Terms and Conditions

The website www.phoenix-trading.com (“this website”) is owned by Phoenix Wealth Management ("Phoenix"). Your access to this website is subject to the terms and conditions set out in this disclaimer, Phoenix’s Privacy Policy and any other notices, disclaimers, statements and other terms and conditions contained on this website (collectively referred to as “the Terms and Conditions”). By accessing this website and other websites through links provided by us, you agree to be subject to the Terms and Conditions.

The information provided on this website is provided by Phoenix in good faith and is believed to be accurate at the time of compilation. However, the use of this website is at your sole risk. Neither Phoenix nor any other related or affiliated entity of Phoenix nor any of their respective directors or officers (collectively “Phoenix Persons”) makes any representation or warranty as to the accuracy, reliability, timeliness or completeness of the information contained in this website or in websites linked to this website. To the extent permissible by law, Phoenix Persons disclaim all liability (whether arising in contract, tort, negligence or otherwise) for any error or omission in the information in this website or in websites linked to this website or for any loss or damage (whether direct, indirect, consequential or otherwise) suffered by the recipient of the information or by any other person.

Phoenix may, without notice, amend the Terms and Conditions at any time by posting an amended version of this web page. You agree to continue to be bound by any amended terms and conditions and that Phoenix has no obligation to notify you of such amendments.

US investors and investors other than Australian and New Zealand investors

Access to this website may be restricted by law in certain jurisdictions. This website does not constitute an extension of an offer in the Unites States of America or to US persons. No statement or information in this website constitutes an offer or invitation to any person to whom it would not be lawful to make such offer or invitation.

General information

This website’s purpose is to provide general information only and does not purport to give investment advice. It should not under any circumstances be construed as a recommendation to invest in any particular financial product offered by Phoenix or any of its related or affiliated entities.

This website does not take into account the investment objectives, financial situation or particular needs of any person and should not be used as the basis for making investment, financial or other decisions. We strongly suggest that you consult a financial adviser prior to making any investment decision and that you carefully consider your particular investment needs, objectives and financial circumstances.

Privacy

We may as a result of your access to this website hold and process personal information obtained about you. You acknowledge and agree that the collection, disclosure or use of your personal information is subject to the terms of Phoenix's Privacy Policy.

Past performance

Performance figures quoted on the website are historical. Past performance is not a reliable indicator of future performance. No Phoenix Person guarantees or makes any representation as to the performance of any investment fund or other financial product, the return of an investor’s capital or any specific rate of return.

Disclosure documents

The offer to invest in a Phoenix fund will be made in a copy of the current Product Disclosure Statements for the relevant fund. Anyone wishing to invest in a Phoenix fund will need to complete an application form in the current Product Disclosure Statements for the relevant fund. The disclosure document for the relevant fund should be considered before deciding whether to acquire or hold units in a fund. The disclosure documents can be accessed from this website.

Third party information, materials and websites

This website may provide information, articles and material that are written and prepared by people who are not employees or representatives of Phoenix. Such material is provided for your interest and convenience only. The material will be clearly identified as the product of an independent third party. Phoenix is not responsible for the content or accuracy of this material, and the opinions expressed in the material should not be taken as recommendations or opinions of Phoenix.

This website may contain references to other websites or pages that are not operated by Phoenix. Such links are provided for convenience and information purposes only. Phoenix has not verified, and is not responsible for, the content of any other websites or pages linked to or linking to this site. Phoenix does not endorse, approve or recommend the operators of those websites or the content of those websites.

Following links to any other websites or pages or linking this website to another site is entirely at your own risk and Phoenix shall not be responsible or liable for any losses, damages or expenses arising in connection with such linking.

Copyright, trademarks and intellectual property rights

Copyright, trademarks, database rights, patents and all similar rights in this website and the information contained in it are owned by Phoenix, its licensors or relevant third party content providers. You may use the information on this website and reproduce it in hardcopy for your personal reference only. The information may not otherwise be reproduced, distributed or transmitted to any other person or incorporated in any way into another database, document or other material without the prior written permission of Phoenix. Any copy of materials which you make from the site must retain all copyright or other proprietary notices and disclaimers contained therein.

Trademarks

Trade names referred to in this website are trademarks owned by or licensed to Phoenix or other content providers. Trademarks owned by Phoenix or providers of content on this website are used to act as an indication of source or origin of associated services. Nothing on this website should be considered as granting any licence or right under any trademark of Phoenix, or any third party.

Secure client website

If you elect to access Phoenix's secure client website, including by submitting information (“Information”), instructions and/or other requests (“Instructions”) via the Phoenix secure client website, you agree:

·       not disclose to anyone your user ID and/or password which are required to access the Phoenix secure client website and to immediately inform Phoenix if your password is misused, lost or stolen;

·       that you have requested access to the Phoenix secure website for your convenience and have made your own independent assessment of the Phoenix secure website for the purposes of submitting Information and/or Instructions, including the adequacy of the internet and its security, and you are satisfied therewith;

·       that Phoenix shall be entitled to rely on any such Information and/or Instructions submitted by you via the Phoenix secure client website and shall not be responsible for carrying out any verification of such Information and/or Instructions other than verification of your secure ID and password;

·       that Phoenix will not be responsible for any errors in or omissions from the Information and/or Instructions submitted by you through the Phoenix secure client website and Phoenix has no liability for any loss arising in relation to such errors or omissions;

·       to indemnify Phoenix Persons on an after tax basis from and against all actions, claims, suits, demands, losses, liabilities, costs and expenses (including legal fees and expenses) arising from or relating to your access of the Phoenix secure client website (including, without limitation, any unauthorised access to your personal information and/or in connection with a Phoenix Person acting or relying upon any Information and/or Instructions submitted by you via the Phoenix secure website;

·       that Phoenix does not represent or warrant that the Phoenix secure client website will be error free or available at all times and you acknowledge the risks inherent in the use of the internet as a transmission medium. Accordingly, Phoenix will not be liable for any loss arising from the use of the Phoenix secure client website as a means of submitting Information and/or Instructions, including but not limited to losses arising from (i) any computer viruses, malicious code or any other technical defect (including loss, damage or corruption of data); (ii) errors or delays during transmission or receipt of Information and/or Instructions; (iii)  failure of transmission; (iv) misuse or fraudulent use or access by unauthorised persons; or (v) any circumstances beyond the control of Phoenix including without limitation, unavailability or interruption of the internet or other electronic communication services;

·       that Phoenix will not be required to act on any Information and/or Instructions if Phoenix reasonably considers that:

o   the Information and/or Instruction is fraudulent;

o   the Information and/or Instruction was received from a person or entity who is not authorised to provide such Information and/or Instruction;

o   the Information and/or Instruction is incomplete, unclear or ambiguous;

o   acting on the Information and/or Instruction may be unlawful or conflict with applicable laws;

o   the Information and/or Instruction was not received or was not received in time for the required action to be taken; or

o   by acting on the Information and/or Instruction, Phoenix would be exposed to loss or liability for which it may not be adequately indemnified;

·       that Phoenix will usually acknowledge receipt of any Information and/or Instructions submitted by you via the Phoenix secure client website by sending an email confirmation to the email address nominated by you.

·       that Information and/or Instructions received by Phoenix through its secure client website will stand in the event of dispute, as proof of their existence. The content and the data stored in Phoenix’s systems shall constitute sufficient evidence of any such Instructions and/or Information.

You further represent and warrant that any copies of original documents that are submitted by you via the Phoenix secure website are true copies of the original documents, containing original signatures (where required) that you have sighted.

Governing Law

These Terms and Conditions are governed by the laws applicable in the State of New South Wales, Australia. You agree to the non-exclusive jurisdiction of the courts of that State and any courts which may hear appeals from those courts, in respect of any proceedings in connection with these Terms and Conditions or this website.