Terms & Conditions of Use

Your acceptance of the terms and conditions

The Gemi Investor Portal (Portal) allows investors to view certain details of your investments where the register of lenders is maintained by Gemi Investments Pty Limited (Gemi Investments) and Gemi Investments has agreed that lenders are able to use the Portal in this manner. Accordingly, you may not be able to view historical information through the Portal in respect of all your investments.

The Portal allows a lender 'view only' access. As a lender, you will not be able to amend any details regarding your Investment.

These are the current terms and conditions for the use of the Portal (Terms and Conditions). These Terms and Conditions are legally binding and you must read and agree to these before accessing the Portal service

Gemi Investments may, in its sole discretion, amend these Terms and Conditions at any time to, among other things:

• comply with any change or anticipated change in law, guidance or general practice or to reflect a decision of a court, ombudsman or regulator;
• comply with any change or anticipated change in law, guidance or general business practice or to reflect a decision of a court, ombudsman or regulator;
• comply with any requirements of any issuer of units for whom Gemi Investments acts or those of a third party service provider;
• reflect a change in our systems or procedures, including for security reasons or to capture new features incorporated into the Portal itself; or
• clarify the terms and conditions.

Gemi Investments will notify you of any such changes by publishing the amended terms and conditions on the Portal, and the terms and conditions will be available for review on the Portal, subject to its availability. Changes will be effective immediately once published. You can cease using the Portal at any time.

In using the Portal you acknowledge and agree:

• to use the Portal only in accordance with these Terms and Conditions and your other legal obligations;
• to use information obtained from the Portal only for lawful purposes;
• that you are either the lender or that you are duly authorised to act on the Lenders behalf in using the Portal;
• if your authority is under a power of attorney or letter of authority, you warrant that the relevant power of attorney, or a certified copy of it or letter of authority has been previously been provided to Gemi Investments;
• that we may permit anyone to access the Portal provided they use a valid login details, whether such use was authorised by you or not;
• that you are responsible for the security of your login details and that you will keep your login details confidential;
• to notify us immediately if you believe that your login details have been compromised or if the Portal has been accessed by an unauthorised person;
• that the Portal may be unavailable at any time without notice, but Gemi Investments will use its best endeavours to provide you with reasonable notice of any scheduled maintenance of, or upgrade to, the Portal;
• that you will not attempt to access any account details that do not relate to you personally and will notify us immediately if any such unauthorised access occurs;
• that nothing contained in the Portal constitutes financial advice. It is recommended that you seek the advice of your broker, or financial, legal and/or accounting adviser before making any investment decisions;
• that the Portal contains a summary of information obtained from Gemi Investments, third parties or provided by you. Whilst the information is believed to be reliable, Gemi Investments makes no representation or warranty as to quality or accuracy of the information in the Portal;
• unless indicated otherwise, all figures quoted in the Portal are in Australian dollars;
• that you must not attempt to access the software or computer systems supporting the Portal;
• that your access to the Portal may be terminated at any time by Gemi Investments or by you. These terms and conditions continue to apply despite termination of your access to the Portal;
• that except for warranties that cannot be excluded by law, no warranty either express or implied is given by Gemi Investments in respect to The Portal or any service provided in The Portal;
• that to the extent permitted by law, in no event will Gemi Investments and its related companies be liable for any loss or damages, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with The Portal or your use of or inability to use The Portal, including without limitation any errors or omissions in information in The Portal;
• except to the extent permitted by law, Gemi Investments disclaims all liability (including liability in negligence) to any person arising out of use of or reliance on the information at the The Portal, including liability for loss or damage which you or anyone else might suffer as a result of that use or reliance.
• that you indemnify Gemi Investments and its directors, officers, employees and contractors from all loss, claims, costs, expenses (including any legal expenses) or damages including without limitation direct or indirect, special, incidental or consequential damages and legal costs on a full indemnity basis arising from your breach of these terms and conditions. This indemnity is a continuing obligation and continues after your use of the service ends;
• that you are solely responsible for the use you choose to make of the information on The Portal. Further, to the extent permitted by law, you accept liability for all losses, damages, costs and other consequences resulting directly or indirectly from your use of the The Portal;
• Gemi Investments takes reasonable care to ensure that the information generated by it through this site is free of viruses or other corruption of data. Before opening or using any information or documents or attachments, you must check them for viruses and defects. Gemi Investments's liability in this respect is limited to re-supplying or re-generating the relevant information or attachments. You are responsible for ensuring that your computer is free from viruses or defects;
• that we may handle your personal information in accordance with our Privacy Policy as amended from time to time; and
• that these terms and conditions are governed by the laws in force in New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the Courts of New South Wales.