use, promptly exit this Website. AMG Pty Ltd may, at any time and at its sole discretion and without notice, revise these terms and conditions by updating this posting. Therefore, you should periodically visit this page to review the current terms and conditions.
Information and Accuracy
AMG Pty Ltd believes that the information on this Website has come from reliable sources, but it does not guarantee its completeness, accuracy or suitability for any purpose. The information contained within AMG Pty Ltd’s Website is current only as of the date of the most recent update, or if no update information has been provided, the date of issuance. Users are strongly encouraged to check the date this Website and any information contained within, or linked to, AMG Pty Ltd’s Website was last updated. AMG Pty Ltd cannot guarantee that the material on this Website has not been affected by technical malfunctions or unauthorized tampering.
The materials on this Website are subject to change without notice.
THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AMG PTY LTD, AMG AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THIS WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEBSITE OR ANY LINKED SITE. FURTHER, AMG PTY LTD, AMG AND THE AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AMG PTY LTD, AMG AND THE AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
AMG PTY LTD, AMG AND THE AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
AMG Pty Ltd, AMG and the Affiliates are not responsible for any damages whatsoever, and in particular, AMG Pty Ltd, AMG and the Affiliates shall not be responsible for direct, indirect, special, punitive, incidental, or consequential damages, or damages for lost profits, loss of revenue, loss of use, lost data, lost opportunity, or any other commercial or other damages, arising out of or related to the use, reliance on, inability to use, performance, or non-performance of the information, data or merchandise that appears on, or is linked or related in any way to this Website, whether such damages arise from contract, negligence, tort, or otherwise, even if AMG Pty Ltd, AMG and or any of the Affiliates have been advised of the possibility of such damages. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE TO USE IT.
Scope of information
AMG Pty Ltd is not in the business of providing investment advice and shall have no liability whatsoever for any investment decisions or the results of any investments made by a user of this Website. Nothing contained in this site constitutes investment advice. Neither the information, nor any opinion contained in this site constitutes a solicitation or offer by AMG Pty Ltd, AMG or the Affiliates to buy or sell any securities, futures, options or other financial products, or offer investment advisory services, nor shall any financial products be offered or sold or investment advisory service offered to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the laws of such jurisdiction. Decisions based on information contained in AMG Pty Ltd’s site are the sole responsibility of the user.
Any reference to past performance of a financial product is intended for general illustrative purposes only and should not be relied upon as an indication of future performance.
You represent, warrant, and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through this Website any materials which (i) restrict or inhibit any other user from using and enjoying this Website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
You hereby agree to indemnify, defend and hold AMG Pty Ltd, AMG, the Affiliates and all of their officers, directors, partners, members, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability, losses, costs, charges and expenses incurred by any of the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions of use or any of the representations, warranties and covenants made by you herein, including, without limitation, all legal fees and costs. You shall cooperate as fully as reasonably required or requested in the defence of any claim. AMG Pty Ltd reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of AMG Pty Ltd.
Security and confidentiality
Electronic mail submitted to this site should be considered neither secure nor confidential. AMG Pty Ltd makes no representation whatsoever concerning the security or confidentiality of your electronic messages and specifically makes no representation that any electronic messages submitted through this Website will be received by AMG Pty Ltd. Furthermore, any communications or material you transmit to AMG Pty Ltd’s Website by electronic mail or otherwise, including, but not limited to, data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and will become the property of AMG Pty Ltd. Such communications or materials may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Further, AMG Pty Ltd may monitor your use of the Website, and AMG Pty Ltd reserves the right to use any ideas, concepts, know-how, or techniques contained in any electronic communication you send to this Website for any purpose whatsoever. You hereby waive all rights to any claim against AMG Pty Ltd for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications.
AMG Pty Ltd does not and cannot review all materials posted to the Website by users, and AMG Pty Ltd is not responsible for any such materials posted by users. Nevertheless, AMG Pty Ltd reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in AMG Pty Ltd’s sole discretion are objectionable or in violation of these terms and conditions of use.
You acknowledge that you are aware that by using this Website you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, or other security or privacy hazards. YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED FROM AMG PTY LTD, AMG OR THE AFFILIATES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES WHATSOEVER ARISING FROM THE DOWNLOAD OR OTHER ACQUISITION OF SUCH CONTENT OR SOFTWARE. AMG PTY LTD, AMG OR THE AFFILIATES WILL NOT BE RESPONSIBLE IF ANY SOFTWARE OR CONTENT INFECTS OR CONTAMINATES A USER’S SYSTEM OR INFORMATION.
Other than as expressly provided in these terms and conditions of use, your use of this Website does not create a licence or any other rights in trademarks, service marks, copyrights, patents, trade secrets or any other intellectual property or proprietary rights of AMG Pty Ltd, AMG or any of the Affiliates. The content of this Website (the “Content”) is only for your personal use for internal business purposes. All materials contained on this Website are protected by copyright, and are owned or controlled by AMG Pty Ltd, AMG or the Affiliates or the party credited as the provider of the Content (if any). You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on this Website. You may download and make one copy of the Content and other downloadable items displayed on this Website for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal use for internal business purposes is expressly prohibited without the prior written consent of AMG Pty Ltd or the copyright holder identified in the individual Content’s copyright notice. You may not use, publish, display, disclose, rent, lease, modify, loan, distribute, transmit, reuse, repost any of the Content or create derivative works based on the Content, the Website or any part thereof.
“Affiliated Managers Group” is a service mark registered with the United States Patent and Trademark Office. The names of the Affiliates and their funds and products are service marks and/or trademarks of the respective firms. The trade and service marks and trade dress of AMG Pty Ltd, AMG and the Affiliates may not be used in connection with any product or service not owned or explicitly sanctioned by AMG Pty Ltd, AMG or the relevant Affiliate, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AMG Pty Ltd, AMG or any of the Affiliates. Any trade and service marks not owned by AMG Pty Ltd, AMG or an Affiliate that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by AMG Pty Ltd, AMG or the Affiliates.
If you provide us with your personal information via electronic communication or otherwise, then it may be held and processed by us and other organisations who perform activities on behalf of AMG Pty Ltd or AMG, in order to answer your queries, or for the purposes specified in the relevant part of the Website and for other purposes for which you give your consent. The holding and processing of data may take place outside of Australia but will be subject to appropriate data protection safeguards.
Links to third party websites
Links to third-party websites through so-called “hyperlinks” are provided by AMG Pty Ltd as a convenience. AMG Pty Ltd does not control these sites and is not responsible for the content, update or accuracy of these sites. AMG Pty Ltd does not endorse or make any representations about the companies, products, or materials accessible through these hyperlinks, or the security of such websites. If you opt to hyperlink to other websites accessible through AMG Pty Ltd’s Website, you do so entirely at your own risk. Further, no representation or warranty is provided for any software that you may download from a link from this Website.
The conditions of use and other terms, notices and disclaimers appearing on the AMG Pty Ltd Website is governed by the law in force in the state of New South Wales. 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.
You hereby acknowledge that these terms and conditions of use, as modified from time to time, constitute the entire agreement between AMG Pty Ltd and you with respect to your use of this Website. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of the terms and conditions of use shall continue in full force and effect.
Copyright © 2019 Affiliated Managers Group, Inc. All Rights Reserved.