TERMS AND CONDITIONS
This website is intended solely for the use of persons accessing the website in the United States of America (US). It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction.
This website (the "Site"), is operated by BennBridge US LLC (“BennBridge”, "we" or "us"). BennBridge is a subsidiary of the Bennelong Funds Management Group Pty Ltd (“Bennelong”). Information about Bennelong and its subsidiaries (the “Bennelong Funds Management Group” or “Bennelong Funds Management”) is available at bennelongfunds.com.
BennBridge is registered as an investment advisor with the U.S. Securities and Exchange Commission, organized as a US private limited liability company.
Your use of the Site and your agreement with us
Changes to the Terms
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time without notice to users of the Site. You must check these Terms periodically for changes. By using the Site, you are agreeing to accept those changes, whether or not you have reviewed them. Any changes, modifications, or additions to, or deletions from these Terms shall be effective upon posting on the Site.
About the Site
The Site provides information regarding BennBridge and the Bennelong Funds Management Group, and the services we offer. The information on the Site is issued by BennBridge.
Who may access the Site
The Site is intended solely for the use of clients and prospective clients of BennBridge, intermediaries including professional advisors, investment or commercial banks, insurance companies, platform service providers, distributors or other financial intermediaries who use the information on the Site to meet the needs of their clients. Your access to the Site Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the site without notice.
From time to time, access to some parts of the Site, or the entire Site, may be restricted to registered users and further terms and conditions shall apply to such registered users, which the User will be asked to accept within the relevant pages.
We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when all of, or certain features, parts or content of, the Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that neither BennBridge nor Bennelong Funds Management will be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.
No Investment or Tax Advice; non-solicitation and non-reliance on information on Site
The information on the Site is for information purposes only and does not constitute an offer or a solicitation, or a recommendation by BennBridge of any security, product, or service. No investment advice, tax advice, or legal advice is provided through the Site, and you agree that the Site will not be used by you for these purposes. No representation is given that services identified on or accessible through, the Site are suitable for any particular investor. You acknowledge that your use of the Site and any requests for information are unsolicited.
Compliance with local law and regulation
The information on the Site is approved for publication by BennBridge and is intended for global distribution by BennBridge in jurisdictions where we are not prohibited by any law from making the information available to you.
You should satisfy yourself before accessing the site that BennBridge would be allowed to make this information available to you under the law applicable to you. If any material on this Site, or your use of this Site, is contrary to the laws of the jurisdiction in which you are located, then this Site is not intended for your use and we ask that you do not use this Site. You must ensure that your use of the Site and the information on the Site is in accordance with any applicable law and regulation. You are responsible for compliance with the laws of the jurisdiction in which you are located.
'As is' basis and accuracy of information
This Site is provided on an 'as is' and 'as available' basis. Neither BennBridge nor Bennelong Funds Management makes any warranty or representation and gives no undertaking that the Site can be accessed at all times. Neither BennBridge nor Bennelong Funds Management guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the information on the Site. Neither BennBridge nor Bennelong Funds Management represent or undertake that the Site or any of the information will be uninterrupted or error free or that any defects will be corrected.
BennBridge believes that the information contained, and opinions expressed in the Site are accurate at the date of publication. In particular, the market analyses and evaluations provided on this Site are made as of the date stated therein and are subject to change based on market conditions and other factors. These market analyses and evaluations may be changed at any time without notification and are only published for illustration purposes. Market analyses and evaluations should not be construed as a recommendation of any kind. Market commentary is intended to provide macro-economic information, and is made openly available through the BennBridge, Bennelong Funds Management or asset team websites. Neither BennBridge nor Bennelong Funds Management nor any of its affiliated group companies assume any liability for losses that are based on reliance on this information, or for any errors, omissions, or inaccurate information on the Site.
We reserve the right, at our sole discretion, to change, modify, add or remove the content of the Site.
Disclaimers, Exclusions from Liability and Indemnification
Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. Neither BennBridge nor Bennelong Funds Management makes any warranty or representation that the information is accurate, complete or timely. The information on the site is subject to change and therefore BennBridge and Bennelong Funds Management cannot accept responsibility for any loss, damage or expense incurred upon using the information provided. BennBridge and Bennelong Funds Management therefore each disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
To the fullest extent permitted by applicable law, BennBridge and Bennelong Funds Management each disclaim all warranties, express or implied. None of BennBridge, Bennelong Funds Management, or any of our respective licensors, licensees, service providers orsuppliers warrant that the site or any function contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the servers that make the site available are free from viruses or other harmful components. Neither BennBridge nor Bennelong Funds Management makes any warranty or representations regarding the use or the results of the use of the materials incorporated in the site or any third-party site accessed through the site in terms of their correctness, accuracy, timeliness, reliability, or otherwise and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material.
You expressly understand and agree that (to the fullest extent permitted by law) neither BennBridge nor Bennelong Funds Management shall be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits or contracts, income or revenue, goodwill, anticipated savings, data or other intangible losses (“losses”) (even if either BennBridge or Bennelong Funds Management has been advised of the possibility of such damages), arising out of, or resulting from: (A) the use or the inability to use the site; (B) the use of any content or other information or material on the site or any website or websites linked to the site; (C) unauthorized access to or alteration of your transmissions or data; (D) statements or conduct of any third party on the site; or (E) any other matter relating to the site. Neither BennBridge nor Bennelong Funds Management shall be responsible for any breach of these terms or any losses arising from the use of the site caused by circumstances beyond their reasonable control. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
You will indemnify BennBridge, Bennelong Funds Management, the Bennelong Funds Management Funds (including their affiliated or associated companies), and their officers, directors, employees and agents in respect of any third-party claim for any injury, loss, damage or expense occasioned by or arising directly or indirectly from your operation or use of the site or your supply of information to a third party provided in breach of any of your obligations under these terms.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users' browsing actions and patterns, and does not identify any individual. For information regarding the basis on which we collect, use and process the personal data of or relating to users of our website, please see our Privacy Notice. Investment risk factors In relation to the investment services offered by BennBridge, investors should remember that investment involves risk, including but not limited to the following:
- Past performance is not a guide to or guarantee of future returns. Please note that the value of investment and the income from them can fall as well as rise and you may not get back the amount originally invested. Income receivable may vary from the amount of income projected at the time of making the investment.
- Exchange rate fluctuations may affect the value of an investment and any income derived from it.
- If you exercise any right to redeem, or cancel or terminate your investment, you may not get back the amount initially invested if the share price or value of investments has fallen since you invested.
- There can be no guarantee that the tax position or proposed tax position prevailing at the time of an investment will not change.
This list of risk factors is not exhaustive. You should refer to the disclosure documents for information on risk factors relevant to our products and services.
Acceptable Use of the Site
It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of this Site. In general, users will not be permitted to use the Site in any way that damages or is likely to damage our reputation, the availability or integrity of the Site or which causes us or threatens to cause us to incur any legal, tax, regulatory or other liability. Users of the Site should avoid using the Site for any illegal purpose, or in such a way as to infringe or breach other's rights or to cause or threaten to cause us damage. Users must comply with any relevant notices, policies and terms imposed by third parties whose website, products or services you access through the Site. We reserve the right to suspend the use of the Site generally or block your access to any part of the Site and/or to suspend or terminate your rights to use the Site or any part of it if we suspect misuse. We shall report any misuse of the Site to the relevant enforcement or other authorities and to our legal advisors. We further reserve the right to disclose any evidence we have which relates directly or indirectly to misuse of this Site.
You agree not to use the Site or cause or permit the Site to be used:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm any third party in any way;
- to send, knowingly receive, upload, download, use or re-use any material which
- (i) is inaccurate, discriminatory, defamatory, obscene, threatening, deceptive, abusive, profane or offensive (or is likely to be perceived as such)
- (ii) promotes violence or any other illegal or immoral activity
- (iii) is in breach of anyone else’s intellectual property or
- (iv) which is otherwise in breach of any of these Terms;
- to jeopardize or prejudice the operation, quality or integrity of the Site, or the operation, quality or integrity of any telecommunications network;
- to harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- for any commercial purpose including any direct marketing, surveys, contests or pyramid schemes, nor to use the Site to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;
- to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, or any other harmful or detrimental programs;
- to attack the Site via a denial-of-service attack; or
- contrary to the terms and conditions of any Internet Service Provider you may use.
You agree not to publish or transmit any of the information on the Site to any third party without our prior written consent.
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Neither BennBridge nor Bennelong Funds Management will be responsible for any error or inaccuracy in advertising materials.
Subject to these Terms, we grant you a non-exclusive, non-transferable, limited right to access and use the Site and the materials displayed thereon. However, no right, title or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.
Unless otherwise indicated, BennBridge and Bennelong Funds Management own the copyrights, trademarks, trade names and all other intellectual property rights subsisting anywhere in the world to the content on the Site and, other than as set out above, grants no licenses to this content by virtue of your use of the Site. All materials incorporated in or accessible through the Site, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, podcasts, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the Site), are protected by copyright laws, and are owned, controlled or licensed by BennBridge and Bennelong Funds Management or by the original creators of such materials or their permitted licensors. All such rights are reserved. Such materials may be used only for viewing the Site in the ordinary course. Any other use of such materials, including any copying, reproduction, duplication, modification, sale, distribution, extraction, re-utilization, transmission, republication, downloading, displaying, posting, performance, or other exploitation thereof, by any means or medium, is prohibited, unless it is for the purpose of accessing the Site and producing printouts for your own use.
BennBridge and Bennelong Funds Management expressly prohibit linking by other websites to any part of the Site other than the home page ("deep-linking") or where BennBridge or Bennelong Funds Management has otherwise expressly given written permission. Any links to the homepage of the Site from another website must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impact the visitor's perception of the Site by suggesting that it is part of another website.
You may not delete or alter in any way any copyright, trademark, intellectual property or other legal notices from any part of the Site or any information printed or downloaded from it.
BennBridge and Bennelong Funds Management do not recommend or endorse, represent the accuracy of, and does not accept responsibility for, the content of any website not operated by us which you may visit by following a link from the Site. Any such links are provided for your convenience only and you are solely responsible for evaluating the content and accuracy of materials on such third-party websites. If you choose to access linked third party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third party websites.
The content on each asset managers’ website has been provided solely for informational purposes. BennBridge and Bennelong Funds Management make no representation regarding the accuracy or suitability of the information, services, or products described therein.
BennBridge and Bennelong Funds Management reserve the right to cease operating the Site or to terminate your access and use of any part of the Site at any time without notice and for any reason.
Law and jurisdiction
These Terms and any dispute or claim arising out of or in connection with them (including noncontractual disputes or claims) shall be governing by and construed in accordance with the laws of the United States. You agree that the courts of the United States shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms (including non-contractual disputes or claims).
These Terms constitute the entire agreement between BennBridge and Bennelong Funds Management and you with respect to your access to and use of the Site.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Our failure to exercise or delay in exercising a right or remedy provided by these Terms or by law does not constitute a waiver of those or any other rights or remedies.
If for any reason you wish to contact us, we can be reached at:
Phone: +1 (212) 796 2096
Calls and communications with us may be recorded and monitored. A copy of conversations and communications relating to products in which a client invests or services we provide to a client will be retained and may be made available to the client upon request for a period of five years.
BennBridge US LLC (“BennBridge”) is committed to maintaining the confidentiality, security and integrity of your information. We want you to understand how BennBridge obtains information, how that information is used and how it is kept secure.
Personal Information BennBridge Collects
While using our website, you need not supply us directly with any personal information. We will, however, automatically collect information such as:
- The Internet Domain and Internet Protocol address from which you access our website;
- The Internet browser you are using;
- The operating system you are using;
- The date and time of your visit;
- If you linked to our website from another, the address of that website;
- If you linked to our website from a search engine, the search engine;
- The device you accessed our website from.
We consider this information to be private; it is only collected for our internal purposes, which we may use to improve our website, or to help us provide better products and services to you.
Information Sharing Policy
Except as described below, BennBridge does not share your information or disclose any personal information about you.
BennBridge will not disclose personal information to any nonaffiliated third party for use in telemarketing, direct mail or other marketing purposes.
BennBridge limits the sharing of nonpublic personal information about you with financial or nonfinancial companies or other entities, including companies affiliated with BennBridge, and other, nonaffiliated third parties, to the following:
- Information that is necessary and required to process a transaction.
- Information that is required or permitted by law. For example, to protect you against fraud or with someone who has a legal or beneficial interest, such as your power of attorney, or in response to a subpoena.
Notwithstanding any other provision of this Policy, for the avoidance of doubt, nothing herein prevents reporting possible violations of federal law or regulation to any governmental agency or entity, or making other disclosures, protected under the whistleblower provisions of federal law or regulation. However, the protections provided for nonpublic personal information under state and federal privacy rules are not superseded by the federal whistleblower rules. As a result, the release of nonpublic personal information, even to a government agency or entity, remains protected under state and federal privacy rules, and could be considered a violation of federal privacy rules, until the SEC or other government entity specifically request the nonpublic personal information to support a claim made by the whistleblower.
BennBridge maintains physical, electronic, and procedural safeguards to protect your nonpublic personal information, and has procedures in place for its appropriate disposal and protection against its unauthorized access or use when we are no longer required to maintain the information.
Each of the following sections explains an aspect of BennBridge’s commitment to protecting your personal information and respecting your privacy.
If you have opted to receive marketing information from BennBridge by email, our policy requires that all messages include instructions for canceling subsequent email programs. Some products or services from BennBridge are intended to be delivered and serviced electronically. Email communication may be utilized in such cases. Please do not provide any account or personal information such as Social Security Numbers, account numbers, or account balances within your email correspondence to us. We will not use unsecured email to execute transaction instructions, provide personal account information, or change account registration.
Surveys / Aggregate Data
Periodically, BennBridge may conduct surveys about financial products and services or review elements of customer information in an effort to forecast future business needs. We then generate reports that are used for BennBridge’s planning, analytical and other corporate purposes.
Changes to Our Privacy Statement
BennBridge reserves the right to modify this privacy statement at any time. We will notify you of any changes that may affect your rights under this policy statement.