Website Terms and Conditions

Website Terms of Use

TERMS AND CONDITIONS

Your access to this website is subject to these terms and conditions, Atlas Funds Management’s Privacy Policy and any other notices, disclaimers, statements and other terms and conditions contained on this website (referred to collectively as the Terms).  By accessing this website and other websites through links provided by us, you agree to be subject to these Terms.

 This website

The website www.atlasfunds.com.au (this website) is owned by Atlas Funds Management Pty Ltd ABN 83 612 499 528 AFSL 491395 (Atlas Funds Management) and operated by Atlas Funds Management and other companies associated with Atlas Funds Management.

The information is believed to be accurate at the time of compilation and is provided by Atlas Funds Management in good faith.  However the use of this website is at your sole risk.  None of Atlas Funds Management or any associate (which expression includes the directors or employees of or consultants to Atlas Funds Management, the trustee, responsible entity or the manager of any managed investment scheme operated by Atlas Funds Management or any of their respective associates), makes any representation or warranty as to the quality, accuracy, reliability, timeliness or completeness of material in this website or material in websites linked to this website, except in so far as liability cannot be excluded by law, including but not limited to the Australian Consumer Law.  Atlas Funds Management and its associates do not accept any liability (whether arising in contract, tort, negligence or otherwise) for any error or omission in the material or for any loss or damage (whether direct, indirect, consequential or otherwise and including losses that may arise due to damage to computer equipment or software or as a result of the inaccessibility of this website) suffered by the recipient of the information or user of this website or any other person.

You release, discharge and indemnify Atlas Funds Management and its associates from and against any and all liabilities suffered or incurred by you as a result of use of this website.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

General information only

The information contained in this website should be used as general information only.  It does not take into account the particular circumstances, needs or investment objectives of any investor, or purport to be comprehensive or constitute personal investment advice and should not be relied upon as such.  You should consult a licensed financial adviser to help you form your own opinion of the information, and as to whether the information is suitable for your individual needs and aims as an investor.  You should consult appropriate professional advisers on any legal, stamp duty, taxation and accounting implications of making an investment.

Registration

 You may need to be a registered member of one or more of our Funds to access certain features of our website.

When you register and activate your account, you will provide us with personal information such as your name, your investor ID and email address. You must ensure that this information is accurate and current.  We will handle all personal information we collect in accordance with Atlas Funds Management’s Privacy Policy

 Privacy

Atlas Funds Management is committed to respecting your privacy and takes all reasonable steps to protect the personal information we collect from you.  This policy is based on the Australian Privacy Principles (APPs).  The APPs are taken from Schedule 1 of the Privacy Amendment (Enhancing Privacy Protection) Act 2012, which amends the Privacy Act 1988.  A copy of the Australian Privacy Principles outlined in Privacy Fact Sheet 17 is available from the Australian Government, Office of the Australian Information Commissioner at

https://www.oaic.gov.au/privacy/privacyresources/privacy-fact-sheets/other/privacy-fact-sheet-17-australian-privacy-principles.

We may, as a result of your access to this website, hold and process personal information obtained about you.  However, Atlas Funds Management is committed to maintaining the privacy of any personal data it holds about you, and does so in accordance with the APPs.  Please read Atlas Funds Management’s Privacy to understand how your personal information will be treated when you use this website.

We may disclose your personal information to third parties that help us deliver our services (including the trustee and /or responsible entity of our Funds, the custodian, the registry, information technology suppliers, communication suppliers and our business partners) or as required by law.

Our Privacy Policy explains: (a) how we store and use and how you may access and correct your personal information; (b) how you can lodge a complaint regarding the handling of your personal information; and (c) how we will handle any complaint.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Third party information and materials

This website may provide information, articles and material that are written and prepared by people who are not employees or representatives of Atlas Funds Management.  Such material is provided for your interest and convenience only.  Atlas Funds Management is not responsible for the contents or accuracy of this material, and the opinions expressed in the material should not be taken as recommendations or opinions of Atlas Funds Management.

Disclosure documents

Any offer to invest in an Atlas Funds Management’ product will be made through a current disclosure document for that product.  While a Fund is not registered with ASIC and is available only to wholesale clients this will be through an information memorandum (IM) issued by the trustee of the Fund.  When the Fund is registered, the offer document will be a Product Disclosure Statements (PDS) issued by the responsible entity of the Fund.  Anyone wishing to invest in an Atlas Funds Management product will need to complete an application form for the relevant product.  The disclosure document for the relevant product should be considered before deciding whether to invest in the product.  As and when the relevant IM or PDS is issued, the disclosure document can be accessed from this website.

Investment performance

Past performance is not a reliable indicator of future performance.  This website provides general information only.  It does not provide financial product advice nor is it an offer of securities.  If you require personal advice on the suitability or other aspect of an Atlas Funds Management investment, consult a licensed financial adviser, who will conduct an analysis based on your circumstances.  Investments in Atlas Funds Management’ products are not bank deposits and are not government guaranteed.

 Australian and New Zealand investors only

Information is provided for Australian residents or citizens who are currently located in Australia, and New Zealand residents or citizens who are currently located in New Zealand only.  The information in this website is not an invitation to enter into any legal agreement of any kind.  No statement or information in this website constitutes a recommendation to invest in any investments, securities or products of Atlas Funds Management or any other subsidiary company of Atlas Funds Management.  An IM and a PDS can only be used by investors receiving it (electronically or otherwise) in Australia and New Zealand.

Copyright, trademarks and intellectual property rights

Unless expressly stated, Atlas Funds Management is the owner or licensed user of the copyright and any intellectual property rights in any material, design, technology or concept contained on this website.  All rights are reserved.  You may use the information for your own personal reference only.  You may reproduce the information in hard copy solely for your personal use.  Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, this website or any portion of this website may not otherwise be reproduced, adapted, distributed, displayed, or transmitted to any other person or incorporated in any way into another document or other material, without Atlas Funds Management’s express consent.

Linked sites

Our website may contain links to websites operated by third parties.  Those links are provided for convenience and may not remain current or be maintained.  Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  • using this website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

Governing Law

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