BEFORE ENTERING THIS WEBSITE, PLEASE READ CAREFULLY THE FOLLOWING IMPORTANT TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO, AND USE OF, THIS WEBSITE, AND ACKNOWLEDGE YOUR AGREEMENT TO THEM. IF YOU AGREE TO THESE TERMS AND CONDITIONS, CLICK "YES" ABOVE TO ENTER THIS WEBSITE. IF YOU CLICK "NO" YOU WILL NOT BE ABLE TO ENTER THIS WEBSITE.
Due to legal restrictions, your use of the Debt Investor website pages is subject to acceptance by you of the below terms and conditions ("Terms of Use"):
1. Access to and use of the Website
1.1 The material on this web page and the web pages accessed through this web page (together, the "Website") is of a general nature only and does not contain financial, investment, tax, accounting or legal recommendations or advice (including, but not limited to, financial product advice). The information is not to be relied upon as being accurate, complete or up to date. All information is subject to change without notice. Australia and New Zealand Banking Group Limited (ABN 11 005 357 522) ("ANZ"), ANZ Bank New Zealand Limited, ANZ New Zealand (Int'l) Limited and any of their related bodies corporate (together, the "ANZ Group") recommend that, before making any investment decision or otherwise acting upon information contained or referred to in this Website, investors should seek independent professional advice that takes into account their financial situation, investment objectives, particular needs and/or other personal circumstances.
1.2 Nothing in the Website is, or is to be construed as, an offer of or invitation, inducement, solicitation or recommendation to subscribe for, underwrite or purchase securities in any jurisdictions (including, but not limited to, any securities of the ANZ Group) in which such offer is or may be prohibited, restricted or subject to any requirement for filing, registration, authorisation, licence or consent. The Website shall not form the basis of any contract or commitment whatsoever. No sale of any securities described on this Website will occur in any jurisdiction in which such offer, invitation, inducement, solicitation, recommendation or sale would be unlawful.
1.3 The materials on the Website are intended for use by authorised users only and may not be published, copied or distributed to any other person.
1.4 You will not engage in any activities related to the Website that are contrary to applicable law or regulation or the terms of any agreements between the you and the ANZ Group.
1.5 The materials on the Website are for distribution only to such persons, and in such circumstances, as may be permitted by applicable law, regulations and directives in all applicable jurisdictions, including the jurisdiction in which the person is located ("Permitted Users"). They may not be published, copied or distributed to any other person. Without limitation to the foregoing:
Australia:
The material on this Website is for distribution only to persons who are not a "retail client" within the meaning of section 761G of the Corporations Act 2001 of Australia and are also sophisticated investors, professional investors or other investors in respect of whom disclosure is not required under Part 6D.2 or Chapter 7 of the Corporations Act 2001 of Australia and, in all cases, in such circumstances as may be permitted by applicable law in any jurisdiction (including Australia) in which an investor may be located.
If you are a "retail client" within the meaning of section 761G of the Corporations Act (e.g. you are not a professional investor in securities) or we would be required to provide you with a regulated offer document in relation to any offer that we may make to you, you should not access this Website.
Japan:
The material on this Website is not directed to any Japanese Person, or for the benefit of, any Japanese Person except pursuant to an exemption from the registration requirements of, and otherwise in compliance with the Financial Instruments and Exchange Act of Japan, as amended ("FIEA") and all applicable laws, regulations and guidelines promulgated by the relevant Japanese governmental and regulatory authorities and in effect at the relevant time. For the purposes of this paragraph, "Japanese Person" shall mean any person resident in Japan, including any corporation or other entity organised under the laws of Japan. In addition, the borrowing programs or facilities, or the securities issued thereunder, described in the Website have not been and will not be registered under the FIEA and may not be, directly or indirectly, offered or sold in Japan or to, or for the benefit of, any Japanese Person or to others for re-offering or re-sale, directly or indirectly in Japan, except pursuant to an exemption from the registration requirements of, and otherwise in compliance with, the FIEA and any other applicable laws, regulations and governmental guidelines of Japan.
New Zealand:
The material on this Website is for distribution only:
(a) to persons who are wholesale investors as that term is defined in clauses 3(2)(a), (c) and (d) of schedule 1 to the Financial Markets Conduct Act 2013 of New Zealand (the "FMC Act"), being a person who is:
i. an "investment business";
ii. "large"; or
iii. a "government agency",
in each case as defined in schedule 1 to the FMC Act; and
(b) in other circumstances where there is no contravention of the FMC Act, but (without limiting paragraph (a) above) excluding any "eligible investor" (as defined in the FMC Act) or any person that meets the investment activity criteria specified in clause 38 of schedule 1 to the FMC Act.
United Kingdom:
The material on this Website is not directed at persons who are retail investors. For these purposes, a retail investor means a person who is one (or more) of: (i) a retail client, as defined in point (8) of Article 2 of Regulation (EU) No 2017/565 as it forms part of domestic law by virtue of the European Union (Withdrawal) Act 2018 ("EUWA") and the regulations made under the EUWA; (ii) a customer within the meaning of the provisions of the Financial Services and Markets Act 2000, as amended ("FSMA") and any rules or regulations made under the FSMA to implement Directive (EU) 2016/97, where that customer would not qualify as a professional client, as defined in point (8) of Article 2(1) of Regulation (EU) No 600/2014 as it forms part of domestic law by virtue of the EUWA and the regulations made under EUWA. Consequently no key information document required by Regulation (EU) No 1286/2014 as it forms part of domestic law by virtue of the EUWA ("UK PRIIPs Regulation") for offering or selling any securities as described on this Website or otherwise making them available to retail investors in the United Kingdom has been prepared and therefore offering or selling any securities or otherwise making them available to any retail investor in the United Kingdom may be unlawful under the UK PRIIPs Regulation. If you are a person of any other description, you should not access this website nor act upon the material contained on this Website.
European Economic Area:
The material on this Website is not directed at, and the securities described on this Website should not be offered, sold or otherwise made available to, retail investors in the European Economic Area (the "EEA"). For these purposes, a "retail investor" means a person who is one (or more) of:
(i)a retail client as defined in point (11) of Article 4(1) of Directive 2014/65/EU, as amended ("MiFID II");
(ii)a customer within the meaning of Directive (EU) 2016/97 (as amended, the "Insurance Distribution Directive"), where that customer would not qualify as a professional client as defined in point (10) of Article 4(1) of MiFID II
Consequently no key information document required by Regulation (EU) No 1286/2014 (as amended, the "EU PRIIPs Regulation") for offering or selling any securities described on this Website or otherwise making them available to retail investors in the EEA has been prepared and therefore offering or selling any securities described on this Website or otherwise making them available to any retail investor in the EEA may be unlawful under the EU PRIIPs Regulation. If you are a "retail investor" pursuant to this clause, you should not access the Website nor act upon the material contained on this Website.
United States:
Nothing in the Website constitutes an offer of securities for sale in the United States. This Website is not directed to the United States or to U.S. persons (as defined in Regulation S under the U.S. Securities Act 1933 as amended (" U.S. Securities Act") and any securities described on this Website have not been registered under the U.S. Securities Act, and may not be offered, sold or delivered within the United States or to U.S. persons, absent registration or an available exemption from registration, under the U.S. Securities Act.
All jurisdictions:
The material on this Website is for distribution only in such circumstances as may be permitted by applicable law in any jurisdiction in which an investor may be located. Each person accessing this Website confirms that they are a person who is entitled to do so under all applicable laws, regulations and directives in all applicable jurisdictions.
2. Unauthorised Use
Unauthorised use of the Website or misuse of any information posted to the Website is strictly prohibited.
3. Limitation of Liability
3.1 Neither the ANZ Group nor any director, employee, independent contractor, agent, adviser or third party data provider of the ANZ Group (together, the ANZ Persons) warrants the accuracy, completeness, currency or reliability of the information contained in or accessed through the Website (including all information, tools and materials contained on the Website).
3.2 To the maximum extent permitted by law, neither the ANZ Group nor the ANZ Persons accepts any liability whatsoever for any loss (including, without limitation, any liability arising from any fault or negligence on the part of the ANZ Group or the ANZ Persons) arising from the use of this material, reliance on any information or services provided at this Website, access to material on the Website by any person not entitled to do so or otherwise arising in connection with the material on this Website.
3.3 Without limiting the above, the ANZ Group will under no circumstances be liable to you or any third party, regardless of the form of action, for any lost profits or lost opportunity, or any indirect, special, consequential, incidental or punitive damages whatsoever, even if the ANZ Group has been advised of the possibility of such damages.
3.4 The Website may contain forward-looking statements or opinions including statements regarding our intent, belief or current expectations with respect to the ANZ Group’s business operations, market conditions, results of operations and financial condition, capital adequacy, specific provisions and risk management practices. When used the Website, the words 'forecast', 'estimate', 'project', 'intend', 'anticipate', 'believe', 'expect', 'may', 'probability', 'risk', 'will', 'seek', 'would', 'could', 'should' and similar expressions, as they relate to the ANZ Group and its management, are intended to identify forward-looking statements or opinions. Those statements: are usually predictive in character; or may be affected by inaccurate assumptions or unknown risks and uncertainties; or may differ materially from results ultimately achieved. As such, these statements should not be relied upon when making investment decisions. These statements only speak as at the date of publication and no representation is made as to their correctness on or after this date. Such forward looking statements constitute "forward-looking statements" for the purposes of the United States Private Securities Litigation Reform Act of 1995. The ANZ Group does not undertake any obligation to publicly release the result of any revisions to these forward-looking statements to reflect events or circumstances after the date of their publication to reflect the occurrence of unanticipated events.
3.5 Nothing in this clause 3 shall limit or exclude liability of the ANZ Group that may not be limited or excluded under applicable law and regulation.
3.6 You agree that the limitations and exclusions set out in this clause 3 are reasonable having regard to all the relevant circumstances and the levels of risk associated with your obligations under these Terms of Use.
4. No reliance by You
4.1 The ANZ Group and the ANZ Persons do not make any representation or warranty, express or implied, as to the accuracy, completeness, currency or reliability of the information contained in the Website.
4.2 Any forecasts included in the Website are not to be taken to be representations as to future matters. These forecasts are based on the information available as at the date of such forecasts and on a large number of assumptions and are subject to significant uncertainties, vagaries and contingencies, some, if not all, of which are outside the control of the ANZ Group.
4.3 No representation is made that any forecast will be achieved. Actual future events may vary significantly from forecasts. You should make and must rely on your own business judgment, enquiries and investigations regarding the assumptions, uncertainties and contingencies which may affect the future operations of ANZ and the ANZ Group's businesses and their values and the impact that a variation of future outcomes may have on those businesses.
4.4 By you agreeing to these Terms of Use, you acknowledge and agree that you:
(a) you will conduct your own investigation and analysis regarding any information, statements or representations contained in the material included in the Website and will rely on its own business judgment, enquiries and seek appropriate professional advice in deciding whether to investigate further the business and operations of the ANZ Group; and
(b) do not rely on any representation or warranty (express or implied) by the ANZ Group, its officers, employees, independent contractors, advisers and third party data providers as to the accuracy, completeness, currency or reliability of the information included in or accessed through the Website.
5. Governing Law
These Terms of Use will be governed by, and construed in accordance with the laws in force in Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them.
User Agreement.
By proceeding to access this Website, you acknowledge and agree to the following:
(a) No reliance. the materials on the Website are provided on an "as is basis". They may not be accurate, complete or up to date. You will not rely upon their contents and you agree to make your own assessment and evaluation and seek your own independent professional advice. Historic performance information with regard to any security is no indication of its future performance;
(b) No duty to update materials. neither the ANZ Group nor any other party has any duty to maintain or update the materials on the Website. However, the ANZ Group may make changes to those materials at any time;
(c) ANZ positions. the ANZ Group may have its own interests in relation to the securities or transactions mentioned on the Website;
(d) Disclaimer of advice. except as otherwise expressly stated, the materials on the Website do not purport to provide any financial, investment, tax, accounting or legal advice or recommendation;
(e) No reproduction and no distribution. you will not publish, copy or distribute the materials on the Website to any other person;
(f) Permitted User. you are a Permitted User and your access to and use of this Website does not violate applicable laws, regulations or directives, including those of your home jurisdiction;
(g) Click through. any acknowledgment, agreement or other type of click through button on the Website that is selected to evidence agreement or an acknowledgement shall have the same force and validity as a paper copy of an agreement that has been manually signed and delivered;
(h) Discontinuance of service. the ANZ Group or its suppliers may discontinue the Website at any time; and
(i) Acceptance of the Term of Use. you have read, understood and accept the Terms of Use set out above and agree not to undertake any act or omission that would constitute a breach of these Terms of Use.
