News

Defined Term AML/CTF

AML/CTF Laws means the Anti-Money Laundering and Counter- Terrorism Financing Act 2006 (Cth) and subordinate regulations as amended from time to time, and includes guidelines and publications produced by the Australian Transaction Reports and Analysis Centre (or successor organisation) from time to time;

AML/CTF Laws means the requirements of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act) and the regulations made thereunder, including the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) (AML/CTF Rules) or the equivalent international jurisdiction;

New Defined Term Privacy Act

Privacy Act means the Privacy Act 1988 (Cth)

New Defined Term Privacy Policy

Privacy Policy means the AUSIEX Privacy Policy that is on its webpage and updated from time to time.

New Defined Term Sanctioned Individual/Entity

Sanctioned Individual/Entity means Sanctioned Person/Entity?means a person or entity who is: (a) listed on any sanctions list maintained by the United Nations or the Australian Department of Foreign Affairs and Trade (DFAT); (b) residing in or incorporated in countries subjected to Australian government sanctions; (c) known to engage in activities leading to their inclusion on Australian sanctions lists; (d) act on behalf, or for the benefit of, a person or entity listed in sub-clauses (a) – (c);

Clause 2.4

Without limiting our rights under paragraphs (a) to (d), we may terminate or suspend Your access to the Trading Site and the Services for reasons other than the ones mentioned above.

Without limiting our rights under paragraphs (a) to (d), we may terminate or suspend Your access to the Trading Site and the Services for legitimate business purposes other than the ones mentioned above, and will notify you, if we can, as soon as practicable.

Clause 4.10

You authorise and appoint the Participant, each of its directors and employees as Your attorney to enter into any contract or agreement with another party on Your behalf upon receiving Your instructions (such instructions may be given by You electronically and accepted by the Participant in accordance with clause 4.8) to do so. You acknowledge that all liability for such contracts is Yours alone. You will indemnify the Participant against all loss, expense or any other liability in relation to such contracts or agreements

You authorise and appoint the Participant, each of its directors and employees as Your attorney to enter into any contract or agreement with another party on Your behalf upon receiving Your instructions (such instructions may be given by You electronically and accepted by the Participant in accordance with clause 4.8) to do so. You acknowledge that all liability for such contracts is Yours alone. You will indemnify the Participant against all loss, expense or any other liability in relation to such contracts or agreements. If You do not wish to have the Participant act as Your appointed attorney, please contact our Customer Relations team on 1300 135 189 to discuss this further, as we may not be able to continue to provide services to You.

New Clause 4.12

To understand the terms of use for our webChat services please refer to the Privacy Policy available on our website. We request that you do not provide any Personal Information in webChat.

Clause 5.4

If You have been referred to the Participant by a third party (Referrer) for the Participant to provide You with trading, settlement, clearing or other services, You authorise the Referrer to use Your information (including, but not limited to, details of orders placed and trades entered into by You) to calculate any referral fees due to it from the Participant based on trades and services entered into by You by the Participant, and for use by the Referrer in marketing further services to You.

If You have been referred to the Participant by a third party (Referrer) for the Participant to provide You with trading, settlement, clearing or other services, You authorise the Referrer to use Your information (including, but not limited to, details of orders placed and trades entered into by You) to calculate any referral fees due to it from the Participant based on trades and services entered into by You by the Participant.

Clause 6.3

You acknowledge that the transmission speed, format or content of the Information and Derived Information may be changed without any prior notice.

You acknowledge that the transmission speed, format or content of the Information and Derived Information may be changed without any prior notice, due to legitimate business reasons or operational requirements.

Clause 8.1

You release the Participant, the Information Providers and their respective employees and agents from any obligation or liability of any kind to or through You with respect to the transmission, provision, or use of the Services, the Information or Derived Information or any part thereof and, without limiting the generality of the foregoing, for any delays, interruptions, errors or omissions howsoever occasioned, provided that the Participant has acted in good faith and without negligence.

You release the Participant, the Information Providers and their respective employees and agents from any obligation or liability of any kind to or through You with respect to the transmission, provision, or use of the Services, the Information or Derived Information or any part thereof and, without limiting the generality of the foregoing, for any delays, interruptions, errors or omissions howsoever occasioned, provided that the Participant except to the extent resulting from or caused by our negligence, wilful misconduct, fraud or dishonesty.

New Section 11 Anti-Money Laundering and Sanctions

11. ANTI-MONEY LAUNDERING AND SANCTIONS

11.1 You agree that we may delay, block or refuse to process any transaction and give immediate notice to suspend or terminate the service without incurring any liability if we suspect that a transaction:
a. may breach any AML/CTF laws;
b. involves any person/entity that is itself sanctioned or is connected, directly or indirectly, to any person/entity that is sanctioned under the sanctions regime imposed by the United Nation, Australia or any other country, or

c. may directly or indirectly involve the proceeds of, or be applied for the purposes of, unlawful conduct.

11.2 You must provide all information to us which we reasonably require to adhere to jurisdictional requirements in order to manage AML/CTF Laws, Sanction Laws, or to comply with any laws or regulations in Australia or any other country. You agree that we may disclose any information concerning you to any law enforcement, regulatory agency or court where required by any such law or regulation.

11.3 You declare and undertake that the processing of any transaction by us in accordance with your instructions won’t breach any laws or regulations in any country.

Clause 2.7

You acknowledge that the Participant reserves the right to terminate or suspend Your Account at any time, without prior notice, if, for example, we suspect that:
a. Your Account has been accessed fraudulently;
b. You are a Proscribed Person;
c. You have attempted market manipulation; or
d. You have committed fraudulent, illegal or unauthorised dealings on Your Account.
Without limiting our rights under paragraphs (a) to (d), we may terminate or suspend Your access to the Trading Site and the Services for reasons other than the ones mentioned above.

You acknowledge that the Participant reserves the right to terminate or suspend Your Account at any time, without prior notice, acting reasonably in relation to ongoing compliance with a regulatory requirement or law, or where it is necessary to protect the Participant's legitimate interests; or its is reasonable in the circumstances to do so if, for example, we suspect that:
a. Your Account has been accessed fraudulently;
b. You are a Proscribed Person;
c. You have attempted market manipulation; or
d. You have committed fraudulent, illegal or unauthorised dealings on Your Account.
Without limiting our rights under paragraphs (a) to (d), we may terminate or suspend Your access to the Trading Site and the Services for reasons other than the ones mentioned above.

Clause 2.12

We do not enter into trades with You on our behalf, except to close out an error position. We may trade with You on behalf of one of our related body corporates.

We do not enter into trades with You on our behalf, except to close out an error position. We may trade with You on behalf of one of our related body corporates. You acknowledge that:
(a) the Participant may enter into Transactions in securities and other financial products as "Principal" (as defined in the ASX Rules). Where required by law or pursuant to clause 2.12, the Participant may take the opposite position in such a Transaction with You, acting either for another client or on its own account.
(b) You consent to the Participant entering into such Transactions with You. In relation to the commissions on such Transactions:
(i) the Participant is entitled to receive commission from both parties where Your Order matches an existing order placed by another client of the Participant; and
(ii) You consent to the Participant charging You a commission, where You are a wholesale client (as defined by the Corporations Act) and Your Order matches an existing order placed by the Participant as a principal trade.

Clause 5.12

You authorise the Participant to record any telephone communications between Yourself, Your authorised representative and the Participant, with or without an audible tone-warning device. You acknowledge that any recording is the Participant’s property and that the Participant reserves the right to charge You a cost recovery fee for access to a recording. You shall record all relevant details of any conversation You have with us, including the name of the operator and the date and time of the call, and You acknowledge that the Participant will ask You for this information when You seek access to a recording.

You authorise the Participant to record any telephone or written communications between Yourself, Your authorised representative and the Participant, with or without an audible tone-warning device. You acknowledge that any recording or written communication is the Participant’s property and that the Participant reserves the right to charge You a cost recovery fee for access to a recording or written communication. You may wish to record all relevant details of any conversation You have with us, including the name of the operator and the date and time of the call, and You acknowledge, if you have the information available, that the Participant may ask You for this information, to assist us when You seek access to a communication. If You do not wish to have Your call recorded, please advise our customer service representative who will discuss alternative communication option with You.

Clause 7.1

You will pay the Participant brokerage fees and charges as specified by the Participant from time to time; and reimburse the Participant for any fees, taxes, consumption or value-added tax, stamp duty or any other charges levied in relation to each transaction. The Participant reserves the right to vary such fees and charges, and method of charging, at any time and without prior notice.

You will pay the Participant brokerage fees and charges as specified by the Participant from time to time; and reimburse the Participant for any fees, taxes, consumption or value-added tax, stamp duty, domestic and foreign taxes (if applicable) or any other charges levied in relation to each transaction. The Participant reserves the right to vary such fees and charges, and method of charging, at any time and without prior notice, acting reasonably in relation to ongoing compliance with a regulatory requirement or law; or where it is necessary to protect the Participant's interests; or it is reasonable in the circumstances to do so.

Clause 9.3

If You fail to settle by settlement date for any transaction arising from Your instructions, You agree to pay to the Participant on demand interest on any outstanding amount arising from the failure at the overdraft interest rate as varied by the Participant from time to time. You also agree to pay any fail fees arising from the failure to settle.

If You fail to settle by settlement date for any transaction arising from Your instructions, You agree to pay to the Participant on demand interest on any outstanding amount arising from the failure at the overdraft interest rate as varied by the Participant, for legitimate business purposes from time to time. You also agree to pay any fail fees arising from the failure to settle.

Clause 11.1

You acknowledge that the systems used in the market or at the Participant are vulnerable to disruptions or failure, which may result in Your order not being executed or delayed according to Your instructions. You release the Participant from any loss, damage or liability that You may suffer or incur by reason of or in connection with any such disruption or 15/25 failure provided that the Participant has acted in good faith and without negligence.

You acknowledge that the systems used in the market or at the Participant are vulnerable to disruptions or failure, which may result in Your order not being executed or delayed according to Your instructions. You release the Participant from any loss, damage or liability that You may suffer or incur by reason of or in connection with any such disruption or failure provided that the Participant has acted in good faith and without wilful misconduct, dishonesty or negligence.

Clause 13.1

Any notice given, or demand made by the Participant, may be made by facsimile, by post or by email to the last notified address, facsimile number or email address as the case may be. Such notice or demand shall be deemed to have been received.
a. if given by post will be deemed to have been received on the fifth Business Day following posting;
b. if given by facsimile, will be deemed to have been received upon production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient;
c. when sent by email, one hour after the Participant sends it; and
d. if given to us by email will be deemed to have been received upon being opened by us.

Any notice given, or demand made by the Participant, may be made by post or by email to the last notified address, facsimile number or email address as the case may be. Such notice or demand shall be deemed to have been received.
a. if given by post will be deemed to have been received on the fifth Business Day following posting;
b. when sent by email, one hour after the Participant sends it; and
c. if given to us by email will be deemed to have been received upon being opened by us.

Clause 28

Without limiting our rights under paragraphs (a) to (f), we may from time to time change any of the terms and conditions for reasons other than the ones mentioned above (e.g. due to unforeseen events).

Without limiting our rights under paragraphs (a) to (f), we may from time to time vary any of the terms and conditions for reasons other than the ones mentioned above, acting reasonably in relation to ongoing compliance with a regulatory requirement of law; or where it is necessary to protect the Participant’s interests (e.g. due to unforeseen events).

Terms and Conditions of Sponsorship Agreement

Clause 11

Sometimes it may be necessary to send your information overseas – for example, where we outsource functions overseas, where we need to complete a transaction on your behalf or where this is required by laws and regulations in Australia or in another country. See our Privacy Policy for more information.

Sometimes it may be necessary to send your information overseas – for example, where we outsource functions overseas, where we need to complete a transaction on your behalf or where this is required by laws and regulations in Australia or in another country. See our Privacy Policy for more information. Our Privacy Policy will be relevant to you, in addition to any privacy policy of any of our third-party service providers. Our third-party service provider's privacy policy relates to how your Personal Information is collected, handled and disclosed by them. For further information on how to access to our third-party service providers and/or their privacy policy, please contact our Customer Relations team on 1300 302 449.