The following terms and conditions ("Agreement") apply to all services, information and products that you use or otherwise access through this site ("Site") from time to time provided by Members Equity Bank Ltd ("ME") and ME Portfolio Management Limited ("MEPM" and together with ME, the "ME Parties") in relation to the Superannuation Members' Home Loans (SMHL) and Maxis Loans (formerly National Mutual Home Loans) programs (collectively, the "Service"). If you do not agree with this Agreement, you should immediately cease use of the Site and cease use of all information and materials you obtained through the Site. You agree that you will use the Service solely for your benefit and your internal business purposes, and you will not use the Service for the benefit of any third party, including any of your affiliates.
This Site is controlled, operated and administered by the ME Parties from their offices in Melbourne, Australia. The Service, Content (defined below) and products discussed in this Site are available only to residents of Australia, the UK and USA, and the information provided through the Site is only for the use of such persons. Nothing on this Site shall be considered a solicitation to buy or an offer to sell a security to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful. The ME Parties make no representations that Content is appropriate for use in all locations, or that transactions, products, instruments or services discussed are available or appropriate for sale or use in all jurisdictions, or by all investors or counter parties. Those who access this site do so on their own initiative, and are responsible for compliance with applicable local laws or regulations.
proprietary rights of the me parties
The ME Parties have expended substantial time, effort and funds to create the Service. You acknowledge and agree that the ME Parties or their affiliates exclusively own or have been licensed by third parties to use all rights, title and interest in the Service and the information, data, databases, images, sound recordings, audio and visual clips and other content provided by the ME Parties through the Service (individually and collectively, the "Content"). You shall not remove or modify any copyright or other notice placed on Content. You shall use the Service and Content solely for your own internal use, and not for the benefit of any third party. In no event shall you display, circulate, publish, retransmit, redistribute, reproduce or sell all or any part of Content outside of your business organisation by any means or medium now or hereafter created. If you are required by a court of law or other judicial process to disclose any Content, you may do so and you agree to notify us of the disclosure immediately. Under no circumstances should any Content be used or considered such an offer to sell or a solicitation of any offer to buy the securities or any other instruments of Perpetual Limited in its capacity as issuer trustee of funds or any other issuer. Offers can only be made where lawful under applicable law. If any information, services, or securities are offered via the Site, they are intended to be available only to residents of Australia, the UK and USA. The viewing or distribution of the Site may be restricted by law in certain jurisdictions. Persons using the Site are required to inform themselves about and observe any legal restrictions on the use of this Site and any restrictions set forth in the Site. The Site does not constitute an offer of, or a solicitation to purchase any securities in any jurisdiction in which such offer or invitation would be unlawful. If you wish to obtain further details about any information contained through this Service, there are several areas on the Site that will provide you with contacts information.
Past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those shown.
Certain links may be provided which may lead to web sites maintained by third parties over which we have no control. We take no responsibility for the content, accuracy, completeness, timeliness or current value or any aspect of that material and disclaim any liability to you for such material or for any consequence of your decision to use the links provided or your use of such material. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you through one of these sites by any third party, including affiliates of the ME Parties. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. You agree that you shall not bring a suit or claim against the ME Parties arising from or based on your purchase or use of products or services through those other sites. Links do not imply that the ME Parties or this Site sponsor, endorse, are affiliated or associated with, or are legally authorised to use any trademark, tradename, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of the ME Parties or any of their affiliates.
This section applies to all Content available through the Service. You acknowledge that Content provided through the Service is not intended to be a recommendation, offer or solicitation of any particular products or services. In addition, all research, analysis and similar market information provided represent the views and opinions solely of the author or the indicated source. The ME Parties do not independently verify the accuracy or completeness of such Content, nor do the ME Parties endorse any particular views expressed therein. The ME Parties take no responsibility for the accuracy, content or any aspect of Content and disclaims any liability to you for Content or for any consequence of your decision to use Content. You agree that you shall independently confirm any information presented to you through the Service before relying on such information. The ME Parties and their employees, contractors, agents and various contributors to the Service have no duty to correct or update any inaccurate or out-of-date Content.
It is up to you to take precautions to ensure that information and Content you download or otherwise select for your use is free of viruses and other destructive items.
term and termination of agreement
The most current form of this Agreement posted at this Site applies each time you access the Site. You should review the Agreement each time you access the Site. The ME Parties may terminate this Agreement, in whole or with respect to a Service, with or without cause, at any time immediately upon notice posted at the Site. After the termination of this Agreement or Service, you are not authorised to access or use the Service or Content, and you shall cease all such access and use. If you nonetheless access or use the Service or Content in spite of termination of the Agreement, your use of or access to the Service or Content will be subject to the version of the Agreement then in effect as to all current users.
changes to agreement and service
The ME Parties may make changes to this Agreement at any time. Your continued use of the Site indicates your continued agreement to be bound by this Agreement, as changed from time to time. You should view this Agreement often to stay informed of changes that may affect you. You agree to check the Service on a regular basis to receive important and timely notices from the ME Parties. The ME Parties may also make changes to the Service and Content, including discontinuing any Service or Content. The ME Parties reserve the right to do so without prior notice to you.
compliance with laws and indemnity
The Service and Content may be used only for lawful purposes. Your conduct may be subject to local, state, national and international laws. You agree that you shall comply with applicable laws, rules, regulations, ordinances and other similar national and international requirements of the country, state and province in which you are accessing and using the Service and Content. You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorisation. You further agree not to upload to the Service any data or software that cannot be exported without prior written government authorisation, including, but not limited to, certain encryption software. This assurance and commitment shall survive termination of this Agreement. Upon request by either of the ME Parties, you agree to defend, indemnify and hold harmless the ME Parties, their officers, directors, employees, agents, contractors or other suppliers from all liabilities, claims and expenses, including attorney fees, that arise from a breach of this Agreement for which you are responsible, or from third party claims arising from your use of the Service or Content. The ME Parties reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. Notwithstanding the foregoing, you are not required to indemnify the ME Parties for their own violations of applicable laws.
limitation of liability
You acknowledge that neither the ME Parties and their affiliated companies nor their officers, directors, employees, agents, contractors or other suppliers makes any warranties or guarantees with respect to the service and content, including without limitation, warranties regarding the accuracy or completeness of any content, or warranties of merchantability or fitness for a particular purpose. The ME Parties and such persons shall not be liable to you for any loss, cost, damage or other injury, whether in contract, tort, negligence or otherwise, arising out of or caused in whole or in part by (i) your use of or reliance on the service or content, or (ii) the ME Parties' performance of their obligations under or in connection with this Agreement. The ME Parties do not represent, warrant or guarantee that the service or content will be free from errors or will be available. In no event will the ME Parties and their affiliated companies or their officers, directors, employees, agents, contractors or other suppliers be liable to you or any third party for any punitive, consequential, special or similar damages even if advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such jurisdictions, the liability of the ME Parties, their affiliates and their officers, directors, employees, agents, contractors or other suppliers shall be limited in accordance with this agreement to the extent permitted by law. The ME Parties, their affiliates and their officers, directors, employees, agents, contractors or other suppliers shall not be liable for any loss, cost or damage due to causes beyond their control. You understand that the ME Parties accept no responsibility for security of information on the internet. Without limiting any of the foregoing, if the ME Parties, their affiliates or any of their officers, directors, employees, agents, contractors or other suppliers is found liable to you for any claims or matters arising under or in connection with this Agreement, the ME Parties and such parties' aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed $10,000.
This Agreement represents your entire agreement with the ME Parties with respect to your access and use of the Site and Content. This Agreement does not confer any rights, remedies or benefits upon any person other than you and the ME Parties. This Agreement may only be amended in the manner described in the Section "Changes to Agreement and Service" above. You may not assign this Agreement without the prior written consent of the ME Parties. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. The following Sections shall survive termination: SITE CONTENT, JURISDICTION ISSUES, PROPRIETARY RIGHTS OF THE ME PARTIES, LINKED SITES, NO WARRANTY, COMPLIANCE WITH LAWS AND INDEMNITY, LIMITATION OF LIABILITY and MISCELLANEOUS. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. This Agreement shall be governed by and construed under the law of Victoria, Australia. You hereby consent and submit to jurisdiction in Victoria, Australia. You hereby irrevocably waive your rights to a jury trial.
electronic acceptance of agreement
You should accept the Agreement electronically by clicking on the 'I ACCEPT' button below. Your action in clicking on that button signifies that you agree to be bound to this Agreement. You represent and warrant that the individual who accepts this Agreement on your behalf is your duly authorised representative, having the power and authority to bind you to this Agreement. Such acceptance and Agreement shall be deemed to be as effective as execution of this Agreement by a written signature performed manually by you, and this Agreement shall be deemed to satisfy any writings requirements of any applicable law, notwithstanding that the Agreement is written and accepted electronically. Our records of the date on which you accept this Agreement, and the effective date of all future changes to this Agreement, shall be conclusive evidence as to the effective date.
Our electronically or other properly stored copy of this Agreement shall be deemed to be the true, complete, valid, authentic and enforceable copy of this Agreement. You agree that you shall not contest the admissibility or enforceability of either of the ME Parties' copy of this Agreement, as amended, in a court for any proceedings arising out of this Agreement.
*If I am a Private Customer in the United Kingdom, as that term is deemed under the rules of The Securities and Futures Authority Limited, I will not access this site.
Copyright © 2002 MEPortfolio Management Limited, ACN 005 964 134 Level 28, 360 Elizabeth Street, Melbourne, Victoria 3000, Australia.