Using the Arculus Funds Management website – Important Terms & Conditions for its use

This website is owned and operated by Arculus Funds Management Pty Ltd (ACN 661 739 340; ‘Arculus Funds Management’, an Authorised Representative (No. 1298896) of GCI Australia Pty Ltd (ACN 140 364 576; AFS Licence No. 346034).  Our office and email addresses, and a telephone number, are listed on the ‘Contact’ page of this website.

By accessing and using this website, which includes any of its pages, information or other content, you agree to, accept these Terms & Conditions, to act in accordance with them and to be bound by them legally. If you are considering use of our services and are eligible to do so, be sure to read our Privacy Notice – ‘Protecting your Privacy’.

We may change the services described on this website, or other content, without notice, including these Terms & Conditions and our Privacy Notice. By continuing to access, or to use, this website you are accepting and agreeing to the changes made. You should periodically review these Terms & Conditions and the Privacy Notice for changes.

Users of our services must qualify as a ‘Wholesale Client’

You understand that Arculus Funds Management is only permitted to provide its advice, transactional and other financial services to those who meet the prerequisites set out in the law for being treated as a ‘Wholesale Client’, and that you’ll be expected to provide the necessary proof if you wish to use these services.  If you have any questions about our services or your eligibility to use them, please contact Sunetha Ellis, our Chief Executive Officer, via the ‘Contact’ page on our website.

The limitations of the information presented – Disclaimer  

The information provided on this website is prepared or curated by Arculus Funds Management for residents of Australia only and should not be relied on or used by residents of any other jurisdiction. 

It includes factual information and provides our commentary and may report the commentary or ratings of others.  We don’t guarantee its accuracy or that it is sufficiently complete for the uses you may have in mind.  Do not interpret it as being or including advice to acquire, continue to hold or dispose of an investment in any particular financial product. The inclusion or reference (if any) to an ‘investment rating’ from a third-party is provided merely for your information.

The views expressed do not address the question of whether an investment in an ‘Arculus Fund’ or any other product is ‘suitable’ (or ‘appropriate’?) for the investment objectives, financial situation or needs of any particular person or type of investor.  You should read the Product Disclosure Statement (PDS) and Target Market Determination, for the product concerned and seek professional advice before making a decision to invest.  Making an investment will usually require completion of the application form accompanying the PDS, or other form of Offer Document, and may require you to provide other supporting information.

To the extent permitted by law, Arculus Funds Management does not accept responsibility for any loss or damage of any nature whatsoever which may be suffered by any person directly or indirectly through relying on the information, whether the loss or damage is caused by our negligence, fault or otherwise.

Performance and other reported information

You understand that performance and other information are sourced or derived internally or from information services provided by external providers.  You understand that in the case of performance information, no allowance has been made for tax or any investment or other related fees. You also understand that past performance is not indicative of future performance.

Copyright

You agree copyright in all the works, software, design, text, graphics and code contained on or used to produce this website, and in the information and material and in its arrangement or layout, is owned or licensed by Arculus Funds Management or its associates unless otherwise indicated. Other than as permitted below, your use of anything in which Arculus Funds Management or its associates own copyright is governed by Australia’s copyright laws and its international treaties with other jurisdictions in relation to copyright matters.

You are permitted to use, save or print a copy of information sourced from this website, but only for your own reference, research or study, and only as long as you do not modify it and you include the copyright notice “© Arculus Funds Management Pty Ltd” on or with the information.  Without our prior, express, written permission, you are not permitted to copy, publish, distribute, create works from or commercially exploit the content of this website for any other purpose.

Links to, and from, other websites

The links to go from our website to another site are provided for your convenience.  You agree that if we provide a link, it does not mean we are recommending or otherwise endorsing any site operator or owner, or their products or services.  We do not control and are not responsible for the information on any other site accessed from our website (refer to our Privacy Notice for further information). Linking to and framing of our website is not permitted without our prior, express written consent.

Loss or damage to your systems

If you use or provide a link to our website, you agree that we, to the extent permitted by law, will not be liable to you for any loss or damage to your website or system, or to people linking to our material from your website, caused by or in connection with the use of, or link to, our material. Any such loss or damage will be your responsibility. You agree it is your responsibility to take effective precautions in relation to protecting your system or website from malfunction or viruses.

Interfering with, or disrupting, this website, its infrastructure or links

You agree not to engage in, or facilitate in any way, any act which is intended or likely to interfere with, disrupt, disable or damage the operation of this website, its infrastructure or links, or our computer systems, or is intended or likely to breach or weaken our data security arrangements or gain unauthorised access to our systems and data.

We may host a secure link or “portal” to other providers of financial services

Links to third parties.

Our website may include links which direct our clients to other areas of our own site.  It may also host secure links (or portals) which connect users (by means of dedicated buttons) directly, for their convenience, to third-party financial service providers.

Important notice about using a third-party “portal”

If you choose to use a third-party portal, you must first accept the third-party’s terms and conditions of use.  This agreement, between you and the third party, does not include us as a party.

When you use a third-party portal, it’s important that you understand that:

• It functions as a “post-box” – allowing you to access information or services, provide information or give instructions to that particular third party.
• You cannot use it to acquire or dispose of financial products.
• The services accessible or provided to you through the portal are not ours.
• We have no visibility into what is communicated or knowledge of user identities; and therefore
• Arculus Funds Management accepts no liability for any loss or damage whatsoever arising from your use of a third-party portal.  

By accessing and using the website the reader agrees to be bound legally by the ‘Terms & Conditions’ for accessing and use of the information presented. These can be found under “Links” at the top of the page.