| TERMS AND CONDITIONS |
This website (the "Site") is owned, operated and maintained by Oasis Asset Management Ltd (ACN 090 906 371) (“Oasis”) on its own behalf and on behalf of MoneyOne.Com.Au Limited (ACN 092 030 352) and Strategy Portfolio Ltd (ACN 094 486 003) ("Strategy"). Oasis provides the Site to clients of Advisers and Dealers using Oasis products in order to provide Investors information about their investment. Oasis also provides access to other areas of the Site for Advisers and Dealers acting on behalf of Investors.
The following terms and conditions deal with general access to and use of the Site. Your access to and use of the Site is conditional on acceptance of these Terms and Conditions. Use of the Site indicates your acceptance of these Terms and Conditions and your agreement that the collection, disclosure and use of your personal information as a result of your use of this website is subject to Oasis privacy policy . Please read these Terms and Conditions and privacy policy carefully before using the Site.
This Site is provided for Australian residents only and cannot be used by any person who is a resident of any other country unless that person is an Investor using an Oasis product.
If you wish to invest in a product referred to in this website, please contact Strategy Client Services on 1300 368 458 for details of your nearest Adviser offering the products. Full details of up to date fees and charges, interest rates, terms, product information and any special offers are also available from these Advisers.
Advisers and Dealers can contact Strategy Client Services on 1300 368 458 to obtain information memorandums for Oasis products.
1) Access
1. In order to use this Site, you need the equipment and connections necessary to access the internet. You are responsible for:
2. Oasis reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that Oasis believes, in its sole discretion:
2) System Integrity & User Conduct
You must not use the Site to:
3) Links & Advertising
1. This Site may contain links to third party websites. Those sites are not under the control of Oasis and Oasis is not responsible for the content or the links contained in those sites.
Oasis may recommend the use of certain information or resources provided by its recognised business partners via a link to the website of a recognised business partner.
Neither Oasis nor its officers, directors, employees, agents, or related bodies corporate are responsible for the content of any third party sites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on this Site or linked to or from this Site (including the websites of recognised business partners). You acknowledge that you enter any third party websites (including the websites of recognised business partners) at your own risk.
2. The Site may contain advertisements or endorsements for third parties' goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. If you choose to acquire goods or use a service advertised by a third party on the Site, you do so using your own judgment and at your own risk.
The relationship between Oasis and its recognised business partners is independent and Oasis is not responsible or liable for the provision of goods or services by those business partners. If you choose to acquire goods or use a service of a recognised business partner, you do so using your own judgment and at your own risk.
Unless otherwise stated on the Site, neither Oasis nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them.
Oasis accepts no responsibility for the advice of financial Advisers or Dealers offering Oasis products.
4) Use of Material
1. The information provided on this Site is not intended to be investment advice or recommendations, nor is such information intended to constitute an offer or invitation to acquire financial products or securities.
Any financial or other information posted on this Site is prepared for the general information of Investors or Advisers or Dealers using an Oasis product.
Your particular financial objectives, needs and circumstances have not been considered in the preparation of information posted on this Site. Your particular circumstances may determine or affect the applicability and relevance of the information contained on this Site. You should seek professional investment advice before relying on such information to make investment decisions or before acting upon the information provided on this Site.
2. Some information on the Site is supplied by third parties. Financial information about the performance of an Oasis product and any other comparable investment or retirement funds is sourced from Morningstar Research Pty Limited ("Morningstar"), an independent investment fund research company.
Oasis will, at all times, take reasonable care to ensure that it presents an accurate representation of the original information supplied by Morningstar or any other third party provider. Oasis will disclose its third party sources and make appropriate disclosures regarding the benefits and limitations of comparative financial information in accordance with the law.
Oasis takes no responsibility for the accuracy of the original information which is sourced from Morningstar or any other third party provider.
Use of the information sourced from Morningstar is subject to the following Morningstar disclaimer. For the purpose of these Terms and Conditions, the reference to Morningstar "publication" means any data presented on the Site as sourced from Morningstar.
Morningstar Disclaimer:
Morningstar Research Pty Limited ACN 062 096 342 ("Morningstar") has taken all care in preparing this publication but to the extent that it is based on information received from other parties no liability is accepted by Morningstar for errors contained in the publication or omissions from the publication. Morningstar gives neither guarantee nor warranty nor makes any representation as to the correctness or completeness of the information presented in the publication. Morningstar publishes data and ratings on the basis of information disclosed to Morningstar by investment product providers and on past performance of products. Past performance is no guarantee of future performance. While Morningstar does not admit that any information contained in this publication constitutes the provision of securities advice, Morningstar warns that: (a) in preparing this publication, Morningstar did not take into account the particular investment goals and objectives, anticipated resources, current situation or attitudes of any particular person; and (b) before making any investment decisions on the basis of this publication, any Investor or prospective Investor needs to consider, with or without the assistance of a securities Adviser, whether the advice is appropriate in light of the particular investment goals and objectives, anticipated resources, current situation and attitudes of the Investor or prospective Investor.
5) Disclaimer of Warranties & Limitation of Liability
1. Subject only to 2 below:
2. If Oasis cannot lawfully exclude or modify its liability under a statutory term, condition or warranty, then the term, condition or warranty is deemed to be included in these terms and conditions and to the extent permitted by law the liability of Oasis, its officers, directors, employees, agents and related bodies corporate for a breach of that term, condition or warranty, (including any economic or consequential loss) is limited, at the option of Oasis, to:
6) Indemnification
You agree to indemnify, defend, and hold harmless Oasis, and its officers, directors, employees, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers' fees) arising from your use of the Site or your failure to comply with these terms and conditions, or from your violation of any applicable law.
7) Intellectual Property Rights
1. The information, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (the "Content") is protected by copyright, trade mark and other intellectual property laws.
2. You must not modify, copy, reproduce, republish, frame, upload to a third party, transmit or distribute in any way the Content except as expressly provided in these Terms and Conditions or as permitted by the Copyright Act.
3. The Oasis logo and name are the trade marks of Oasis Asset Management, and may not be used as part of your business or in connection with any goods or services without the prior written consent of Oasis.
4. The logo and names of an Adviser or a Dealer are the trade marks of the respective Adviser or Dealer, and may not be used as part of your business or in connection with any goods or services without the prior written consent of the respective Adviser or Dealer.
8) Secure Pages
1. To access the secure pages on the Site, you must be an Investor with funds in an Oasis product, or be an Adviser or Dealer with Investor clients who have funds in an Oasis product.
2. To gain access to the secure pages of this Site, you must complete and submit an application form, which you can obtain from a third party. You agree to provide true and correct information about yourself when completing this.
5. The values shown on the Site in the Investor information may differ from the actual value of your Oasis product depending on the date and time that you view this information on the Site. The value of your investment in an Oasis product stated on the Site is based on information updated on a daily basis. Oasis will endeavour to update the value of your investment within 24 hours of changes. However, delays in updating this information may occur.
6. The balance of your investment may not include recent transactions that have been accepted but not yet processed. Oasis will update Investor information to take account of new transactions within 48 hours of receiving your request to process a new transaction. Again delays in updating this information may occur.
7. Oasis will update your Investor information (other than the information described in clause 5 within three business days of receiving your written request for a change.
8. Oasis has put in place reasonable security measures to protect the information you provide or obtain when accessing the secure pages of the Site. However, the world wide web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
9. Subject to 5 and 6 above, Oasis warrants the accuracy of Investor information sourced from its database on the secure pages of the Site, provided that such information has not been tampered with, hacked or otherwise interfered with by a third party.
9) General
1. Oasis may from time to time amend, update, or change the Site, including these Terms and Conditions, without prior notice.
2. Oasis shall not be liable by reason of the failure in the performance of obligations under these Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of Oasis, including any form of technological failure or the actions of third parties.
3. These Terms and Conditions constitute the entire agreement between you and Oasis with respect to this Site, and these Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.
4. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is nor enforceable, and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
5. The failure by Oasis to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of Oasis in respect of any existing or subsequent breach of these Terms and Conditions.
6. An e-mail which is sent to Oasis using the Site or any other means is taken to be received by Oasis when the e-mail message enters the electronic mail box of Oasis and is able to be opened in readable form. Proof of an e-mail being received is established by production of an electronic or paper record of the date and time that the e-mail message entered the electronic mail box of Oasis and was able to be opened in readable form.
7. The law of New South Wales, Australia governs these Terms and Conditions.