Website Terms and Conditions of Use
Please take a moment to view the terms and conditions below as it is important you are aware both of our obligations and yours when using this website. You will need to accept these conditions before accessing the Investor Control Console. The terms and conditions can also be accessed at any time within the website using the link in the footer of every page.
Terms and Conditions
Use of Website
The information provided on this website or in any communication containing a link to this site is for personal use and information purposes only and is not intended for distribution to, or use by, any person or entity in any jurisdiction in any country where such distribution or use would be contrary to law or regulation or which would subject any member of the Balmain Group to any registration or licensing requirement within such jurisdiction or country. Where any opinions are expressed on this website, they are provided by Balmain for personal use and for information purposes only.
Unless otherwise stated, the services and products on this website are intended for use by residents of Australia only, and are not aimed at or intended for use by residents of any other jurisdiction. This website is designed to be accessed through its principal home pages and such other pages as we may decide. If you access the site through individual pages directly, which are not designed for this purpose, you may not see important information that is relevant to information on this website. You will be referred on certain site pages to read "Legal Information". This will contain important details and/or relevant legal or regulatory information and should be read in conjunction with the relevant site pages.
Any references to investments in any funds and/or trusts on the Website do not represent deposits with, or other liabilities of, Balmain Private Investment or any other company in the Balmain Group, and are subject to investment risk, including possible delays in repayment or loss of income and capital invested. Other than where the Account Terms and Conditions expressly state otherwise, no member of the Balmain Group stands behind the repayment of capital, or guarantees the investment performance of the funds and trusts referred to on the Website.
You acknowledge that we may establish general practices and limits concerning your use of the Website, including without limitation the maximum number of days that content, including uploaded content will be retained by the Website, the maximum amount and size of the content that can be uploaded, the maximum disk space that will be allocated on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Website in a given period of time. You acknowledge that we reserve the right to modify these general practices and limits from time to time in accordance with clause 16.
- Account Terms and Conditions
- Personal Secure Site technical access
- User Name, Password & security
- Independent Advice
- Marketing and other Communications
- News, Insights and Market Information
- Third Party Accounts
- Reporting errors and breaches
- Modifications to the Website
- Proprietary rights / Copyright
- Privacy/ Collection of Personal Data
- Limitation of Liability
- Responsibility for our losses
- Complaints and Dispute Resolution
- Severance of terms
- No right of survivorship and non-transferability
In these Terms and Conditions, the following terms have the following meanings:
Account means each account relating to one or more investments in Cash Units and Loan Units in the Balmain Discrete Mortgage Income Trusts in which you have invested and which you access through the Website;
Account Terms and Conditions means the terms and conditions of an Account to which you have signed up including any applicable terms and conditions contained therein governing how you access and use Website services in respect of that Account;
Annexure means an Annexure to these Terms and Conditions setting out the terms relevant to a particular part of the Website; each of which forms part of and are subject to these Terms and Conditions;
Balmain Private Investments Website means www.balmainprivate.com.au;
Balmain Group means Balmain Fund Administration Limited ACN 134 526 604 and/or any of its related bodies corporate as the context requires;
Balmain Website means the public website(s) operated by the Balmain Group and which is accessible from http://www.balmain.com.au;
Emessages means the automated electronic messages which we will send to you from time to time;
Investor Control Console means the main page of your On-Line Account on the Website which displays a summary of your Account and provides access to other services, including transaction services which are available as part of the Website;
Materials means any proprietary and confidential information including software contained on the Website;
On-Line Account means your on-line user account which allows you to operate your Investor Control Console;
Password means a password which is issued by us or selected by you to be used in conjunction with your User Name to secure access to the Website and includes any other form of security measure we prescribe from time to time to be used for securing communications between parties, authenticating a person or restricting access to a service;
Personal Secure Site means the secure online services relating to your Account which we make accessible to you when you login from the Balmain Private Investments Website using your User Name;
User Name means a user name which is issued to you to be used to log in to your On-Line Account on the Website;
We and us mean Balmain Private Investments and our has a corresponding meaning; and
You means the user of the Website, who is issued with a User Name and your has a corresponding meaning.
2. Account Terms and Conditions
These Terms and Conditions together with the relevant Account Terms and Conditions govern your use of your User Name and the Website. If there is any inconsistency between these Terms and Conditions and any of the Account Terms and Conditions, the Account Terms and Conditions will prevail to the extent of the inconsistency.
3. Personal Secure Site technical access
You are responsible for obtaining access to the Website and that access may involve third party fees (such as internet service provider charges) for which you are liable. In addition, you must provide and are responsible for all equipment necessary to access the Website. You acknowledge that we reserve the right to log you out of a Website session at any time (for example where once logged on, you are inactive for a reasonable period of time).
4. User Name, Password & security
To login and access the Website, you will need to use your User Name and Password. You are responsible for maintaining the confidentiality of your User Name and Password including changing the temporary Password we give you upon receipt, and at regular intervals to ensure ongoing security. You are fully responsible for all activities that occur using your User Name and Password. You agree that you will not provide anyone with access to, or allow anyone else to use, your User Name and Password. Specifically you agree to:
- immediately notify us of any unauthorised use (or suspected unauthorised use) of your User Name or Password or any other breach of security (or suspected breach of security) and
- ensure that you log out from the Website at the end of each session.
5. Independent Advice
In preparing the information, including but not limited to Emessages and marketing communications and market information contained on the Website, we have not taken into account your objectives, financial situation or needs. Before investing on the basis of the information contained on the Website, you should consider (with or without the assistance of an adviser) whether the information available through the Website is appropriate to you in light of your particular objectives, financial situation and needs. You should obtain and read carefully the Product Disclosure Statement and any other relevant offer documents (including Supplementary Product Disclosure Statements where applicable) relating to a product referred to on the Website before making any decision about whether to acquire the product.
6. Marketing and other Communications
You acknowledge that the Website may include certain communications from us, such as service announcements, administrative messages and marketing material and that these communications are considered part of the Website and you will not be able to opt out of receiving them, and you consent to us sending you such communications by any electronic means including posting notices on the Website, or by e-mail and/or SMS if you have previously provided us with these contact details.
7. News, Insights and Market Information
This clause relates to the news, insights and market information (in this clause called Information) provided on the Website. You acknowledge that the Information (in particular market information) may be intentionally delayed. Some of the Information will be sourced from third parties, and will not have been produced, checked for accuracy, or otherwise reviewed by us or any other company in the Balmain Group. The Information may constitute the intellectual property of and be proprietary to us and/or third parties and you agree not to reproduce copy or otherwise use the Information other than for your personal use (as permitted by these Terms and Conditions) without the express written permission of us or the relevant provider of that Information.
8. Third Party Accounts
We may provide access to some of your Third Party Accounts through the Website for your convenience. This may involve providing you with a link to the third parties’ websites. Where you leave the Balmain Private Investment Website via such a link, you do so at your own risk. The information available through the link to the third party website is not produced, checked for accuracy, or otherwise reviewed by us or any other company in the Balmain Group and the Balmain Group has no control over the information on third party sites or the products or services on them. Inclusion of a link to a third party site should not be construed as that party’s endorsement of the Website; nor should it be construed as Balmain Group’s endorsement of the third party’s site. By linking to sites operated by third parties, the Balmain Group is not authorising the reproduction of any material on such sites, as such material may be the subject of intellectual property rights.
9. Reporting errors and breaches
You agree to report to us, as soon as practicable, any errors you find on the Website and any breaches of these Terms and Conditions that you identify or otherwise become aware of through your use of the Website (including any content that could reasonably be regarded as likely to be defamatory, misleading or deceptive, or which you know would amount to illegal or unauthorised activities). We will remove any offending material as soon as practicably possible following the report and our investigation.
10. Modifications to the Website
You agree that we may, acting reasonably modify, remove, disable, suspend or temporarily discontinue or replace, the Website (or any part of the Website, including any information, data or service) with or without notice. Where reasonably possible, we will give you notice of such modifications or discontinuance, but this may not be possible in all circumstances.
You agree that:
- use of the Website is at your own risk.
- The Website is provided on an "as is" and "as available" basis;
- we, our licensors and other contributors to the Website make no warranty that:
- the Website will meet your requirements,
- the Website will be uninterrupted, timely, or error-free,
- the results that may be obtained from the use of the Website will be accurate or reliable,
- the quality of any products, services, information, or other material obtained by you through the Website will meet your expectations,
- any errors in Materials consisting of software will be corrected and
- we will retain any data or information or recover any loss of data or information you post on the Website;
- any material downloaded, or otherwise obtained through the use of the Website (including any Materials), is done at your own discretion and risk;
- no advice or information, whether oral or written, obtained by you from us or through or from the Website creates any warranty, not expressly stated in these Terms and Conditions or imposed by statute; and
- due to the global nature of the internet, users outside of Australia and its States and Territories (Jurisdiction) may access the Website. The Website is not intended for use by a person outside of the Jurisdiction. All marketing materials for products and services appearing on the Website are solely intended for residents of the Jurisdiction. As such, we are not subject to regulatory controls that may exist outside of the Jurisdiction.
12. Proprietary rights / Copyright
You acknowledge and agree that the Website consists of, and contains, Materials that are owned by the Balmain Group, its licensors and other contributors to the Website and protected by applicable intellectual property and other laws. Except as we expressly authorise, you agree not to modify, rent, lease, loan, sell, or otherwise distribute, or create derivative works based on, these Materials, in whole or in part.
We grant you a personal, non-transferable and non-exclusive right and licence to use the Website and the relevant Materials; provided that you use the Website for legitimate purposes and do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Materials. You agree not to modify the Materials or any part of the Website in any manner or form, or to use modified versions of the Materials or the Website, including (without limitation) for the purpose of obtaining unauthorised access to the Website.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, the Website or any portion of it, including the Materials and including any data contained within the Website.
13. Privacy/ Collection of Personal Data
14. Limitation of liability
These ‘Limitation of liability’provisions should be read carefully as they exclude or limit our legal liability in connection with your use of this website. Nothing in these terms and conditions and in particular within the ‘Limitation of liability’ clauses shall attempt to exclude liability that is not permissible to exclude under applicable law.
You acknowledge and agree that, subject to clause 15, we are not liable to you or any third party for any damages or loss resulting from us acting in accordance with these Terms and Conditions for example (but not limited to):
- termination of your access to your On-Line Account;
- us limiting the number of, deleting or failing to store any content or messages which are produced or available on the Website;
unless such liability or loss has been caused by our own negligence, fraud or default under these Terms and Conditions.
You acknowledge and agree that we are not liable to you or any third party for any damages or loss resulting from your failure to comply with your obligations under these Terms and Conditions for example (but not limited to):
- Your failure to keep your User Name and password secure
- Allowing a third party to access the Website using your User Name and password
- any unauthorised use of the Website, including by any third party, unless you promptly advise us that there has been, or you suspect unauthorised use of your User Name and Password;
- your failure to provide us with updated information (including your contact details)
- content that you post on the Website in breach of these Terms and Conditions;
- any interference with or damage to (or any attempt to interfere with or damage) any code, data or software associated with the Website caused by or facilitated by you; unless such liability or loss has been caused by our own negligence, fraud or default under these Terms and Conditions.
You acknowledge and agree that we are not liable to you or any third party for any damages or loss resulting from or in any way related to:
- any modification, delay, interruption, suspension, unavailability or discontinuance of the Website;
- any fault, error or defect in design or engineering of the Website;
- any damage to your computer system or damage to or loss of data that results from the download of any material associated with, or accessed through, the Website;
- any inaccuracy or incompleteness of information or data available via the Website;
- your reliance on any general advice, research or information available on the Website; and/or;
- your reliance on the services made available through the Website (including Emessages); unless such liability or loss has been caused by our own negligence, fraud or default under these Terms and Conditions.
Subject to clause 15, if we facilitate linkages to any third party websites or any Third Party Accounts from the Website, we are not liable to you or any third party for any damages or loss resulting from or in any way relating to:
- accessing, transacting or relying on information provided on any third party websites or Third Party Accounts;
- any delays, defects or omissions that may exist in the services, information or other content provided on any third party websites or Third Party Accounts.
Subject to clause 15 and except as expressly set out in these Terms and Conditions, we give no warranties relating to the subject matter of these terms and conditions.
If right or term implied by law (whether by statute or otherwise) is capable of exclusion, it is hereby excluded. If a right or term implied by law (whether by statute or otherwise) cannot be excluded, but our liability for breach of such right or term is capable of limitation, then we hereby limit our liability for such a breach to either of the following at our discretion:
- the resupply to you of the relevant Website service; or
- the payment of the cost of resupply of the relevant Website service.
15. Responsibility for our losses
You are liable to us and our related bodies corporate, officers, agents, and employees, in respect of any claim or demand, including but not limited to any claim by a third party for defamation, including reasonable legal fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Website, your use of the Website, your connection to the Website, your violation of these Terms and Conditions, or your violation of any rights of another. Despite the rest of this clause, we are liable for any losses, costs or expenses caused by our own neglect, fraud or default.
You acknowledge that a breach, or threatened breach, of your obligations under these Terms and Conditions may cause us immediate and irreparable harm for which monetary damages alone may not be an adequate remedy. You agree that, in addition to any other rights and remedies which may be available to us at law or in equity, we are entitled to seek injunctive relief against such breach or threatened breach.
We may change these Terms and Conditions by giving you notice of the variation in the following manner:
- where the variation would cause you detriment, by giving you at least 21 days written notice by e-mail, if you have provided us with a current e-mail address, or, where we do not hold a current e-mail address for you, by posting a notice on the Website which will take effect 21 days after posting; or
- where the variation would not cause you detriment, by posting a notice on the Website, and such variations will take effect 14 days after posting.
17. Complaints and Dispute Resolution
We have procedures in place for handling Investor complaints. Please contact the Balmain Private Investments Team in the first instance by calling 1800 138 231, or by writing or emailing the Balmain Complaints handling team :
Balmain Fund Administration Limited
Attn: The Complaints Officer
Level 14, 60 Castlereagh Street
Sydney NSW 2000
Click HERE for a link to the Complaints page of this website.
You agree that we may (acting reasonably) terminate your use of and access to your On-Line Account for any of the following reasons:
- breach or violation or suspected breach or violation of these Terms and Conditions, any Account Terms and Conditions or any other incorporated agreements or guidelines;
- to comply with our obligations under any applicable laws;
- fraud or suspected fraud;
- requests by law enforcement or other government agencies; and
- unexpected technical or security issues or problems. Where possible, we will give you reasonable notice of termination, however this will not be possible in all circumstances.
We may provide you with notices, including those regarding changes to these Terms and Conditions, by email, regular mail, or postings on the Website. You should check for any such changes each time you use the Website.
Our failure or delay to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of that right or provision.
21. Severance of terms
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or void, the parties agree that the provision or part of the provision found to be invalid or void should be severed and that the court should endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of these Terms and Conditions remain in full force and effect.
22. No right of survivorship and non-transferability
You agree that your rights under these Terms and Conditions are non-transferable and all rights, including any rights over any information about you held by us, terminate upon your death.
The section titles and subtitles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
The laws of New South Wales govern these Terms and Conditions and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
Annexure (to the Website Terms and Conditions): Investor Control Console Services
- We will send you Emessages via SMS, email or other electronic means, at times or upon events nominated by you.
- You must notify us immediately if your mobile phone is lost or stolen or where your registered mobile phone number is no longer within your control. You must notify us immediately if the email address you have given to us for the purpose of sending Emessages is compromised or ceases to be your preferred address.
- You agree that we may use a third party to send or receive the SMS messages. In this context, you acknowledge that:
- there may be delays in sending SMS messages, and the circumstances of your account, including available funds or available financial products, may change during any period of delay;
- Emessages include services or components which are supplied by persons not controlled by us and that such persons (each a Service Provider) may change from time to time without any prior notice to you;
- we are not associated with such Service Providers and do not guarantee their performance of obligations necessary for Emessages to operate: and
- if you rely on Emessages, you are responsible for checking the accuracy, completeness and timeliness of SMS message receipt and delivery.
- In respect of our Emessages service, we exclude all liability for costs incurred and losses suffered by you which were caused by you, your mobile phone service providers or other Service Providers.
- If you rely on the information in the Emessage, you are responsible for checking the accuracy and completeness of information on the Emessage. We take no responsibility for not updating the Emessage or for any errors or omissions or losses you may incur which in any way relates to your use of the Emessage.