DOCUMENT CUSTODY DISCLAIMER
Please note that the following conditions apply to the use of Perpetual's Document Custody Online Transaction Request Service:
You represent and warrant that:
(a) you are an Authorised Signatory of the program;
(b) you will print, sign and forward a Fund Request Report each Monday (or next business day) for the previous weeks' instructions to the nominated Perpetual officer and office address as agreed;
(c) if you are a solicitor, you have received an instruction from the relevant Fund Manager to act on behalf of Perpetual;
(d) the information you supply to Perpetual is true and correct; and you indemnify and Perpetual for any costs that have been incurred as a result of any incorrect information supplied to Perpetual Trustees.
The following terms and conditions apply in addition the four listed above (as amended from time to each a "Condition" together the "Conditions"). By accessing this site and any pages thereof, you agree to be bound by the Conditions and agree that they apply to all services, information, programs, material and products (excluding any services, information, programs, material and products in respect of which you specifically agree to be bound by terms and conditions other than the Conditions) that you use or access through this site or any site linked to this site (the "Content"). In addition, by using this site, you represent that you have the capacity to be bound by the Conditions.
If you are a corporation, by using Perpetual's Document Custody Online Transaction Request Service and logging onto the system, you represent and warrant to Perpetual Trustees Australia Limited, its related bodies corporate and their respective directors, officers, employees, agents, contractors and consultants (collectively, "Perpetual") that you are the entity whose details have been specified in the registration process, and that the individual who accepts the Conditions on your behalf is your duly authorised representative, having the power and authority to bind you to the Conditions. If you are an individual, by using Perpetual's Document Custody Online Transaction Request Service,
you represent and warrant to Perpetual that you have unconditionally and without reservations accepted the Conditions. Acceptance of the Conditions will be deemed to be as effective as execution of an agreement by a written signature performed manually by you, and the Conditions shall be deemed to the fullest extent possible to satisfy any requirements of any applicable law for the Conditions to be in writing. Perpetual's electronically stored copy of the Conditions shall be deemed to be the true, valid, authentic and enforceable copy of such agreement. You agree not to contest the admissibility or enforceability of Perpetual's copy of the Conditions in a court or for any proceedings which may arise out of such agreement.
If you do not wish to be bound by the Conditions, you should not use Perpetual's Document Custody Service and Online Reporting Request Service, and you should not log onto the system. Each time you log onto the system, you acknowledge that you have read and understood all of the Conditions and agree to be bound by them.
No Warranties or Representations; Limitation of Liability:
Perpetual makes no representation and gives no warranty, express or implied, as to the accuracy, reliability, currency or completeness of the Content which is provided on a "as is", "as available" basis. Perpetual expressly excludes (to the fullest extent possible at law) all warranties and representations of any kind, including, without limitation, any implied warranty that the Content (including Third Party Content (as defined below)) provided by Perpetual will not result in an infringement of third party rights including, but not limited to, intellectual property rights.
Except to the extent that any liability cannot be excluded under any statute, Perpetual accepts no liability (whether arising in contract, tort, negligence or otherwise) for any error in or omission from the Content (whether occurring in its production, compilation, publication or otherwise) or for any loss or damage (whether direct, indirect, incidental, special, express, implied, consequential or otherwise) suffered by you or any other person as a result of any negligent act or omission by Perpetual arising out of, or in connection with, the Content provided. Where liability cannot be excluded, Perpetual limits such liability to the maximum extent permitted by law.
Risk of Falsification of Content etc:
While Perpetual endeavours to provide the Content in a secure format, the potential exists for the falsification or alteration of the Content after it has been published on this site by third parties beyond the control of Perpetual. Perpetual does not warrant and cannot ensure the security of any information transmitted to it (which you do at your own risk). You must take your own precautions to ensure that you are not exposed to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system in using this site or the site of any third party linked to this site. Perpetual makes no representations or warranties in relation to those risks and accepts no responsibility for any damage relating to such risks. You indemnify Perpetual against all liability incurred by Perpetual in connection with a failure of this Condition by you or where relevant, any of your directors, officers, employees, agents, contractors and consultants.
Reliance on Content at Own Risk:
Any reliance on the Content is entirely at your own risk. The Content is provided in good faith and is believed to be accurate at the time of compilation. You must not rely on it as being complete, accurate or current at any time. Perpetual is not obliged to notify you or publish any notice of amendment if it becomes aware of any change to, inaccuracy in or omission from the Content.
Perpetual has no legal obligation to make the Content available to you and reserves the right at any time and without prior written notice, to discontinue such publication. Perpetual is not responsible for (and will not have any liability in respect of) any delays or interruptions in providing the Content for whatever cause. You expressly acknowledge that such delays and interruptions may occur.
Links to Third Party Websites:
Copyright and other Intellectual Property:
Copyright in the Content (including text, graphics, logos, icons, images, sound recordings and software) is owned or licensed by Perpetual. You are not permitted to adapt, reproduce, distribute, display, communicate, perform or publish any Content and any derivative works, without our prior written permission. You must not create any derivative works from any Content for any other purposes, or commercialise or provide to any third party any Content or any derivative works, without our prior written permission. The posting of any Content does not constitute a waiver of any of Perpetual's proprietary rights in or related to such Content (such as, but not limited to, patents, copyrights and trademarks) or a transfer of any such rights to you or any third party. The Content is protected by Australian and international copyright laws, both as individual works and as a collection.
You indemnify Perpetual against all liability incurred by Perpetual for any direct or indirect breach of Perpetual's proprietary rights (including without any limitation, any patent copyright or trade mark) held by Perpetual.
No Unlawful or Prohibited Use:
As a condition to the provision of Content to you, you represent and warrant to Perpetual that you will not use the Content for any purpose that is unlawful or prohibited by the Conditions. You indemnify Perpetual against all liability incurred by Perpetual in connection with a failure of this Condition by you or any of your directors, officers, employees, agents, contractors and consultants.
This site is controlled, operated and administered by Perpetual from its offices in Sydney, Australia. There are legal requirements in various countries which may restrict the information which Perpetual is lawfully permitted to provide to you. Accordingly, the Content is provided for Australian residents and not residents of other locations. Perpetual makes no representation that the Content is appropriate for use, or that the provision of the Content is permitted, in any other location. The provision of the Content is conditional upon you being an Australian resident. You are responsible for ensuring that your access to this site and the Content is not illegal or prohibited by any laws applicable to you. You indemnify Perpetual against all liability incurred by Perpetual in connection with a failure of this Condition by you or any of your directors, officers, employees, agents and consultants.
Confidentiality of Username and Password:
You must maintain the confidentiality of the username and password you use to access this site and you acknowledge that your username and password is secret and confidential.
The Conditions are governed by the laws in force in New South Wales, Australia, and you submit to the exclusive jurisdiction of the courts of New South Wales, Australia and any courts of appeal in respect of any proceedings in connection with the Conditions, the Content or the Investor Services.
Termination without Notice:
Your ability to access this site may be terminated at any time by Perpetual without notice. The Conditions will survive such termination.
Perpetual reserves the right to modify the Conditions and the Contents without notice. Perpetual may do so by posting changes to the site.
The provisions of the Conditions are severable. If any provision of the Conditions is determined to be unenforceable by a court of competent jurisdiction, such unenforceability will not affect any other provision of the Conditions, and the Conditions will be construed as if such unenforceable provisions had not been contained herein. No waiver by Perpetual of any right under, or provision of, the Conditions will be deemed to be either a waiver of any other such right or provision or a waiver of that same right, or provision, at any other time.
Any rights not expressly granted herein are reserved.
By logging into the system you are accepting the above Conditions.