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Website Terms and Conditions
1. The Site
Please read the details set out below carefully
before using this Site. By accessing this Site, you agree to be
bound by the following terms and conditions and disclaimers (the
"Terms"). You and we agree that the Terms are legally binding between
you and us and that your use of the Site is subject to the Terms.
This website has been approved for issue and access
in Australia by Daiwa Securities SMBC Australia Limited.
If you choose to enter this website from outside
the Australia, you are advised that it may not be legal in that
jurisdiction for you to access or use the facilities available on
the Site. Daiwa Securities SMBC Australia Limited will not be liable
for any breach of local law or regulation that you may commit as
a result of accessing the Site.
2. Use of the Site
All products and services of Daiwa Securities SMBC
Australia Limited are subject to the terms and conditions and disclaimers
of the applicable agreement governing their use. The products and
services are not available to private customers.
These Terms are to be read by you together with
any terms, conditions and disclaimers provided in the pages of this
Site and any other segments of the Site accessible only by password.
The information, material and content provided in the pages of the
Site may be changed at any time without notice. Changes may be made
to these Terms by us at any time without actual notice to you by
updating the posting of the Terms. You agree to review the Terms
regularly and your continued access to or use of the Site will mean
that you agree to any changes.
If any part of the Terms are found by any court
or other competent authority to be invalid, unlawful or unenforceable
then such part shall be severed from the remainder of the Terms
which shall continue to be valid and enforceable to the fullest
extent permitted by law. You may not use the Site for any purpose
which is unlawful, abusive, libellous, obscene or threatening.
You must not violate or attempt to violate, the
security of the website and specifically, you must not hack into
this website, our computer systems or the computer systems of other
users of this website. Hacking means unauthorised access to, damage
or interfere with the website including mail-bombing, introducing
viruses, worms or other malicious and damaging coding, deliberate
attempts to overload the computer system, broadcast attacks or other
method designed to damage or interfere with the website or associated
computer operations.
3. Trade Marks and Copyright
All content on the Site ("Content") is protected
by copyright, database rights and other intellectual property, including
without limitation, trademarks, patent rights, design rights and
confidential information ("Intellectual Property") which may be
owned by Daiwa Securities SMBC Australia Limited, its licensors,
content providers, other third parties or by other users of the
Site.
All Intellectual Property in the design, layout,
and screen interfaces of the Site is owned by Daiwa Securities SMBC
Australia Limited. You acknowledge the Intellectual Property position
set out above by using the Site.
You may reproduce Content or other information
from the Site for your own personal use only. The information or
Content may not otherwise be reproduced, distributed, transmitted
modified or adapted or incorporated in any way into any other document
or other material without the express prior permission of Daiwa
Securities SMBC Australia Limited.
Daiwa Securities SMBC Australia Limited acknowledges
all third party trade marks which are used on the Site.
You shall not use or adapt any Daiwa Securities
SMBC Australia Limited or third party trade marks or any similar
marks which you access through the Site, nor imply that you are
connected or associated with Daiwa or any other third party by use
of those marks or otherwise.
4. On-line privacy
Daiwa Securities SMBC Australia Limited is committed
to protecting the privacy of your business and its employees. Please
refer to our Privacy Policy for how we
will treat your personal information.
5. No Offer
Neither the information, nor any opinion contained
on this Site constitutes an offer to sell or solicitation or an
offer to buy any securities or financial instruments or any advice
or recommendation with respect to such securities or other financial
instruments. You should seek independent financial advice if you
are intending to purchase or invest in any financial product or
account.
Daiwa Securities SMBC Australia Limited is not registered
as a broker-dealer or an investment advisor in the United States.
It does not offer any services of a registered broker-dealer or
investment advisor in the United States nor does it offer any services
to persons in the United States. This site does not include any
offer of investment services to any US person except marketing in
ordinary course of business of Daiwa Securities SMBC Australia Limited.
Any US persons interested in seeking the services of a broker dealer
should consult Daiwa Securities America Inc., a registered broker
dealer in the US.
This Site is not directed at any person in any jurisdiction
where for any reason the publication or availability of this Site
is prohibited. You must not access this Site if such prohibitions
apply to you. Daiwa Securities SMBC Australia Limited does not represent
that
(a) any of the materials on this Site;
(b) any investment services that may be deemed to be available on
this Site; or
(c) anything else on this Site,
are appropriate for use or permitted by local laws in all jurisdictions.
You access this Site on your own initiative, and are responsible
for compliance with applicable local laws or regulations. If you
are in doubt you should seek legal advice. You may not be able to
deal directly with Daiwa Securities SMBC Australia Limited. None
of the materials or investment services referred to on this Site
are available to persons resident in any jurisdiction where this
would be contrary to local law or regulation. Without limitation,
none of the materials or investment services at or referred to on
this site are available to persons resident in Australia.
6. No warranties
The following clauses exclude or limit our legal
liability for the Site. You should read them carefully. They all
apply only as far as the law permits, and in particular we do not
exclude or restrict our duties and liabilities to you where or to
the extent that this is prohibited by law or regulation.
You are wholly responsible for use of the Site
by any person using your computer and you must ensure that any such
person complies with and is aware of these Terms.
Whilst we have taken reasonable steps to ensure
the accuracy, currency, availability correctness and completeness
of the information contained on the Site, information is provided
on an "as is", "as available" basis and we do not give or make any
warranty or representation of any kind, whether express or implied
in respect of such information whether in respect of the Site. Your
use of this Site is at your sole risk. We shall not be liable for
any loss or damage whatsoever and howsoever arising as a result
of your use of or reliance on the information contained on the Site
to the maximum extent permitted by law.
We do not represent or warrant that the Site will
be available or that it will meet your requirements, that access
will be uninterrupted, that there will be no delays, failures, errors
or omissions or loss of transmitted information, that no viruses
or other contaminating or destructive properties will be transmitted
or that no damage will occur to your computer system. You have sole
responsibility for adequate protection and back up of data and/or
equipment and for undertaking reasonable and appropriate precautions
to scan for computer viruses or other destructive properties.
We make no representations or warranties regarding
the accuracy, functionality or performance of any third party software
that may be used in connection with the Site.
7. Internet e-mail
Messages sent over the internet cannot be guaranteed
to be completely secure as they are subject to possible interception
or loss or possible alteration. We are not responsible for them
and will not be liable to you or anyone else for any damages or
otherwise in connection with any messages sent by you or to you
over the internet. All communications made to this Site will be
considered non-confidential and we may use the content in such messages
in any manner in our discretion.
8. Governing Law
The terms are governed by and interpreted in accordance
with the laws of Australia and the courts of the above jurisdiction
will have exclusive jurisdiction in respect of any dispute, which
may arise.
9. Third party sites
Daiwa Securities SMBC Australia Limited takes no
responsibility for the information or content of any website through
which you accessed, or which recommended, our website. Daiwa Securities
SMBC Australia Limited may direct you to other websites or provide
links to other websites within our own website. However, Daiwa Securities
SMBC Australia Limited takes no responsibility for any information
or content of such websites, and you access those websites at your
own risk.
10. Limitation of liability
To the maximum extent permitted at law, Daiwa Securities
SMBC Australia Limited excludes all liability for any loss or damage
you may suffer as a consequence of your use of the website or your
reliance on any information or content contained in it, including
but not limited to, loss of profits, business interruption, failure
to achieve savings, benefits or other business opportunity and all
other loss, cost or damage including direct, indirect or consequential
losses regardless of the nature of the claim, whether in contract,
tort (including negligence), equity or under statute or common law
generally.
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