Terms & Conditions

This website, https://www.skyboundfidelis.com.au/ (Website), is operated by and on behalf of Skybound Fidelis Investment Ltd ACN 151 776 706 (Skybound, we, our or us) and its related bodies corporate. Access to and use of this Website and the products and services available through this Website (collectively, Services) is subject to the following terms, conditions and notices (Terms and Conditions). By using the Services, you are agreeing to all of the Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions.

1.            Amendment to Terms and Conditions

Skybound reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.

2.            Website

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

3.            Australian recipients only

The information on this Website is directed and available to Australian recipients only, and is not an offer for the purchase of securities or units, in any jurisdiction where such offer may not be lawfully made.

4.            General advice warning

Our general advice warning, which explains the basis on which financial product advice is provided through this Website, is available at https://www.skyboundfidelis.com.au/general-advice-warning/. By using this Website, you acknowledge that any financial product advice provided is general advice only and that you have read and understood Skybound’s general advice warning.

5.            Investment risks

All investments involve risks. Investment returns are not guaranteed. The value of investments may rise or fall and investors may lose some or all of their invested capital. Past performance is not a reliable indicator of future performance.

6.            Third party websites

This Website may contain links to other websites (Linked Sites), which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms and Conditions, policies and service contained within each such site.

7.            Intellectual property

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Skybound or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Skybound and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

8.            Privacy policy

Our privacy policy, which sets out how we will use your information, is available at https://www.skyboundfidelis.com.au/privacy-policy/.  By using this Website, you acknowledge and agree to the collection, use and disclosure of your personal information in accordance with our privacy policy and warrant that all data provided by you is accurate.

9.            Prohibited use

• You must not misuse this Website. You will not:
  • commit or encourage a criminal offence;
  • transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  • hack into any aspect of the Service, corrupt data, cause annoyance to other users;
  • infringe upon the rights of any other person’s proprietary rights;
  • send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
  • attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Breaching this provision would constitute a criminal offence and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

• We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

10.          Indemnity

You agree to indemnify, defend and hold harmless Skybound and its related parties, directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms and Conditions.

11.          Disclaimer of liability

1. Subject to any rights, guarantees or remedies which cannot be excluded, restricted or modified under the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy.
2. To the fullest extent permitted by law, Skybound hereby expressly excludes all representations, warranties, guarantees and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
3. This does not affect Skybound’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

12.          Electronic communications

By using this Website or communicating with us electronically, you consent to receiving communications from us electronically, including notices, disclosures and other communications relating to the Services.

13.          Complaints

Details of our complaints handling procedure are set out in our Financial Services Guide which can be found at https://www.skyboundfidelis.com.au/financial-services-guide/

14.          Invalidity

If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

15.          Variation

Skybound reserves the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.

16.          Governing law and jurisdiction

1. These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in Queensland, Australia.
2. The financial services provided by us are available to persons receiving them within Australia only. This Website is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject.