Terms & Conditions

Conditions of use

This is a website operated by ETFS Management (AUS) Limited (ACN 150 433 828) AFSL No 466778 ("ETFS") under the domain name "www.etfsecurities.com.au" ("ETFS website"). The ETFS website is operated on behalf of ETFS. Your use of the information, graphics and materials on the ETFS website ("Material on this website") is governed by these terms of use and the privacy and security statement.

In addition to the terms contained in this document, there are also specific terms which form part of the terms of use and govern your use of, and access to, certain sections of the ETFS website. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the ETFS website.

Links to other websites

The ETFS website may contain links to other websites operated by third parties ("Third Party Websites"). ETFS does not endorse, or approve of the operators of Third Party Websites, or the information, graphics and material on those Third Party Websites ("Third Party Material").

Subject to any applicable law which cannot be excluded, ETFS makes no warranties or representations:

  • regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or
  • that Third Party Material does not infringe the intellectual property rights of any person. ETFS is not authorising the reproduction of Third Party Material by linking Material on this website to Third Party Material.

When you follow a link on the ETFS website, material at a Third Party website may be displayed in your browser framed by Material on this website. This material is also Third Party Material for the purpose of these terms of use.

All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party website operator. In so far as such offers and statements are made on the ETFS website, such offers and statements are made by ETFS on behalf of the operator.

ETFS expressly disclaims acting in any other respect on behalf of Third Party website operators. ETFS may receive payments from operators of Third Party Websites in relation to goods or services supplied by the operator as a result of you linking to the Third Party website from the ETFS website.

Third party software

Unless otherwise indicated software downloads available via links from the ETFS website are third party products. These products may be subject to a licence agreement between you and the relevant product owner. To the extent permitted by law, ETFS accepts no liability in respect of such third party products and ETFS provides no warranty and give no endorsement in respect of such products or any party connected with them. We do, however, welcome your feedback or suggestions concerning these products.

ETFS Product Information and Supply

The information on this website does not take into account your personal needs and financial circumstances. You should seek independent financial, legal, tax and other relevant advice having regard to your particular circumstances. Although we use reasonable efforts to obtain reliable, comprehensive information, we make no representation and give no warranty that it is accurate or complete.

Material on this website may contain general information about ETFS products and services. Unless expressly stated otherwise, this information:

  • does not constitute an offer or inducement to enter into a legally binding contract; and
  • does not form part of the terms and conditions for ETFS products and services.

For further information about a particular product or service please contact ETFS.

Offer Documents on this website are only intended for use by Australian residents. They have been prepared under Australian law and do not directly or indirectly amount to an offer in any other place other than Australia.

Performance

All performance figures contained in this website are sourced from internal and other sources as appropriate. Past performance is not a reliable indicator of future performance. The value of investments and the income from them may go down as well as up and are not guaranteed.

Warranties

While we have made every effort to ensure that information is free from error, ETFS does not warrant the accuracy, adequacy or completeness of Material on this website. All information is subject to change without notice. ETFS recommends that you seek independent advice before acting upon Material on this website or Third Party Material. ETFS does not guarantee that the ETFS website or Third Party Websites will be free from viruses, or that access to the ETFS website or Third Party Websites will be uninterrupted.

Limitation of liability

Subject to any responsibilities implied by law and which cannot be excluded, ETFS is not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Material on the ETFS website or to Third Party Material, whether in contract, tort including negligence, statute or otherwise.

Liability of any member of ETFS for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at ETFS' option, to:

  • the supply of the goods or services again;
  • the repair of the goods; or
  • the payment of the cost of having the goods or services supplied again or repaired.

Termination

These terms of use (and the agreement constituted by your use of the information, graphics and materials on the ETFS website) and your access to the ETFS website may be terminated at any time by ETFS without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by ETFS will survive termination, however, you will no longer be authorised to access the ETFS website.

Copyright and trademarks

Copyright in the material on this website is owned or licensed by ETFS Capital Limited or another member of the ETF Capital Group.

Except where necessary for viewing the Material on this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these terms of use, no material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of ETFS.

Linking to ETFS website

Please contact ETFS if you would like to place a link to any part of the ETFS website.

Acceptance and changes to terms of use

You acknowledge and accept that your use of the ETFS website indicates your acceptance of these terms of use and the privacy and security statement.

These are the current terms of use. They replace any other terms of use for the ETFS website published on the ETFS website to date. ETFS may at any time vary the terms of use by publishing the varied terms of use on the ETFS website. You accept that by doing this, ETFS has provided you with sufficient notice of the variation.

ETFS reserves any rights not expressly granted in these terms of use.

General disclaimer

Investments in any product issued by ETFS are subject to investment risk, including possible delays in repayment and loss of income and principal invested. Neither ETFS, ETFS Capital Limited nor any other member of the ETFS Capital Group guarantees the performance of any products issued by ETFS or the repayment of capital or any particular rate of return therefrom.

The value or return of an investment will fluctuate and an investor may lose some or all of their investment. Past performance is not an indication of future performance.