Terms & Conditions
By accessing and/or utilising any information, products or services available at or through this website, you agree to be bound by the terms and conditions detailed below.
Important notice
Any advice contained on this website comprises general advice only and has been prepared without taking into account your investment objectives, financial situation or needs. Before acting on any advice contained on this website, you should assess whether the advice is appropriate in light of your own financial circumstances or contact your adviser.
JBWere Limited (‘JBWere’) is a wholly owned subsidiary of National Australia Bank Limited ABN 12 004 044 937 AFSL 230686 (‘NAB’). NAB does not guarantee the performance or obligations of JBWere or the products or services JBWere offers.
A Product Disclosure Statement (PDS), Terms & Conditions (T&C), Target Market Determinations (TMD), Financial Services Guides (FSG) or Investor Directed Portfolio Service Guides (IDPS Guide) may be available for products and services on this website. Refer to the Resources page to see if a PDS, T&C, TMD, FSG or IDPS Guide is available.
1. Definitions
In this agreement, unless the context otherwise requires:
'Content' means the information made available to you through the Site;
'JBWere' means JBWere Limited ABN 68 137 978 360 AFSL No. 341162 of Level 31, 405 Bourke Street, Melbourne, Victoria and includes related bodies corporate.
'Site' means the online information service located at www.jbwere.com.au and my.jbwere.com.au which JBWere has developed (or had compiled for it) and of which JBWere is the proprietor.
'You' refers to those person(s) who wish to access the service subject to and on the terms and conditions of this agreement.
'WealthHub' means WealthHub Securities Limited ABN 83 089 718 249 AFSL No. 230704 ("WealthHub Securities") and its related bodies corporate.
2. Application and variation of these terms
2.1 Your use of the Site (and all applications contained on it) is to be in accordance with these terms and conditions and your use of the Site signifies your acceptance of these terms and conditions.
2.2 JBWere may at any time, at its discretion, amend, vary or modify these terms and conditions.
2.3 JBWere may give notice on the Site of any modification to the terms and conditions but it is your responsibility to check for any such modification each time you use the Site.
2.4 Modifications to the terms and conditions will be effective immediately and any subsequent use by you of the Site will constitute an acceptance of the modifications.
3. Your acknowledgements
3.1 You acknowledge that:
- JBWere holds an Australian Financial Services Licence. The information on the Site is directed to residents of Australia, and unless expressly stated otherwise, is not an offer or solicitation for the purchase of securities;
- While JBWere provides the information on the Site in good faith, subject to any terms implied by law and which cannot be excluded, it accepts no responsibility for the accuracy, completeness, reliability or timeliness of the information;
- There are inherent hazards in electronic distribution and as such there may be delays, omissions or inaccuracy in content;
- You should not act or fail to act on the basis of any information or materials on the Site, and furthermore, you accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the Site or any other website on the internet accessed via this Site or otherwise (Related Site), except to the extent of JBWere's fraud, negligence or misconduct;
- You acknowledge the Content contains general advice only which is not intended for any particular client. You also acknowledge that in preparing the Content, neither JBWere nor its Content providers (including WealthHub) have taken into account any particular client's investment objectives, financial situation or particular needs. Accordingly, before acting on any advice contained in the Content, you should contact your JBWere adviser to consider whether the advice is appropriate in light of your particular investment needs; and
- You should install, maintain and use adequate anti-virus and security software to protect yourself from data loss/corruption and system damage. JBWere does not represent or warrant that any files obtained from or through the Site or any Related Site are free from computer viruses or other defects. Any such files are provided, and may only be used, on the basis that the user assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files, except to the extent of JBWere's fraud, negligence or misconduct. The liability of JBWere and its suppliers and Content providers (including WealthHub) for such an event is limited to the resupply of those files or as otherwise provided for by Australian law.
4. Disclosures
4.1 JBWere may have interests in the securities which are the subject of the Information. You should refer to the Disclosures for details of such interests.
5. Provision of service
5.1 JBWere may without notice suspend the Site or disconnect or deny you access to any part of (or any application available through) the Site:
- During any technical failure, modification or maintenance involving the Site provided that JBWere will use reasonable endeavours to procure the resumption of the Site as soon as reasonably practicable;
- If you fail to comply with any agreement with JBWere; or
- If you do, or allow to be done, anything which in JBWere's opinion may have the effect of jeopardising the operation of the Site.
5.2 JBWere may make improvements and/or changes to the Site or Contents at any time without notice.
6. Access to the service
6.1 You are responsible for maintaining the secrecy and confidentiality of all identification and login information required for you to access the Site, including all additional passwords, identification and login information which may be provided by JBWere from time to time to enable you to use any specific Service. You agree to notify JBWere immediately if any of this information has been or is suspected to have been compromised by loss, theft, manipulation or any other means.
6.2 You agree not to disclose to any other person, corporation, entity or organisation any identification or login information, whether in use or not, relating to the Site.
6.3 You are liable for all charges resulting from the use of the Site accessed through your identification or login information whether authorised by you or not, except to the extent of JBWere's fraud, negligence or misconduct. Disclosure or loss of identification or login information that results in the incurring of fees or misuse of the Site is your responsibility and any such occurrences should be immediately communicated to JBWere.
6.4 JBWere takes reasonable steps to preserve the security of personal information it collects via the Site. For more information on how JBWere protects the privacy of such personal information, please refer to our Privacy Policy.
7. Use of the service
7.1 You agree to comply with all reasonable directions pertaining to the access and use of the Site granted to you by JBWere.
7.2 You agree that in accessing and using the Site, you will only use software that you are legally entitled to use and such use will not infringe any third party's intellectual property rights.
7.3 You agree that the Site is provided by JBWere to you for your personal use unless JBWere expressly agrees otherwise. You shall not sell, lease, furnish or otherwise permit or provide access to the Site to any other person and shall not reproduce, retransmit, redistribute, disseminate, sell, publish, broadcast or circulate any Content to any other person. You may download or copy reasonable amounts of Content for personal use but unless JBWere expressly agrees otherwise shall not copy, save, or archive significant portions of the Content without the prior written consent of JBWere.
7.4 You acknowledge and agree that all and any intellectual property rights (including without limitation copyright, trademark rights and patent rights) in the Content remain the property of JBWere or its suppliers (including WealthHub) as the case may be.
7.5 Nothing contained in the Site is to be construed as granting any licence or right of use of any trademark displayed on the Site without the express written permission of the relevant owner.
7.6 You shall not, in any event, modify Content or create any derivative works without the prior written consent of JBWere.
8. Disclaimer of liability
8.1 The materials on the Site have been prepared for general information purposes only. JBWere, WealthHub and their respective directors, officers, employees and agents:
- Exclude, to the maximum extent permitted by law, all express or implied warranties of any kind (including warranties as to merchantability, non-infringement of intellectual property or fitness for a particular purpose) in relation to any information or materials on the Site or any Related Site;
- Are under no obligation to update any information or materials on the Site, or correct any inaccuracy on the Site which may become apparent at a later time;
- Do not warrant the accuracy of any Content and save for any liability which cannot be excluded and any rights which a person may have under the Competition and Consumer Act 2010 (Cth) and/or the Australian Securities and Investments Commission Act 2001; and
- Disclaim all responsibility for any loss or damage which may be suffered by any person directly or indirectly through any person's dealings with them or by use of the Site, except to the extent that such loss or damage is caused by the fraud, negligence or misconduct on the part of JBWere, WealthHub, or their respective directors, officers, employees and agents.
8.2 The Site may contain, or be linked to, advice, statements and opinions of third parties, information providers or content providers. JBWere does not warrant the accuracy, timeliness, reliability or completeness of any advice, statements and opinions contained in the Content or on any Related Site. Reliance on any such advice, statements and opinions is at your own risk.
9. Liability and indemnity
9.1 Except in relation to liability for personal injury, none of JBWere or WealthHub shall be liable to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of use of the Site by you or in respect of a failure or omission to comply with obligations under this Agreement except to the extent of JBWere's or WealthHub's fraud, negligence or misconduct.
9.2 You agree to indemnify JBWere or WealthHub against any loss, costs, expenses, demands or liability (including legal costs on a full indemnity basis), expenses, demands, actions, proceedings and liabilities, whether direct or indirect, reasonably incurred or suffered by JBWere or WealthHub as a result of a breach by you of your obligations under this Agreement or any wilful, unlawful or negligent act or omission by you, except to the extent of JBWere's or WealthHub's fraud, negligence or misconduct.
10. Termination
10.1 Without prejudice to any other rights JBWere may have under this Agreement or at law or in equity, JBWere may, having regard to its legitimate business interests, or prudential or regulatory obligations, terminate this Agreement at any time.
11. Assignment
You cannot assign your rights under this Agreement without the prior written consent of JBWere.
12. Governing law
The laws of the State of Victoria govern this Agreement. Any court cases involving this Agreement and the transactions contemplated by it can be held in the courts of any state or territory of Australia with jurisdiction to consider matters related to this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of that place. If the laws of the Australian state or territory where a party resides includes mandatory protections that are available to them (including because they are an individual or small business), then this clause does not operate to exclude those protections.
13. Schedule charges
From time to time a charge may be levied for access to certain password-protected services. Charges will be notified to you when you apply for such services.
14. Third Party Suppliers
14.1 The information provided by third party data suppliers has not been verified by JBWere. JBWere does not make any representation or warranty as to the timeliness, reliability, accuracy or completeness of the material, nor does it accept any responsibility arising in any way for errors in, or omissions from that material.
The following disclaimers include but are not limited to the third party data suppliers whose data is disseminated via my.jbwere.com.au
14.2 Morningstar: © 2016 Morningstar, Inc. All rights reserved. Neither Morningstar, nor its affiliates nor their content providers guarantee the above data or content to be accurate, complete or timely nor will they have any liability for its use or distribution. Any general advice has been prepared by Morningstar Australasia Pty Ltd ABN: 95 090 665 544, AFSL: 240892 (a subsidiary of Morningstar, Inc.), without reference to your objectives, financial situation or needs. You should consider the advice in light of these matters and, if applicable, the relevant product disclosure statement, before making any decision. Please refer to our Financial Services Guide (FSG) for more information at www.morningstar.com.au/fsg.pdf
14.3 ASX: It is prohibited to use, store, reproduce, display, modify, transmit or distribute ASX information without prior permission from ASX.
Members of the ASX Group, their suppliers or their respective licensors reserve all intellectual property rights in the ASX information to the extent that those intellectual property rights exist under the law from time to time.
Members of the ASX Group, their suppliers or their respective licensors accept no responsibility for any claim, loss or damage arising from the display of ASX information at my.jbwere.com.au or any use of the ASX information displayed at my.jbwere.com.au