Legal Statements

Disclaimer

Open Financial Services Pty Ltd (Self Invest)
Australian Financial Services Licence No: 232977
Australian Business Number (ABN): 39 077 376 017

This site is directed to and available only for Australian residents. This information has been prepared for distribution over the internet and without taking into account the investment objectives, financial situation and particular needs of any particular person. Self Invest makes no recommendations as to the merits of any investment opportunity referred to in this website. All indications of performance returns are historical and cannot be relied upon as an indicator for future performance. Self Invest recommends you read the Financial Services Guide  

Links to External Sites: Disclaimers of Liability
As a convenience to our users, Self Invest offers links to web sites created and maintained by other entities. These links are provided as an information resource only. A link to another website does not mean that Self Invest endorses that site. Self Invest has no control over linked sites and cannot guarantee or be held responsible for material found on any third party site. The user specifically acknowledges that Self Invest is not liable for defamatory, offensive or illegal conduct of other users, links or third parties and that the risk of damages from the foregoing rests entirely with the user. This disclaimer of liability also applies to any damages, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, or negligence or under any other theory or cause of action.

Use of Information on this Site and its Links: Disclaimers of Liability
Open Financial Services Pty Ltd (Self Invest) and its employees shall not be held liable for any improper or incorrect use of the information described or contained herein and assume no responsibility for anyone’s use of any of that information. In no event shall Self Invest or its employees be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this website or its links, even if advised of the possibility of such damage. The user specifically acknowledges that Self Invest is not liable for defamatory, offensive or illegal conduct of other users, links or third parties and that the risk of injury from the foregoing rests entirely with the user. This disclaimer of liability also applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, or negligence or under any other theory or cause of action.

Disclaimer of Warranties and Accuracy of Data
Although the information found on this website by using the company's access systems has been produced and processed from sources believed to be reliable, no warranty express or implied is made or assumed regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any such information, and any and all such warranties are expressly disclaimed. This disclaimer applies to both isolated and aggregate uses of the information. Self Invest provides this information on an “as is” basis. All warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights are disclaimed. The user specifically acknowledges that Self Invest is not liable in any way with respect the user’s use of any such information, and that the risk of injury from any use of any of the information found on this website rests entirely with the user. Changes may from time to time be made to the information referred to on this website; these changes may or may not be incorporated into any new version of the website. If you have obtained information from Self Invest from a source other than Self Invest be aware that electronic data can be altered subsequent to original distribution. Data can also quickly become out-of-date. It is recommended that careful attention be paid to the contents of any information on this website, and that the originator of the data or information be contacted with any questions regarding currentness of the data and appropriate use. If you find any errors or omissions, we encourage you to report them to the site manager.
This disclaimer of liability also applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, or negligence or under any other theory or cause of action.

Disclaimer of Warranties and Accuracy of Data Contained in Web Sites Linked to Self Invest Web Site
By clicking onto any link on this website, the user specifically acknowledges that Self Invest is not liable in any way with respect to the user’s use of any information gained through this website, and that the risk of injury from any use of the information rests entirely with the user. The user specifically acknowledges that Self Invest is not liable for defamatory, offensive or illegal conduct of other users, links or third parties and that the risk of injury from the foregoing rests entirely with the user. This disclaimer of liability also applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, or negligence or under any other theory or cause of action.

Choice of Law; User to Conform to Law
Construction of the disclaimers above and resolution of disputes related thereto are to be governed by the laws of the State of Victoria, Australia. The laws of Australia shall apply to all uses of data contained in this website. By use of this website and any data contained therein the user agrees that that use shall conform to all applicable laws and regulations and that the user shall not violate the rights of any third parties.

Linking to the Self Invest Website; No Property Rights Created
Links to Self Invest are permissible, if not encouraged. However, we do ask that all links point to the Self Invest home page rather than to any specific page as those links may change. Please e-mail the site manager for permission requests.
Self Invest may add or delete links to external or internal websites at any time. By adding a link to an external or internal website, the department is not creating a property right in that link and reserves the right to remove the link to any site at any time and for any reason without notice to the creator or owner of the linked website or to visitors to the website.

Solicitation Prohibited
Use of this website and information herein to send faxes and e-mail to Self Invest and its employees for solicitation purposes is prohibited.

Reliance on Content at Own Risk:
Any reliance on the Content is entirely at your own risk. The Content is provided in good faith and is believed to be accurate at the time of compilation. You must not rely on it as being complete, accurate or current at any time. Self Invest is not obliged to notify you or publish any notice of amendment if it becomes aware of any change to, inaccuracy in or omission from the Content.

Limitation on Self Invest Warranties and Liability
You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of the Web Site. If you are dissatisfied with the Content or the Web Site or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the Web Site. Self Invest will not pay you any damages in connection with your browsing or use of the Web Site.
The content and the web site are provided "as is", without any warranties. Self Invest makes no guarantees or warranties as to the accuracy or completeness of or results to be obtained from, accessing and using the Self Invest website, the Self Invest website's own content, the other content, nor any material that can be accessed (via a direct or indirect hyperlink or otherwise) through the Self Invest website. Self Invest hereby disclaims any and all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose and of noninfringement. In no event will Self Invest be liable to the user or anyone else for any inaccuracy, delay, interruption in service, error or omission, regardless of cause, or for any damages resulting therefrom. In no event will Self Invest be liable for any indirect, special or consequential damages, including but not limited to, lost time, lost money, lost profits or good will, whether in contract, tort, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen with respect to any use of the Self Invest website. Self Invest will not be liable to you or anyone else for any loss or injury resulting from use of the web site, in whole or part, whether caused by negligence, contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the web site and any content at the web site or otherwise. In no event will Self Invest be liable to you or anyone else for any decision made or action taken by you in reliance on such content or the web site.

LINKS TO OTHER WEB SITES.
You may, through hypertext or other computer links, gain access to web sites operated by persons other than Self Invest. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites' owners. You agree that Self Invest is not responsible for the content or operation of such web sites, and that Self Invest shall have no liability to you or any other person or entity for the use of third party web sites. Except as described below, a hyperlink from this Web Site to another web site does not imply or mean that Self Invest endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from Self Invest Web Site. Self Invest assumes no responsibility for the use of third party software on the Self Invest and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

TIMELINESS OF CONTENT
The Content displayed on the Self Invest Web Site, including, but not limited to, reports, Fees and Charges, Account Information and other Product information, are current as of the date appearing on the report and are subject to change without notice. Self Invest not guarantee or warrant the accuracy, timeliness, or completeness of any content you receive using the Self Invest Web Site.

ADDITIONAL LEGAL TERMS
Self Invest may discontinue or change the Self Invest Website, or its availability to you, at any time.
This Agreement constitutes the entire agreement between the parties relating to the Self Invest Web Site and supersedes any and all other agreements, oral or in writing, with respect to the Self Invest Web Site. The failure of Self Invest to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

 

Privacy

Our Privacy Policy ensures your right to privacy as we recognise that any personal information we may collect about you will only be used for the purposes indicated in our policy. It is important to us that you are confident that any personal information we collect from you or is received by us, will be treated with appropriate respect ensuring protection of your personal information.

Our commitment in respect of personal information is to abide by the National Privacy principles for the protection of personal information, as set out in the Privacy Act and any other relevant law.

Personal information is information or opinion that allows others to identify you. It includes your name, age, gender, contact details, as well as your health and financial information. We will act to protect your personal information in accordance with the National Privacy Principles or an industry privacy code.
As a registered user of our website you can be assured that we will make every reasonable effort to protect and keep confidential any information you provide to us and we will not sell or release your name or information to any outside organisations except for the purposes of our own analysis (and in these cases will only do so in aggregate form without identifying individual subscribers) or when external companies offer a product or service which we consider would be beneficial or of interest to our clients. We value your trust, and aim to help you manage and build wealth over a long period. The protection of your personal information is a vital part of this relationship.
We collect personal information to provide you with the products and services you request as well as information on other products and services offered by us. If you have any questions relating to this privacy statement, please do not hesitate to contact us. (Details below)

Collection of Data
To fully use our services, you will need to register using our online registration form. The type of information that we collect from you will depend on what products and services you use on the website. For example, if you apply for PDS to be posted then we will require your address. If you register to trade shares on-line, you will be required to provide certain personal information to the on-line share trading company to enable your request to be carried out.

Responsible Use of Information
By maintaining your relationship with us, you consent to any personal information we collect about you being used and disclosed in the manner set out below.
• For our internal operations (including accounting, risk management, record keeping, development and testing, staff training and compliance monitoring;
• To help us to develop, establish and administer arrangements with other organisations in relation to the administration and use of products and services that we provide to you;
• To help us to develop, identify and inform you of enhancements to the products and services which you have asked us to provide;
• For research in relation to financial products and services
We may also use and disclose your personal information for the following additional services:
•   To help us develop, identify and inform you of other financial products and services that may interest you;
•   To keep you informed of any administration, enhancement or development occurring with Self Invest, to ensure you are aware of any changes which may affect our delivery of, or your ability to use the site;
•   To help us develop, establish and administer arrangements with other organizations in relation to the promotion, administration and use of such other products and services;
•   For marketing of financial products and services (you can tell us not to send you any marketing information if you wish)
•   To advise you of special offers which have come to our attention from other providers, which we believe, may be of interest to you.
We will not use your personal information for any purpose which is not related to the products or services we provide to you or for any purpose for which you would not reasonably expect us to use the information. For statistical purposes we may collect information on website activity (such as the number of users who visit the website, the date and time of visits, the number of pages viewed and navigation patterns) through the use of 'cookies' and other tracking technology.

You may at any time unsubscribe from this service by contacting our office. You are entitled to ask for access to your personal information records at any time, or to choose to cancel or opt-out of any service or future mailing.
Security 

Self Invest have taken measures to ensure a high level of privacy, security and protection of the personal information you send over the Internet. Any personal information contained within the Self Invest site is protected through encryption and security technology software. We maintain regular security reviews, upgrades and daily backups. This site is offered on a best efforts basis to maintain the security and reliability of the infrastructure. They are provided "as is" without any guarantee of reliability. Self Invest offers no assurance of uninterrupted or error-free service, nor do we warrant the accuracy or completeness of any service. Self Invest will not be held liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use or inability to use the Self Invest website, or any other service provided by Self Invest.
Self Invest relies on third party suppliers to conduct activities such as mail outs and sending emails. These third parties act on behalf of Self Invest and while your personal information may be provided to them they are bound by specific confidentiality and non-disclosure agreements.
Links to third party websites such as ETrade have been established to provide you with access to their speciality. Self Invest do not control these third parties and can not guarantee the protection of your personal information if passed on to these third parties. They will have their own Privacy Policy which you should review.

Personal Information Quality
Self Invest’s goal is to ensure that the personal information we hold is accurate, complete and up-to-date. Please contact us if any of the details you have provided change. Please also contact us if you believe that the information we have about you is not accurate, complete or up-to-date.

Contact us about our privacy policy and information handling practices
If you have any questions or would like further information about our privacy and information handling practices, please contact us by:

Calling: 1300 780 690

Send an email

Or write to:
Open Financial Services Pty Ltd (Self Invest)
PO Box 58
Carlton South VIC 3053