Terms and Conditions

TERMS AND CONDITIONS

These terms and conditions (including the privacy policy) govern your use of this website. By accessing and using the information on this website and trading financial products with AFS Capital Securities Ltd (“AfsSec”, “AFSSEC", "AFS Capital Securities", “ We”or “US”), you agree to be bound by the terms and conditions (including the privacy policy ) set out below

Access to Website

Your use of this website is to be in accordance with these Terms and Conditions and your use of this website signifies your acceptance of these Terms and Conditions. This website and the copyright in all text, graphics, images, software and any other materials on this website is owned by AFS Capital Securities Ltd ("AfsSec") or its licensors. You may only use the materials on this website solely for your own personal use and solely for non-commercial purposes.

You may display on a computer screen or print extracts from this website for the above-stated purpose only and without alteration, addition or deletion. Except as expressly stated herein, you may not without AfsSec's prior written permission alter, modify, reproduce, distribute or commercially exploit any materials from the website. You acknowledge that this website may contain trade marks of AfsSec or its third party licensors.

The names and logos of other companies appearing on this website may be the trademarks of third parties and are used by AfsSec with the permission of their respective owners.

You acknowledge and agree that all intellectual property rights (including without limitation copyright, trade mark rights and patent rights) in the content of this website remain the property of AfsSec or its third party licensors and that nothing contained in this website is to be construed as granting any licence or right of use of any trade mark displayed on the website without the express written permission of the relevant owner.

You acknowledge that:

  1. while AfsSec provides the information on this website in good faith, it accepts no responsibility for the accuracy, completeness, reliability or timeliness of the information on this website (or any linked site)
  2. Before trading with us you agree that you have read our Financial Services Guide and other policies listed in our Website. Your action of submitting your Application Form to trade with us proves you have read and accepted all our Terms and Conditions.
  3. You may apply for an Account by submitting an Application Form to us. AfsSec has the right to reject your Application at its discretion.
  4. When you provide your TFN in your application form, we may pass on to the bank we work together with to open an account for you.
  5. It is your sole responsibility to keep confidential your user ID and password in a safe place.
  6. Trading system may not work due to technical errors or internet connections problems, etc. and some instructions you send online may not reach trading system.
  7. The order you placed to us is for execution and it cannot be cancelled after you send out the order instructions.
  8. Trade Confirmation sent to you is deemed to be read immediately and it becomes binding if you do not object with 48 hours after it is sent to you.
  9. Confirmations and reports sent to you may be delayed in some circumstances.
  10. AfsSec has the right to close your Account , refuse your order, cancel your order or prohibit your ability to trade from your Account without any prior notice to you.
  11. Your orders may be delayed in some circumstances and therefore your order may be executed at a different price level when you send your order.
  12. You authorise us to debit any brokerage, commission, fees, taxes, duties and other payments from your bank account.
  13. You agree to reimburse any brokerage, commission, fees, taxes, duties and other payments upon our request.
  14. We may appropriate any money received by you or on your behalf to settle any debts you owe us.
  15. You should not act or fail to act on the basis of any information or materials on this website, and furthermore, you accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using this website.
  16. you acknowledge the content contains factual information only which is not intended for any particular client. You also acknowledge that in preparing the content, AfsSec has not taken into account any particular client's investment objectives, financial situation or particular needs. You should, before acting on any advice contained in the content, contact your adviser to consider whether the advice is appropriate for you
  17. AfsSec does not represent or warrant that any files obtained from or through this website are free from computer viruses or other defects. Any such files are provided, and may only be used, on the basis that the user assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files. AfsSec’s liability for such an event is limited to the resupply of those products, services or files.

Modification

AfsSec may change these Terms and Conditions at any time and will notify you of such changes by posting an updated version of these Terms and Conditions on this website. You are responsible for regularly reviewing these Terms and Conditions and if you use this website after any such changes are published, such use shall constitute your agreement to such changes.

Third party materials and websites

This website may contain materials (advice, statements, opinions) produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under AfsSec's direct control and AfsSec accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this website). AfsSec does not warrant the accuracy, timeliness, reliability or completeness of any advice, statements and opinions contained in the content of any linked site. Reliance on any such advice, statements and opinions is at your own risk.

You acknowledge that AfsSec shall be entitled to require you to remove any link from another website to this website which you install without obtaining AfsSec's prior written consent.

Liability, Disclaimers

AfsSec does not warrant that the information or materials contained in the website are current or accurate or that any of products or services featured on the website is available.

The materials on the website have been prepared for information purposes only. AfsSec and its respective directors, officers and agents:

  1. exclude, to the maximum extent permitted by law, all express or implied warranties of any kind (including warranties as to merchantability, non-infringement of intellectual property or fitness for a particular purpose) in relation to any information or materials on this website
  2. disclaim all responsibility for any loss or damage which may be suffered by any person directly or indirectly through any person's dealings with them or by use of this website whether that loss or damage is caused by any fault or negligence on the part of AFS CAPITAL, its directors, officers, employees and agents
  3. are under no obligation to update any information or materials on the website, or correct any inaccuracy on the website which may become apparent at a later time; and/li>
  4. do not warrant the accuracy of any content on this website and save for any liability which cannot be excluded and any rights which a person may have under the Trade Practices Act 1974.

Amendments, Suspension, Cancellation

AfsSec may make improvements and/or changes to this website or its contents at any time without notice.

AfsSec may also without notice suspend the website or disconnect or deny you access to any part of the website:

  1. during any technical failure, modification or maintenance involved in the website, provided that AfsSec will use reasonable endeavours to procure the resumption of the website as soon as reasonably practicable;
  2. if you fail to comply with any agreement with AfsSec; or
  3. if you do, or allow to be done, anything which in AfsSec’s opinion may have the effect of jeopardising the operation of this website.

Indemnity

You agree to indemnify, defend and hold AfsSec, its parents, subsidiaries, affiliates, officers and employees harmless from any loss, cost, damage, claim or demand( including reasonable legal fees),actions, proceedings and liabilities, whether direct or indirect, reasonably incurred or suffered by any third party or by AfsSec or its parents, subsidiaries, affiliates, officers or employees in connection with your use of this website in breach of these Terms and Conditions, or any wilful, unlawful or negligent act or omission by you.

Applicable law

The laws of the State of Victoria, Australia, govern this Agreement and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of that State

Assignment

You cannot assign your rights under this agreement without the prior written consent of AfsSec.

Regulatory information

AFS Capital Securities Ltd is licensed and regulated in Australia by the Australian Securities and Investments Commission.

May 2011