Terms of Use – Online Portal Terms

The services that you (“the User” or “you”) may have access to through the website under domain name “keyinvest.com.au” are provided by KeyInvest Ltd ABN 74 087 649 474, AFSL 240667 and its related bodies corporate (as that term is defined in section 50 of the Corporations Act 2001 (Cth) (“KeyInvest”, “we”, “our” or “us”). The services that you may have access to include KeyInvest’s online portal (the “Online Portal”).

Your use of the Online Portal is subject to the following terms of use (“Online Portal Terms”) and any specific terms and conditions that apply to services that you may access using the Online Portal. KeyInvest makes no representation or warranty regarding the completeness or accuracy of the information on or accessible via the Online Portal.

By using the Online Portal:

• you acknowledge that you have read and agree to be bound by the Online Portal Terms; and
• you must ensure that each person who has access to the Online Portal (an “Authorised Person”) has read and agreed to be bound by these Online Portal Terms.

If you or any Authorised Person do not agree with any of these Online Portal Terms, do not use the Online Portal.

General

1. Use of the Online Portal

1.1 Subject to your compliance with these Online Portal Terms, KeyInvest grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable licence to use the Online Portal as set out in these Online Portal Terms in Australia (“License”).

1.2 The information on the Online Portal is provided to persons located in Australia and is not being provided to any person who is located in any other country. References to currency are in Australian dollars.

1.3 If the License is terminated in accordance with these Online Portal Terms, you and each Authorised Person must immediately cease using the Online Portal.

1.4 Without limiting any provision of these Online Portal Terms, you must not (and you must ensure that any Authorised Person does not) engage in any conduct or activity, (including omitting to do something) and must not attempt to, do any of the following:

1.4.1 use the Online Portal in a way that is unlawful or is not permitted by these Online Portal Terms;

1.4.2 use the Online Portal in any way that causes, or is likely to cause, any interruption, damage or otherwise impair the Online Portal in any way or would negatively affect or otherwise diminish the quality of another user’s experience of the Online Portal;

1.4.3 impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with KeyInvest or any other person or entity;

1.4.4 remove, erase, obscure or tamper with any copyright or any other product identification or proprietary rights notices contained within the Online Portal;

1.4.5 copy or otherwise reproduce the Online Portal (or any part of it), post, publish or create derivative works based on the Online Portal;

1.4.6 sell, market, license, sublicense, distribute or otherwise grant to a third party any right to use the Online Portal;

1.4.7 decompile or reverse engineer the Online Portal, or  take any other action to discover the source code or underlying ideas or algorithm of any components of the Online Portal;

1.4.8 translate, merge, adapt, vary, alter or modify, the whole or any part of the Online Portal nor permit the Online Portal (or any part of it) to be combined with, or become incorporated in, any other programs; or

1.4.9 utilise any data gathering and extraction tools, such as robots, to extract for re-utilisation any part of the Online Portal.

 

2. Security

2.1 You are solely responsible and liable for all use of the Online Portal by you and your Authorised Person.

2.2 You and your Authorised Person undertake not to reveal the following information to any other person:

2.2.1 any username, password or other login credentials; or

2.2.2 any MFA credential that KeyInvest may provide to you or an Authorised Person,

in connection with you or an Authorised Person’s access to the Online Portal (“Login Credentials”)

2.3 You and any Authorised Person:

2.3.1 must not permit an unauthorised person to access the Online Portal; and

2.3.2 must ensure the device any MFA credential is sent to is not accessible by any other person.

2.4 You agree that you are fully responsible for all activities that occur through the use of the Login Credentials. KeyInvest is not liable to you if an unauthorised transaction occurs on your Account and you or an Authorised Person has not taken all reasonable steps to protect the Login Credentials or to prevent unauthorised access to the Online Portal. KeyInvest is not liable to you if an unauthorised transaction occurs on the Online Portal and you or an Authorised Person allowed or caused an unauthorised person to access, use or transact on the Online Portal.

2.5 You agree that your Login Credentials constitute your signature for the purpose of approving any amendments to your Login Credentials on the Online Portal.

2.6 You are responsible for all fraudulent, illegal or unauthorised dealing on the Online Portal  attributable to you or an Authorised Person’s conduct.

2.7 If you or an Authorised Person are concerned or become aware that:

2.7.1 your Login Credentials have been compromised or there has been unauthorised use of your Login Credentials; or

2.7.2 your system or device used to access the Online Portal has been compromised, stolen or lost,

you must inform KeyInvest immediately and co-operate with KeyInvest’s reasonable instructions.

2.8 KeyInvest does not warrant and cannot ensure the security of any information which you transmit to the Online Portal. Any information which you transmit is transmitted at your own risk. Once your transmission is received, the information it contains will be recorded and maintained in accordance with our Privacy Policy.

2.9 Your Online Portal details as stated on the Online Portal may not include any recent amendments that you have made. Changes to your Online Portal details will normally be made the business day following your request. However, delays may occur in updating your Online Portal details.

 

3. Information

3.1 You are solely responsible for the accuracy and completeness of the information you provide to KeyInvest and you acknowledge that KeyInvest will rely on that information unless we receive notice from you of any change or update to that information.

3.2 You agree to notify us in writing of changes in information that are relevant to any dealing or proposed dealing on the Online Portal. Information which is relevant to any dealing includes you or any Authorised Person’s:

3.2.1 Login Credentials;

3.2.2 name;

3.2.3 address;

3.2.4 contact phone number; and/ or

3.2.5 email address.

3.3 While KeyInvest has made every effort to ensure that the information presented in the Online Portal is free from errors or omissions, at no time does KeyInvest represent, warrant or guarantee, expressly or impliedly, that the information contained on the Online Portal is complete, accurate or is suitable for your intended use. Nor does KeyInvest accept any responsibility to inform you of any matter that subsequently comes to its notice, which may affect any of the information contained in the Online Portal. You acknowledge that KeyInvest accepts no liability to any person for loss or damages incurred as a result of any reliance or action taken regarding the information made available on the Online Portal.

3.4 The Online Portal does not contain investment advice and you should consult an independent legal, financial or other adviser to help form your own opinion on any investment decision. You should also consult appropriate professional advisers on any legal, stamp duty, taxation and accounting implications of your investments or any changes you or an Authorised Person make in the Online Portal. You are responsible for any information you or an Authorised Person choose to use from the Online Portal.

3.5 KeyInvest currently offers financial products named in the Online Portal (‘Products’). The offers for Products are contained in the relevant product disclosure statement (“PDS”) or other disclosure document, which are accessible via the Online Portal. Investors should consider the disclosure document (PDS, where appropriate) in deciding whether to acquire, or to continue to hold, any Products.

3.6 Investments in the Products referred to on the Online Portal do not represent deposits with, or other liabilities of, KeyInvest, and are subject to investment risk, including possible delays in repayment or loss of income and capital invested. KeyInvest does not, unless otherwise stated to the contrary, stand behind the repayment of capital or guarantee the investment performance of any of the Products.

3.7 In preparing the information contained on the Online Portal, we have not taken into account your objectives, financial situation or needs. Before investing in any Product on the basis of the information contained on the Online Portal, you should consider (with or without the assistance of an adviser) whether the information on the Online Portal is appropriate to you in light of your particular objectives, financial situation and needs. You should obtain a PDS or other disclosure document relating to a Product referred to on the Online Portal before making any decision about whether to acquire the Product.

3.8 The information on the Online Portal is based on current laws and their interpretation, including taxation laws. The levels and basis of taxation may change. The application of many laws, including taxation laws, depends upon an investor’s individual circumstances. You should, therefore, consider seeking professional advice on the legal and taxation implications of investing and should not rely on the information provided, which should be used as a guide only.

3.9 In submitting information to the Online Portal you agree to the use of that information by KeyInvest in accordance with the Privacy Policy and where necessary, the transfer of the information to the relevant issuer or to the extent required by law, to any government department or authority.

3.10 The Online Portal may contain links to web sites controlled by third parties. KeyInvest does not endorse the content of any third party web sites and disclaims any liability for any information, materials, products or services posted or offered on those web sites.

3.11 The information contained in the Online Portal is for your personal use and may not be on-sold. You may not distribute any information in the Online Portal other than to your professional advisers for the purpose of obtaining advice in relation to your account holdings. You may print or retain an electronic copy of information in the Online Portal to the extent necessary to maintain your own taxation records.

 

Additional Terms

4. Investment Balances

4.1 KeyInvest tries to ensure that the information provided on the Online Portal is complete and correct. However, you are advised not to act on any account holding statement without first contacting KeyInvest to obtain reconciled account balances.

4.2 KeyInvest accepts no liability for any loss which may arise from the reliance on an unreconciled account holding statement.

4.3 Your investment balances may not include recent unprocessed transactions  or reflect updated unit pricing (where applicable).

4.4 You acknowledge that there will be delays in updating the balance of your account on the Online Portal.  Generally, we aim to post revised balances:

4.4.1 the day after we receive funds by electronic funds transfer (eg., BPAY) for capital guaranteed products;

4.4.2 three days after we receive funds by electronic funds transfer for unitised products; and

4.4.3 four days after we receive funds by a cheque or direct debit from your bank account.

The above timeframes are a guide only and may be longer for a variety of reasons.

4.5 For funeral bonds and life event bonds, the value of your investment(s) stated on the Online Portal is based on the latest allotted exit price and the number of units currently recorded.

The exit price shown may differ from the actual price you would receive for your investments if you lodge a transaction request to withdraw/sell those investments or to make a claim against your Product. Your actual price will be confirmed upon receipt of a completed transaction request

4.6 You acknowledge that reports and balances are indicative only and cannot and should not be relied upon.

 

5. Indemnification

5.1 You agree to indemnify and hold KeyInvest, its affiliates, partners, subsidiaries, directors, officers, shareholders and employees (each an “Indemnified Party”) harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable legal costs), incurred by an Indemnified Party arising from or in connection with your or an Authorised Person’s use or misuse of the Online Portal, including but not limited to the following:

5.1.1 your or an Authorised Person’s breach of these Online Portal Terms;

5.1.2 any information (including but not limited to your or an Authorised Person’s data or publicly posted information) submitted, posted, or otherwise provided by you and/or an Authorised Person to KeyInvest and/or its affiliates;

5.1.3 any dispute or litigation between an Indemnified Party and a third party caused by your or an Authorised Person’s actions;

5.1.4 your or an Authorised Person’s negligence or violation or alleged violations of any rights of another;

5.1.5 any Data Security Incident or other data or systems breach impacting you or an Authorised Person; and

5.1.6 any claim or action brought against KeyInvest that arises directly or indirectly from you or an Authorised Person, contrary to the provisions of these Online Portal Terms, including claims based on representations, warranties, or misrepresentations made by you.

5.2 The obligations in clause 5 of these Online Portal Terms will survive any termination of your or an Authorised Person’s relationship with KeyInvest or your or an Authorised Person’s use of the Online Portal and/or our services. To the fullest extent permitted by law, the foregoing indemnities will apply regardless of any fault, negligence, or breach of warranty or contract of KeyInvest and/or its, affiliates, subsidiaries, directors, officers and employees.

 

6. Limitation of Liability

6.1 We make no representation or warranty of any kind, express or implied, as to the operation of the Online Portal or the information, content, materials, or products included on the Online Portal. We cannot guarantee that the Online Portal will be available at all times and we accept no responsibility or liability for any interruption or delay to our services. You expressly agree that your use of the Online Portal is at your own risk.

6.2 You are solely responsible for any use you choose to make of the Online Portal, and you accept liability for any and all losses, damages, costs or otherwise resulting directly or indirectly from the use of the Online Portal. KeyInvest specifically disclaims all liability for any losses, claims or damages that may be incurred as a consequence of the use of the Online Portal or the use of information obtained through the Online Portal).

6.3 To the extent permitted by law, in no event will KeyInvest be liable for any loss or damages, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with KeyInvest or the Online Portal or your use of or inability to use the Online Portal, including without limitation:

6.3.1 any errors or omissions in information in the Online Portal;

6.3.2 any delays or errors in the processing of information you submit to the Online Portal or from computer viruses;

6.3.3 in respect of any Data Security Incident or other data or systems breach; or

6.3.4 in respect of viruses, other malicious software, faults or defects impacting the Online Portal, its servers or any email sent from us, even if KeyInvest is advised of the possibility of, or could reasonably expect, such damages, losses or expenses. To the extent permitted by law, any liability under any condition or warranty that cannot be excluded is limited at KeyInvest’s option, to the re-supply of the services or payment for the same to the User.

6.4 We do not warrant that the Online Portal, its servers, or any email sent from us are free of viruses, other malicious software, faults or defects. It is your responsibility to ensure that you use appropriate scanning software.

6.5 Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. To the extent permitted by law, we do not accept any liability for any damage or injury caused by the use or misuse of the Online Portal and/or services provided by us.

 

7. Termination and Changes to Online Poral Terms

7.1 KeyInvest reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services and/or the Online Portal (or any part thereof) with or without notice. You agree that KeyInvest will not be liable to you or to any third party for any modification, suspension or discontinuance of the services and/or the Online Portal.

7.2           KeyInvest reserves the right to add to, delete or change these Online Portal Terms. You should periodically review these Online Portal Terms for changes. Your continued use of the Online Portal and the services following the posting of any changes confirms your agreement with such changes.

 

8. Proprietary Rights to Content

8.1 No Intellectual Property Rights in the Online Portal are assigned to you and you acknowledge that KeyInvest own all Intellectual Property Rights in the Online Portal. You have no Intellectual Property Rights in, or to, the Online Portal other than the right to use it in accordance with, and as expressly granted by, these Online Portal Terms. Any rights not expressly granted by these Online Portal Terms are reserved by KeyInvest. This includes all right, title and interest in the object code and source code of the Online Portal.

8.2 You agree that any content presented through the Online Portal whether by KeyInvest or a third party, including all text, graphics, logos, button icons, images, audio files, software, data compilations and other Intellectual Property Rights, are owned by KeyInvest or its licensees and is protected by copyright, trade mark, service mark, patent, or other proprietary rights and laws. You agree not to otherwise adapt, copy, reproduce, print, display, publish or create derivative works from any part of the Online Portal or its software or commercialise any information, products, software or services obtained from any part of the Online Portal without our express written permission.

 

9. Privacy

Our Privacy Notice contains details on the ways in which we collect, store and use information provided by you through the Online Portal. Our Privacy statement can be found here https://keyinvest.com.au/privacy-policy.

10. Severability

If any provision of the Online Portal Terms shall be held illegal, unenforceable, or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Online Portal Terms shall otherwise remain in full force and effect.

11. Governing Law

These Online Portal Terms are governed by the laws of South Australia, Australia. No action or proceeding may be commenced or maintained in relation to the Online Portal or these Online Portal Terms except in a court of appropriate jurisdiction in the Commonwealth of Australia and you hereby irrevocably agree to the jurisdiction of such courts.

 

12. Miscellaneous

12.1 These Online Portal Terms will be binding upon each party hereto (including for the avoidance of doubt, any Authorised Person) and its successors and permitted assigns. These Online Portal Terms will not be assignable or transferable by you without KeyInvest’s prior written consent.

12.2 These Online Portal Terms contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.

12.3 No failure or delay by a party in exercising any right, power or privilege under these Online Portal Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

12.4 The invalidity or unenforceability of any provision of these Online Portal Terms will not affect the validity or enforceability of any other provision of these Online Portal Terms, all of which will remain in full force and effect.

12.5 Nothing in these Online Portal Terms creates a joint venture, partnership or agency relationship between you and KeyInvest and neither party has authority to bind any other party.

12.6 Unless indicated otherwise, all figures quoted in are in Australian dollars.

 

13. Definitions

Authorised Person means a representative who is authorised by you from time to time to access the Online Portal.

Business Day means a day on which banks are open for business in South Australia (except a Saturday, Sunday or public holiday).

Data Security Incident means any unauthorised access, use or loss of other data or system breach impacting Personal Information held by a party.

Intellectual Property Rights means all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software), trade mark, service mark, design, patent, trade secret, semiconductor or circuit layout rights, trade, business, domain or company names, rights in confidential information, know how or other proprietary rights (whether or not any of these are registered and including any application for registration) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.

MFA means any multi-factor authentication process in connection with the account login process for the Online Portal.

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.