1. Your agreement with us

These Terms of Use apply to this Website.

By using or accessing this Website you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, then you are not allowed to use this Website and should immediately terminate such usage.

In these Terms of Use, a reference to ‘we’, ‘us’ and ‘our’ is a reference to, Equity Trustees Limited (ABN 46 004 031 298, AFSL 240975), EQT Australia Pty Ltd (ACN 111 042 132), EQT Structured Finance Services Pty Ltd (ACN 152 197 825) and Fort Street Real Estate Capital Pty Ltd (ACN 164 101 731; AFS representative 000440307). Fort Street Real Estate Capital Pty Ltd is an authorised representative of Fort Street Capital Pty Ltd (ACN 164 101 704; AFSL 497000). A reference to ‘you’ or ‘your’ in these Terms of Use is a reference to any person, accessing, reviewing or using this Website.

2. Changes to Terms of Use

We may change these Terms of Use at our discretion and without notice. You will be deemed to have accepted these Terms of Use (as amended) if you access or continue to access this Website after any amendments are made to these Terms of Use.

3. General information

The information on this Website is of a general nature only and any examples or forecasts are provided for illustrative purposes only. This general information has been prepared without taking into account your investment objectives, financial situation or needs. Before acting on this information you should consider the appropriateness of the information for your particular investment objectives and financial situation and seek advice from a financial adviser.

You should obtain a Product Disclosure Statement (‘PDS’) or other disclosure document in relation to any product you are interested in and consider that document before making any decision on whether to acquire or to continue to hold any product.

Unless expressly stated otherwise this information does not constitute an offer, inducement or invitation to enter a legally binding contract and does not form part of the terms and conditions for our products and services.

Applications for investment can only be made on the application form attached to a copy of the current PDS (or other disclosure document) for the relevant product or by using the online application form. A copy of the current PDS (or other disclosure document) for the relevant product can be obtained free of charge on this Website or by contacting us.

4. For Australian residents only

Unless specifically stated otherwise, the material on this Website is only prepared for residents of Australia. It is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

Unless specifically stated otherwise, the material on this Website is only prepared for residents of Australia. It is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.The products and services described in this Website are available to Australian residents. These products and services may also be available to investors from New Zealand, Singapore and any other jurisdiction where the offer may be lawfully made. Further information on the availability of products in jurisdictions outside of Australia can be located in the relevant PDS or other disclosure document. None of the services or financial products referred to on this Website are available to persons where it would be contradictory to local law or regulation to offer those financial products or services.

5. Privacy Policy

You agree that we will collect, store, use and disclose personal information in accordance with our privacy policy. This statement is an outline of certain matters relating to the collection and handling of your personal information by us. Refer to our privacy policy for full details of our policy regarding the collection, storage, use, disclosure and handling of your personal information.

5.1 Collecting your personal information

We will collect personal information for the purposes of:

  • Providing you with a product or service (including assessing your application).
  • Managing and administering the product or service.
  • Identifying you and protecting against fraud.
  • Verifying your authority to act on behalf of a customer.
  • Determining whether a beneficiary will be paid a benefit upon a person’s death.
  • Letting you know about other products or services, including other investment opportunities in which you may be interested.

If you provide us with incomplete or inaccurate personal information, then we may not be able to process your requests and applications or manage or administer your products or services.

5.2 Using and disclosing your personal information

We may disclose your personal information to other organisations:

  • Involved in providing, managing or administering the products and services we offer, including third party suppliers (e.g., printers, posting services etc), and our advisers.
  • Who are your financial or legal advisers or representatives and their service providers.
  • Involved in maintaining, reviewing and developing our products, business systems, procedures and infrastructure including testing or upgrading our computer systems.
  • Involved in a corporate re-organisation or involved in a transfer of all or part of the assets or business of the organisation.
  • Involved in the payments system including financial institutions, merchants and payment organisations.
  • Which are organisations who wish to tell you about their products or services that might better serve your financial, e-commerce and lifestyle needs or promotions or other opportunities, and their related service providers, except where you tell us not to.
  • As required or authorised by law and/or where you have given your consent.

Your personal information may also be used in connection with such purposes. As the Responsible Entity operates throughout Australia, some of these uses and disclosures may occur outside your State and Territory.

5.3 Privacy Notification

A copy of our privacy policy can be accessed here.

6. Dollar amounts

Any references to currency or amounts on this Website are in Australian dollars, unless otherwise specified. Amounts stated on this Website are not valuations and should not be relied on or treated as such.  Amounts stated on this Website may or may not be inclusive of taxes, such as GST.

7. Copyright

Unless otherwise indicated, we own or are licensed to use all intellectual property (including without limitation copyright, trademark and designs) subsisting in the materials on this Website. To the extent permitted by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written consent.

All names, logos and trademarks on this Website are our property. Nothing on this Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks without our express written agreement.

8. Accuracy and currency of information

Information on this Website is current only on the day it is placed on the website. We make no assurance that any information on this Website will be updated immediately or at all. Except as otherwise provided, we make no statement regarding the accuracy and correctness of the content on this Website. Neither us nor our directors and officers, accept responsibility for any errors or omissions which may subsequently be found evident on this Website.

No person should take action on reliance of the material contained on this Website, but instead should satisfy themselves independently of the appropriateness of such action.

9. Past performance

Past performance of any service, product or investment (including any portfolio, security or managed investment scheme) described on this Website is not a reliable indication of future performance.

10. Forward-looking statements

Statements contained on this Website and in information published by us from time to time may include statements of future expectations. Forward-looking statements are not guarantees of future performance and involve known and unknown risks, uncertainties, assumptions and other important factors, many of which are beyond our control. Such statements are subject to risk and uncertainties that could cause actual results to differ materially from those projected.

11. Unsolicited commercial messages

We may publish electronic addresses on this Website to facilitate communication relating to our business functions. This is not to be inferred as consent by us or the relevant addressees to receiving unsolicited commercial messages.

12. Security

If you use electronic means to provide instructions (e.g., applications and redemption requests) to us, then you do so at your own risk. We do not take any responsibility for not receiving a request, despite any electronically generated confirmation you may receive. Electronic communication can be unreliable and confirmation of our receipt of a communication should be sought by telephone.

In sending any instruction, you release us from, and indemnify us against, any loss or liability arising as a result of processing an instruction that bears your account details and a signature apparently that of you or your authorised signatory on the account.

If you receive an email, phone call or SMS claiming to be from us, and are not sure whether it is authentic, then please contact us.

13. Website availability

We will use best efforts to provide access to this Website on a 24 hour basis. However, there may be an interruption to the service, e.g., to facilitate Website maintenance, update content, power outages or for any other reasons. We will not be liable to any person for interruptions to the Website for any reason.

14. Virus warning

We do not guarantee that this Website (including any website links or downloads) is free from viruses or any other defects, although due care has been taken to minimise such risk.

15. Password security

If you are allocated a username and password to access any part of this Website, you are responsible to prevent the password being disclosed to any third party. You indemnify us against any and all unauthorised use of your username and password.

16. Website links

All external links located within this Website are for reference purposes only. We do not endorse, approve or recommend the company, product or service provided on or associated with the external link. We are not responsible for the content of any website linked to this Website.

17. IP addresses

An IP address is a number assigned to your computer whenever you access the internet. It is not linked to personally identifiable information. We may use your IP addresses to analyse trends, administer the website, track your use of this Website and gather broad demographic related information.

18. Use of Cookies

A ‘cookie’ is a small text file that is placed on your computer or internet-enabled device whenever you visit this Website. This allows this Website to remember your computer or device and serves a number of purposes. By accessing and using this Website, you agree that we may use cookies to collect information and track your usage patterns on our website.

The use of cookies is an industry standard and many major browsers are initially set up to accept them. You can reset your browser settings to either refuse to accept all cookies or to notify you when you have received a cookie. You may also delete cookies from your device at any time. However, if you refuse to accept cookies, you may not be able to access or use all of the features available on this Website.

19. Whistle-blower policy

Our former and current officers or employees, suppliers, and associates and their relatives are encouraged to report suspected misconduct affecting us. We provide a whistleblowing reporting mechanism via the KPMG FairCall service which can be accessed by phone (1800 500 965) or via an online portal (link here).

20. Limitation of liability

To the extent permitted by law, we are not liable to you or any other party for any direct, indirect, incidental, special, exemplary or consequential damages of any type (including, without limitation, any lost profits, lost opportunity, business interruption, lost savings or loss of data) related to or arising from: (a) this Website; (b) any use of this Website or of any website or resource linked to, referenced or accessed through this Website; or (c) the use or downloading, or access to, any materials, information, products or services. These exclusions apply even if we are expressly advised of the possibility of such damages and extends to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories.

To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms of Use and our maximum aggregate liability to you for all losses, damages and other amounts referred to in the above exclusions of liability under any cause of action referred to in the above exclusion of liability is limited to ten dollars.

21. Indemnity

You agree to indemnify, defend and hold us harmless from and against all losses, expenses, claims, proceedings and damages of every kind due to or arising out of any violation of these Terms of Use, the rights of another party or any applicable law or arising out of: (a) any activity related to your use of this Website; or (b) by you or any other person accessing this Website using your internet account or access. The indemnity in this clause extends to and applies for the benefit of our officers, directors, employees, agents, contractors, licensors and suppliers.

22. Disclaimer of warranty

You use this Website at your sole risk. To the extent permitted by law, all materials, information, products, programs and services on this Website are provided ‘as is’, with no warranties, conditions, representations or guarantees whatsoever. To the extent permitted by law, we expressly disclaims all implied, statutory and other warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, we do not represent or warrant that the functions within this Website will be uninterrupted, error-free or secure, that any defects will be corrected, or that this Website or the server that makes this Website available is free of viruses or other harmful elements. You agree that in using this Website you have not relied on any warranty made by us not expressly contained in these Terms of Use. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services from this Website, you do so at your own discretion and risk and that you will be solely responsible for any damages, loss, cost or expense that may result, including loss of data, theft or damage to your computer system.

If the applicable law prohibits the exclusion of any of the warranties referred to above, to the extent permitted by law, we limit our liability for breach of any such warranties to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at its sole discretion.

23. Applicable law

These Terms of Use are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia and its appellate courts. The venue for the adjudication or disposition of any such claim, action or dispute will be in New South Wales, Australia.