Disclaimer
Introduction
IPG Funds Management Pty Ltd ACN 604 296 013 (IPG FM) (AFSL No 476564) is part of the IP Generation Group of Companies (IPG Group). The IPG Group includes IP Generation Holdings Pty Ltd (IPGH or Company), IPG FM and each of their subsidiaries (Group members) from time to time.
The IPG Group provides the Investor Portal for use by existing investors who hold securities issued by IPG FM and or related party entities (these securities are referred as “holdings”). Through the Investor Portal investors will be able to view information in relation to their holdings.
By accessing the Investor Portal, you agree to be bound by the terms of use as defined in this document (“Terms”). If you do not accept these terms and conditions, you must cease using this portal. Where there is more than one person who has access to the Investor Portal (an “Authorised Person”), you acknowledge that the Authorised Person has read and agrees to be bound by these terms.
Please see our Privacy Statement for details of how we may collect and maintain personal information obtained through this Investor Portal.
Access to the Investor Portal
When you register and access an account with the Investor Portal, you agree to keep your account details (username and password) confidential and not to share them with any other person. You must notify us immediately if you become aware of any unauthorised use of your account details.
What you can do through the Investor Portal
Through the Investor Portal you can view certain information in relation to your holdings. This includes the following:
- You can view details of your holdings.
- You can view documents and statements that have been issued by IPG FM.
Provision of information
While the IPG Group takes reasonable care to ensure the information provided in this Investor Portal is complete, current and correct, you may not hold IPG Group liable or responsible for any errors or omissions.
If you find any information to be incorrect, you should notify us as soon as possible.
Use of information
You are solely responsible for any use you choose to make of this Investor Portal, and you accept liability for any and all losses, damages, costs or otherwise resulting directly or indirectly from the use of this Investor Portal. IPG Group specifically disclaims all liability for any losses, claims or damages that may be incurred as a consequence of the use of this Investor Portal, or the use of information obtained through this Investor Portal, including the unauthorised disclosure or misuse of the investor account number or investing entity number.
No intellectual property rights in the Investor Portal are assigned to you and you acknowledge that IPG Group and its licensors own all intellectual property rights in the Investor Portal.
You agree not to otherwise adapt, copy, reproduce, print, display, publish or create derivative works from any part of the Investor Portal or its software or commercialise any information, products, software or services obtained from any part of the Investor Portal without our express written permission.
Security
You are solely responsible and liable for all use of the Investor Portal by you and your Authorised Person.
You must ensure that you and your Authorised Person(s) do not permit an unauthorised person to access the Investor Portal. You agree that you are fully responsible for all activities that occur through the use of your login details and the login details of an Authorised Person. If you or an Authorised Person are concerned or become aware that your login details have been compromised or there has been unauthorised use of your login details you must inform IPG Group immediately and co-operate with IPG Group’s reasonable instructions.
IPG Group does not warrant and cannot ensure the security of any information which you transmit to the Investor Portal. Any information which you transmit is transmitted at your own risk. Once your transmission is received, the information it contains will be recorded and maintained in accordance with our Privacy Statement.
Disclaimer of liability
While we strive to provide constant, uninterrupted access to our Investor Portal, IPG Group cannot guarantee that this portal will be available at all times, and we accept no responsibility or liability for any interruption or delay to our services. Further, we cannot guarantee that access to specific client-related information will always be available; for example, an authorised contact might request to restrict access in relation to any or all of their holdings.
To the extent permitted by law, in no event will IPG Group be liable for any loss or damages, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with IPG Group or the Investor Portal or your use of or inability to use the Investor Portal, including without limitation:
(a) any errors or omissions in information in the Investor Portal;
(b) any delays or errors in the processing of information you submit to the Investor Portal or from computer viruses
(c) any loss or damage sustained by you as a result of illegal or improper access to this service;
(d) in respect of any data security incident or other data or systems breach; or
(e) in respect of viruses, other malicious software, faults or defects impacting the Investor Portal, its servers or any email sent from us, even if IPG Group is advised of the possibility of, or could reasonably expect, such damages, losses or expenses.
Indemnification
You agree to defend, indemnify and hold harmless IP Group from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use or misuse of our Investor Portals.
Governing law
These terms are governed by the laws of Victoria, Australia. No action or proceeding may be commenced or maintained in relation to the Investor Portal or these terms except in a court of appropriate jurisdiction in the Commonwealth of Australia and you hereby irrevocably agree to the jurisdiction of such courts.
Changes to these terms
IPG Group reserves the right to modify these terms of use from time to time at our sole discretion.