Application of Conditions of Use
In these Conditions of Use, the Challenger public site, the Challenger Investor login site and the Challenger Adviser login site are collectively referred to as the ‘Challenger Websites’ and Challenger Limited and its subsidiaries, are collectively referred to as ‘Challenger’.
These Conditions of Use, together with any other terms, notices or disclaimers contained elsewhere on the Challenger Websites, govern the supply of material on, use of and access to the Challenger Websites. By accessing the Challenger Websites, you agree to be bound by these Conditions of Use and any modifications, from time to time, of them.
Information and accuracy
Information provided on the Challenger Websites:
- is intended for Australian residents only and may not comply with the laws of other jurisdictions outside Australia;
- is of a general nature and does not take into account your individual circumstances, financial situation or needs or particular investment objectives;
- is not intended to be investment advice nor a recommendation or statement of opinion about any particular financial product or class of financial products. As a result, it should not be relied upon in acquiring any product or service offered by Challenger; and
- is provided in good faith and derived from sources believed to be accurate and current at the date of publication.
Challenger does not guarantee the accuracy, adequacy or completeness of information on the Challenger Websites or that those websites are otherwise free from error, omission or other defect. Challenger reserves the right to change any information provided on Challenger Websites without notice.
Challenger does not guarantee that your use of the Challenger Websites will be uninterrupted, timely or secure.
Unless otherwise specified, all references to currency are to Australian dollars.
Challenger Product Information
Each Challenger product has its own unique features and risks (which include possible loss of money invested and fluctuating investment returns). These particular features and risks are set out in the relevant product disclosure statement (PDS) or other offer document (as the case may be). You should always consider whether or not a particular Challenger product is appropriate for you in light of your particular needs, objectives and financial circumstances. In particular, you should:
- understand the relevant product’s features and risks;
- seek independent advice (particularly about such individual matters as taxation, retirement planning and investment risk tolerance); and
- read the relevant current PDS or other offer document relevant to the Challenger product, when making an investment decision. All such PDSs or offer documents are available free of charge on this website or by contacting your financial adviser or Challenger by calling our Investor Services team on 13 35 66 or visiting our website www.challenger.com.au.
All offers for Challenger products are contained in the relevant PDS or other offer document (as the case may be) and not on the Challenger Websites. All applications for Challenger products, unless otherwise expressly stated in the applicable PDS or offer document, must be made by Australian residents only and must be made using an application form attached to or accompanying the current PDS or other offer document relevant to that product.
Not all products and services referred to on the Challenger Websites are issued or provided by the same Challenger entity. Offers are made by the relevant product issuer, which will be a member of the Challenger Limited Group. The product issuer is identified in the PDS or other offer document for each Challenger product. All statements made in relation to a particular Challenger product or class of Challenger products on the Challenger Websites are made by the issuer of that Challenger product(s).
You warrant that when accessing and using the Challenger Websites you will not use any website for any purpose that is unlawful or prohibited by these Conditions of Use or any other term, notice or disclaimer appearing on the Challenger Websites. You also agree to not use the Challenger Websites in any way that interferes with other users.
You agree to not breach or circumvent, or attempt to breach or circumvent, any security measures on the Challenger Websites (including ‘hacking’ those websites) or attempt to obtain access to secure or member parts of the Challenger Websites without authorisation.
Challenger retains the right to monitor your use of the Challenger Websites and suspend or cancel further access at any time in its discretion.
Copyright and trade marks
The material on the Challenger Websites is protected by copyright. You may only use this material for your own personal reference. You must not otherwise use, reproduce, publish, modify, distribute, link, frame, transmit in any form or by any means, electronic or mechanical, for any purpose, any of the material on the Challenger Websites, except with the prior written permission of Challenger.
Trademarks used on the Challenger Websites are the property of Challenger or third parties with which Challenger has an association. You must not use a trade mark used on the Challenger Websites without the prior written consent of the owner of that trade mark.
Challenger grants users of Challenger Websites (included, but not limited to, investors and financial advisers) a non-transferable licence in relation to the Challenger Websites, including any files, images, tables and data incorporated in or generated by the software, and the data accompanying the software (collectively the ‘software’) necessary for the purposes of your use of the Challenger Websites. Challenger may decide to incorporate a fee for use of the software, which may be advised from time to time.
Links to third party websites and information regarding third parties
The Challenger Websites may contain hyperlinks and other pointers to websites operated by third parties and information given by a third party regarding their purpose, function and service (Information). These linked websites are not under Challenger’s control, and Challenger is not responsible for the contents of any linked website or any hyperlink contained in a linked website and the content of any Information provided on the Challenger Website. Challenger provides these hyperlinks and Information as a convenience only, and the inclusion of any link and Information does not imply any endorsement of the linked website or third party by Challenger. You agree to access any such third party website entirely at your own risk.
Limitation of liability
You agree that your use of the Challenger Websites and reliance on any information contained on those Websites is entirely at your own risk. To the extent permitted by law, Challenger excludes all liability for any loss or damage (including indirect or consequential loss or damage) you or any other person suffers in connection with your use of the Challenger Websites, including your reliance on any information contained on the Challenger Websites.
Challenger’s liability for breach of any warranty or condition implied by law that cannot be excluded is limited, at Challenger’s option, to:
in the case of services supplied or offered by Challenger:
- the re-supply of those services; or
- the cost of having those services re-supplied; and
in the case of goods supplied or offered by Challenger:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods; or
- the cost of having the goods replaced or repaired.
These Conditions of Use and other terms, notices and disclaimers appearing on the Challenger Websites are governed by the law in force in the state of New South Wales. You agree to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these online conditions of use.
Conditions of Access
Access to Challenger’s AdviserOnline and InvestorOnline are subject to the Challenger website general Conditions of Use, and by accessing AdviserOnline or InvestorOnline you agree to be bound by both the general Conditions of Use as well as these Conditions of Access, as well as any modifications of them. In these Conditions of Access, Challenger Limited and its subsidiaries, are collectively referred to as ‘Challenger’.
The security arrangements for AdviserOnline and InvestorOnline provide that they may only be accessed by authorised advisers or investors in Challenger. Accordingly, by accessing AdviserOnline or InvestorOnline, you agree:
- that you are an authorised adviser or investor in Challenger products to use AdviserOnline or InvestorOnline only for the purpose of accessing information that you are properly authorised to access;
- that you will use AdviserOnline and InvestorOnline only in accordance with these Conditions of Access and any other legal obligations that you may be required to comply with;
- that we may permit anyone to use AdviserOnline or InvestorOnline (including accessing account information and making transactions) provided they use a valid User ID and Password, whether such use was authorised by you or not;
- to provide us with such assistance as we may require in making such security checks as and when Challenger considers necessary; and
- that we may withdraw or restrict your AdviserOnline or InvestorOnline access at any time.
In relation to personal information and access details, you agree:
- to keep your User ID and Password confidential and not to disclose them to anyone;
- to not record your User ID and Password in the same place or in a manner in which confidentiality could be compromised;
- to notify Challenger immediately if you believe that the security of your User ID or Password has been compromised or if AdviserOnline or InvestorOnline has been accessed by an unauthorised person;
- to tell Challenger if your contact and account details change, or in the case of advisers if the contact and account details of any client changes; and
- that any instructions for using AdviserOnline or InvestorOnline provided to you or posted on this website from time to time, form part of these Conditions of Access.
If you are an adviser, you also agree:
- to only delegate access to AdviserOnline in accordance with your legal obligations, including your obligations under the Privacy Act 1988 (Cth);
- unless otherwise provided for in an agreement between Challenger and a third party, to immediately advise us of any change to, or termination of, your proper authority, licence or status as an authorised representative or authorised officer of your company.
Challenger takes all reasonable steps to protect the personal information held about you and/or your clients from misuse and loss and from unauthorised access, modification or disclosure. In connection with this, AdviserOnline and InvestorOnline have incorporated a number of physical and technological features to ensure the security of the information accessed, these features being the subject of ongoing independent reviews and audit to ensure they are in line with industry best practices.
Whilst using AdviserOnline or InvestorOnline services, all communications between your web browser and Challenger will utilise SSL encryption.