Terms of Use

Terms of use

All users of services accessible through this site agree to PM CAPITAL's terms and conditions set out below.

General

Products are issued by PM Capital Limited ABN 69 083 644 731. Applications to invest in these Funds can only be made on the basis of the Application Form attached to the Product Disclosure Statement (PDS) which is current at the time of application. PDS's describing each product are available from this site or by contacting PM Capital on +612 8243 0888. The relevant PDS should be considered before making an investment decision about any product.

Any person who gives another person access to the Application Form must at the same time and by the same means give the other person access to the relevant PDS and any supplementary PDS.

This site is for general information purposes only and is not intended to be relied upon for the purpose of making an investment decision. The site does not constitute an offer of any investment or an invitation or solicitation to buy or sell securities to any person. In particular, the information provided does not take into account the particular information an individual investor may require to make an investment decision. PM Capital Limited recommends that potential investors seek independent financial and taxation advice before making any investment decisions so as to determine whether an investment is appropriate having given an investors’ investment objectives, financial position and needs.

The information on this website is only intended for Australian and New Zealand residents.  All currency references are references to Australian dollars (unless otherwise specified).

 PM Capital holds an Australian Financial Services Licence No. 230222.

Accuracy of information and limitation of liability

PM Capital makes no warranty as to the accuracy, completeness or currency of information that is made available through this site will not be liable for or in connection with any loss or damage arising from any inaccuracies, errors or omissions in information made available through this site. PM Capital is under no obligation to update this website or notify you of any changes to any information on this website. However, PM Capital will endeavor to ensure that information is updated as soon as practicable.

PM Capital makes no warranty that the use or operation of this site will be uninterrupted or error free or that the site is suitable for any particular purpose or has any performance, functionality or security features except as we are required to provide by law. To the extent permitted by law PM Capital's liability is limited to resupplying the services accessible through this site.

Past performance is no indication of future performance. Neither PM Capital Limited nor any other person makes any representation as to the future performance or success of, the rate of income or capital return from, recovery of money invested in, or income tax or other taxation consequences of, any investment in the Funds shown on this site.

The investment risk

Investments in the Funds are not deposits with or other liabilities of PM Capital Limited, and are subject to investment risk including possible delays in repayment or loss of income or capital invested. Neither the repayment of capital nor the investment performance of the Funds are guaranteed by PM Capital Limited, its directors, employees, agents, or consultants.

Copyright

Copyright in the information contained in this site is owned by PM Capital Limited. Use of this information or reproduction of it in hard copy form is allowed for personal use only. The material may be viewed on-line by means of an HTML web browser and may be reproduced in hard copy only for a users personal reference. No part of this information may be otherwise reproduced, adapted, distributed or transmitted in any form by any process or incorporated in any way in any other document or material. Except to the extent otherwise permitted by the Copyright Act 1968 (Cth), the material may not otherwise be reproduced or displayed in public and may not be distributed or transmitted electronically to any other person or incorporated by any means into another document or material, including other websites without the express written permission of PM Capital. Without limiting the generality of the foregoing, PM Capital does not permit reproductions of its material in other websites in conjunction with advertising, trade marks, logos on material of other financial planners or competitors without the express written permission of PM Capital.

Links to and from other websites

This website may contain links to other websites. Neither PM Capital, nor any associated party make any representation or warranty as to the accuracy, quality, currency or any other aspect of the information contained on those linked websites. A link to another website is not and should not be construed as an endorsement or recommendation by PM Capital or any associated party of the goods or services offered on that other website or the information contained on that other website.

Privacy

At PM Capital the privacy of your personal information is important to us. Any personal information collected from this site will be handled in accordance with our Privacy Policy. Our Privacy Policy details how we comply with the requirements of the Privacy Act in the handling of your personal information.

Access is subject to other notices, disclaimers and statements

In addition to these terms and conditions, you agree that your access to this website will also be subject to any other notices, disclaimers or statements contained on this website.

Changes to these terms and conditions

PM Capital may, without notice, amend the terms and conditions for accessing this web-site at any time by posting the amended version on this website. If you access this website, you agree to be bound by the terms and conditions that apply at that time and that PM Capital has no obligation to notify you of any such amendments.

Governing law

These terms and conditions are governed by the laws applicable in the State of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.

Online Extranet Services

PM Capital Online Services allows you to access your personal account information such as your account balance, transaction history, distribution details and tax statement. In addition, you can obtain recent information on daily unit pricing, Fund sizes and performance, and other periodic reports.

By accessing PM Capital Online Services, you are taken to agree that:

  • None of PM Capital, Mainstream Fund Services or any of their directors and officers, staff and agents (collectively ‘PM Capital’, ‘we’, ‘us’) are liable in any way (including for negligence) for any loss suffered by you (however caused) in connection with this service, or any information supplied through the service. PM Capital is not liable for, and you indemnify us for any claims, losses or costs arising from the use of PM Capital Online Services by you or by any person using your login number or password, otherwise than in accordance with these terms and conditions;
  • you will use PM Capital Online Services only in accordance with the terms and conditions applicable from time to time, and your other legal obligations. We may amend these terms and conditions at any time by posting the amended terms and conditions on our website. We may require you to read and accept any amended terms and conditions in order to continue to use PM Capital Online Services but, unless the law requires otherwise, those amended terms and conditions are binding on you from the time they are posted on our website whether or not you have read them or accepted them. You should check for changes to the terms and conditions from time to time;
  • you will use PM Capital Online Services only to access information you are properly authorised to access and to use information that you obtain only for lawful purposes;
  • we will take all reasonable steps to ensure that the information which you access by using PM Capital Online Services is accurate and up-to-date. Nevertheless, all information may change without notice. The web portal contains general information only. It does not constitute advice, a recommendation, or an offer, of any kind. It does not take into account the objectives, financial situation or needs of any investor which should be considered before investing. Past performance is not a reliable guide to future performance. Investing in securities involves various risks – which includes the possibility of losing some or all of your capital. You should undertake your own due diligence, seek financial and tax advice, and consider either the Product Disclosure Statement (and New Zealand Investor’s Information Sheet, if relevant)before investing;
  • all representations and warranties relating to this service are excluded but if the law implies a term into these terms and conditions and prohibits provisions excluding or modifying liability under that term, then that term will be included in these terms and conditions. However, our liability for breach of that term is limited to the supply of the service again or paying the cost of having the service supplied again;
  • you will regularly (at least quarterly) change your password, and keep your login and password confidential and not disclose them to anyone or record them in a manner in which their confidentiality could be compromised;
  • if you delegate access to PM Capital Online Services to another person, you will be fully responsible, and will indemnify us, for all the consequences of that delegation;
  • you will notify us immediately if you believe that the security of your login or password has been compromised or if PM Capital Online Services has been accessed by an unauthorised person using your login or password;
  • where there are joint signatories on an account and one of you registers for PM Capital Online Services with transaction access (if available in the future), you will both be taken to consent to an action each time one of you acts on your account(s) through PM Capital Online Services;
  • we will only act on completed communications which we receive in full and without apparent error. The display of a transaction reference number on-screen is evidence that your communication has been completed. We will not be liable for any loss or delay resulting from the non-receipt of any transmission;
  • anyone may use PM Capital Online Services (including accessing account information and making transactions) provided they use a valid login or password, whether such use was authorised by you or not;
  • PM Capital is not responsible to you for acting on any instructions received through PM Capital Online Services which use your login or password whether or not those instructions are authorised by you and that we will not compensate you for any losses you may suffer as a result;
  • we may withdraw or restrict your PM Capital Online Services access at any time for any reason;
  • we make no warranty that the use or operation of PM Capital Online Services will be uninterrupted or error-free or that PM Capital Online Services is suitable for any particular purpose or has any performance, functionality or security features except as we are required to provide by law; and
  • you must advise us in writing if you wish to discontinue using PM Capital Online Services. The facilities will remain in place until the second business day after the day on which we receive your notice in writing. Unless and until the facilities are terminated in accordance with this clause, these terms and conditions will apply to you and to your account.