Terms and Conditions

Revised 26 October 2024

 

1.      General

 

1.1   The issuer of the Capital Guarantee Super and Capital Guarantee Pension is Australian Military Bank Ltd ('AMB') (ABN 48 087 649 741, AFSL 237 988). DDH Graham Limited (‘DDH’) (ABN 28 010 639 219, AFSL 226319) administers the Capital Guarantee Super and Capital Guarantee Pension and has contracted with SS&C Bluedoor Pty Limited ABN 47 110 855 377 AFSL 522 565 (‘SS&C’) (referred to as "we", "us" and "our" throughout this Agreement) to provide this web portal on these terms and conditions.

1.2   We collect data in relation to Clients on behalf of AMB and are responsible for operating this web portal.

1.3   You are a holder of a Financial Product who is permitted to access this web portal for the purposes of the ongoing maintenance of your Financial Product, including the maintenance of your account details and for you to access the content.

1.4   This Agreement forms a binding agreement between Us and you in respect of your access and use of this web portal.

1.5   The terms and conditions relating to the issue of the Financial Product are contained in the Disclosure Document for that Financial Product and are not governed by this Agreement.

1.6   By indicating your acceptance of this Agreement at the end of these terms and conditions, you agree to be bound by this Agreement.

1.7   If you are registering as, or for, a corporate entity, you agree that you have the authority to bind that entity to this Agreement.

 

2.      Definitions

 

In this Agreement:

     "Account Details" means any information relating to your Financial Product which includes, but is not limited to, your name, address, contact details, bank account details, asset allocation details, beneficiary details, portfolio details and regular savings plan details.

     "AFSL" means an Australian Financial Services Licence.

     "Agreement" means this online user agreement.

     "Application Form" means an application form that is available via this web portal relating to the issue of Financial products by AMB to you.

     "Authorised Representative" means a person who is an authorised representative of a Licensee pursuant to section 916A or section 916B of the Corporations Act who is permitted to access this web portal on your behalf.

     "Client" means a wholesale or retail client, as defined under the Corporations Act.

     "Content" means any information and material provided on this web portal which is made available by us, including information associated with Financial Products.

     "Corporations Act" means the Corporations Act 2001(Cth) and the regulations made under that legislation, as modified.

     "Disclosure Document" includes, but is not limited to, Product Disclosure Statements and/or guides as those concepts are defined under the Corporations Act and/or any regulatory instruments issued pursuant to the Corporations Act from time to time.

     "Financial Product" means a financial product, as defined under the Corporations Act that is issued by AMB under a relevant Disclosure Document.

     "Licensee" means a holder of an AFSL who is permitted to access this web portal.

     "Login Details" means the username and password we will provide you with in order to access this web portal.

     “this web portal" means the website operated by Us through which you or a Licensee or Authorised Representative on your behalf may facilitate an application in relation to Financial products and access the Content.

     "You" or "your" means you as holder of an interest in a Financial Product or your duly authorised agents and/or representatives.

 

3.      Access

 

3.1   We agree to allow you to access this web portal on the terms and conditions set out in this Agreement and for the purposes of:

  1. facilitating an application for Financial Products by receiving, completing and submitting an Application Form by you or a Licensee or Authorised Representative acting on your behalf; and
  2. accessing the Content, in accordance with the relevant Disclosure Document or Content provided to you from time to time via this web portal or in some other form.

3.2   Access to this web portal is only available to residents of Australia and, unless expressly stated otherwise, does not constitute an offer or solicitation for the purchase of Financial Products.

 

4.      You

 

4.1   acknowledge that you have read the relevant Disclosure Documents and or Content prior to using this web portal;

4.2   agree that any information provided by you via this web portal is true, accurate, current and complete;

4.3   agree that all interactions with Us in relation to the Financial Products you hold will be via this web portal unless we specifically advise you otherwise;

4.4    agree that where we are required, by law or otherwise, to provide you with a document or notice, you consent to the provision of that document or notice via electronic means and/or through links provided on this web portal unless we specifically advise you otherwise. Where information is provided to you via this web portal, you agree to print or electronically store any such documents or notices for future reference.

 

5.      Login Details

 

5.1   You are responsible for maintaining the secrecy and confidentiality of your Login Details and any other means of identification required for you to access this web portal, including any additional Login Details that may be issued to you from time to time.

5.2   You agree not to record your Login Details in the same place or in a manner in which their confidentiality or secrecy could be compromised.

5.3   If you become aware or suspect that:

  1. your Login Details (or any part of them) have been lost, stolen or misused;
  2. any person has obtained knowledge of your Login Details;
  3. any person is accessing this web portal without your authorisation; or
  4. the security of your Login has otherwise been compromised, you agree that you will immediately:
    1. notify us by telephone; and
    2. change your password.    

5.4   You accept full responsibility and indemnify us for any expenses, loss, damage, costs, demands or liabilities incurred by us directly or indirectly, out of or in connection with, the use, including (without limitation) any improper or unauthorised use of your Login Details.

5.5   You must only access this web portal for legitimate and lawful purposes and in accordance with any instructions or directions posted to you or on this web portal from time to time.

5.6   You acknowledge that we may withdraw or restrict your access to this web portal at any time without prior notice.

 

6.      Variation

 

6.1   We may, at our sole discretion, vary or modify this Agreement without notice. Any subsequent access to, or use of, this web portal by you will constitute an acceptance of those modifications.

6.2   You agree that any instructions for using or accessing this web portal provided to you or posted on this web portal from time to time form part of the Agreement.

6.3   We will advise you electronically of any material changes to this Agreement or to any Financial Products

 

7.      Disclaimer

 

7.1   Any Content available on this web portal, including (without limitation) any tools, calculators articles and information about the Financial Products is of a factual nature only. It does not take into account the investment objectives, particular needs or financial situations of any individuals. The Content does not purport to provide financial or investment advice or make any recommendations. The Content should not be relied upon as the basis of an investment decision or as a substitute for the application of your Licensee's or Authorised Representative's knowledge, skill and judgment in fulfilling any obligations that they may have to you. You should seek financial advice from a Licensee or Authorised representative prior to investing in any Financial Products or using this web portal.

7.2   Unless expressly stated otherwise, the fact that the Content is accessible through this web portal:

  1. is not a recommendation by Us or AMB of the merits, or a guarantee of the performance, of any Financial Product; and
  2. is not intended to be a representation that persons will be issued a Financial Product or otherwise be able to acquire a Financial Product as a result of applying for such Financial products via this web portal.

 

8.      No express warranty

 

Neither We nor AMB makes any warranty that the use or operation of this web portal, the Content or any aspect of this web portal will be uninterrupted or error-free or that this web portal, or any of its functions are suitable for any particular purpose or have any performance, functionality or security features except as required by law.

 

9.      Limitation of liability

 

Where any Act, law or statute implies in this Agreement any term, condition or warranty and that Act, law or statute avoids or prohibits a contract excluding or modifying the application of or exercise of or liability under such term, condition or warranty, such term, condition or warranty will be deemed to be included in this Agreement. However, the liability of Us or AMB for any breach of such term, condition or warranty will be limited, at the option of Us or AMB (as the case may be), to:

9.1   if the breach relates to services:

  1. the supply of the services; or
  2. the payment of the cost of having the services supplied again.

 

10.  Privacy

10.1 You agree:

  1. that we may handle your personal information in accordance with the Our Privacy Policy as amended from time to time;
  2. that you have read the Website Privacy Statement and Our Privacy Policy available via this web portal.
  3. AMB privacy policy is available on their website Privacy Policy | Australian Military Bank.

 

11.  Intellectual property

 

11.1 All trade marks on this web portal are owned, or used under licence by us.

11.2 Nothing contained on this web portal should be construed as granting any licence or right to use any trade mark. Your use of the trade marks, or any other Content, except as provided herein, is strictly prohibited.

11.3 All Content is protected by copyright laws and is owned, or used under licence by, us.

11.4 You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from this web portal. You will not obtain any intellectual property rights in or any right or licence to use in the Content or this web portal other than as set out in this Agreement.

11.5 You agree not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as the rights of publicity and privacy) that are not expressly authorised by us.

 

 

12.  Anti-money laundering and other illegal activities

 

12.1 To meet our regulatory and compliance obligations under the Anti-money Laundering and Counter Terrorism Financing Act 2006 (Cth) and relevant regulations and rules ("AML Legislation"), we may need to:

  1. delay, block or refuse transactions where we have reasonable grounds to believe that these transactions breach Australian law or the law of any other country; and
  2. from time to time, require additional information from you to assist us in meeting our obligations as required by the AML Legislation.

12.2 We may disclose the information gathered by us to regulatory and/or law enforcement agencies in accordance with AML Legislation.

12.3 You agree that you must not initiate, engage in or effect a transaction that may be in breach of Australian law or the law of another country including (but not limited to) the AML Legislation.

 

13.  Jurisdiction

 

13.1 This Agreement is governed and construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland.