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 OF 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 following 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 investment 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. ANZ recommends 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 ANZ or any of its controlled entities) 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 for/m 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1.3 The materials on the Website are intended for use by authorised users only and may not be published, copied or distributed to any other person.1.4 You will not engage in any activities related to the Website that are contrary to applicable law or regulation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 ANZ.
1.5 The Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
1.6 In 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 Part 7.9 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 (eg 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.
1.7 In Japan:
The material on this Website is not directed to any resident of Japan (which term as used herein means any person resident in Japan, including any corporation or other entity organised under the laws of Japan). In addition, the borrowing programs or facilities described in the following pages have not been and will not be registered under the Financial Instruments and Exchange Act of Japan, as amended, (the "Financial Instruments and Exchange Act") and may not be, directly or indirectly, offered or sold in Japan or to, or for the benefit of, any resident of Japan 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 Financial Instruments and Exchange Act and any other applicable laws, regulations and governmental guidelines of Japan.
1.8 In 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:
(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.
1.9 In the United Kingdom:
This Website is directed at persons who (i) have professional experience in matters relating to investments falling within Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, as amended (the "FPO"), or (ii) are qualifying high net worth companies, unincorporated associations, trustees and other persons falling within article 49(2)(a) to (d) of the FPO. The products and services detailed on this Website are available only to such persons. If you are a person of any other description, you should not access this website nor act upon the material contained on this Website.
1.10 In the European Economic Area:
The material on this Website is directed, in member states of the European Economic Area (each, a "relevant member state"), only at persons who are "qualified investors" within the meaning of Article 2(1)(e) of the Prospectus Directive (Directive 2003/71/EC, as amended, including Directive 2010/73/EU, to the extent implemented in the relevant member state) and any relevant implementing measure in the relevant member state. If you are a person of any other description, you should not access this website nor act upon the material contained on this Website.
1.11 In the 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 US Securities Act) and any securities described on this Website have not been registered under the US 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 US Securities Act.
1.12 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. Acknowledgements and disclaimers
You acknowledge and agree to the following:
(a) No duty to update or correct materials. Neither ANZ nor any other party has any duty to maintain or update any materials on the Website. Historic performance information with regard to any security is no indication of its future performance.
(b) Changes to materials . ANZ may remove or make changes to the materials available on the Website at any time.
(c)ANZ Positions . ANZ may have its own interests in relation to the issuers or any affiliates of the issuers of Securities or transactions mentioned on the Website.
(d)Disclaimer of Advice . Except as otherwise expressly stated, the Website does not purport to provide any financial, investment, tax, accounting or legal advice or recommendation.
(e) 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.
(f) Discontinuance and disruption of service . ANZ or its suppliers may discontinue the Website at any time.
(g) U.S. Securities Act . You are not a "U.S. person" as that term is defined in Regulation S under the U.S. Securities Act of 1933, as amended (the "U.S. Securities Act") and are not accessing the Website from within the United States.
3. Unauthorised Use
Unauthorised use of the Website or misuse of any information posted to the Website is strictly prohibited.
4. Limitation of Liability
4.1 Neither Australia and New Zealand Banking Group Limited (ABN 11 005 357 522) ("ANZ"), ANZ Bank New Zealand Limited, ANZ New Zealand (Int'l) Limited nor any of their related bodies corporate (together, the "ANZ Group") nor any of their directors, employees, independent contractors, agents, advisers or third party data providers 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).
4.2 To the maximum extent permitted by law, neither the ANZ Group nor its directors, employees, independent contractors, agents, advisers or third party data providers 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 its respective directors, employees, agents or advisers) 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.
4.3 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 ANZ has been advised of the possibility of such damages.
4.4 The Website may contain statements that constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. These forward-looking statements can be identified by the use of forward-looking terminology, such as the words "believes", "expects", "may", "intends", "should" or "anticipates", or the negative or other variations of those terms. These statements involve known and unknown risks, uncertainties and other important factors that could cause the actual results and performance of ANZ or its group companies (the Companies) or the Australian residential mortgage industry to differ materially from any future results or performance expressed or implied in the forward-looking statements. These risks, uncertainties and other factors include, among others: general economic and business conditions in Australia; currency exchange and interest rate fluctuations; government, statutory, regulatory or administrative initiatives affecting the Companies; changes in business strategy, lending practices or customer relationships; and other factors that may be referred to in the Website.
4.5 Nothing in this clause 4 shall limit or exclude liability of ANZ that may not be limited or excluded under applicable law and regulation.
4.6 The parties agree that the limitations and exclusions set out in this clause 4 are reasonable having regard to all the relevant circumstances and the levels of risk associated with each party's obligations under these Terms of Use.
5. No reliance by You
5.1 The ANZ Group, its officers, employees, independent contractors, advisers and third party data providers 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.
5.2 Any forecasts included in the Website are not to be taken to be representations as to future matters. These forecasts are based 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.
5.3 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.
5.4 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.
6. Governing Law
6. 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 represent, warrant and agree that:
(i) You are not accessing this Website from within the United States and are not a U.S. person (as defined in Regulation S under the U.S. Securities Act nor are you acting for the account or benefit of a U.S. person ( "Permitted User");
(ii) You are a "wholesale client" and not a "retail client" within the meaning of the Corporations Act;
(iii) You will not make a copy of any prospectus, offering memorandum, report, presentation, notice or any other material contained on this Website ("Relevant Material") available to, or distribute a copy of such Relevant Material to, any person that is not a Permitted User;
(iv) Your access to and use of this Website does not violate applicable laws, including the laws of your home jurisdiction; and
(v) 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.
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