Terms of Use and Privacy Policy

Terms of Use

About this website
This website is owned and operated by Lanyon Asset Management Pty Limited (ACN 140 631 714) (AFSL 342 955) (we, our or us). These terms of use govern your viewing, access to, and use of, this website and any services, information and other material available through this website.  By accessing, browsing or otherwise using this website, you agree to these terms of use.

Privacy
By accessing, browsing or otherwise using this website you acknowledge that you have read and understood our privacy policy set out on this website at http://www.lanyonam.com/policies/ and consent to the collection, use and disclosure of any personal information you provide to us in accordance with the terms of our privacy policy.

Amendments to terms and conditions
We reserve the right to amend these terms of use, any content or feature of this website and the material available through this website from time to time and without notice to you. Subject to any express statement by us to the contrary, any amendments shall be effective immediately upon being made available on this website.

Material available on this website
Any information or advice provided on this website is general in nature and has been prepared without taking account of your objectives, financial situation or needs. As such, you should, before acting on any such information or advice, consider its appropriateness having regard to your objectives, financial situation and needs.

Further, this website does not purport to contain all the information that you may require in connection with an acquisition of any financial product offered by us, or any investment in a managed investment scheme operated or managed by us.  Before investing in any financial product offered by us or a managed investment scheme operated or managed by us, you should obtain the information memorandum or product disclosure statement relevant to that financial product or managed investment scheme and consider the information memorandum or product disclosure statement before making any decision about whether to invest in that financial product or managed investment scheme.

Whilst we make all reasonable efforts to ensure the accuracy of the material contained on this website, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any such material.  To the maximum extent permitted by law, we:
  • do not warrant or represent that any material on this website will not cause damage or is free from any defects or errors or any computer virus, trojan, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists or enables unauthorised access to, or corruption of, data;
  • will not be liable for any loss or damage however caused resulting from the use of such material; and
  • do not accept any obligation to correct or update this website or the material on this website.
Some of the statements appearing on this website may be in the nature of forward-looking statements, including statements of intentions, statements of opinion and predictions as to possible future events.  You should be aware that such statements are only predictions and are subject to inherent risks and uncertainties.  Actual events or results may differ materially from the events or results expressed or implied in any forward-looking statement and you should not place undue reliance on any forward-looking statement.  Past performance of any financial product or managed investment scheme is not an indication of future performance.
This website, and the material on this website, are intended for use by users in Australia only and should not be relied on by users who are accessing this website from a location outside of Australia.  We make no representation or warranty that this website or the material on this website is appropriate or available for use outside Australia.  If you choose to access this website from a location outside Australia, you do so at your own risk and you are responsible for compliance with any applicable laws.
Limitation of liability
To the maximum extent permitted by law:
  • we exclude all liability for any claims, expenses, losses, damages and costs (including any incidental, special and/or consequential damages or loss of profits) made, suffered or incurred by you or any other person (either directly or indirectly) in connection with the material on this website and any use of this website; and
  • you agree to irrevocably release, indemnify and hold harmless, us and our respective officers, employees and contractors (Indemnified Parties), against all claims, actions, proceedings, damages, costs, losses, liabilities or expenses (including legal costs of a full indemnity basis) of whatever nature and in whatever jurisdiction, howsoever caused (including without limitation negligence, error, misstatement, omission, misrepresentation) and which refer or relate to or arise from, directly or indirectly, in connection with the material on this website and any use of this website.  We accept this release as trustee of the other Indemnified Parties and accept the full benefit of this release on behalf of those Indemnified Parties.
Intellectual property
The intellectual property rights subsisting in the material on this website, including without limitation all logos, trade-marks (registered and unregistered), photographs, text, source code and embedded applications and the design, layout and get up of the website, but not including the external links on this website and the material accessed through such external links, are owned by us or licensed to us. Your access to, and use of, this website does not imply or grant any licence to use, infringe or exploit any such intellectual property rights.
You may view and print pages of this website as a whole without modification and for personal use only.  Nothing on this website constitutes a recommendation, representation or warranty by us that your use of this website will not infringe the intellectual property rights of any person.
You may not use, copy, reproduce, publish, licence, modify or alter this website (including material on this website) or any part of this website or incorporate any page of this website or parts of such pages into any other website or other format without our prior written consent, which we may withhold in our sole discretion.  If you do any of these prohibited acts, your rights to use this website terminate immediately and you must destroy any and all copies of any material you obtained from this website.
Links to or from other sites
This website may contain links to other websites or domains controlled or produced by third parties.  We cannot, and do not, control the content of these websites and domains.  To the maximum extent permitted by law, we exclude all liability for any claims, expenses, losses, damages and costs (including any incidental, special and/or consequential damages or loss of profits) made, suffered or incurred by you or any other person (either directly or indirectly) in connection with any information, material, products or services posted or offered on websites and domains controlled or produced by third parties.
General
These terms of use are governed by the laws applicable in the State of South Australia.  You irrevocably submit to the exclusive jurisdiction of the courts of South Australia and the division of the Federal Court of Australia in that jurisdiction, and the courts of appeal from them.  You may not object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.
Each provision of these terms of use must be read down to the extent necessary to be valid and if it cannot be read down to that extent, it must be severed.
Privacy Policy
Your privacy is important
This privacy policy outlines how Lanyon Asset Management Pty Limited (ACN 140 631 714) (AFSL 342 955) (we, our or us) collects, uses and discloses personal information as required by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (Privacy Act).
The Privacy Act (and this privacy policy) does not apply in respect of the collection, use or disclosure of information contained in employee records held by us where the collection, use or disclosure is directly related to a current or former employment relationship between us and an employee.
The kinds of personal information we collect and hold
We collect and hold personal information about investors, potential investors, job applicants, service providers, staff members and other people who come into contact with us (you).
The kinds of personal information we collect and hold may include your name, address and other contact details, which of our financial products or financial services or the financial products or financial services provided by entities associated with us you have been provided with or wish to be provided with, banking details, credit and debit card details, information contained on your passport and other identification documents, information obtained when you use our website (including which of our pages you have accessed) and any other personal information required to identify you for the purposes of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) or to identify you as a resident of the United States of America for the purpose of foreign tax compliance (if applicable).
If you are applying for a job with us, we may also collect personal information which may be considered sensitive information for the purposes of the Privacy Act.
Manner and purpose of collection of personal information
We will generally collect personal information about you directly by way of forms and other documents or information provided to us by you (including online), correspondence you provide to us and discussions with you.

We may also collect personal information about you from third parties.  For example, we may collect personal information about you from the relevant responsible entity, custodian or administrator of funds for which we act as investment manager, a company of which you are a director, or from entities with which we have arrangements for them to provide services to you on our behalf, including but not limited to third parties handling investor support enquiries, marketing or recruitment.

We will only collect, hold and use personal information (except sensitive information, see below) for the following purposes unless otherwise required or permitted by law or expressly approved by you:
  • to enable us to conduct our business generally and to facilitate the supply of financial services and other services, and the issue of financial products, to you;
  • to assess applications for financial products;
  • for our internal management purposes;
  • to manage your investments with the relevant responsible entity, custodian and administrator (as applicable);
  • to manage our relationship with you and to manage the payment and recovery of amounts payable to us by you;
  • to provide you with marketing materials in relation to new investment opportunities or our product offerings from time to time or our functions and activities via any medium including mail, telephone and email;
  • if you are a job-applicant or a potential contractor, to assess your suitability and (if successful) engage you and to assist with administering your employment or contract;
  • to monitor and profile who is accessing and using our website;
  • to comply with our legal obligations including under financial services legislation and tax legislation; and
  • for other purposes which are reasonably necessary in connection with our ordinary functions and activities.
We will only use sensitive information for the purposes for which it was provided or for a purpose directly related to such purpose, unless you agree otherwise or the use of such sensitive information is required or authorised by law.
If we are unable to collect personal information relating to you, we may be unable to provide you with the financial services or other services or the financial products you require, or continue our relationship with you.

Contact
If you have any questions relating to these terms of use, please contact us at contact@lanyonam.com.

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