Terms and conditions

Please read these terms and conditions of use (“Terms”) carefully before using this website (“Site”). Your use of this Site is subject to and conditional upon your acceptance of these Terms which apply to and govern the Site, and your use of the Site constitutes your acceptance of these Terms and conditions. If you do not agree with the Terms you should leave this Site immediately. The Terms may be varied at any time and your continued use of the Site constitutes your acceptance of the Terms as amended.

The information on this Site is provided for use by wholesale investors (Wholesale Investors) only and is not being provided to retail investors. Wholesale investors are organisations such as superannuation funds, Australian financial services licensees, listed entities and individuals investing at least $500,000, or who have net assets of at least $2.5 million or a gross income of at least $250,000 for each of the past 2 financial years, as certified by a qualified accountant.

The information in this Site is provided for use by Australian residents only and is not being provided to any person who is a resident of any other country. The accessibility or distribution of the information on this Site may be restricted or prohibited by law in certain jurisdictions and ARCO Investment Management, “ARCO” (formerly Optimal Fund Management Australia) has not taken any action which may be required by law in any jurisdiction outside Australia to permit these pages to be accessed by, or for the financial products referred to on this Site to be offered to, prospective investors outside Australia. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.

Responsible entity

The information on this website is published by ARCO Investment Management, “ARCO” (formerly Optimal Fund Management Australia Pty Limited) ABN 48 129 937 837, AFS Licence Number 325159. This licence permits ARCO to provide financial product advice to and to deal in a financial product with and on behalf of Wholesale Investors only. If you are not a Wholesale Investor, please do not read or consider the material on this website. ARCO is the issuer of the financial products referred to on this Site.

No advice given

The information provided on this Site is of a general nature and does not constitute investment advice. It has been prepared without taking into account the objectives, financial situation or needs of any investor. For this reason, before acting on any of this information, you should consider its appropriateness, having regard to your objectives, financial situation or needs or you should consult a financial adviser to help you form an opinion on this information and whether it is suitable for your individual needs and aims as an investor.

None of the information on the Site constitutes an offer to issue or sell any financial product.

Investments are subject to risks including possible delays in repayment or loss of income or capital invested. Past performance of ARCO’s (Optimal’s) funds is not a reliable indicator of their future performance. ARCO does not guarantee the performance of any its funds, the return of an investor’s capital nor any specific rate of return.

Third parties

This Site provides links to other websites operated by independent third parties. ARCO is not responsible for the contents of these linked websites, and provides these links for your convenience only. Any information, opinions, representations or offers made in the linked websites are solely the responsibility of the third parties operating those sites and are not made by ARCO.

ARCO does not endorse or in any respect warrant any third party products or services by virtue of any information, material or content referred to or included on, or linked from or to this Site.

Copyright

All materials contained in this Site including without limitation any text, photographs, HTML Code, software, graphic, logos, photographs, PDF files or artwork available on this Site (“Materials”), unless otherwise indicated, are protected by intellectual property laws and must only be used for personal, non-commercial purposes only. You may display, download, print and reproduce this material in unaltered form for your personal use only, subject to the following restrictions:

  • you must keep all copyright and other proprietary notices attached to the downloaded Material;
  • you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;
  • you will not download any information or Material from any part of the Site, if you are aware, or reasonably ought to be aware, that the information or Material should not, or was not intended, to be downloaded or distributed; and
  • you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under this Agreement.
  • Any other use, including the reproduction, modification, distribution, transmission, republication, storage or display, of the Materials on this Site is strictly prohibited unless you have obtained the prior written consent of ARCO or unless it is expressly permitted by this Site.

General Disclaimers and Liability

Use of this Site is at your own risk. None of ARCO, its affiliates or any of their respective directors, officers, employees, agents, third party content providers or licensors make any express or implied representation or warranty, or shall be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with this Site, its use, content or any products or services (including ARCO’s products and services) referred to on this Site. This includes (but is not restricted to) loss or damage which may be suffered in connection with:

  • the content of the Site, including your reliance on its completeness, accuracy, suitability or currency;
  • your use of this Site and any sites linked to it;
  • your use of this Site if you are not a Wholesale Investor;
  • services supplied by ARCO under these Terms;
  • a failure or omission on the part of ARCO to comply with its obligations under these Terms;
  • the unavailability of this Site for any reason, including due to computer or communications link downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities; or
  • computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.

Continued Site availability and access

ARCO does not warrant that it will continue to make this Site available generally or at all and reserves the right at any time to impose fees for your future access to material appearing on this Site. We reserve the right at any time to alter the Site in such a way as to change the equipment needed by you to access or use the Site or any part of it.

Indemnity

You agree to indemnify and will keep ARCO, its affiliates and their respective directors, officers, employees, agents, third party content providers and licensors indemnified from and against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) incurred or suffered by ARCO (“ARCO’s Loss”) in connection with your (or where applicable, any other person using your username and password) use of this Site, breach of these Terms or breach of any rights of third parties.

Without limiting the preceding paragraph, you indemnify us for any of Our Loss incurred by virtue of any breaches by you of any third parties’ intellectual property rights as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this Site.

Exclusion of Warranties

To the extent permitted by law, ARCO expressly disclaims all warranties of any kind, whether express or implied, including without limitation all warranties with regard to information on this Site and other sites linked to it. ARCO makes no warranties that this Site is free of computer viruses, defect or contamination.

Rights we cannot exclude, limit or disclaim

This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.

Governing Law

This Site (excluding any linked, third party sites) is controlled by ARCO from Australia. These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. You and ARCO agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.