A. OnePath Custodians Pty Limited (OPC) and Oasis Fund Management Limited (OFM) maintains and offers a facility by which financial intermediaries are able to access Macquarie software containing client data, and transact for clients from a remote location. This facility which includes associated data, information and software owned by or licensed to Macquarie is referred to throughout these conditions of use as the Online Portal.
B. OPC and OFM agree to allow you, as a financial intermediary, access to and use of the Online Portal on the conditions below. ‘You’ refers to you as the financial intermediary, your employees and agents or you as employee, as the case may be.
C. ‘Macquarie’ refers to Macquarie Bank Limited, Macquarie Investment Management Limited and each other member of the Macquarie Group, their employees and agents.
CONDITION OF USE
1. You accept that these conditions apply each time you use the Online Portal.
2. You agree:
a) to only use the Online Portal if authorised by either OPC or OFM:
i. for legitimate purposes associated with clients and to the extent permitted by their unrevoked authority
ii. in accordance with all means of access security codes and devices nominated by either OPC or OFM (including the Access Code and password) – which are collectively referred to as codes
b) to only upload data on the terms agreed with either OPC or OFM from time to time
c) not to interfere or damage (or attempt to interfere or damage) any code, data or software associated with the Online Portal (other than to make authorised transactions)
d) to keep confidential any information or data obtained by you at any time by using the Online Portal.
e) to keep each code:
i. confidential and on the terms on which it is given to you
ii. secure against any improper or unauthorised use
f) to restrict access to the Online Portal to your employees and agents for whom access is reasonably necessary to perform your duties to clients
g) to ensure that your employees and agents understand and comply with these conditions of use and enforce them at your expense.
3. You will immediately advise either OPC or OFM (or both as the case may be) if:
a) any person to whom either OPC or OFM has issued a code in relation to your business ceases to be your employee or agent or you cease to be an employee or agent as the case may be
b) you suspect a breach of any of these conditions of use by you, or any of your employees or agents.
4. OPC, OFM and Macquarie will be entitled to:
a) assume that the user has appropriate authority each time the Online Portal is used in conjunction with your codes, unless you give either OPC or OFM prior advice to the contrary
b) abide by any transaction effected on a client’s behalf via the Online Portal using your codes whether or not they have been effected by you, subject only to sufficiency of funds and other terms agreed between either OPC or OFM and the client.
5. Either OPC or OFM will confirm the receipt of your instructions to transact (although not the transaction itself) at the time of your instructions.
6. You accept full responsibility for any expense, loss or liability (howsoever characterised or caused) incurred by OPC, OFM, Macquarie, you or a client as a result of the use of the Online Portal by you, your employees and agents (both current and former)
7. Anything associated with or available through the Online Portal belongs to either OPC or OFM or other third persons and is protected by intellectual property rights. You agree not to access, download or otherwise use such property other than as expressly permitted by these conditions. You will be responsible and indemnify either OPC or OFM, and Macquarie accordingly, for any unauthorised use of such property.
8. OPC, OFM and Macquarie will use reasonable efforts to provide (but do not warrant that they will provide):
a) access to the Online Portal at all reasonable times, and
b) reliable data and information, to the extent that it is within their reasonable control. OPC, OFM and Macquarie take no responsibility for the reliability of information outside of their control.
9. Subject to conditions and warranties implied by legislation, OPC, OFM and Macquarie exclude:
a) liability for any delay, interruption or unavailability of the Online Portal and for any inaccuracy or incompleteness of data provided by any person and available one the Online Portal
b) all terms implied by statute, general law or custom except ones that may not be excluded. If OPC, OFM or Macquarie breaches any condition or warranty implied by legislation into a contract with a consumer, OPC, OFM and Macquarie respectively limit their liability for that breach to a resupply of the goods or services in respect of which the breach occurred.
10. OPC, OFM and Macquarie reserve the right to:
a) change any of these conditions at any time and you agree to comply with those changes from the time you are notified
b) suspend or terminate your use of the Online Portal at any time and for any reason.
11. Your right to use the Online Portal is personal to you and cannot be assigned or transferred.
Conditions specific to Adviser Initiated Payments
1. Via Online Portal, Representatives are able to initiate a Payment for a Client.
2. Only Representatives that have their own Access Codes are permitted to initiate a Payment for a Client.
3. The initiation of a Payment will result in Macquarie sending a Secure Code to the Client.
4. If the Client consents to a Payment that has been initiated by a user, the Client will need to provide the user verbally with the Secure Code that we have sent to them.
5. Once the Representative has received the Secure Code verbally from the Client authorising the Payment, the Representative can enter that Secure Code to enable the Payment to be completed.
6. Only the Representative who has initiated the Payment is permitted to enter the Secure Code obtained from the Client verbally to complete the Payment.
7. It is the Representative’s obligation to ensure that the person from whom they verbally received the Secure Code is their Client, and the person whose investment cash account is being transacted on.
8. Each time a Representative seeks to complete a Payment, they will be required to acknowledge and confirm that the Secure Code inputted by them has been provided to them verbally by the Client to authorise the Payment and they are the one and the same person who has initiated the Payment for the Client.
9. The Representative acknowledges and agrees that if the Client suffers and incurs any loss and costs directly or indirectly as a result of an Unauthorised Payment, that the Representative is liable for that loss and costs.
10. The Representative also agrees to indemnify, and at all times keep indemnified, OPC, OFM and Macquarie against loss, damage and expenses (including legal costs) arising from any claim, demand, action, suit or proceeding that may be made or brought by any person against OPC, OFM or Macquarie for or in respect of any payments made by the Representative, including but not limited to an Unauthorised Payment.
Adviser Initiated Payments – means a digital solution via the Online Portal to enable you to initiate a Payment on behalf of your Client from their investment cash account and then to complete that Payment on the verbal receipt of a Secure Code sent by us to your Client.
Client – means a person who holds or is likely to hold an investment cash account and is or will be recorded as a Client of the Company as a result of the application or a subsequent instruction to that effect by the Client.
Company – means a Partnership, Dealer, Dealer Group or Company that acts on a Client’s behalf in respect of investments in the investment cash account.
Payment – means a payment of any type including by BPAY®, funds transfer, PayAnyone or by any other method allowed by OPC, OFM or Macquarie from time to time and is effected via Adviser Initiated Payments from your Client’s investment cash account.
Secure Code – means a code we send by SMS to your Client’s mobile phone to be used by them to provide their consent to and authorisation of a Payment from their cash account that has been initiated by you via Adviser Initiated Payments.
Unauthorised Payment – means any Payment made by you via Adviser Initiated Payments which is either fraudulent, without consent and /or does not comply with the Terms and Conditions.