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06-Sep-2010 21:16 AEST

Internet Terms and Conditions

» Definitions
» Application and variation of these terms
» Your acknowledgements
» Disclosures
» Provision of service
» Access to the service
» Use of the service
» Disclaimer of liability
» Liability and indemnity
» Termination
» Assignment
» Governing law
» Schedule charges

 

By accessing and/or utilising any information, products or services available at the Goldman Sachs website, you agree to be bound by the terms and conditions detailed below.

1 Definitions
   
 

In this agreement, unless the context otherwise requires:

  • 'You' refers to those person(s) who wish to access the service subject to and on the terms and conditions of this agreement.
  • 'Content' means the information made available to you through the Site;
  • 'Goldman Sachs' means Goldman Sachs & Partners Australia Pty Ltd ACN 006 797 897 trading under the business name 'Goldman Sachs' of Level 17, 101 Collins Street, Melbourne, Victoria and Goldman Sachs & Partners Australia Group Holdings Pty Ltd ACN 097 928 115 and their respective subsidiaries;
  • 'The Goldman Sachs website' means the online information service located at www.gs.com.au, which Goldman Sachs has developed and is the proprietor of;
  • 'Site' means all or any of the applications contained on the Goldman Sachs website.

2 Application and variation of these terms
   
 

2.1 Your use of the Site is to be in accordance with these terms and conditions and your use of the Site signifies your acceptance of these terms and conditions.

2.2 Goldman Sachs may at any time, at its sole discretion, amend, vary or modify these terms and conditions.

2.3 Goldman Sachs may give notice on the Site of any modification to the terms and conditions but it is your responsibility to check for any such modification each time you use the Site.

2.4 Modifications to the terms and conditions will be effective immediately and any subsequent use by you of the Site will constitute an acceptance of the modifications.

3 Your acknowledgements
   
 

3.1 You acknowledge that:

 
 

(a) Goldman Sachs & Partners Australia Pty Ltd (trading as Goldman Sachs) is an Australian financial services licensee and a member of the Australian Stock Exchange (operated by the Australian Securities Exchange on behalf of ASX Limited). The information on this Internet site is directed to residents of Australia and New Zealand only, and unless expressly stated otherwise, is not an offer or solicitation for the issue, purchase or sale of securities or financial products;

(b) While Goldman Sachs provides the information on this Site in good faith, it accepts no responsibility for the accuracy, completeness, reliability or timeliness of the information;

(c) There are inherent hazards in electronic distribution and as such there may be delays, omissions or inaccuracy in content;

(d) You should not act or fail to act on the basis of any information or materials on the Site, and furthermore, you accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the Site or any other website on the internet accessed via this Site or otherwise (Related Site);

(e) You acknowledge the Content contains general advice only which is not intended for any particular client. You also acknowledge that in preparing the Content, Goldman Sachs has not taken into account any particular client's investment objectives, financial situation or particular needs. Accordingly, before acting on any advice contained in the Content, you should contact your adviser to consider whether the advice is appropriate in light of your particular investment needs;

(f) Goldman Sachs does not represent or warrant that any files obtained from or through the Site or any Related Site are free from computer viruses or other defects. Any such files are provided, and may only be used, on the basis that the user assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files. Goldman Sachs' liability for such an event is limited to the resupply of those files.


4 Disclosures
   
 

4.1 Goldman Sachs may have interests in the securities or financial products which are the subject of the information. You should refer to the disclosures for details of such interests.


5 Provision of service
   
 

5.1 Goldman Sachs may without notice suspend the Site or disconnect or deny you access to any part of the Site:

 

(a) during any technical failure, modification or maintenance involved in the Site provided that Goldman Sachs will use reasonable endeavours to procure the resumption of the Site as soon as reasonably practicable;

(b) if you fail to comply with any agreement with Goldman Sachs; or

(c) if you do, or allow to be done, anything which in Goldman Sachs' opinion may have the effect of jeopardising the operation of the Site.

5.2 Goldman Sachs may make improvements and/or changes to the Site or Contents at any time without notice.


6 Access to the service
   
 

6.1 You are responsible for maintaining the secrecy and confidentiality of all identification and login information required for you to access the Site, including all additional passwords, identification and login information which may be provided by Goldman Sachs from time to time to enable you to use any specific Service. You agree to notify Goldman Sachs immediately if any of this information has been or is suspected to have been compromised by loss, theft, manipulation or any other means.

6.2 You agree not to disclose to any other person, corporation, entity or organisation any identification or login information, whether in use or not, relating to the Site.

6.3 You are liable for all charges resulting from the use of the Site accessed through your identification or login information whether authorised by you or not. Disclosure or loss of identification or login information that results in the incurring of fees or misuse of the Site is your responsibility and any such occurrences should be immediately communicated to Goldman Sachs.

6.4 Goldman Sachs takes reasonable steps to preserve the security of personal information it collects via its website. Your username and password are encrypted for privacy during transmission using the Secure Sockets Layer (SSL) protocol. In addition, your account information is password and user ID protected and we recommend you do not divulge your password or user ID to anyone. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Accordingly, although Goldman Sachs strives to protect such information, Goldman Sachs cannot ensure or warrant the security of any information you transmit to us or receive from our online products or services and you do so at your own risk. Once we receive your transmission, we take reasonable steps to preserve the security of information on our own system. From time to time the site may contain links to other websites, and Goldman Sachs is not responsible for the privacy practices or the content of these websites.


7 Use of the service
   
 

7.1 You agree to comply with all directions pertaining to the access and use of the Site granted to you by Goldman Sachs.

7.2 You agree that in accessing and using the Site, you will only use software that you are legally entitled to use and such use will not infringe any third party's intellectual property rights.

7.3 You agree that the Site is provided by Goldman Sachs to you for your personal use unless Goldman Sachs expressly agrees otherwise. You shall not sell, lease, furnish or otherwise permit or provide access to the Site to any other person and shall not reproduce, retransmit, redistribute, disseminate, sell, publish, broadcast or circulate any Content to any other person. You may download or copy reasonable amounts of Content for personal use but unless Goldman Sachs expressly agrees otherwise shall not copy, save, or archive significant portions of the Content without the prior written consent of Goldman Sachs.

7.4 You acknowledge and agree that all and any intellectual property rights (including without limitation copyright, trademark rights and patent rights) in the Content remain the property of Goldman Sachs.

7.5 Nothing contained in the Site is to be construed as granting any licence or right of use of any trademark displayed on the Site without the express written permission of the relevant owner.

7.6 You shall not, in any event, modify Content or create any derivative works without the prior written consent of Goldman Sachs.

7.7 If you browse our website, read or download information, our system will record the date and time of your visit, the pages viewed and the information downloaded. In addition, when you visit the site again, our server will look for any cookies and structure itself based on the information provided. (A cookie is a small data file placed on your computer by the site's server. A cookie contains information about your visit to the Site. A cookie identifies your computer to our web server when you visit the site.) We do not use the cookie to collect or store personal information about you. The Site uses browser cookies to improve the speed and reliability of our security system. It is recommended that you turn off any cookie warnings in your browser before using the Site, otherwise you may not be able to use the full functionality of the Site.


8 Disclaimer of liability
   
 

8.1 The materials on the Site contain general financial product advice only. Goldman Sachs and its respective directors, officers and agents:

  • exclude, to the maximum extent permitted by law, all express or implied warranties of any kind (including warranties as to merchantability, non-infringement of intellectual property or fitness for a particular purpose) in relation to any information or materials on the Goldman Sachs website or any Related Site;
  • are under no obligation to update any information or materials on the Goldman Sachs website, or correct any inaccuracy on the Site which may become apparent at a later time;
  • do not warrant the accuracy of any Content and save for any liability which cannot be excluded and any rights which a person may have under the Trade Practices Act 1974 (Cth) or the Australian Securities and Investments Commission Act 2001;
  • disclaim all responsibility for any loss or damage which may be suffered by any person directly or indirectly through any person's dealings with them or by use of the Site whether that loss or damage is caused by any fault or negligence on the part of Goldman Sachs, its directors, officers, employees and agents.

8.2 The Site may contain, or be linked to, advice, statements and opinions of third parties, information providers or content providers. Goldman Sachs does not warrant the accuracy, timeliness, reliability or completeness or any advice, statements and opinions contained in the Content or on any linked site. Reliance on any such advice, statements and opinions is at your own risk.


9 Liability and indemnity
   
 

9.1 Except in relation to liability for personal injury, Goldman Sachs shall be under no liability to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of use of the Site by you or in respect of a failure or omission, whether arising from Goldman Sachs' negligence or otherwise, on the part of Goldman Sachs to comply with its obligations under this agreement.

9.2 You agree to fully indemnify and hold Goldman Sachs harmless against all and any loss, costs, expenses, demands or liability (including legal costs on a full indemnity basis), expenses, demands, actions, proceedings and liabilities, whether direct or indirect, reasonably incurred or suffered by Goldman Sachs as a result of a breach by you of your obligations under this agreement or any wilful, unlawful or negligent act or omission by you.


10 Termination
   
 

Without prejudice to any other rights Goldman Sachs may have under this Agreement or at law or in equity, Goldman Sachs may terminate this Agreement at any time.


11 Assignment
   
 

You cannot assign your rights under this Agreement without the prior written consent of Goldman Sachs.


12 Governing law
   
 

The laws of the Commonwealth of Australia govern this Agreement and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of the State of Victoria, in the Commonwealth of Australia.


13 Schedule charges
   
 

From time to time a charge may be levied for access to certain password-protected services. Charges will be notified to you when you apply for such services.