IMPORTANT INFORMATION
Please read the following terms and conditions that apply to this website www.lazardassetmanagement.com.au (“Site”).
TERMS AND CONDITIONS
User Types
The “User Type” shown on this Site is important to us as it determines the type of investor you are. There are two “User Types”: “Individual Investors” and “Professional Investors”.
We consider an “Individual Investor” to be an individual over 18 years of age, or a company, that is a “retail client” as defined by the Corporations Act 2001 (Cth).
We consider a “Professional Investor” to be an individual over 18 years of age, or a company, that is a “wholesale client” as defined by the Corporations Act 2001 (Cth).
It is therefore important that you select the “User Type” that best describes you. If you select a “User Type” that does not describe the type of investor you are, then the information accessible for that “User Type” may not be appropriate for you.
Who we are and who you are
A reference to “us”, “we” or “Lazard Pacific” is a reference to Lazard Asset Management Pacific Co., ABN 13 064 523 619 AFSL No. 238432. A references to “you”, “your”, “I”, “their” or “investor” is a reference to people who visit this Site.
Individual investors should read the Financial Services Guide (and may be accessed here.) when considering whether to use a financial service offered by us on this Site.
Who Operates this Site
This Site is operated by Lazard Pacific. These Terms and Conditions must be read in conjunction with Lazard Pacific’s Privacy Policy and Cookie Policy and are in addition to, and do not nullify or supersede any other agreement that you have signed with us to govern our relationship.
We may change the content and/or services on this Site without notice including these Terms and Conditions, the Privacy Policy and the Cookie Policy. Your continued access to, or use of, the Site means that you agree to and accept the changes we make. You may want to periodically review these Terms and Conditions, the Privacy Policy and the Cookie Policy for changes.
Location
The information contained on this Site is prepared for residents of Australia only and should not be relied upon by residents of any other jurisdiction. The documents on this Site, (which include the Product Disclosure Statements and Additional Information Document where applicable), collectively referred to as “Documents”, are only intended for use by Australian residents. They have been prepared under Australian law and do not directly or indirectly amount to an offer in any other place other than Australia.
Subject to the laws of Australia and the laws of the country in which you are located, if you are a non resident of Australia please contact us on +61 2 8274 1400 if you require information from us.
Nature of Information on this Site
The information contained on the Site ("Information"), including information on investment strategies (“Strategies”) and investment markets, may have been obtained or derived from third party sources. Although we believe these sources to be reliable, the Information's accuracy and currency cannot be assured. The Information (including opinions and estimates) is subject to change from time to time.
You agree that you will not rely on the Information, and you acknowledge that, to the extent permitted by law including any guarantees or warranties implied by any consumer protection law, we:
- do not warrant or guarantee the timeliness, currency, accuracy, completeness, merchantability or fitness for a particular purpose of the Information;
- take no responsibility for any error, omission or defect contained in the Information; and
- are not obliged to update the Information or correct any inaccuracy which may become known to us.
This section is subject to any Non-Excludable Rights you may have (as described in the "Liability" section below).
General information only
This Site contains general information only and has been prepared without taking account of any investor's objectives, financial situation or needs. Investors should obtain their own professional advice as to whether investment in any Strategy is appropriate having regard to their particular investment needs, objectives and financial circumstances before investing. Investors should obtain a copy of the current Product Disclosure Statement and Additional Information Document where applicable for any registered managed investment scheme (“Scheme”) referred to on this Site, available from this Site or for some Schemes, from your IDPS operator, and consider the Product Disclosure Statement and Additional Information Document where applicable, before making any decision about whether to acquire, or to continue to hold, an investment in a Scheme.
Neither Lazard Pacific nor any member of the Lazard Group, including Lazard Asset Management LLC and its affiliates guarantees in any way the performance of any Strategy or Scheme, repayment of capital from any Strategy or Scheme, any particular return from or any increase in the value of a Strategy or Scheme.
Any past performance shown for any Strategy and/or Scheme on this Site is not a guarantee of nor an indication of what the future performance of that Strategy or Scheme may be.
Any references to assets under management for Lazard Asset Management LLC, include those of Lazard Asset Management LLC (New York) and its affiliates, but do not include those of Lazard Frères Gastion (Paris) or other asset management businesses of Lazard Ltd.
Liability
The Australian Consumer Law and the Australian Securities and Investments Commission Act 2001 (Cth) may confer certain rights and remedies on you in relation to the provision by us of goods or services. These Terms and Conditions do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would:
- contravene the relevant statute; or
- cause any part of these Terms and Conditions to be void or unenforceable
(Non-Excludable Rights).
To the extent permitted by law (including by the Australian Consumer Law and the Australian Securities and Investments Commission Act 2001 (Cth)):
- all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded under these Terms and Conditions; and
- we are not liable (including in negligence) for any loss of profit, loss of revenue, loss of goodwill, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, or any indirect, consequential or special loss or damage incurred by you or any other person arising under or in connection with these Terms and Conditions or the provision, collection, interpretation, reporting, communication or delivery of any Information (even if you have been advised of the possibility of such loss or damage).
Subject to the previous paragraph, and to the extent permitted by law (including by the Australian Consumer Law and the Australian Securities and Investments Commission Act 2001 (Cth)), our total liability to you under or in connection with these Terms and Conditions (including in negligence) is limited in the aggregate to:
- in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again; and
- in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
Subject to any Non-Excludable Rights you may have, we may make any election contemplated by the previous paragraph.
Indemnity
You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you to comply with these Terms and Conditions.
Access by you to the Site
You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. To avoid any doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked site.
Intellectual property rights
Copyright and all other intellectual property rights in this Site (including in the Information and the text, graphics, logos, icons, sound recordings and software comprised in the Site) is either owned by or licensed to us. Content procured from a third party may be the subject of intellectual property rights owned by that third party. Nothing in these Terms and Conditions transfers any intellectual property rights to you. You are granted a non-exclusive, non-transferable licence to use the Site (and the Information contained on it) for your personal, non-commercial purposes. This licence entitles you to print a copy of any Information contained on this Site for your personal, non-commercial use, provided that you do not to remove any copyright or other notices appearing with that Information.
You must not (and must not authorise or assist any person to):
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site or from any content obtained from this Site (except as expressly permitted in the previous paragraph);
- commercialise or on-sell any Information, content, products or services obtained from any part of this Site; or
- systematically download or print the Information or other content on this Site,
without our written permission or, in the case of third party material, from the owner of the copyright in that material.
Trade marks
This Site includes registered trade marks owned by us (or our licensors) and trade marks that are the subject of applications for registration by us (or our licensors) including but not limited to the Lazard logo. You must not use (or authorise or assist any person to use) any of our trade marks or the names “Lazard”, “Lazard Asset Management” and “Lazard Asset Management Pacific Co” without our written permission.
Linked websites
This Site may contain links to other Sites ("linked sites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked sites, and we have no control over or rights in those linked sites. We encourage individuals to read the privacy policies that apply to linked sites before using them as the privacy policies that apply to linked sites may differ substantially from our Privacy Policy.
Our links with linked sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked Sites, or of any information, graphics, materials, products or services referred to or contained on those linked sites, unless and to the extent stipulated to the contrary.
Privacy Policy and Disclosure Statement
Our Privacy Policy forms part of these Terms and Conditions, and may be accessed here.
Cookies
Our Cookie Policy forms part of these Terms and Conditions, and may be accessed here. We collect information using "cookies" on the Site for the purposes of operating an efficient online service and tracking the patterns of behaviour of visitors to the Site. Although you can usually modify your browser to prevent cookie use, if you do this, the Site may not work properly for you.
Security of Information
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Our Privacy Policy explains how we protect any personal information we hold, and may be accessed here.
Termination of Access
Access to this Site may be terminated in whole or in part at any time by us without prior notice to you. Where applicable these Terms and Conditions nevertheless survive any such termination.
Governing Law
These Terms and Conditions are governed by the laws in force in New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that state.
If any of these Terms and Conditions is held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force. If we waive any rights available to us under these Terms and Conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion.