Arnhem Investment Management Pty Limited

Website Terms of Use and Disclaimers

1. This Website
1.1. The Website www.arnhem.com.au is owned and operated by Arnhem Investment Management Pty Ltd (ABN 17 129 606 775) (“Arnhem”).
1.2. Your access and use of this Website is subject to these Terms of Use. These Terms of Use include our privacy policy, disclaimers, other polices, rules, conditions and statements contained on this Website.
1.3. The information provided in this Website is derived from sources believed to be accurate. However, we do not undertake to keep this Website updated. We are not liable to you or anyone else if errors occur in the information on this Website, or if that information is not up to date.
1.4. By accessing this Website or by downloading any information from this Website you agree to be bound by the Terms of Use.
1.5. These Terms of Use are a legal agreement between you and us, and by using this Website you accept these Terms of Use and changes to them that we may make from time to time. You should review these Terms of Use carefully prior to using this Website and check periodically for any amendments. If you do not agree with these Terms of Use you are not authorised to use this Website.
1.6. In these Terms of Use capitalised words have the meanings set out in the “General” section (in clause 21.6) below.
1.7. The publications contained in this Website may require Adobe Acrobat to view.

2. Governing Law
2.1. These Terms of Use are governed by and are to be construed according to the laws in force in New South Wales and the Commonwealth of Australia. You agree to submit to the exclusive jurisdiction of the courts of those jurisdictions.

3. Intellectual Property Rights
3.1. Copyright and other intellectual property rights in this Website and its content (including the structure and layout of this Website), all trademarks and software used on this Website are owned or licensed by Arnhem.
3.2. As a condition of your use of this Website, you acknowledge and agree that you must not:
a. use, sublicense, retrieve, publish, perform, display, adapt, reproduce, copy, store, print, sell, distribute, transmit, download, reverse engineer or create extracts of, or derivative works from any part of this Website or the content (except to the extent necessary to access the Website and to view the content on your browser or as otherwise permitted by the Copyright Act 1968 (Cth) or other applicable copyright legislation);
b. commercialise any information, products or services obtained from any part of this Website;
c. use any of our registered or unregistered trademarks; or
d. on sell information obtained from this Website;
unless you obtain the prior express written permission of Arnhem.
3.3. We grant you a non-exclusive, non-transferable, limited right to access and use this Website, view the Website content on your screen and print a copy of any information contained on this Website (unless such printing is expressly prohibited) solely for your personal, non-commercial use, and provided that you fully comply with these Terms of Use.

4. Privacy Policy
4.1. Arnhem is committed to protecting your privacy and the confidentiality of your personal information in accordance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).
4.2. Please review our privacy policy to understand how Arnhem collects, uses and manages your personal information. Our privacy policy may be found on this Website.
4.3. By using this Website you confirm that you understand and consent to the collection, use and disclosure of your personal information in accordance with our privacy policy.

5. Contact details and Complaints procedure
5.1. If you have any questions or complaints about this Website, you are able to contact Arnhem Investment Management Pty Ltd using the contact details set out below.
Address: Arnhem Investment Management Pty Ltd
Royal Exchange Building
Level 13, 56 Pitt Street
Sydney NSW 2000
Australia
Phone: + 61 2 9016 3633
Fax: + 61 2 9247 1801
E-Mail: admin@arnhem.com.au
5.2. Arnhem has an internal complaints resolution procedure.
5.3. Any complaints received by Arnhem will be acknowledged in writing within 14 days of receipt, and we will respond within 45 days of receipt of a complaint. Detailed information on how we handle complaints is available upon request.

6. Use and modification of this Website
6.1. Arnhem controls and maintains this Website from Australia and makes no representation that the information provided on or via this Website is appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws.
6.2. Arnhem does not guarantee, represent or warrant that this Website is secure, or that this Website functions without error or interruption.
6.3. We utilise up to date technology in an attempt to eliminate any computer virus infecting any information, material or content transmitted from or in connection with this Website. However, we do not guarantee, represent or warrant that this Website, the content of this Website or the servers on which the Website operates will be free from viruses, worms, trojan horses, or other destructive materials. We are not responsible or liable for any damages or harm attributable to such features.
6.4. As a condition of your use of this Website, you acknowledge and agree that you will not:
a. interfere with, damage, disable, overburden, endanger, jeopardise or otherwise disrupt this Website, the content of this Website, the functioning of this Website, the underlying software of this Website or the infrastructure used by this Website;
b. interfere with or hinder any other person’s use of this Website or their associated services;
c. use this Website or any of its content for any purpose that is unlawful or prohibited by these Terms of Use;
d. obtain or attempt to obtain any Website content through any means not intentionally made available or provided through this Website; or
e. use any robot, spider, other automatic device, or manual process to monitor or copy web pages from this Website or any of its content.
6.5. The supply, maintenance and cost of any equipment and services required by you to access this Website is your responsibility.
6.6. We may at any time modify, discontinue, temporarily suspend or permanently remove this Website or the content (or any part thereof), or your access to this Website, with or without notice. You agree that Arnhem will not be liable to you or any third party for any modification, suspension or discontinuance under this clause.

7. Cookies
7.1. Cookies are small pieces of data stored on the web browser on your computer. This Website may store cookies on your web browser. The main reasons we store cookies are to:
a. improve your use of the Website. For example, to remember your site preferences for your next visit to the Website; and
b. gather statistics on Website usage. For example, page views and drop off points so we can monitor Website usage and make improvements to Website usability.
7.2. You can set up most web browsers so you are notified of when a cookie is received, so you can then either accept or reject it. You can also check the cookies stored by your web browser and remove any that you do not want.
7.3. If you disable the use of cookies on your web browser or remove or reject specific cookies from this Website or Linked websites, then you may not be able to gain access to all the content and facilities of this Website.

8. Linked Websites
8.1. This Website contains links to Linked websites.
8.2. Any links to Linked websites are provided solely for your convenience and information only, and may not remain current or be maintained.
8.3. Arnhem does not examine, control or have any influence over the content or other characteristics of any Linked websites. Arnhem is not responsible for the content of any Linked websites or the privacy practices associated with any Linked website.
8.4. Neither our links with Linked websites nor any reference on this Website to any products and services of the operator of such a site, should be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked websites, or of any information, graphics, materials, products or services referred to or contained on those Linked websites, nor does it imply that we are affiliated with the third party operator, unless and to the extent stipulated to the contrary.
8.5. You acknowledge and agree that any access and use you make to a Linked websites is entirely at your own risk.

9. Communication On Line
9.1. Messages that you send to Arnhem by e-mail may not be secure or may not be received by Arnhem. We recommend that you do not send any confidential information to Arnhem by e-mail.
9.2. If you choose to send any messages to Arnhem via e-mail, you accept the risk that they may be intercepted, misused and/or modified by a third party or may not be received by Arnhem.
9.3. You agree not to use this Website to upload, post, e-mail or otherwise transmit any:
a. information, material or content of whatever kind or form that:
i. is unlawful, harmful, threatening, abusive, harassing, defamatory, offensive or discriminatory;
ii. infringes any intellectual property rights (or other rights) of any person; or
iii. contains software viruses or any other malware designed to interrupt, damage, destroy or limit the functionality of any computer software, hardware or system; or
b. unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation material.
9.4. Prior to you uploading, posting, e-mailing or otherwise transmitting any information, material or content on or through this Website, you must obtain all necessary permissions from any individuals identified in the information, material or content. You grant us a worldwide, irrevocable, perpetual, royalty-free, non-exclusive, and fully sub-licenseable right and licence to use, modify and create derivative works from such information, material or content (in whole or in part) for our business purposes.
9.5. In respect to information you provide to us, you agree to provide accurate, current and complete information about yourself (and any entity you represent).

10. Accuracy of Data
10.1. We do not guarantee, represent or warrant the accuracy, adequacy, completeness or suitability of the Website content.
10.2. You should not rely on any information obtained from this Website.
10.3. You acknowledge and agree that your use of this Website, the content of the Website and any Linked websites is at your sole risk, and they are provided on an “as is” and “as available” basis.
10.4. Subject to clauses 18.4, we expressly disclaim all warranties of fitness for a particular purpose, accuracy, completeness and non-infringement.
10.5. We cannot guarantee and we do not promise any specific results from use of this Website, the content of this Website or any Linked websites.

11. General Information
11.1. The information on this Website is general information only. The information is not intended to constitute a recommendation or financial product advice, and the information:
a. does not constitute an offer or inducement to enter into a legally binding contract;
b. does not form part of the terms and conditions for any products and services (unless expressly stated otherwise); and
c. has been prepared without taking into account your investment objectives, financial situation or needs of any particular investor.
11.2. Before acting on the information on this Website, you should consider whether the information is appropriate in light of your objectives, financial situation and needs. You should obtain the disclosure documents (including the Product Disclosure Statement where applicable) relating to a product or service referred to in this Website before making any decision about whether to acquire that product or service.
11.3. You may wish to consult a professional adviser for further advice on the implications of investing. If you act on any of the information contained on this Website you do so wholly at your own risk.

12. Australian Residents Only
12.1. The information contained in this Website is provided for persons located within Australia only and is not provided to any person who is located in any other jurisdiction.
12.2. Any financial products included on this Website are only intended for offer within Australia and to persons receiving an offer document for the relevant financial product within Australia.
12.3. The financial products or securities are not offered in the United States or to US persons (as defined in Regulation S under the U.S. Securities Act of 1933), as amended.

13. Performance (for Wholesale Client Performance)
13.1. Past Performance is no guarantee of future performance.
13.2. Other than the “Cumulative” performance, performance greater than 1 year is shown as an annualised return. Performance is based on the respective wholesale strategies, and are presented before all management and custodian fees and charges. Retail investors who apply for units in a product where Arnhem is the underlying manager (including those offered by BNP Paribas Investment Partners (Australia) Limited ABN 78 008 576 449, AFSL 223418 trading as BNP Paribas Investment Partners (“BNPP IP”)) will achieve a net return which is the different to that shown on our Website through the application of fees and charges.
13.3. Performance from inception is:
a. Core Australian Equity Fund – 31/08/2000;
b. Concentrated Australian Equity Fund – 31/12/2005; and
c. Long Short Australian Equity Fund – 31/05/2005.

14. Performance (Model SMA – Australia+)
14.1. Past Performance is no guarantee of future performance.
14.2. The value of the model portfolio and the income derived from the associated investments decrease or increase from that appearing on the Website. Future returns are not guaranteed, and a loss of principal investment may occur. Information expressed is current information as of the date appearing on this Website only.
14.3. The value of the model portfolio and the income derived from the associated investments expressly excludes any transaction costs (including, without limitation, any establishment, withdrawal, contribution, termination, switching and other service fees).
14.4. The portfolio model performance information has been prepared by Arnhem. All information used for this calculation is considered to be from reliable resources but Arnhem cannot attest to its accuracy. This is not intended as investment advice nor should it be considered a solicitation or an offer to transact in the Model listed.
14.5. The model performance has been calculated using the 1 January 2015 Arnhem Australia+ Model portfolio positions. Any model portfolio that commenced on a date other than the one specified may hold different positions and will experience different returns which may be better or worse than the Arnhem model referenced above.

15. No Guarantee of Performance
15.1. Arnhem does not guarantee the performance of any fund, security or other financial product included on this Website nor the repayment of any capital, and Arnhem makes no representation as to the success or otherwise of any financial product.
15.2. Investing in a financial product is subject to investment risk including possible loss of income and principal invested.
15.3. Neither Arnhem nor any other entity guarantees the performance of the funds or the repayment of capital invested. Past performance is not necessarily indicative of future results.

16. Disclosure of Interests
16.1. Arnhem and its directors, employees and associates, including those involved in the preparation of this Website, may own or hold positions, act as market makers or act as advisers, brokers or commercial or investment bankers in respect of any funds, securities or other financial products on this Website or on Linked websites. Arnhem may be paid fees if you invest in any products that it manages.
17. The Funds
17.1. Arnhem does not offer any funds. Funds are offered by BNPP IP. Investors need to obtain a product disclosure statement before making any decision about whether to acquire the products. Investment in funds where the management is delegated to Arnhem may only be made by reviewing the product disclosure statement for the relevant fund and completing the application form in respect of that fund.
17.2. When the product disclosure statement is accessed electronically, you must print the entire document.

18. Exclusion of Liability
18.1. Subject to any terms implied by any State or Federal legislation which cannot be excluded, restricted or modified (including any legal requirements arising out of the ACL that cannot be excluded, restricted or modified), under no circumstances will Arnhem or any of its agents, subcontractors, directors, officers, employees or associates accept any responsibility or be liable to you or to anyone else for any Loss (even if Arnhem is advised of the possibility of Loss) relating to or arising in any way from:
a. your use, or inability to use this Website;
b. any defects, viruses and any other malfunctions caused to any equipment and other software in connection with access or use of this Website or a Linked website;
c. the Website content or information provided on or via this Website or a Linked website;
d. any errors in or omissions from the Website or information on this Website including any information provided by any third party;
e. your reliance on any information or content on this Website;
f. the interception, modification or misuse of information transmitted to Arnhem or transmitted to you;
g. the functioning or non-availability of this Website or a Linked website;
h. your inability to access this Website at any time;
i. the misuse of this Website;
j. the loss of data;
k. downloading or use of any software made available by this Website; or
l. any claim by a third party in connection with the use of this Website.
18.2. Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent permitted by law, at our option, to:
a. the supply of the goods or services;
b. the repair of the goods; or
c. the payment of the cost of having the goods or services supplied again or repaired.
18.3. You indemnify us against all claims and liabilities (including legal fees) directly or indirectly related to your use of this Website and/or breach of these Terms of Use.
18.4. Nothing in these Terms of Use is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation (including the ACL) that is applicable to these Terms of Use and which cannot be excluded, restricted or modified.

19. Amendments
19.1. Arnhem reserves the right to change the information provided on or via this Website, including the Terms of Use, at any time and without notice.
19.2. It is recommended that you review the information provided on or via this Website, including the Terms of Use, periodically for changes.
19.3. The current version of the Terms of Use will be posted on this Website, and will cancel and replace any previous version(s). By continuing to use this Website after the posting of such changes, you agree to be bound by the changes.

20. Termination
20.1. You acknowledge and agree that these Terms of Use and your access to this Website may be terminated at any time by us without notice for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with these Terms of Use or the spirit of these Terms of Use.
20.2. All clauses in these Terms of Use which are intended to continue after termination will continue to apply.
20.3. Arnhem will not be liable to you or any third party for any termination of your access to this Website.

21. General
21.1. We may assign or novate these Terms of Use in whole or part to any person at any time.
21.2. If any provision of these Terms of Use is deemed invalid, then that provision will be limited or removed to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.
21.3. Any failure by us to exercise or enforce any right or provision of these Terms of Use does not mean this is a “waiver” (i.e. that it cannot be enforced later).
21.4. We reserve any rights not expressly granted in these Terms of Use.
21.5. Links to this Website or any other Arnhem websites are not permitted unless the prior written consent of Arnhem is obtained.
21.6. In these Terms:
a. “ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended.
b. “Arnhem” means Arnhem Investment Management Pty Ltd (ABN 17 129 606 775).
c. “Linked website” means a website owned, controlled or operated in whole or in part by a third party (being a party other than Arnhem) and which is hyperlinked from this Website.
d. “Loss” means any loss, damage, cost or expense however caused (including through contract, tort, including negligence, for breach of statutory duty or otherwise) which may be directly or indirectly suffered including direct, indirect, special, incidental, consequential, punitive, or exemplary loss or damages, including lost profits.
e. “Terms of Use” means these Website terms and conditions, the privacy policy, disclaimers and any other policies, rules, conditions or statements contained on this Website.
f. “We”, “us”, “our” refers to Arnhem Investment Management Pty Ltd (ABN 17 129 606 775).
g. “Website” means the whole or any part of the web pages located at the Australia portal of www.arnhem.com.au (including the layout of this website, individual elements of the website design, underlying code elements of this website, text, information, sounds, graphics, logos, icons, animated elements, videos and any other materials or content made available on or through this website).