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Website Terms of Use and Disclaimer for ANZ Live

About this web site

ANZ Live is operated on behalf of Australia and New Zealand Banking Group Limited (ABN 11 005 357 522) of Level 9, ANZ Centre, 833 Collins Street, Docklands, VIC 3008 ("ANZ") and its related bodies corporate. All references in these terms (Terms) to the ANZ Group include a reference to ANZ and its related bodies corporate and its and their authorised agents or service providers.

Except where otherwise specified, "You" and “you” in these Terms refers to both a registered individual user of ANZ Live and the company, partnership or other entity that user represents (“Company”).

Warranties

You make the following representations and warranties:

You (as an individual) are authorised by the Company to register and use ANZ Live on the Company’s behalf and bind the Company to these Terms;

All information you provided to the ANZ Group during the ANZ Live registration process is, and all information which you subsequently provide to the ANZ Group in connection with ANZ Live will be, true and correct at the relevant time; and
You will notify the ANZ Group in writing as soon as reasonably practicable of any changes to your ANZ Live registration details  (including, importantly. if your primary place of residence changes or if you as an individual cease to represent the Company).

Your use of ANZ Live

You agree that you are bound by these Terms and the ANZ Live Privacy and Security Statement when you use or access ANZ Live or the materials accessible on or via ANZ Live (including any documentation, reports, calculations, models, designs, drawings, plans and specifications) (“materials”), including any materials you print from ANZ Live.

You agree to be fully responsible and liable for your use of ANZ Live and any materials accessible on or via ANZ Live, and for any use of your login ID and password by any other person.

Your access to ANZ Live may be terminated or suspended at any time by the ANZ Group without notice to you and you will no longer be authorised to access ANZ Live.  All disclaimers and limitations of liability by the ANZ Group will survive termination or suspension.

The ANZ Group has the right to remove or edit any material posted by the ANZ Group on ANZ Live at any time and without notice to anyone. The ANZ Group also has the right to remove ANZ Live from the internet at any time without notice, either for a short time (for example, for maintenance) or permanently.

Passwords

You must not allow any other person to use your logon ID or password. You must keep your logon ID and password safe and secure from unauthorised use and disclosure.

You are fully responsible for any use of ANZ Live by anyone using your logon ID and password, even if that use is by an unauthorized person (except to such extent the use is caused or permitted by the ANZ Group). You agree to fully indemnify, defend, and hold harmless ANZ and each member of the ANZ Group including its and their directors, employees and agents from and against any losses they may suffer directly or indirectly as a result of your breach of these Terms, your use of ANZ Live or any unauthorised use of your logon ID or password (except to such extent the use is caused or permitted by ANZ or the ANZ Group).

Notwithstanding this indemnity, the ANZ Group retain the right to assume the conduct of any defence to a claim brought against us, and you agree to provide all reasonable cooperation (including by making relevant documents available) that we may require from you.

Storage of information

When you register for ANZ Live, the information will be collected and stored using cloud technology by Salesforce.com Singapore Pte. Ltd on behalf of the ANZ Group. ANZ will also store information relating to event invitations we send to you and your response to such invitations in the same manner.  ANZ has an agreement with Salesforce.com Singapore Pte. Ltd. with provisions to protect your information.

Unfortunately, no data stored using cloud technology can be guaranteed as totally secure. Accordingly, although ANZ strives to protect such information, ANZ cannot ensure or warrant the security of this information and it is stored at your own risk. Salesforce.com is not responsible to you for the collection, storage and use of your information.

The information that the ANZ Group collects about you is stored in the United States of America.

Remember me function

ANZ Live may have a function which will automatically log you in from your computer every time you visit the website. This means that you will not need to log in each time you visit ANZ Live.  However, it also means that you must never allow anyone else to access ANZ Live from your computer as they will then be using your login ID and password.

Limitation of Liability

Except as required by law, and only to the extent so required, neither ANZ nor any member of the ANZ Group warrant or guarantee the performance of any of the products or services described in ANZ Live or any return on any associated investment, and, ANZ and each member of the ANZ Group expressly disclaim any responsibility and shall not be liable for any loss, damage, claim, liability, proceedings, cost or expense (“Liability”) arising directly or indirectly and whether in tort (including negligence), contract, equity or otherwise out of or in connection with information in ANZ Live.

Acceptance and Changes to Website Terms of Use

You acknowledge and accept that your use of ANZ Live indicates acceptance of these Terms and ANZ Live Privacy and Security Statement.

These are the current Terms for ANZ Live. The ANZ Group may at any time vary these Terms by publishing the varied Terms on ANZ Live. You accept that by the ANZ Group doing this, the ANZ Group is deemed to have provided you with sufficient notice of the variation.

The ANZ Group reserves any rights not expressly granted in these Terms.

Joint and several liability

The liability of the registered individual user and the Company who that user represents is joint and several.  A reference to “You” or “you” means each of those persons individually and together.

Jurisdiction

The law applicable to use of ANZ Live is the law of the State of Victoria, Australia.

Copyright and Trademarks

Copyright in the material on ANZ Live is owned or licensed by the ANZ Group.

Except where necessary for viewing the material on the website on your browser, or as expressly permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms, no material on this web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of the ANZ Group.

"ANZ", and all associated trademarks, are trademarks of Australia and New Zealand Banking Group Limited.

General disclaimer – ANZ Live

Whilst we have made every effort to ensure that information and materials provided in ANZ Live is free from error, the ANZ Group does not warrant its accuracy, adequacy or completeness. The information is based on information and sources the ANZ Group believes to be reliable. Such information is intended as general information only and is current as at the date indicated on the information. The information is in summary form and does not purport to be complete and is not a substitute for professional advice. Examples are used for illustration purposes only and are not intended as advice. All information is subject to change without notice.

The ANZ Group recommends that you seek independent legal, financial and/or taxation advice, which takes into account your particular circumstances before considering or acting on this material further.

ANZ cannot guarantee that access to ANZ Live will be free from viruses or uninterrupted.  ANZ accepts no liability for any viruses or inability to access ANZ Live.

Disclaimer - information on site

The information on ANZ Live is prepared or provided by various members of the ANZ Group including in and from different jurisdictions.  The distribution of information via ANZ Live may be restricted by law in certain jurisdictions. Persons who access ANZ Live outside Australia must inform themselves about and observe all relevant restrictions.

You agree to read, be bound by, and comply with all disclaimers which accompany the information on ANZ Live. Without limiting this clause, you specifically agree to be bound by the following disclaimer.

[v.28.02.2019]

IMPORTANT NOTICE:

The distribution of this document or streaming of this video broadcast (as applicable, “publication”) may be restricted by law in certain jurisdictions. Persons who receive this publication must inform themselves about and observe all relevant restrictions.

This document is intended for ANZ’s Institutional, Markets and Private Banking clients. It should not be forwarded, copied or distributed. The information in this document is general in nature, and does not constitute personal financial product advice or take into account your objectives, financial situation or needs.      

This document may be restricted by law in certain jurisdictions. Persons who receive this document must inform themselves about and observe all relevant restrictions. 

1. Disclaimer for all jurisdictions:

This document is prepared by Australia and New Zealand Banking Group Limited (ABN11 005 357 522) (ANZ).  It is distributed in your country/region by ANZ or (if stated below) its subsidiary or branch (each, an Affiliate).

This document is distributed on the basis that it is only for the information of the specified recipient or permitted user of the relevant website (recipients).

This document is solely for informational purposes and nothing contained within is intended to be an invitation, solicitation or offer by ANZ to sell, or buy, receive or provide any product or service, or to participate in a particular trading strategy.

Distribution of this document to you is only as may be permissible by the laws of your jurisdiction, and is not directed to or intended for distribution or use by recipients resident or located in jurisdictions where its use or distribution would be contrary to those laws or regulations, or in jurisdictions where ANZ would be subject to additional licensing or registration requirements. Further, the products and services mentioned in this document may not be available in all countries.

ANZ in no way provides any financial, legal, taxation or investment advice to you in connection with any product or service discussed in this document. Before making any investment decision, recipients should seek independent financial, legal, tax and other relevant advice having regard to their particular circumstances.

Whilst care has been taken in the preparation of this document and the information contained within is believed to be accurate, ANZ does not represent or warrant the accuracy or completeness of the information, except with respect to information concerning ANZ. Further, ANZ does not accept any responsibility to inform you of any matter that subsequently comes to its notice, which may affect the accuracy of the information in this document.

Preparation of this document and the opinions expressed in it may involve material elements of subjective judgement and analysis. Unless specifically stated otherwise: they are current on the date of this document and are subject to change without notice; and, all price information is indicative only. Any opinions expressed in this document are subject to change at any time without notice.

ANZ does not guarantee the performance of any product mentioned in this document. All investments entail a risk and may result in both profits and losses. Past performance is not necessarily an indicator of future performance. The products and services described in this document may not be suitable for all investors, and transacting in these products or services may be considered risky.

ANZ expressly disclaims any responsibility and shall not be liable for any loss, damage, claim, liability, proceedings, cost or expense (Liability) arising directly or indirectly and whether in tort (including negligence), contract, equity or otherwise out of or in connection with this document to the extent permissible under relevant law. Please note, the contents of this document have not been reviewed by any regulatory body or authority in any jurisdiction.

ANZ and its Affiliates may have an interest in the subject matter of this document. They may receive fees from customers for dealing in the products or services described in this document, and their staff and introducers of business may share in such fees or remuneration that may be influenced by total sales, at all times received and/or apportioned in accordance with local regulatory requirements. Further, they or their customers may have or have had interests or long or short positions in the products or services described in this document, and may at any time make purchases and/or sales in them as principal or agent, as well as act (or have acted) as a market maker in such products. This document is published in accordance with ANZ’s policies on conflicts of interest and ANZ maintains appropriate information barriers to control the flow of information between businesses within it and its Affiliates.

Your ANZ point of contact can assist with any questions about this document including for further information on these disclosures of interest.

Australia.

ANZ holds an Australian Financial Services licence no. 234527. For a copy of ANZ's Financial Services Guide please click here or request from your ANZ point of contact.

Brazil, Brunei, India, Japan, Kuwait, Malaysia, Switzerland, Taiwan.

This document is distributed in each of these jurisdictions by ANZ on a cross-border basis.

Cambodia.

This document is distributed in Cambodia by ANZ Royal Bank (Cambodia) Limited (ANZ Royal Bank). The recipient acknowledges that although ANZ Royal Bank is a subsidiary of ANZ, it is a separate entity to ANZ and the obligations of ANZ Royal Bank do not constitute deposits or other liabilities of ANZ and ANZ is not required to meet the obligations of ANZ Royal Bank.

European Economic Area (EEA): United Kingdom.

ANZ is authorised in the United Kingdom by the Prudential Regulation Authority (PRA) and is subject to regulation by the Financial Conduct Authority (FCA) and limited regulation by the PRA. Details about the extent of our regulation by the PRA are available from us on request. This document is distributed in the United Kingdom by Australia and New Zealand Banking Group Limited ANZ solely for the information of persons who would come within the FCA definition of “eligible counterparty” or “professional client”. It is not intended for and must not be distributed to any person who would come within the FCA definition of “retail client”. Nothing here excludes or restricts any duty or liability to a customer which ANZ may have under the UK Financial Services and Markets Act 2000 or under the regulatory system as defined in the Rules of the PRA and the FCA.

Fiji.

For Fiji regulatory purposes, this document and any views and recommendations are not to be deemed as investment advice. Fiji investors must seek licensed professional advice should they wish to make any investment in relation to this document.

Hong Kong.

This publication is issued or distributed in Hong Kong by the Hong Kong branch of ANZ, which is registered at the Hong Kong Monetary Authority to conduct Type 1 (dealing in securities), Type 4 (advising on securities) and Type 6 (advising on corporate finance) regulated activities. The contents of this publication have not been reviewed by any regulatory authority in Hong Kong.

India.

If this document is received in India, only you (the specified recipient) may print it provided that before doing so, you specify on it your name and place of printing.

Myanmar.

This publication is intended to be general and part of ANZ’s customer service and marketing activities when implementing its functions as a licensed bank. This publication is not Securities Investment Advice (as that term is defined in the Myanmar Securities Transaction Law 2013).

New Zealand.

This document is intended to be of a general nature, does not take your financial situation or goals into account, and is not a personalised adviser service under the Financial Advisers Act 2008 (FAA). When distributed by ANZ in New Zealand, this document is intended only for “wholesale” clients as defined in the FAA.

Oman.

ANZ neither has a registered business presence nor a representative office in Oman and does not undertake banking business or provide financial services in Oman. Consequently ANZ is not regulated by either the Central Bank of Oman (CBO) or Oman’s Capital Market Authority (CMA). The information contained in this document is for discussion purposes only and neither constitutes an offer of securities in Oman as contemplated by the Commercial Companies Law of Oman (Royal Decree 4/74) or the Capital Market Law of Oman (Royal Decree 80/98), nor does it constitute an offer to sell, or the solicitation of any offer to buy non-Omani securities in Oman as contemplated by Article 139 of the Executive Regulations to the Capital Market Law (issued vide CMA Decision 1/2009). ANZ does not solicit business in Oman and the only circumstances in which ANZ sends information or material describing financial products or financial services to recipients in Oman, is where such information or material has been requested from ANZ and the recipient understands, acknowledges and agrees that this document has not been approved by the CBO, the CMA or any other regulatory body or authority in Oman. ANZ does not market, offer, sell or distribute any financial or investment products or services in Oman and no subscription to any securities, products or financial services may or will be consummated within Oman. Nothing contained in this document is intended to constitute Omani investment, legal, tax, accounting or other professional advice.

People’s Republic of China (PRC).

This document may be distributed by either ANZ or Australia and New Zealand Bank (China) Company Limited (ANZ China). Recipients must comply with all applicable laws and regulations of PRC, including any prohibitions on speculative transactions and CNY/CNH arbitrage trading. If this document is distributed by ANZ or an Affiliate (other than ANZ China), the following statement and the text below is applicable: No action has been taken by ANZ or any affiliate which would permit a public offering of any products or services of such an entity or distribution or re-distribution of this document in the PRC. Accordingly, the products and services of such entities are not being offered or sold within the PRC by means of this document or any other document. This document may not be distributed, re-distributed or published in the PRC, except under circumstances that will result in compliance with any applicable laws and regulations. If and when the material accompanying this document relates to the products and/or services of ANZ China, the following statement and the text below is applicable: This document is distributed by ANZ China in the Mainland of the PRC.

Qatar.

This document has not been, and will not be:   

  • lodged or registered with, or reviewed or approved by, the Qatar Central Bank (QCB), the Qatar Financial Centre (QFC) Authority, QFC Regulatory Authority or any other authority in the State of Qatar (Qatar); or
  • authorised or licensed for distribution in Qatar,
  • and the information contained in this document does not, and is not intended to, constitute a public offer or other invitation in respect of securities in Qatar or the QFC. The financial products or services described in this document have not been, and will not be:
  • registered with the QCB, QFC Authority, QFC Regulatory Authority or any other governmental authority in Qatar; or
  • authorised or licensed for offering, marketing, issue or sale, directly or indirectly, in Qatar.

Accordingly, the financial products or services described in this document are not being, and will not be, offered, issued or sold in Qatar, and this document is not being, and will not be, distributed in Qatar. The offering, marketing, issue and sale of the financial products or services described in this document and distribution of this document is being made in, and is subject to the laws, regulations and rules of, jurisdictions outside of Qatar and the QFC. Recipients of this document must abide by this restriction and not distribute this document in breach of this restriction. This document is being sent/issued to a limited number of institutional and/or sophisticated investors (i) upon their request and confirmation that they understand the statements above; and (ii) on the condition that it will not be provided to any person other than the original recipient, and is not for general circulation and may not be reproduced or used for any other purpose.

Singapore.

This document is distributed in Singapore by the Singapore branch of ANZ solely for the information of “accredited investors”, “expert investors” or (as the case may be) “institutional investors” (each term as defined in the Securities and Futures Act Cap. 289 of Singapore). ANZ is licensed in Singapore under the Banking Act Cap. 19 of Singapore and is exempted from holding a financial adviser’s licence under Section 23(1)(a) of the Financial Advisers Act Cap. 100 of Singapore.

United Arab Emirates (UAE).

This document is distributed in the UAE or the Dubai International Financial Centre (DIFC) (as applicable) by ANZ. This document does not, and is not intended to constitute: (a) an offer of securities anywhere in the UAE; (b) the carrying on or engagement in banking, financial and/or investment consultation business in the UAE under the rules and regulations made by the Central Bank of the UAE, the Emirates Securities and Commodities Authority or the UAE Ministry of Economy; (c) an offer of securities within the meaning of the Dubai International Financial Centre Markets Law (DIFCML) No. 12 of 2004; and (d) a financial promotion, as defined under the DIFCML No. 1 of 200. ANZ DIFC Branch is regulated by the Dubai Financial Services Authority (DFSA) ANZ DIFC Branch is regulated by the Dubai Financial Services Authority (DFSA). The financial products or services described in this document are only available to persons who qualify as “Professional Clients” or “Market Counterparty” in accordance with the provisions of the DFSA rules. In addition, ANZ has a representative office (ANZ Representative Office) in Abu Dhabi regulated by the Central Bank of the UAE. The ANZ Representative Office is not permitted by the Central Bank of the UAE to provide any banking services to clients in the UAE.

United States.

Except where this is a FX- related document, this document is distributed in the United States by ANZ Securities, Inc. (ANZ SI) which is a member of the Financial Regulatory Authority (FINRA) (www.finra.org) and registered with the SEC. ANZSI’s address is 277 Park Avenue, 31st  Floor, New York, NY 10172, USA (Tel: +1 212 801 9160 Fax: +1 212 801 9163). ANZSI accepts responsibility for its content. Information on any securities referred to in this document may be obtained from ANZSI upon request. This document or material is intended for institutional use only – not retail. If you are an institutional customer wishing to effect transactions in any securities referred to in this document you must contact ANZSI, not its affiliates. ANZSI is authorised as a broker-dealer only for institutional customers, not for US Persons (as “US person” is defined in Regulation S under the US Securities Act of 1933, as amended) who are individuals. If you have registered to use this website or have otherwise received this document and are a US Person who is an individual: to avoid loss, you should cease to use this website by unsubscribing or should notify the sender and you should not act on the contents of this document in any way. Non-U.S. analysts: Non-U.S. analysts may not be associated persons of ANZSI and therefore may not be subject to FINRA Rule 2242 restrictions on communications with the subject company, public appearances and trading securities held by the analysts. Where this is an FX-related document, it is distributed in the United States by ANZ's New York Branch, which is also located at 277 Park Avenue, 31st Floor, New York, NY 10172, USA (Tel: +1 212 801 916 0 Fax: +1 212 801 9163). 

Vietnam.

This document is distributed in Vietnam by ANZ or ANZ Bank (Vietnam) Limited, a subsidiary of ANZ.