Terms & Conditions
Your Title Goes Here
Refer A Friend Offer - Terms and Conditions
The “Refer A Friend” Offer is designed so that existing Guardians can spread the word about Itrust Invest in the spirit of genuine referral.
Through the Offer, existing Guardians will invite friends, family members, or personal acquaintances to sign-up for an Investment Account by sharing their unique referral code with them. By participating in this Offer, both the Referrer and Referee agree that these terms and conditions apply.
The following capitalised terms have the following meaning:
Referrer means a current Guardian (with a balance of at least $10) who shares their unique referral code with a friend, family member or close acquaintance. Your unique referral code is the email address associated with your Guardian account.
Referee means a friend, family member, or other close acquaintance who is not yet a Guardian on the platform.
Guardian means a person currently registered as a Guardian who manages and operates an Investment Account for the benefit of the Beneficiary, and is an investor in the Itrust fund.
Beneficiary means for each Investment Account, the individual for whose benefit the Investment Account is established. Beneficiaries may include children under the age of 18, as well as Guardians in charge of the Investment Account.
Investment Account means an account established on the Platform by a Guardian to receive investment contributions. The Investment Account comprises the Beneficiary’s interest in the Itrust Fund.
Platform means this website, app, platform and any service offered under the name Itrust, Itrust invest, or any combination of these phrases.
How does it work?
If you are a current Guardian on the Itrust Invest platform (with at least $10 invested), you may invite a friend to also become a Guardian and be rewarded for each successful referral.
There is no limit to how many times you may refer a friend. For each successful referral, both parties will be rewarded an investment gift of $25. This can be redeemed for units in any of the investment funds available on the Platform.
What you’ll need to do:
Referring a friend means sharing with them your unique referral code (your email address) when the Referee creates their Investment Account for the first time.
You may only use our Refer A Friend Offer for lawful purposes and you must act in good faith. You must not:
- use the Refer A Friend Offer for any purpose other than referring your friends and family members for which it was intended;
- refer yourself or refer the same person more than once;
- refer people that you don’t know personally;
- refer an existing Guardian on the platform;
- refer a fictitious person;
- distribute your unique referral code in a way that may be considered spam, distribution to strangers, or posting on a third party deal or discount site.
What your friend will need to do:
Referee’s are required to enter the unique referral code into the promotional code field at step 1 of the onboarding process.
A successful referral, under the conditions of this offer, is considered to be when a Referee completes all the steps required to create a Guardian account on the Itrust Invest platform, including:
- Successful completion of the identification and email verification process;
- Creating at least one Beneficiary account;
- Depositing into, and maintaining, at least $10 in that Beneficiary’s account.
If the Referee does not contribute at least $10 into their Beneficiary account within 30 days of first creating this account, both parties will be ineligible to receive the reward under this offer.
When will my friend and I receive our referral reward?
You and the Referee will each receive a $25 reward within 14 days of the Referee creating an Investment Account and depositing into and maintaining at least $10 in that Investment Account.
- By participating in our Refer A Friend Offer, both the Referrer and Referee are taken to agree to these terms;
- This offer is not available in conjunction with any other offer (unless we agree otherwise). It is not transferable or redeemable for cash;
- Itrust Invest is not responsible for incorrect entry or other failure on the part of the Referee to meet eligibility for this Offer;
- We may at our discretion, refuse to pay or cancel a referral reward payment without notice for reasons including but not limited to; reasonably believing you or the Referee are acting in a fraudulent way; or we reasonably believe that you or the Referee’s conduct is in breach of these terms;
- Itrust Invest reserves the absolute right to suspend, change, or cancel the Refer A Friend Offer or these Terms at any time without notice. Referral rewards earned prior to any modification or termination of the Referral Offer will be honoured unless they were awarded as a result of a violation of these Terms;
- This Refer A Friend Offer is promoted by SAML Fund Administration Pty Ltd ABN 37 649 441 770, on behalf of Stapleton Asset Management Limited, Level 1, 336 Victoria Street, Darlinghurst NSW 2010, 1800 811 ABN 41 140 049 743, the Responsible Entity (AFSL 341990) of Itrust Investment Fund ARSN 625 636 231 (Product). A Product Disclosure Statement (PDS) dated 31 August 2021 for the Product is available on the Itrust Invest website (https://Itrustinvest.com/pds-key-documents/). A person should read and consider the PDS, especially the risk and fee sections, and other key documents, in deciding whether to acquire and continue to hold interests in the Product. The risks of investing in the Product are fully set out in the PDS and include the risks that would ordinarily apply to investing.
Jules Robinson Competition: 5pm 19/07/2022 to Midnight 22/07/2022
How to enter:
- This competition will commence at 5pm Tuesday 19th July 2022 and expires at midnight Friday 22nd July 2022 (Promotional Period). The Promotional Period may be changed without notice at Itrust Invest’s
- To enter the draw to win 1 of 4 $250 investment gifts (each a Prize), entrants must register their details via the landing page at https://itrustinvest.com/jules-robinson/ during the Promotional Period.
How the Prize can be claimed:
3. To claim their prize a winner must have an eligible Itrust Invest account (Eligible Itrust Invest Account).
4. Creating an Eligible Itrust Invest Account means completing all the steps required to become a Guardian on the Itrust Invest platform, including:
- Successful completion of the identification and email verification process;
- Creating at least one Beneficiary account;
- Depositing into, and maintaining, at least $10 in that Beneficiary’s account
5. The winners will be decided via random electronic selection at the Itrust Invest offices in Darlinghurst, NSW (Winners). Winners will be notified via email and/or phone call. Itrust Invest will also post to their official Instagram and Facebook accounts announcing that Winners have been selected.
6. Winners must acknowledge acceptance of their prize by responding to emails, phone calls or text messages by Itrust Invest, and claim their prize by creating an Eligible Itrust Invest Account on the Itrust Invest platform (https://aus.Itrustinvest.com/OnBoarding) (Platform) no later than midnight Sunday 31st July 2022. If for any reason a Winner does not acknowledge, accept, and claim their Prize by this date, the Prize will be forfeited, and another winner selected via the same random electronic method.
How the Prize will be distributed:
7. To encourage the practice of long-term investing, the Prize will be distributed to Winners in five equal instalments starting on the date the first instalment is paid, and then on each four subsequent month anniversaries. This means that Winners will receive five $50 Gifts to be redeemed into a Beneficiary account of their choice, with the first prize being distributed in in the last week of July 2022, and then at each four subsequent month anniversaries.
8. To maintain eligibility to receive the full Prize, a Winner must not withdraw any part of the Prize from their Beneficiaries’ accounts before the Prize is fully distributed.
Refer a Friend – Receive 5 Additional Entries:
- Participants in the competition can receive 5 (five) additional entries for each friend or family member who also enter the competition using the referee’s unique code.
- Referred friends or family must acknowledge and accept the terms of the competition and must be over the age of 18 to enter.
General terms and conditions:
11. These terms and conditions may be amended at any time in our sole discretion and any such changes will, unless otherwise noted, be effective immediately. By entering the competition means you accept we have this right.
13. Entrants may only enter this competition by registering their details correctly via the competition landing page https://itrustinvest.com/jules-robinson/ during the promotional period.
14. Multiple entries from the same individual, including the same email address or mobile number, are not permitted. If Itrust Invest believes that at any point participants have not entered the competition in good faith, Itrust reserves the right to remove that participants entry.
15. Unfortunately, Guardians with an existing Itrust Invest account prior to the start of the Promotional Period will not be eligible for entry, and entries by existing Guardians won’t be counted.
16. This competition is promoted by SAML Fund Administration Pty Ltd ABN 37 649 441 770, on behalf of Stapleton Asset Management Limited, Level 1, 336 Victoria Street, Darlinghurst NSW 2010, 1800 811 ABN 41 140 049 743, the Responsible Entity (AFSL 341990) of Itrust Investment Fund ARSN 625 636 231 (Fund).
17. The brand partners and influencers involved in the Promotion, nor Itrust Invest, are not licensed to provide personal financial advice to any entrant or the Prize winner. Before making an investment decision, entrants should obtain licensed financial advice that considers their individual circumstances.
18. The prize does not compel or oblige the winner to invest, and that any investment gives rise to specific risks and the value of the investment may go down as well as up.
19. SAML Fund Administration Pty Ltd ABN 37 649 441 770 will be collecting entrants’ details who commence the questions on the survey form. By entering the Promotion, entrants agree that we may use the details entered for future marketing purposes, or in any media or branding
20. Directors and employees of Itrust Invest, including their immediate families, its agencies and companies associated with this competition are ineligible to enter.
21. Itrust Invest reserves the right to disqualify entries in the event of non-compliance with these Terms and Conditions. In the event that there is a dispute concerning the conduct of the promotion or claiming a prize, Itrust Invest will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final. Prior to commencing any dispute, entrants are obliged to make best efforts to settle the dispute amicably with Itrust.
22. If for any reason any aspect of this promotion is not capable of running as planned, including (but not limited to) by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of Itrust Invest, Itrust Invest may in its sole discretion cancel, terminate, modify or suspend the promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulations.
23. Itrust Invest reserves the right, at any time, to validate and check the authenticity of entries and entrant’s details (including an entrant’s identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by Itrust Invest to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect, and illegible entries, as applicable, will at the discretion of Itrust Invest be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
24. A Product Disclosure Statement (PDS) dated 16/05/2022 for the Fund is available on the Itrust Invest website (https://Itrustinvest.com/pds-key-documents/). A person should read and consider the PDS, especially the risk and fee sections, and other key documents, in deciding whether to acquire and continue to hold interests in the Fund. The risks of investing in the Fund are fully set out in the PDS and include the risks that would ordinarily apply to investing.
‘Win a $100 Investment Account’ Terms & Conditions: 11am 17/05/2022 to Midnight 30/06/2022 (finished)
1. Itrust Invest will be giving away one hundred (100) AUD $100 prizes (each a Prize) to a total one hundred (100) participants in the Promotion
- Entries open 17th May 2022 at 11am, Sydney time, and close 30th June 2022 at 11.59pm, Sydney time (Promotional Period). The Promotional Period may be changed without notice at Itrust Invest’s discretion
How To Enter
- Entrants may only enter this competition by registering their details correctly via the competition landing page during the promotional period
- Multiple entries from the same individual, including the same email address, are not permitted
- Entrants may double their chances of winning by receiving a second entry to the Promotion if they input an eligible promotional code at the time of registration. No leniency will be given for a participant failing to enter a promotional code or incorrectly entering a promotional code. Eligible promotional codes will be supplied to and announced by Itrust Invest brand partners and influencers.
- Unfortunately, Guardians with an existing Itrust Invest account prior to the start of the Promotional Period will not be eligible for entry, and entries by existing Guardians won’t be counted
How To Claim Your Prize
- This competition will be run as a Game of Chance. The Winners will be decided via random electronic selection at the Itrust Invest offices in Darlinghurst, NSW. Winners will be notified via email and/or phone call the week beginning Monday 4th July. Itrust Invest will also post to their official Instagram and Facebook accounts announcing that Winners have been selected.
- Winners must acknowledge acceptance of their prize by responding to emails, phone calls or text messages by Itrust Invest, and claim their prize by becoming an Eligible Guardian on the Itrust Invest platform (https://aus.Itrustinvest.com/OnBoarding) (Platform) no later than 21st July 2022. If for any reason a winner does not acknowledge, accept, and claim their Prize by 21st July 2022, the Prize will be forfeited, and another winner selected via the same random electronic method
- Becoming an Eligible Guardian means completing all the steps required to create a Guardian account on the Itrust Invest platform, including:
- Successful completion of the identification and email verification process;
- Creating at least one Beneficiary account;
- Depositing into, and maintaining, at least $10 in that Beneficiary’s account (Eligible Guardian)
- Once this is confirmed, Itrust Invest will gift the Prize to the Guardian’s nominated Beneficiary account via direct deposit, in the distribution method outlined in point 14.
- Eligible Guardian accounts must be created with the same details, including the full name and email address, used by the Winner when registering their details to enter the competition
- Itrust Invest will make all reasonable efforts to contact all Winners and Itrust Invest will have no liability for a Winner’s failure to receive notices due to a Winner’s spam filter, not checking Instagram DMs, junk email or other security settings or for a Winner’s provision of incorrect or otherwise non-functioning contact information
How Will The Prize Be Distributed?
- The Prize will be distributed to Winners in four equal instalments over a period of three months starting on the date the first instalment is paid, and then on each three subsequent month anniversaries. If a Winner has become an Eligible Guardian that Winner will receive four $25 Gifts to be redeemed into one Beneficiary account of their choice, starting in the month of July 2022 and then at each three subsequent month anniversaries
- To maintain eligibility to receive all of the Prize, a Winner must not withdraw any part of the Prize from their Beneficiaries’ accounts before the Prize is fully distributed.
Additional Terms & Conditions
- The brand partners and influencers involved in the Promotion, nor Itrust Invest, are not licensed to provide personal financial advice to any entrant or the Prize winner. Before making an investment decision, entrants should obtain licensed financial advice that considers their individual circumstances
- The prize does not compel or oblige the winner to invest, and that any investment gives rise to specific risks and the value of the investment may go down as well as up.
- SAML Fund Administration Pty Ltd ABN 37 649 441 770 will be collecting entrants’ details who commence the questions on the survey form. By entering the Promotion, entrants agree that we may use the details entered for future marketing purposes, or in any media or branding
- Directors and employees of Itrust Invest, including their immediate families, its agencies and companies associated with this competition are ineligible to enter
- Itrust Invest notes that no individual prize exceeds $100, and the total value of prizes does not exceed 10,000. A Prize cannot be substituted or redeemed for cash or credit
- Complaints about this promotion can be made to support@Itrustinvest.com.au
- The permit number is NSW Permit TP/01463.
- This competition is promoted by SAML Fund Administration Pty Ltd ABN 37 649 441 770, on behalf of Stapleton Asset Management Limited, Level 1, 336 Victoria Street, Darlinghurst NSW 2010, 1800 811 ABN 41 140 049 743, the Responsible Entity (AFSL 341990) of Itrust Investment Fund ARSN 625 636 231 (Product). A Product Disclosure Statement (PDS) dated 31 August 2021 for the Product is available on the Itrust Invest website (https://Itrustinvest.com/pds-key-documents/). A person should read and consider the PDS, especially the risk and fee sections, and other key documents, in deciding whether to acquire and continue to hold interests in the Product. The risks of investing in the Product are fully set out in the PDS and include the risks that would ordinarily apply to investing.
'12 Months of Fee Reinvestments' Promotion: 17/12/2021 to 31/01/2022 (finished)
- Promotional period for this campaign will be between 17/12/2021 and 31/01/2022
- New sign ups between this period will be eligible to receive their account maintenance fees (paid on sign up) reinvested back into one Beneficiary account of their choosing
Who is eligible:
- Any new Guardian accounts created during the promotional period, who have paid the annual account maintenance fee and successfully made their first contribution (minimum $10) will be eligible for this promotion
How to enter:
- Creating a new Guardian account for the first time is a 5-step process. Once new sign ups reach the 5th step they will be greeted with an ‘Account Maintenance Fee’ page where they will be required to select the ‘Annual Billing’ option and pay the $35 annual account maintenance fee
- Once new sign ups successfully login to their Guardian account and make their first contribution, we will then send the Guardian a $35 gift to be redeemed for any one of their nominated Beneficiary accounts
- The reinvestment gift can be redeemed by logging into the Guardian dashboard and entering the gift code and following the prompts
- Guardians can reach out to the team at itrust invest via Facebook or Instagram or at email@example.com for any questions or queries
Other terms and conditions:
- New sign ups must be over the age of 18 to become a Guardian with itrust invest
- The promotional details, including start and finish date, may be subject to change at any time by itrust invest
- It is important to note that the value of the reinvestment gift will not exceed $35 for new sign ups, and will not be refundable for cash
- This promotion is run by SAML Fund Administration Pty Ltd ABN 37 649 441 770, on behalf of Stapleton Asset Management Limited, 1/336 Victoria St, Darlinghurst NSW 2010, 1800 811 119. ABN 41 140 049 743, the Responsible Entity (AFSL 341990) of iTrust Investment Fund ARSN 625 636 231 (Product). A Product Disclosure Statement (PDS) dated 31 August 2021 for the Product is available on the itrust invest website (https://itrustinvest.com/). A person should read and consider the PDS, especially the risk and fee sections, and other key documents, in deciding whether to acquire and continue to hold interests in the Product. The risks of investing in the Product are fully set out in the PDS and include the risks that would ordinarily apply to investing.
1 Acceptance of General Terms
1.1 This website, app, platform and any service offered under the name Itrust Invest (Platform) is operated and owned by SAML Fund Administration Pty Ltd (ABN 37 649 441 770) and its related entities or body corporates (us, we and our).
1.4 The General Terms do not constitute an agreement by us to provide services to you. Such an agreement with you is only formed when your register an account with us. At that point in time, you will become subject to the terms of this General Terms with respect to your use of the Platform, and your account. Please be aware that whilst we will not be bound to provide you with services prior to the establishment of your account, your use of the Platform prior to that point (eg any browsing activity of the publicly accessible portions of the Platform) will remain subject to these General Terms.
1.5 These General Terms will prevail over any other terms or agreement between you and us.
2.1 In these General Terms, the following capitalised terms have the following meaning:
Beneficiary means for each Investment Account, the individual for whose benefit the Investment Account is established.
Contribution means any financial payment paid by any person to a Guardian through the Platform.
Contributor means any person who makes any Contribution.
Copyright Act means Copyright Act 1968 (Cth).
Investment Account means an account established on the Platform by a Guardian to receive Contributions. The Investment Account comprises the Beneficiary’s interest in the Itrust Fund. For clarity, not every User Account is an Investment Account.
Itrust Fund means the Itrust Investment Fund as detailed in the Product Disclosure Statement.
Guardian means a person registered as Guardian who manages and operates an Investment Account for the benefit of the Beneficiary, and is an investor in the Itrust fund
Permitted Region means Australia.
Platform means this website, app, platform and any service offered under the name Itrust, Itrust invest, or any combination of these phrases.
Product Disclosure Statement means our Product Disclosure Statement which can be viewed here https://itrustinvest.com/pds.
User means any person who uses or benefits from this Platform in any way, including but not limited to any Guardian, Beneficiary, Contributor, or any other user of this website.
User Account means any account created by any User of the Platform., including but not limited to Investment Accounts.
3 Warrant of Authority
3.1 Guardians: if you wish to register as a Guardian and create an Investment Account, the following conditions must be satisfied:
(a) the person registering as a Guardian being at least 18 years old and having the legal capability to enter into binding contracts; and
(b) both the Guardian and Beneficiary of the Investment Account being residents of the Permitted Region, using the Platform in the Permitted Region and only by debit cards or direct debit.
3.2 Accordingly, by using the Platform, you warrant the above to us. If the above conditions are not satisfied, please cease using the Platform immediately.
3.3 For clarity, there is no requirement that the Beneficiary be of a certain age.
4.1 You may be required to create a User Account (or an Investment Account) to access certain features of our Platform.
4.3 We will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under any User Account. You must not share your account credentials with any third party. We do not authorize anyone to use the Platform on your behalf, and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.
4.4 You must not impersonate some other individual, business or company. In case you try to present yourself as another individual or company, your account may be suspended and a legal action may be taken against you.
5 Collection Notice
5.2 We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services or products to you.
6 Using the Platform
6.1 The Platform allows Guardians, Beneficiaries and other persons to make Contributions to Guardians to invest into an Investment Account for the benefit of the Beneficiaries.
6.2 Each Investment Account is managed on the Platform by a Guardian for the Beneficiary. A Guardian and Beneficiary may be the same person.
6.3 Any person, including Guardians and Beneficiaries, are allowed to make a Contribution to a Guardian, to be invested into an Investment Account.
6.4 When any Contribution is made to a Guardian, the Contribution is irrevocably gifted to the Guardian, and the person making the Contribution gives up all entitlements to it. The Contribution is strictly non-refundable and final. For clarity, a Guardian is still entitled to withdraw from the Investment Account in accordance with the Product Disclosure Statement.
6.5 You agree that any Contribution invested by the Guardian into an Investment Account will be invested and unitised into the Itrust Fund and in accordance with the Product Disclosure Statement.
6.6 The Guardian agrees to all of the terms of the Product Disclosure Statement in relation to your use of the Investment Account (including but not limited to terms relation to depositing and withdrawing any amount).
6.7 There is no transfer of Contributions between Guardians or any Investment Accounts.
6.8 We reserve the right to reverse or redirect any Contribution or payment made where we are satisfied it was due to a mistake or error. We also reserve the right to charge a handling and administration fee in relation to this, to the Investment Account we deem appropriate.
7.1 You consent to receive any and all advice, documents, information, or other communications from us electronically through the Platform, email or otherwise over the internet. We do not accept hard copy notices or letters.
7.2 You agree that you will use the Platform for all transactions in respect of your Investment
7.3 You confirm that any information you enter into Platform, will be true, accurate, current, and complete, including information relating to your bank accounts.
7.4 You agree and acknowledge that nothing in these General Terms or the Product Disclosure Statement gives you any right to invest money in, or withdraw money from, an Investment Account other than by direct debit and direct credit.
7.5 You agree and acknowledge that all timeframes imposed on us in these General Terms and the Product Disclosure Statements are estimates only and we will not be liable if we fail to abide by them. We will not be responsible for any delay caused by any financial institution.
7.6 You agree and acknowledge that we will use your personal information to send you messages containing important information about your Investment Account. These messages are an important part of the service that we provide to you, and will be sent to you as long as you hold an Investment Account or User Account. You cannot opt-out of receiving these messages.
7.7 You agree and acknowledge that you do not have access to the rights and entitlements that would otherwise be available to you as a retail investor if you invested in the Itrust Fund or any underlying fund directly, including not having the same rights as direct retail investors or not having access to:
(a) cooling-off rights;
(b) withdrawal rights; and
(c) voting rights.
8.1 Fees are set out in the Product Disclosure Statement and are subject to change and market movements. You agree to all of the fees set out in the Product Disclosure Statement, and it is your responsibility to read it from time to time to see if fees have changed.
8.2 SAML may charge handling or administration fees for any time spent by our employees or agents, and also including reimbursements for any fees charged by other financial institutions, in instances where we have to attend to your errors or mistakes, or any instances where there are insufficient funds or details are entered incorrectly.
8.3 Subject to the constitution we reserve the right implement a new fee, or modify an existing fee, for certain current or future features of the Platform. If we implement a new or modified fee, we will give you advanced notice such as by posting changes on our Platform or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in Australian Dollars.
8.4 All fees are exclusive of applicable federal, state, local, or other taxes.
9 Reward programs
9.1 We may, in our absolute discretion, implement a rewards or rebates program, whereby your Investment Account may receive a reward or a rebate based on any commission fees we may collect from third-parties.
9.2 For any such programs, campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these General Terms, those program terms and conditions will prevail.
10 Your Content
10.1 Where the Platform allows you to upload any content whatsoever to the Platform (Your Content), you:
(a) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use Your Content in any way (including, without limitation, by reproducing, modifying, and communicating Your Content to the public) and permit us to authorise any other person to do the same thing;
(b) to the full extent permitted by law, consent to any act or omission by us which would otherwise constitute an infringement of your moral rights under the Copyright Act in relation to Your Content; and
(c) acknowledge and agree that we may delete, modify, or otherwise exploit in any manner contemplated by the Copyright Act any of Your Content submitted to or via the Platform by you.
10.2 In each instance when you upload Your Content to or via the Platform, you:
(a) represent and warrant to us that you have all right, title, interest and authority in Your Content which is necessary to grant the licences and consents set out in clauses 10.1(a) and 10.1(b);
(b) represent and warrant to us that you have the permission to use the name and likeness of each person whose image appears in any of Your Content in the manner contemplated by these General Terms;
(c) represent and warrant to us that the use or exploitation of Your Content by us or any other user of the Platform will not infringe the rights of any third party (including, but are not limited to, intellectual property rights and privacy rights); and
(d) agree and undertake to us to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of Your Content to or via the Platform.
10.3 This clause will survive termination of these General Terms.
11 Your conduct
11.1 In using the Platform, you must:
(a) strictly comply with any policy displayed on our Platform;
(b) obey all laws whatsoever (including international law) which may apply in respect of your use of the Platform.
(c) not take any action that is likely to impose upon the Platform or our or our third-party service providers a disproportionately large load;
(d) not interfere with the proper working of the Platform or any activities conducted via the Platform, including by using any automated or manual software or process to “crawl”, “spider” or engage in similar conduct in relation to the Platform;
(e) except to the extent the Copyright Act allows you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of the Platform;
(f) not add any Your Content:
(i) unless you hold all necessary rights, licences and consents to do so;
(ii) that may result in you or us breaching any law, regulation, rule, code or other legal obligation;
(iii) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
(iv) that would bring us or the Platform into disrepute;
(v) that infringes the rights of any person;
(vi) that you know (or ought reasonably suspect) is false, misleading, untruthful or inaccurate;
(vii) that contains unsolicited or unauthorised advertising (including junk mail or spam); or
(viii) that contains computer or software viruses, files or programs that are designed to interfere with the ordinary functionality of the Platform, or obtain unauthorised access to any system, information, security device belonging to us or any third party.
12 Intellectual Property Rights
12.1 Except where otherwise indicated, we are the sole owners or licensee of all intellectual property comprised in the Platform (including all intellectual property comprised in the Platform content), and nothing in these General Terms constitutes a transfer of any intellectual property rights in or related to the Platform or Platform content.
12.2 You acknowledge and agree that the Platform and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Platform.
12.3 You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Platform content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.
12.4 You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 12 and that equitable or injunctive relief may be necessary.
13 Third party sites
13.1 The Platform may contain links to websites that are owned and operated by third parties. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.
13.2 You acknowledge and agree that when you access a third-party website available via a link contained on the Platform:
(b) we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and
(c) you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Platform.
14 Disclaimer and limitation of liability
14.1 We exclude all warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied (Warranties) other than those expressly set out in these General Terms and any other terms displayed on our website and applicable to you (for example, Tradies Terms or Agent Terms).
14.2 We exclude any Warranties in relation to any financial, investment, tax, legal or accounting matters in any jurisdiction including the suitability of any financial product to you, and the accuracy, suitability, completeness, fitness for purpose, quality or anything else in relation to the goods, services or financial products offered by, through, or on the Platform, including anything offered by any User.
14.3 Any advice provided on the Platform is of general nature only. You acknowledge that you must only rely on your own enquiries in relation to such financial products, services, Users and or any other information or material contained on the Platform. You should not rely solely on any information on the Platform to make business or personal decisions. It is up to you to research and determine if you agree with the manner of investment chosen by the Itrust Fund. Before making any investment you should consult a licensed financial advisor to obtain financial advice to suit your personal circumstances.
14.4 We provide the Platform on an “as is” and on an “as available” basis without any Warranties as to continuous, uninterrupted or secure access to the Platform, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have disruption or other difficulties in using the Platform.
14.5 We are not responsible for any action of any third-party or User. Any dealings you have with such parties are exclusively entered into between you and them.
14.6 In the event that we terminate the Platform or your access to the Platform pursuant to these General Terms, you release us from all liability, loss or claims suffered by you as result of or arising out of such termination.
14.7 To the extent that legislation or other law restricts our right to exclude Warranties under these General Terms, these General Terms must be read subject to those provisions and nothing in these General Terms is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, notwithstanding any other provision of these General Terms, to the extent that we are entitled to do so, we limit our liability pursuant to such provisions:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the payment of the cost of replacing the goods or of acquiring equivalent goods; and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
14.8 Our liability arising in connection with these General Terms or the Platform is limited as follows:
(a) we are not liable for any consequential, special, indirect or remote loss;
(b) our total maximum total liability arising in connection with these General Terms is capped to the total Contributions made to the relevant Itrust Account over the last 12-month period;
(c) our liability is excluded to the extent that you contributed to the liability;
(d) we will not be liable to any claim commenced later than 6 months after you had become aware of the facts giving rise to it; and
(e) our liability is subject to your duty to mitigate your loss.
14.9 All of the above subclauses are cumulative to one another.
15.1 You agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (Released Parties) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (Claims), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with the Platform. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
16.1 You agree to indemnify, defend and hold all the Released Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of these General Terms, (b) your use, misuse, or abuse of our Platform, (c) Your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in anything that violates these General Terms or a policy. You agree to promptly notify us of any third party Claims, cooperate with all Released Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, legal fees). You agree not to settle any Claim without our prior written consent.
17.1 These General Terms terminate automatically if we cease to operate the Platform for any reason.
17.2 You acknowledge and agree that:
(a) we may terminate your access to the Platform at any time without giving any explanation.
(b) we may terminate these General Terms immediately by notice to you in writing if you are deemed to breach these General Terms or associated policies in any way, in our sole discretion.
(c) Termination of these General Terms or your access to the Platform does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.
18.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these General Terms.
18.2 If a provision of these General Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
18.3 These General Terms are governed by the laws of NSW, Australia and each party submits to the jurisdiction of the courts of that State and all courts of appeal therefrom.
18.4 Any waiver of any term on these General Terms by us can only be expressed in writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.
19 Direct Debit Request Agreement
19.1 If you have indicated that you wish for your initial or additional investment amounts to be paid by direct debit, you must read and agree to the Direct Debit Request Service Agreement, which may be found at the end of the Additional Information Document https://itrustinvest.com/pds By using direct debit, you acknowledge that you have read and accepted the Direct Debit Request Service Agreement.
For convenience, the terms of the Direct Debit Request Service Agreement are restated here:
This information applies only if you have indicated that you wish for your initial or additional investment amounts to be paid by direct debit. Please ensure you have provided the details of your financial institution and completed the direct debit request in the relevant section of the online Application Form.
The following is your Direct Debit Service Agreement (Agreement) with SAML Fund Administration Pty Ltd ABN 37 649 441 770 (SAML), who acts as the Fund Administrator of Itrust Fund. The Agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement with SAML. It also details what SAML’s obligations are to you as your Direct Debit Provider. We recommend you keep this information in a safe place for future reference. It forms part of the terms and conditions of your Direct Debit Request in the relevant section of the online Application Form.
(a) Account means the account held at your financial institution from which we are authorised to arrange for funds to be debited
(b) Agreement means the Direct Debit Request Service Agreement between you and us
(c) Banking Day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia
(d) Debit Day means the day that payment by you to us is due
(e) Direct Payment means a particular transaction where a debit is made
(f) Direct Debit Request means the direct debit request in the online Application Form
(g) Us or We means SAML, the debit user you have authorised by signing a Direct Debit Request or agreeing to this Agreement.
(h) You means the customer who has signed or authorised by other means the Direct Debit Request
(i) Your financial institution means the financial institution nominated by you on the Direct Debit Request at which the account is maintained.
19.2 Debiting your Account: By signing a direct debit request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your account. You should refer to the direct debit request and this agreement for the terms of the arrangement between us and you.
19.3 We will only arrange for funds to be debited from your account as authorised in the direct debit request
We will only arrange for funds to be debited from your account if we have sent to the email address nominated by you in the direct debit request, a billing advice which specifies the amount payable by you to us and when it is due.
19.4 If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.
19.5 Amendments by Us: We may vary any details of this agreement or a direct debit request at any time by giving you at least fourteen (14) days’ notice.
19.6 Amendments by You: You may change, stop or defer a debit payment, or terminate this agreement by providing us with at least fourteen (14) days notification via our website itrustinvest.com or arranging it through your own financial institution.
19.7 Your Obligations
(a) It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the direct debit request.
(b) If there are insufficient clear funds in your account to meet a debit payment:
(i) you may be charged a fee and/or interest by your financial institution;
(ii) you may also incur fees or charges imposed or incurred by us; and
(iii) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
19.8 You should check your account statement to verify that the amounts debited from your account are correct.
19.9 If we are liable to pay goods and services tax (GST) on a supply made in connection with this agreement, then you agree to pay us on demand an amount equal to the consideration payable for the supply multiplied by the prevailing GST rate.
(a) If you believe that there has been an error in debiting your account, you should notify us via the web site itrustinvest.com and confirm that notice with us as soon as possible so that we can resolve your query more quickly. Alternatively, you can take it up with our financial institution directly.
(b) If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you of the amount by which your account has been adjusted.
(c) If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding.
19.11 Accounts: You should check:
(a) With your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions; and
(b) Your account details which you have provided to us are correct by checking them against a recent account statement; and
(c) With your financial institution before completing the direct debit request if you have any queries about how to complete the direct debit request.
(a) We will keep any information (including your account details) in your direct debit request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
(b) We will only disclose information that we have about you:
(i) To the extent specifically required by law; or
(ii) For the purposes of this agreement (including disclosing information in connection with any query or claim).
19.13 Notice: If you wish to notify us about anything relating to this agreement, please go to our website https://itrustinvest.com.