By signing this Application Form, I/we acknowledge and agree that for each investment in a Pendal fund:
- I/we have received, read and understood the Product Disclosure Statement (PDS) or Information Memorandum (IM) (as the case may be) for the fund (as amended from time to time). In conjunction with the PDS, I/we confirm that I/we have been notified that a Target Market Determination (TMD) is available for the Pendal fund, and that I have read the TMD, and understand the target market to whom the Pendal fund relates
- I/we consent to the terms, conditions, declarations and acknowledgements in the PDS or IM (as the case may be) and in this Application
- I/we am/are bound by the terms and conditions of the PDS or IM (as the case may be), this Application and the terms of the Constitution of the fund (as amended from time to time)
- all future transactions in the fund will be made on the terms of the then current PDS or IM (as the case may be) and that the declarations and acknowledgements made in this Application will also apply to all such future transactions
- all the details given in this Application are accurate, complete and up-to-date.
5.2 ELECTRONIC APPLICATIONS
By making an electronic application using the Online Application Portal, I/we acknowledge, understand and agree that:
- the electronic application satisfies any requirement of law, the terms of the constitution of the Pendal fund in which I/we are investing into (as amended, from time to time) and any other requirements that require the application to be made in writing and signed or executed by me/us
- any soft copy of an application so signed or executed will constitute an executed original application, and any hard copy print out of an application will also constitute an executed original application
- I/we accept all risks that may arise from making electronic applications and I/we release and indemnify Pendal (including any member of the Pendal group of companies) and their service providers severally from and against all liability which may be suffered by me/us or by Pendal or brought against Pendal (including any member of the Pendal group of companies) or their service providers howsoever caused in connection with my/our application or investment in the Pendal fund(s).
5.3 APPLICATION MONEY
I/We undertake that I/we are not aware and have no reason to suspect that the money used to fund my/ our investment in a Pendal fund is derived from or related to:
- money laundering, terrorism financing or similar activities
- illegal activities; and
- proceeds of investment made in connection with the fund will fund illegal activities.
5.4 NO GUARANTEES
I/we agree and acknowledge that for each investment in a Pendal fund:
- neither Pendal, nor any other company in the Pendal group of companies guarantees the repayment of capital or the performance of the fund
- investments in the fund are subject to investment and other risks, including possible delays in payment of withdrawal proceeds in some circumstances, and loss of income and principal invested.
5.5 LEGAL CAPACITY
I/we declare that I/we have the legal capacity and power to make an investment in the Pendal fund(s) in
accordance with this Application.
By signing this Application, I/we acknowledge and agree that where I/we have quoted my/our TFN(s) or ABN(s) in this Application, my/our TFN(s) or ABN(s) will also be applied to all my/ our existing investments in Pendal funds. I/we consent to the use of my/our TFN(s) or ABN(s) in this way, even if I/we have not previously supplied or quoted my/our TFN(s) or ABN(s) in respect of my/our existing investments with Pendal.
By signing this Application , I/we also confirm and/or agree that for each investment in a Pendal fund:
- I/we have received and accepted this offer in Australia
- I/we consent to telephone conversations being recorded and listened to for training purposes or to provide security for transactions
- if a transaction request is invalid, it will not be processed by Pendal until valid documentation is received
- if Pendal reasonably believes a signature on a document, such as a withdrawal request, to be genuine, Pendal is entitled to rely on that signature and will not be liable for any loss I/we may suffer if it is later found that the signature was fraudulent
- if Pendal makes an incorrect payment to me/us, Pendal is entitled to deduct the amount incorrectly paid from any of my/our investment(s) in any of the Pendal funds
- I/we authorise Pendal to lodge a withdrawal request as attorney for me/us if any relevant minimum total investment balance requirements are not attained or maintained
- any communication in relation to cooling off, including details required to withdraw my/our investment(s) in the fund will be taken to be from me/us and further acknowledge that Pendal may act on these instructions and will not be liable for any loss I/we may suffer if it is later found that the communication was fraudulent.
5.8 PROTECTING YOUR POLICY
By signing this Application, I/we acknowledge, and agree that:
Investors investing via a master trust or wrap account should be aware that we do not collect or hold your personal information in connection with your investments in a Pendal fund. You should contact the operator of the master trust or wrap account for information about the collection, storage and use of your personal information.
5.9 AML / CTF OBLIGATIONS
Pendal is subject to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and related rules (AML/CTF Laws). To comply with the AML/CTF Laws, Pendal must collect certain information about investors and may increase the levels of control and monitoring it performs. By signing this Application, I/we acknowledge, understand and agree that:
- if requested, I/we will provide additional information and assistance, and comply with all reasonable requests to facilitate Pendal’s compliance with the AML/CTF Laws
- failure by me/us to provide any additional information required by Pendal in a timely manner may result in Pendal being prevented by law from processing my/our Application and carrying out my/our investment instructions, from time to time. Where the processing of my/our Application or the carrying out of my/our investment instructions is delayed or refused, Pendal (including any member of the Pendal group of companies) will not be liable for any loss (including consequential loss) that I/ we may suffer howsoever caused in connection with my/our investment in a Pendal fund
- transactions in connection with my/our investment in a Pendal fund may be delayed, blocked, frozen or refused where Pendal has reasonable grounds to believe that the transaction breaches Australian laws (including AML/CTF Laws) or sanctions or the laws or sanctions of any other country. Where transactions are delayed, blocked, frozen or refused Pendal (including any member of the Pendal group of companies) will not be liable for any loss (including consequential loss) that I/we may suffer howsoever caused in connection with my/our investment in a Pendal fund
- to comply with certain reporting obligations under the AML/CTF Laws, Pendal may disclose information gathered on me/us to regulatory and/or enforcement agencies (including the Australian Transaction Reports and Analysis Centre (AUSTRAC)), banks, service providers and other third parties. Pendal is prevented by AML/CTF Laws from informing me/us that any such reporting has taken place.
5.10 AUTHORISED SIGNATORIES
By signing this Application Form, I/we acknowledge, understand and agree that:
- if I/we wish to cancel an authorised signatory, I/we must give Pendal seven business days’ written notice
- I/we release and indemnify Pendal and any other member of the Pendal group of companies severally from and against all liability which may be suffered by me/us or by Pendal or brought against Pendal or any other member of the Pendal group in respect of any acts or omissions of my/our authorised signatory, whether authorised by me/us or not.
5.11 FINANCIAL ADVISERS
If I/we have a financial adviser and they have provided their details, by signing this Application I/we agree that:
- Pendal may provide my/our financial adviser with access to information about my/our investments and I/we authorise my/our adviser to make enquiries on my/our behalf
- my/our financial adviser may have online access to information about my/our investments and may receive copies of certain information (for example, my/our investor statements) by email.
5.12 ONLINE WEB PORTAL
Pendal offers investors the ability to access and view their accounts online and to transact online via the Online Web Portal (Online Portal). By completing this Application Form, I/we also acknowledge, understand and agree that:
- a username and confidential password (Login Details) may be issued and I/we remain responsible for maintaining the confidentiality and security of my/our Login Details
- access will be given to any person who uses my/our Login Details or complies with any other Pendal security procedures from time to time. Any action by that person will be taken to be an action by me/us
- I/we must tell Pendal immediately should I/we lose my/our password or think someone else knows it
- Pendal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services and/or the Online Portal (or any part thereof) with or without notice to me/us. I/we agree that Pendal shall not be liable to me/us or to any third party for any modification, suspension or discontinuance of the services and/or the Online Portal
- The Online Portal is provided by Pendal’s unit registry provider, Apex Fund Services Pty Ltd ACN 118 902 891 (Apex) and at no time does Pendal represent, warrant, guarantee, expressly or impliedly, the operation of the Online Portal or that the information, content, or materials included on the Online Portal is complete, accurate or is suitable for my/our intended use
- I/we expressly agree that my/our use of the Online Portal is at my/our own risk and that I/we are solely responsible and liable for all use of the Online Portal by me/us and any persons who access the Online Portal on my/our behalf using my/our Login Details, whether authorised by me/us or not. Pendal (including any member of the Pendal group of companies) will not be held responsible for and disclaims all liability for any losses, claims or damages, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with my/our use of or inability to use the Online Portal or the use of any information obtained through the Online Portal
5.13 USE OF FACSIMILE OR EMAIL
For each investment in a Pendal fund, I/we agree with Pendal, the manager of the fund, the custodian of
the fund, and any agent appointed by any of them (each, a Recipient), as follows:
- I/we may (but do not have to) give instructions or notices (Communications) to the Recipient by fax or email
- I/we agree to ensure that only persons authorised by me/us will give any Communications by fax or email. I/we must comply with any security or verification procedures required by Pendal from time to time
- each Recipient is entitled to assume that any Communication by fax or email which purports to have been sent by or on behalf of me/us has been authorised by me/us, and is not required to investigate or confirm that authority. This applies whether or not there are circumstances which might suggest that the communication was unauthorised, unless the Recipient has actual knowledge that the Communication was unauthorised. No Recipient will have any liability to me/us for relying on any Communication by fax or email, whether or not the Communication has been authorised by me/us
- without limiting paragraphs 2 and 3 above, a Recipient may refuse to act on any Communication by fax or email until the validity of the Communication and its contents have been confirmed, and will have no liability to me/us or any other person for any consequences resulting from its refusal to so act
- I/we release and indemnify each Recipient and its associates against any cost, expense, liability or claim incurred by any of them as a consequence of accepting and acting on a Communication by fax or email, unless the cost, expense, liability or claim is a direct result of the gross negligence or wilful default of the Recipient
- for the purposes of these Fax and Email Terms, Pendal obtains the benefit of these terms as agent for the other Recipients.