Terms of Use
Welcome to the [ftinstitutional.com.au website] ("this website"). This website is owned by Franklin Templeton Investments Australia Limited ("FTI").
Your access to this website is subject to these terms of use, the Privacy Statement and any other terms of use or other statements contained on this website (referred to collectively as "Terms of use").
If you are under 18 years of age, you must obtain a parent/guardian's consent prior to using this website.
1. Terms and Conditions applicable to the use of this website
2. Terms and conditions applicable to downloading relevant information on all Fiduciary and Templeton
3. Australian based unit trusts
4. Privacy & Security Statement
5. Acceptance of Terms and Conditions
1.1 Terms and Conditions applicable to the use of this website
The information on this website is current only at the time it is placed on this website and FTI and its directors, officers, employees and agents are under no obligation to update the information or correct any inaccuracy that becomes apparent since the date this website was last updated. The information on this website is subject to subsequent events or circumstances since the date this website was last updated that may impact on the accuracy of the information.
To the extent permitted by law FTI and its directors, officers, employees and agents do not give any warranty, make any representation as to, or accept responsibility for, the accuracy, timeliness, reliability or completeness of the information contained on this website, and you rely on the information at your own risk. FTI disclaims, to the fullest extent permitted by law, any such express or implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the extent permitted by law, FTI specifically excludes any liability for any error in, inaccuracy or deficiency from the information on this website and disclaims any liability for any loss or damage that you or any other person may suffer as a result of relying on any of the information contained in this website, whether caused by the negligence or FTI or otherwise.
1.2 To whom this information is provided and legal jurisdiction
The information and functions contained in this website have only been prepared for and are only for the use of persons who are accessing the website within Australia.
1.3 Purpose of information
The information contained in this website is intended as general information only and has not been prepared to take into account individual investment objectives, financial situation or investment needs. Because of this, you should assess whether the information on this website is appropriate to your particular investment objectives, financial situation or investment needs. And you should obtain the relevant disclosure document relating to the financial product before making any decision about whether to acquire the financial product.
FTI recommends that you seek professional advice before making any investment decision. FTI does not guarantee any particular rate of return, the performance of any investment or the repayment of capital from any investment.
1.4 Copyright and trademark Ownership Policy
Copyright to this website is owned by Franklin Resources Inc or its associates or related bodies corporate (collectively "Franklin Templeton"), all rights reserved. Except where otherwise noted, the contents of the Franklin Templeton sites on the Internet are the property of Franklin Templeton, and is protected by worldwide copyright and/or trademark laws and treaties. Except as expressly provided in these Terms and Conditions, Franklin Templeton does not grant you any rights under any copyright or trademark law. For example, you may not use, post, or distribute in any way content or material from this website (including text, images, video, audio, software code, or user interface design or logos), except for personal non-commercial use, in the case of investors or shareholders, that is reasonably related to your purchase, sale, exchange, or use of Franklin Templeton products or services. We reserve the right to terminate your access to our website at any time. No reverse engineering, linking, framing, or modification of any part of this website is allowed without our written approval.
1.5 Guidelines for linking to FTI's Website
If you would like to create a link to the FTI website, you must comply with all applicable laws, and these Terms and Conditions.
1.6 Information from third parties
This website provides a link to other Franklin Templeton websites located in the United States and globally. This website allows you to access product information provided by Franklin Templeton in the United States and globally. We do not review, and cannot be responsible for, the content or continued accessibility of the services provided or information posted by independent providers who are not affiliated with Franklin Templeton ("third parties") or third party sites that are linked to our website, either with or without our permission. In the case of third party content, the information is provided "as is" and neither Franklin Templeton nor FTI has taken steps to ensure that any information, materials, services and applications that have been provided by third parties have been prepared to take into account individual investment needs and objectives. FTI recommends that you seek professional advice before making any investment decision.
FTI and its directors, officers, employees and agents do not give any warranty, make any representation as to, or accept responsibility for, the accuracy, timeliness, reliability or completeness of the information contained on the website, given by any third party and you rely on the information at your own risk. The information provided by third parties is not taken as provided by or endorsed by FTI.
FTI also disclaims responsibility for any damages third parties may cause to you through the use of this site, whether intentional or unintentional. For example, you understand that hackers may breach our security procedures, and that FTI will not be responsible for any related damages.
1.7 Availability of site
FTI may without notice discontinue the website at any time. In addition, access to service may be interrupted or suspended without notice to facilitate the carrying out of maintenance on the site, or for other reasons beyond FTI's reasonable control. Examples would be if there is an interruption or fault in any part of FTI's computer or telecommuncations systems. Such interruption may be caused by breakdown, system overload, virus attack, unauthorised access, denial of service, or other malicious attack.
FTI will not be liable for any loss or damage caused as a result of such interruptions. You are responsible for your connectivity. You also agree that you are responsible for the means you use to access the FTI Web site and understand that your hardware, software, the Internet, your Internet Service Provider, and other third parties involved in connecting you may not perform as intended or desired.
1.8 Variation of Terms of Conditions
FTI reserves the right to change the website and these Terms and Conditions at any time, without notice. Likewise, our third party content providers may have reserved a similar right to modify the restrictions they impose on use of their content. If you use this website after we post changes to the Terms and Conditions, you accept the Terms and Conditions as modified. Similarly, use of third party content after a change in the posted restrictions pertaining to that content will also constitute acceptance of those changes.
1.9 Liability
To the maximum extent permitted by law, FTI will not be liable in any way for any loss or damage suffered by you through use or access to this website or any service available as part of the website, or FTI's failure to provide this website or any FTI service. FTI's liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this website or any part of it or any service available as part of the website, or for any problems with this website or the provision of information through a FTI service, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupplying this website or any part of it to you including resupplying to you any FTI service available as part of the website, or to paying for the resupply of this website or any part of it to you.
2.1 Terms and conditions applicable to downloading relevant information on all Fiduciary and Templeton
This website is only to be used by wholesale investors as defined in section 761G of the Corporations Act 2001 (Cth). This means that this website is targeted at institutional and sophisticated investors, not retail investors.
This website gives you access to information on all Fiduciary and Templeton Australian based unit trusts. The information available includes constitutions, information memoranda, prospectuses, performance data, unit prices, financial reports and distribution histories (collectively known as "disclosure material").
This section of the FTI website enables you to download disclosure material. Please read the disclosure document before making an investment decision.
The issue and expiry date of each information memoranda or prospectus (collectively known as "disclosure document") is set out in the relevant disclosure document. FTI will forward you a paper copy of the disclosure document upon receipt of your request. Please read the disclosure document carefully before you make an investment decision.
2.2 No guarantee of performance
FTI makes no guarantee of the success of any of the Fiduciary or Templeton Australian based unit trusts in this section of the FTI website nor the repayment of capital or any particular rate of capital or income return.
Investments are subject to investment risk, including possible delays in repayment and loss of capital and income invested. The value of an investment may rise or fall. FTI does not guarantee the repayment of capital or the performance or any particular rate of return from the Funds.
You should be cautious about future or "forward-looking" statements. Speculation or stated beliefs about future events, such as market and economic conditions, company or security performance, upcoming product offerings or other projections are "forward-looking statements" and involve risks and uncertainties. General business, market, economic and political conditions could cause actual results to differ materially from what we presently anticipate or project.
2.3 Other information
An application to invest in any of the trusts in this section of the FTI website to which a disclosure document relates can only be made on completion of an application form for that disclosure document.
3.1 Australian based unit trusts
To ensure service quality and better serve our customers, FTI expressly reserves the right to access, archive, or monitor any use of this website.
3.2 Links to other sites
While you are able to access various other sites by clicking on links, you should be aware that these other sites are not subject to our privacy and security standards. Please ensure you contact them if you have any concerns
4.1 Privacy & Security Statement
FTI has no responsibility for viruses or any other damage that may be caused to you as a result of using this website. We also do not promise that any software or other information that you may download or copy will be error free. If any defects are detected, we do not promise that they will be corrected.
4.2 Internet email
We discourage you from using email for sending confidential or sensitive information. If you send email (encrypted or not) to us over the Internet, you are accepting the associated risks of lack of confidentiality.
5.1 Acceptance of Terms and Conditions
These Terms of Use are governed by the law in force in the State of Victoria, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and courts of appeal from them for determining any dispute concerning the Terms and Conditions.
If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the Terms of Use have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
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