In using the AAHS Investor Portal, you agree to be bound by these Terms. If you do not accept these Terms, you must refrain from using the AAHS Investor Portal.
In these Terms:
1.1 Consumer Guarantees means any non-excludable warranty, term or guarantee implied by the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) (ACL) or comparable state and territory fair trading legislation.
1.2 Permitted Purpose means to access information about your AAHS products and services in a convenient digital format.
1.3 you, and your are references to permitted users of the AAHS Investor Portal who have products or services with AAHS.
2. Your use of the AAHS Investor Portal
2.1 You are provided with access to, and are authorised to download or print a copy of material contained on this AAHS Investor Portal for the Permitted Purpose, and only for your personal use.
2.2 You are prohibited from on-selling any information obtained from this AAHS Investor Portal, and from engaging in use or access for any reason other than the Permitted Purpose.
2.3 You are prohibited from directly or indirectly using data mining robots or other extraction tools, meta-tagging or mirroring the AAHS Investor Portal or doing anything that compromises the security of the AAHS Investor Portal.
2.4 You must take your own precautions to ensure that the process which you employ for managing your login details, and accessing this AAHS Investor Portal does not expose you to the risk of a privacy breach, cyber-attack, virus, malicious computer code or other forms of interference which may damage your own computer system, or place your privacy or logon credentials at risk. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this AAHS Investor Portal or any linked website.
2.5 You must ensure that your logon credentials are kept secure. If you make a record of your logon credentials, you must either take reasonable steps to prevent unauthorised access to the record or ensure it is reasonably disguised.
2.6 If you use this AAHS Investor Portal on a public or a shared device, you must log off properly, and clear the cache or password storage. Do not save your logon credentials on a public or shared device.
2.7 You must not use this AAHS Investor Portal:
(a) in breach of any laws or regulations;
(b) to transmit unsolicited emails/spam; or
(c) to defame, abuse, harass, threaten or otherwise harm any person.
3. Disclaimers / Information appearing on the AAHS Investor Portal
3.1 Where we are required to “give” or “serve” you a regulatory notice, we will continue to give you such notices using our usual method. The information in your AAHS Investor Portal is not a replacement for notices. Rather, it is a digital noticeboard for your convenience, to assist you to access historic information about your products and services. While we take reasonable steps to ensure that information in the AAHS Investor Portal is accurate, if an inconsistency arises between a notice or statement, and the AAHS Investor Portal, the information in the notice or statement prevails.
3.2 Nothing on this AAHS Investor Portal constitutes an offer or intention to enter into a legally binding contract or arrangement with you or any third party for any products or services.
3.3 You acknowledge and accept that any information provided by us is general information and is not advice about financial products or services. You must always consider your own needs, or obtain your own advice. Any information provided on the AAHS Investor Portal is not a substitute for obtaining personalised professional advice from a qualified practitioner or other expert. You should contact us for specific information about our products and services.
3.4 All information appearing in the AAHS Investor Portal is provided in good faith. While we have no reason to believe that any particular information (including but not limited to any product description) contained on this AAHS Investor Portal is inaccurate, to the extent permissible at law (including the Consumer Guarantees) we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this AAHS Investor Portal updated. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
3.5 Without limiting any other provision of these Terms, we are not responsible for, and accept no liability in respect of any material uploaded, posted or transmitted to the AAHS Investor Portal by any person other than us. Our editorial control is limited to the selection of materials to make available, although we reserve the right to review any content and amend or alter it as we see fit. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes. Where the information made available on this AAHS Investor Portal contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice.
3.6 We do not make any representations or warranties that your access to the AAHS Investor Portal will be uninterrupted, timely, or error free.
3.7 We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this AAHS Investor Portal or any linked website, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this AAHS Investor Portal. Subject to the Consumer Guarantees, to the maximum extent permitted by law, neither we, nor any of our officers, employees, principals or contractors, have any liability to you in contract, tort, statute or in any other way (whether arising from negligence or otherwise) for any damage or loss of any kind whatsoever (including any liability for direct, indirect, incidental, special or consequential loss, or loss of profits, loss of revenue or business opportunities, goodwill, costs, charges or expenses) sustained by you for any reason, including your use of or access to the AAHS Investor Portal (or any website linked to in the AAHS Investor Portal) or any of our products or services.
3.8 To the extent permitted by law (including the Consumer Guarantees), any condition or warranty which would otherwise be implied into these Terms is hereby excluded. Where legislation (including the ACL) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty (such as the Consumer Guarantees), that condition or warranty will be deemed included but our liability will be limited to the maximum extent permissible at law.
3.9 This AAHS Investor Portal is directed towards, and intended for users located in Australia only.
4. Intellectual property rights
4.1 Copyright in, and any intellectual property connected to this AAHS Investor Portal (including text, graphics, logos, icons, photos, sound and audiovisual recordings and software) is either owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised by these Terms or with our prior written permission, you may not in any form or by any means reproduce, adapt, store, distribute, print, display, perform, communicate to the public or create derivative works from any part of or any content appearing on this AAHS Investor Portal.
4.2 Without limiting our rights, all trademarks, brands and logos that appear on the AAHS Investor Portal are either owned by us or we have a licence to use them. Your access to and use of our AAHS Investor Portal does not license you to use those trademarks, brands and logos.
You agree to fully indemnify, hold harmless and defend us and our officers, employees, principals and contractors (in this clause referred to as those indemnified) against all losses, whether direct or indirect, including all liabilities, expenses, costs, loss or damage, including consequential loss (including all legal costs determined on a full indemnity basis) suffered or incurred by any of those indemnified as a result of, or arising out of, or in connection with, your use of the AAHS Investor Portal and/or any breach of these Terms, other than where the loss was a direct result of our negligence or fraud. To the extent that the indemnity in this clause refers to persons other than us, we hold this indemnity on trust for those other persons.
7. Suspension and Termination
7.1 AAHS may suspend, or cease to provide the AAHS Investor Portal at any time on a temporary or permanent basis, without notice. Any clause with these Terms that are capable of surviving the AAHS Investor Portal termination will survive.
8. Governing Law
These Terms are governed by the laws in force in Queensland, Australia.
9. Amendments to Terms
Acting reasonably, we may amend these Terms from time to time. Amendments will be effective immediately upon notification on this AAHS Investor Portal. If you have bookmarked this AAHS Investor Portal or these Terms you will need to ensure that the bookmarked version has been updated so that you are complying with the most recent version of these Terms, as your access to and use of the AAHS Investor Portal is governed by the most recent version. Your continued use of the AAHS Investor Portal following such notification will represent an agreement by you to be bound by the Terms, as amended.
10.1 In these Terms:
(a) a reference to any law, legislation, legislative provision, statute, regulation or code includes any statutory modification, amendment or re–enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision, and any re-statement of a code;
(b) an expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency; and
(c) a reference to the word "include" or "including" is to be interpreted without limitation.
11. Further information
Please contact us on 1800 940 773 or firstname.lastname@example.org for information about these Terms, or the AAHS Investor Portal.
These Terms were last updated on 20/11/2018