About ME Capital Notes Programme.
About ME Capital Notes Programme.
Site content.
The following terms and conditions (the Agreement) apply to all services, information and products that you use or otherwise access through this site (the Site) from time to time provided by Members Equity Bank Limited ABN 56 070 887 679 (ME) and any related body corporate of ME (together the ‘ME Parties’) in relation to the Capital Notes programme (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. You will keep all information and materials confidential and will not distribute it to or use the Service for the benefit of any third party, including any of your affiliates.
General.
No offer or advice.
The material on the Site is for provided for information purposes only. It is of general nature and does not contain any investment, financial, tax, legal, accounting or other advice or recommendation. Any credit rating included or referred to on the Site is not a recommendation by any of the ME Parties to buy, sell or hold securities. It may be revised or withdrawn at any time.
Before making any investment decision or otherwise acting upon information contained or referred to in the Site, you should seek independent financial, tax, legal, investment and accounting advice, and any further advice your personal circumstances may require.
The ME Parties make no representation to the accuracy or completeness of any information or material contained on or accessed through the Site.
No issue or sale of any securities or other instruments is permitted in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful. The ME Parties make no representations that a Service 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.
Jurisdiction.
By accessing the Site, you shall be deemed to have confirmed and represented to us that:
(a) you have understood and agree to the Terms of Use and this Agreement;
(b) if you are a person in Australia you are (i) a sophisticated investor, (ii) a professional investor or (iii) a person in respect of whom disclosure is not required under Part 6D.2 or Chapter 7 of the Corporations Act and the Corporations Regulations 2001 made under the Corporations Act;
(c) you are not a U.S. person (within the meaning of Regulation S under the U.S. Securities Act of 1933, as amended) or acting for the account or benefit of a U.S. person and you are not accessing the Site from anywhere in the United States, its territories and possessions (including Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, Wake Island and the Northern Mariana Islands) or the District of Columbia;
(d) if you are a person in the United Kingdom, then you are a person who can access the Site in circumstances in which Section 21(1) of the Financial Services and Markets Act 2000 (FSMA) does not apply to the ME Parties in respect of any notes and otherwise in accordance with the FSMA;
(e) if you are a person in a Member State of the European Economic Area or the United Kingdom, you are not a “retail investor”, being a person who is one or more of the following (i) a retail client as defined in point (11) of Article 4(1) of Directive 2014/65/EU, as amended (MiFID II), (ii) a customer within the meaning of Directive 2002/92/EC, as amended (the Insurance Mediation Directive), where that customer would not qualify as a professional client as defined in point (10) of Article 4(1) of MiFID II or (iii) not a qualified investor as defined in Directive 2003/71/EC, as amended (the Prospectus Directive);
(f) if you are a person in Hong Kong, you are a professional investor as defined in the Securities and Futures Ordinance (Cap. 571) of Hong Kong (the SFO) and any rules made under the SFO;
(g) if you are a person in Singapore, you are an “accredited investor” or “institutional investor” (each term as defined in the Securities and Futures Act Cap. 289 of Singapore (the SFA)) or you are otherwise authorised to access the Site under Sections 274 and 275 of the SFA;
(h) you are not a resident of Japan (as defined under Item 5, Paragraph 1, Article 6 of the Foreign Exchange and Foreign Trade Act (Act No. 228 of 1949, as amended) (the FIEA)), and you are authorised to access the Site in accordance with the FIEA and any other applicable laws, regulations and ministerial guidelines of Japan;
(i) if you are a person in New Zealand, you are not a retail investor, in terms of the Financial Markets Conduct Act 2013 of New Zealand (the NZ FMCA), and you are authorized to access the Site in accordance with the NZ FMCA and any other applicable law; and
(l) you are entitled to access the Site under all laws, regulations and directives applicable to you (including without limitation those applicable in the jurisdiction from which you are accessing the Site).
Linked sites.
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.
Past performance.
Past performance is not indicative of future results. No forecast shall be interpreted as a representation as to future matters. No representation is being made that any investment will or is likely to achieve profits or losses similar to those shown, and actual future outcomes may vary significantly from forecasts.
Limitation of liability.
You acknowledge and agree 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 may have interests in relation to the transactions, securities or other instruments described on the Site, and these interests may conflict with yours.
To the maximum extent permitted by law, the ME Parties and affiliated companies, their officers, directors, employees, agents, contractors or other suppliers 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. To the maximum extent permitted by law, the ME Parties and their affiliated companies or their officers, directors, employees, agents, contractors or other suppliers exclude any liability to you or any third party for any punitive, consequential, special or imilar damages even if advised of the possibility of such damage. To the maximum 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 any law prohibits the exclusion of such liability in any respect, the ME Parties, their affiliates and any of their officers, directors, employees, agents, contractors and other suppliers limit their aggregate and maximum liability for any matters or claims in any calendar year to $10,000.
Governing law and jurisdiction.
The Terms of Use and the Agreement are governed by and will be construed in accordance with the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales.
Copyright © 2021 Members Equity Bank Limited, ABN 56 070 887 679 Level 28, 360 Elizabeth Street, Melbourne, Victoria 3000, Australia.