Website Terms of Use

2. Terms and Conditions of Use

2.1. Please read the Terms carefully. We reserve the right to amend the Terms from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to the Terms, which shall come into effect once posted. Your continued use of the Website will be deemed acceptance of the Terms.

2.2. We are a company incorporated in Australia, and the Terms and Conditions are governed by and subject to the laws of New South Wales, Australia.

2.3. If you do not agree to the Terms, you must not use or access the Website.

3. Use of our contact details

3.1. The publication on our Website of any person's contact details does not constitute implied or express consent by us or the person to receive unsolicited commercial electronic messages or SPAM.

4. Limitations on Use

4.1. You may not reverse engineer, rent, disassemble, lease, decompile, loan, sell, sublicense, or create derivative works from the Website or the user content. Nor may you use any network monitoring or discovery software to determine the Website architecture, or extract information about usage, individual identities or users.

4.2. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website or the user content without our prior written permission.

5. General advice warning

5.1. You should not act, or refrain from acting solely on the basis of the material contained on this Website. Your access to this Website does not, of itself, create an adviser-client relationship between you and us.

5.2. Material on this Website does not constitute a solicitation or inducement to invest in any financial products or services offered by us.

5.3. Any advice included in this Website has been prepared without taking into account your objectives, financial situation or needs. You should consider our Product Disclosure Statement before making any decision about whether to acquire the product described in that document.

6. Access and Security

6.1. We do not warrant that you will have continuous access to the Website or that your access or use will be error-free.

6.2. We will not be liable in the event that the Website is unavailable to you for any reason (for example, due to computer downtime attributable to malfunctions, upgrades, server problems, preventative or remedial maintenance activities or interruption in telecommunication supplies.)

6.3. We reserve the right at any time to:

• 6.3.1. Deny or terminate all or part of your access to the Website where in our opinion, there are concerns regarding unreasonable use, security or unauthorised access or where you have breached any of these Terms; or
• 6.3.2. Block or suspend your account, remove your default settings, or part thereof, without prior reference to you.

7. Intellectual Property Rights

7.1. Fokal is the owner and/or authorised user of all database rights, trademarks, service marks, design marks, copyrights, patents and all other intellectual property appearing on or contained within the Website, unless otherwise indicated. All information, text, material, graphics, software and advertisements on the Website are the copyright of Fokal its suppliers and licensors unless expressly indicated otherwise by Fokal.

7.2. Except as provided in the Terms, use of the Website does not grant you any right, title, interest or license to any such intellectual property you may access on the Website.

7.3. We own the rights, or have permission to use, the trademarks listed on our Website. You are not authorised to use any of those trademarks without our written consent – to do so would be a breach of our or another party's intellectual property rights.

7.4. Alternatively, we may authorise you to use content on our Website if you contact us and we agree in writing.

8. Can you link to our Website?

8.1. You are welcome to link to our Website as long as you observe the following conditions:

• 8.1.1. You present the links in a way which fairly represents our role as a financial services firm. They must not cause us embarrassment;
• 8.1.2. The context of the link must not suggest that we endorse you in any way, or have any connection with your site; and
• 8.1.3. The context of the link must not suggest that we have created any of your content.

9. Links to other sites

9.1. The Website may contain links to other websites (Linked websites). Those links are for convenience only and we are not responsible for the content or practices associated with Linked websites.

9.2. Our link with a Linked website is not an endorsement, approval or recommendation of those linked websites.

10. Disclaimer and Limitation of liability

10.1. We cannot guarantee the safety or security of your computer systems. We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Website or user content.

11. Indemnification

11.1. You agree to indemnify Fokal and its associates from losses arising from violations of these Terms.

12. Third Party Rights

Third-party beneficiaries may enforce certain provisions directly against users.

13. Unlawful Activity

Fokal reserves the right to investigate and act upon unlawful activities reported.

14. Confidentiality and Privacy

Your personal information is governed by Fokal Privacy Policy.

15. Severability of Provisions

Invalid provisions do not affect remaining terms.

16. Termination

Fokal may terminate your access and these Terms at any time, with restrictions surviving termination.