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Website Terms and Conditions

Website Terms and Conditions

Access to website

This website and the copyright in all text, graphics, images, software and any other materials on this website is owned by the ESUPERFUND Pty Ltd (AFSL 340762) as Trustee for ESUPERFUND Trust (ABN 37 842 535 715) ('ESUPERFUND'). You may only use the materials on this website solely for your own personal use and solely for non-commercial purposes.

You may display on a computer screen or print extracts from this website for the above-stated purpose only and without alteration, addition or deletion. Except as expressly stated within these Terms and Conditions, you may not without ESUPERFUNDs' prior written permission alter, modify, reproduce, distribute or commercially exploit any materials from the website.

The names and logos of other companies appearing on this website may be the trademarks of third parties and are used by ESUPERFUND with the permission of their respective owners.

Intellectual property notices

All copyright, database rights, trademarks and other intellectual property rights in the works of authorship ('Contents') contained in this website, including but not limited to all design, text, sound recordings, and images are owned, except as otherwise expressly stated, by ESUPERFUND or a third party. These Contents may or may not be identified with a symbol identifying a name, term or item in which copyright or a trademark is held. The lack of such symbol should not, under any circumstances, be understood as meaning that the Contents are not the intellectual property of either ESUPERFUND or a third party.

Entire agreement

These Terms and Conditions (and, as relevant, the Terms and Conditions of Dealing with ESUPERFUND) contain the entire agreement between you and ESUPERFUND relating to your access and use of the ESUPERFUND website. ESUPERFUND may change these Terms and Conditions at any time and will notify you of such changes by posting an updated version of these Terms and Conditions on the ESUPERFUND website. You are responsible for regularly reviewing these Terms and Conditions and if you use this website after any such changes are published, such use shall constitute your agreement to such changes.

Third party's materials and websites

This website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under ESUPERFUND's direct control and ESUPERFUND accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this website). You acknowledge that ESUPERFUND shall be entitled to require you to remove any link from another website to this website which you install without obtaining ESUPERFUND's prior written consent.

ESUPERFUND's liability

The information and material on this website is provided as general information only and has not been prepared to take account your particular objectives, financial situation or needs and is not suitable to be relied upon as personal financial product advice or legal advice. ESUPERFUND does not and cannot provide you with such service or advice. Therefore, before acting on the information and material on this site, you should consider whether the information and material is appropriate for you, having regard to your objectives, financial situation and needs.

You should seek legal or other professional advice before acting or relying on any information or material on this website, or as provided in the course of using our services. You agree and acknowledge that ESUPERFUND is not a law firm.

Although ESUPERFUND updates its website on a regular basis, it does not warrant that the information or materials contained in the website are current or accurate or that any of products or services featured on the website are available. ESUPERFUND may change the materials appearing on the ESUPERFUND website at any time without notice.

ESUPERFUND is not liable for any damages including, without limitation, damage to your computer or computer system or settings, loss of data, revenue or profits, which you may suffer arising out of your use, delay in using, or inability to access this website, or in any other way connected with this website, including from the downloading of any software from this website. ESUPERFUND disclaims any representation or warranty that the website or materials will meet your requirement or that the website or any software will be uninterrupted, secure or free from errors or viruses.

Indemnity

You agree to indemnify and hold ESUPERFUND, subsidiaries, affiliates, officers and employees not liable for any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by ESUPERFUND or its subsidiaries, affiliates, officers or employees in connection with your use of the website in breach of these Terms and Conditions or negligence.

Your information

In addition to any obligations that you may have if you register to become a Customer of ESUPERFUND, you agree to ensure that all information which you provide to ESUPERFUND is complete and accurate to the best of your knowledge and belief. You agree to notify ESUPERFUND immediately of any changes to the details you have provided to enable ESUPERFUND to keep its records up to date and accurate. The information that you provide about yourself to ESUPERFUND will only be used by ESUPERFUND in accordance with its Privacy Policy and otherwise in accordance with the Privacy Act 1988 and the Australian Privacy Principles (APPs) set out in the Act.

Applicable law

This website (including these Terms and Conditions) shall be governed by Australian Law, in particular the Law of Victoria which will have exclusive jurisdiction over any disputes arising from this website.

Company details

The registration details of ESUPERFUND Pty Ltd and ESUPERFUND Trust are:

ESUPERFUND Pty Ltd

ACN 120 328 770
AFSL No. 340762
Registered office
One Melbourne Quarter, Level 8
699 Collins St
DOCKLANDS VIC 3008

ESUPERFUND Trust

ABN 37 842 535 715
Registered office
One Melbourne Quarter, Level 8
699 Collins St
DOCKLANDS VIC 3008

Regulatory information

ESUPERFUND Pty Ltd is licensed and regulated in Australia by the Australian Securities and Investments Commission.

General Advice Warning

No Advice Express or Implied: The contents of this website are of a general nature only and have not been prepared to take into account any particular investor's objectives, financial situation or particular needs. ESUPERFUND does not provide financial product advice or recommend any financial products either expressly or implied. ESUPERFUND expressly states that it does not recommend, represent as suitable, or endorse any financial product or service available through ESUPERFUND. This applies equally to those financial products which are established for your SMSF when you become a client of ESUPERFUND. Any information provided in relation to any financial product or service available through ESUPERFUND is factual information only about the operation of the account and how data is made available to ESUPERFUND. Where this website refers to a particular financial product then you should obtain a Product Disclosure Statement (PDS) relating to that product and consider the PDS before making any decision about whether to acquire the product. We also recommend that you should seek professional advice (see below) from a financial adviser before making any decision to purchase any financial product referred to on this website. While the sources for the material are considered reliable, responsibility is not accepted for any inaccuracies, errors or omissions.

Seek Professional Advice from a Financial Adviser: ESUPERFUND is a no advice model and does not provide financial, legal or tax advice to clients. We recommend that you seek appropriate professional advice in view of your personal circumstances. A licensed financial adviser will consider your personal situation and make a recommendation suitable to your financial needs. All information detailed on our website is purely factual and is general in nature. Accordingly, you should not rely on it. It should always be remembered that Trustees are legally responsible for all the decisions made even if you obtain advice from a Financial Planner. Whilst a Financial Professional can provide advice and assistance you are ultimately responsible for the Fund.

Fees: Fees relating to operating your SMSF with ESUPERFUND are detailed on our fee page here. When setting up a SMSF it is important to understand that additional fees may apply that must be carefully considered prior to making a decision to setup a SMSF including an ATO Supervisory Levy, Company Trustee Setup Fee (where applicable), and Investment Fees.