TERMS & CONDITIONS
This Website (the "Site") is part of the MoneyOne web portal, and is owned,
operated and maintained by Oasis Asset Management Ltd (ABN 68 090 906 371) ("Oasis"),
which is a wholly owned subsidiary of the Trustee and Operator, Oasis Fund Management Ltd.
Oasis provides the Site to clients of Advisors and Dealers using an Oasis
product in order to provide Investors information about their investment.
Oasis also provides access to other areas of the Site for Dealers and Advisors
acting on behalf of Investors.
The following terms and conditions deal with general access to and use
of the Site. [There may be specific terms and conditions which also apply
to your use of the Site. You can access the specific terms and conditions
once you log into the Secure Pages of the Site. These general Terms and Conditions
and any applicable specific terms and conditions together form the Terms and
Conditions.]
Your access to and use of the Site is conditional on acceptance of the
Terms and Conditions. Use of the Site indicates your acceptance of the Terms
and Conditions. Please read the Terms and Conditions carefully before using
the Site.
This Site is provided for Australian residents only and cannot be used
by any person who is a resident of any other country unless that person is
an Investor using an Oasis product.
GENERAL TERMS & CONDITIONS
- Access
- In order to use this Site, you need the equipment and connections
necessary to access the Internet. You are responsible for:
- The provision of any such connection or access to the Internet
- The payment of any fees associated with such connection or access
(such as those charged by an Internet service provider or other online
service).
- The provision of all equipment necessary for you to make any such
connection to the Internet, including a computer and a modem, and a
Web Browser.
- To give you optimum results when accessing the Site, you will need
Internet Explorer V4.0, or later versions, as your web browser. Please
note that the Site also supports Netscape Navigator V6.0.
- To view reports on the Site (PDF format), you
will need Adobe Acrobat Reader V4.0, or later versions.
- Oasis reserves the right to deny you access to, or use of, all or
part of the Site, without prior notice, if you engage in any conduct that
Oasis believes, in its sole discretion:
- violates any term or provision of the Terms and Conditions; or
- violates the rights of Oasis or third parties; or
- is otherwise inappropriate for continued access and use of the Site.
- System Integrity & User Conduct
- You must not use the Site to:
- impersonate or otherwise misrepresent your identity or affiliation
with any other person or entity;
- send junk, obscene, indecent, offensive, or threatening electronic
mail or "spam" to people who would not wish to receive mail from you;
- falsify or delete any attributions, legends, or other proprietary
designations of origin or source of any Content of the Site;
- interfere with or disrupt the Site or servers or networks connected
to the Site, or disobey any requirements, procedures, policies, or regulations
of networks connected to the Site;
- attempt to gain unauthorised access to the Site or computer systems
or networks connected to the Site through any means;
- commit forgery (or attempted forgery);
- harass any individual, or harm minors in any way;
- collect or store personal data about other users, including e-mail
addresses; or
- violate any applicable state, Commonwealth or international law,
convention or regulation.
- You are responsible for maintaining the confidentiality and security
of any passwords and/or identification or log-in information for the Site.
You agree to notify Oasis immediately of any unauthorised use of your
password or any other breach of security.
- Secure Pages
- To access the Secure Pages on the Site, you must be an Investor with
funds in an Oasis product, or be an Adviser or Dealer with Investor Clients
who have funds in an Oasis product.
- To gain access to the Secure Pages of this site, you must complete
and submit an application form, which you can obtain from your Adviser
or Dealer. You agree to provide true and correct information about yourself
when completing this.
- If your application is approved, you will be registered as an authorised
user and will be assigned an account code and password which you will
need to enter to access the Secure Pages.
- Links & Advertising
- This Site may contain links to third party websites. Those sites are
not under the control of Oasis and Oasis is not responsible for the content
or the links contained in those sites.
Oasis may recommend the use of certain information or resources provided
by its Recognised Business Partners via a link to the website of a Recognised
Business Partner.
Neither Oasis nor its officers, directors, employees, agents, or related
bodies corporate are responsible for the content of any third party sites
which may be linked to or from the Site, or products or services of any
third party organisations mentioned or described on this Site or linked
to or from this Site (including the websites of Recognised Business Partners).
You acknowledge that you enter any third party websites (including the
websites of Recognised Business Partners) at your own risk.
- The Site may contain advertisements or endorsements for third parties'
goods and/or services. The third party advertisers are responsible for
the accuracy of all representations made in those advertisements. If you
choose to acquire goods or use a service advertised by a third party on
the Site, you do so using your own judgment and at your own risk.
Oasis only endorses and recommends the goods or services of its Recognised
Business Partners. However, the relationship between Oasis and its Recognised
Business Partners is independent and Oasis is not responsible or liable
for the provision of goods or services by those business partners. If
you choose to acquire goods or use a service of a Recognised Business
Partner, you do so using your own judgment and at your own risk.
Unless otherwise stated on the Site, neither Oasis nor its officers,
directors, employees, agents or related bodies corporate recommend or
endorse the goods or services that may be advertised on the Site, nor
do they offer the goods or services for sale or make any other representation
whatsoever about them.
- Use of Material
- The information provided on this Site is not intended to be investment
advice or recommendations, nor is such information intended to constitute
an offer or invitation to acquire financial products or securities.
Any financial or other information posted on this Site is prepared
for the general information of Investors or Advisers or Dealers using
an Oasis product.
Your particular financial objectives, needs and circumstances have
not been considered in the preparation of information posted on this Site.
Your particular circumstances may determine or affect the applicability
and relevance of the information contained on this Site. You should seek
professional investment advice before relying on such information to make
investment decisions or before acting upon the information provided on
this Site.
- Some information on the Site is supplied by third parties. Financial
information about the performance of an Oasis product and any other comparable
investment or retirement funds is sourced from Morningstar Research
Pty Ltd., an independent investment fund research company.
Oasis will, at all times, take reasonable care to ensure that it presents
an accurate representation of the original information supplied by Morningstar
Research Pty Ltd. or any other third party provider. Oasis will disclose
its third party sources and make appropriate disclosures regarding the
benefits and limitations of comparative financial information in accordance
with the law.
Oasis takes no responsibility for the accuracy of the original information
which is sourced from Morningstar Research Pty Ltd. or any other third
party provider.
Use of the information sourced from Morningstar is subject to the
following Morningstar disclaimer. For the purpose of these Terms and
Conditions, the reference to Morningstar "publication" means any data
presented on the Site as sourced from Morningstar.
Morningstar Disclaimer:
Morningstar Research Pty Limited ACN 062 096 342 ("Morningstar") has taken all care in preparing this publication
but to the extent that it is based on information received from other parties no liability is accepted by Morningstar
for errors contained in the publication or omissions from the publication. Morningstar gives neither guarantee nor
warranty nor makes any representation as to the correctness or completeness of the information presented in the publication.
Morningstar publishes data and ratings on the basis of information disclosed to Morningstar by investment product providers
and on past performance of products. Past performance is no guarantee of future performance. While Morningstar does not
admit that any information contained in this publication constitutes the provision of securities advice, Morningstar warns
that: (a) in preparing this publication, Morningstar did not take into account the particular investment goals and objectives,
anticipated resources, current situation or attitudes of any particular person; and (b) before making any investment decisions
on the basis of this publication, any investor or prospective investor needs to consider, with or without the assistance of a
securities adviser, whether the advice is appropriate in light of the particular investment goals and objectives, anticipated
resources, current situation and attitudes of the investor or prospective investor.
- Updating Investor Information on the Site
- The values shown on the Site in the Investor Information may differ
from the actual value of your Oasis product depending on the date and
time that you view this information on the Site. The value of your investment
in an Oasis product stated on the Site is based on information updated
on a [daily basis]. Oasis will endeavour to update the value of your investment
within [24] hours of changes. However, delays in updating this information
may occur.
The balance of your investment may not include recent transactions
that have been accepted but not yet processed. Oasis will update Investor
Information to take account of new transactions within [48] hours of receiving
your request to process a new transaction. Again delays in updating this
information may occur.
- Oasis will update your Investor Information (other than the information
described in clause 6.1) within [24] hours of receiving your written request
for a change.
- Disclaimer of Warranties & Limitation of Liability
- Subject only to B below:
- This Site is provided by Oasis on an "as is" basis without any express
or implied warranty of any kind;
- Oasis has put in place reasonable security measures to protect the
information you provide or obtain when accessing the Secure Pages of
the Site. However, the World Wide Web exists across open public networks
that are neither secure nor private. Accordingly, you acknowledge and
accept the risk that any communication to or from the Site may be intercepted,
used or modified by third parties.
- Oasis does not warrant that access to or use of this Site will be
uninterrupted or error free or that the Site or any material on or accessible
through the Site is free from errors or viruses, worms, trojan horses,
time bomb, cancelbot or other harmful components;
- Oasis warrants the accuracy of Investor Information sourced from
its database on the Secure Pages of the Site, provided that such information
has not been tampered with, hacked or otherwise interfered with by a
third party. Unless otherwise stated, Oasis does not warrant anything
about the reliability, relevance, accuracy, completeness, timeliness,
suitability, quality, physical state or fitness for a particular purpose
of any other material on or accessible through the Site;
- Oasis may change any of the material on the Site at any time without
notice;
- subject to its obligations under clause 6, Oasis makes no commitment
to update any material on the Site;
- You are responsible for assessing the accuracy, relevance, reliability,
suitability and accuracy of the material on or accessible through the
Site;
- You accept all risks and responsibility for all loss, damage, costs
and other consequences resulting from using the Site or the material
on or accessible through the Site;
- Neither Oasis nor any of its officers, directors, employees, agents
or related bodies corporate shall be liable for any loss or damage including
without limitation, losses or damages for loss of profits, business
interruption, loss of information, indirect, special, punitive or consequential
losses or damages arising out of the use or inability to use the material
or information available on or accessible through the Site, even if
Oasis has been advised of the likelihood of such damages.
- If Oasis cannot lawfully exclude or modify its liability under a statutory
term, condition or warranty, then the term, condition or warranty is deemed
to be included in these terms and conditions and the liability of Oasis,
its officers, directors, employees, agents and related bodies corporate
for a breach of that term, condition or warranty, (including any economic
or consequential loss) is limited, at the option of Oasis, to:
- in the case of services, the supply of the services again, or the
payment of having the services resupplied and
- in the case of goods, the replacement or repair of the goods, the
supply of equivalent goods, or the payment of the costs of replacing
or repairing the goods or acquiring equivalent goods.
- Indemnification
- You agree to indemnify, defend, and hold harmless Oasis, and its officers,
directors, shareholders, employees, consultants, agents, and related bodies
corporate from any and all third-party claims, liability, damages, and
costs (including, but not limited to, reasonable lawyers' fees) arising
from your use of the Site or your failure to comply with these terms and
conditions, or from your violation of any applicable law.
- Intellectual Property Rights
- The information, text materials, graphics, logos, button icons, images,
video and audio clips, trade marks (whether registered or not), advertisements,
layout, arrangement, graphical user interface, look and feel, and control
features of the Site (the "Content") is protected by copyright, trade
mark and other intellectual property laws.
- You must not modify, copy, reproduce, republish, frame, upload to
a third party, transmit or distribute in any way the Content except as
expressly provided in these Terms and Conditions or as permitted by the
Copyright Act.
- The Oasis logo and name are the trade marks of Oasis Asset Management,
and may not be used as part of your business or in connection with any
goods or services without the prior written consent of Oasis.
- The logo and names of a Dealer are the trade marks of the respective
Dealer, and may not be used as part of your business or in connection
with any goods or services without the prior written consent of the respective
Dealer.
- General
- 10.1 Oasis may from time to time amend, update, or change the Site,
including these Terms and Conditions, without prior notice.
- Oasis shall not be liable by reason of the failure in the performance
of obligations under the Terms and Conditions by reason of strikes, riots,
fire, explosion, acts of God, governmental action, or any other cause
which is beyond the reasonable control of Oasis, including any form of
technological failure or the actions of third parties.
- These Terms and Conditions constitute the entire agreement between
you and Oasis with respect to this Site, and the Terms and Conditions
replace all prior or contemporaneous understandings or agreements, written
or oral, regarding the Site.
- If any provision of these Terms and Conditions is found to be invalid
or unenforceable, that provision shall be enforced to the maximum extent
possible and will be deemed deleted to the extent that it is nor enforceable,
and the remaining provisions of the Terms and Conditions shall remain
in full force and effect.
- The failure by Oasis to insist upon or enforce strict performance
of any of these Terms and Conditions will not be construed as a waiver
of any right or remedy of Oasis in respect of any existing or subsequent
breach of these Terms and Conditions.
- An e-mail which is sent to Oasis using the Site or any other means
is taken to be received by Oasis when the e-mail message enters the electronic
mail box of Oasis and is able to be opened in readable form. Proof of
an e-mail being received is established by production of an electronic
or paper record of the date and time that the e-mail message entered the
electronic mail box of Oasis and was able to be opened in readable form.
- The law of New South Wales, Australia governs these Terms and Conditions.
- Privacy & Security Statement
Oasis's
Privacy and
Security Statement forms part of these Terms and Conditions.
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