GPO BOX 1377,
Sydney NSW 2001
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING GOLDSKYGLOBAL.COM AND ANY PAGES THEREOF (the “Site”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AS WELL AS ANY FUTURE REVISIONS GOLDSKY ASSET MANAGEMENT, LLC MAY MAKE IN ITS DISCRETION. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.
You are accessing Goldsky’s network pursuant to the terms of this Agreement and any existing agreement you may have with us. You and your authorized designees (“Authorized Designees”) access the Site “AS IS” and acknowledge that the Site and the remote access services related to use of certain portions of this Site are proprietary to and confidential property of Goldsky and its relevant licensors and information and data suppliers (“Suppliers”). All equipment, systems, services and software are to be used for your business purposes only in accordance with the terms of this Agreement and your agreement(s) with Goldsky. Unauthorized access, use or distribution is in violation of state and/or federal statutes. Goldsky reserves the right to monitor and audit all transactions and data (including e-mail messages) for any purpose sent over this network and your use of this Site unless prohibited by law. You agree that a printed version of this Agreement shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records.
Certain portions of this Site are secure. The secure portions of the Site and information therein that you receive are encrypted for privacy. Goldsky takes reasonable and appropriate measures, including encryption, to ensure that information is disclosed only to you. However, the Internet is an open system and there is no absolute guarantee that the information you have retrieved will not be intercepted by others and decrypted, and you assume that risk in accessing the Site.
Not all products or services provided on the Site are available in all jurisdictions. Goldsky’s products and services are only available in jurisdictions where it is lawful to advertise and market these products and services. The information on the Site has been prepared for informational purposes only without regard to any particular user’s investment objectives, or financial situation or position and Goldsky is not soliciting any action based upon them.
Unless otherwise indicated either in the Site or herein, Goldsky or its affiliates own the copyright and any other intellectual property rights subsisting anywhere in the world to the information on this Site. You may not copy, reproduce, duplicate, modify, adopt or lend, sell, disseminate or otherwise transfer, in whole or in part, any of the information contained in this Site, except for the purpose of accessing the Site and producing print-outs for your own personal use, or making a reasonable number of copies of such pages for internal use within your organization in accordance with this Agreement. Users of this Site shall not remove, alter, or obscure any copyright, trademark, trade secret or other proprietary rights notices appearing in or on the website, and shall reproduce all such notices on any copies of content made by or on behalf of users.
No Offer/Local Restrictions
Nothing contained in or on the Site should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, investment or to engage in any other transaction. Goldsky offers a number of products and services designed specifically for various categories of investors in various countries and regions. Not all products will be available to all investors. These products or services are only offered to such investors in those countries and regions in accordance with applicable laws and regulations.
No information included on this Site is to be construed as investment advice or as a recommendation or a representation about the suitability or appropriateness of any advisory product or service; or an offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product, or instrument; or to participate in any particular trading strategy. Goldsky recommends that you seek independent financial and tax advice before making any investment decisions.
The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All persons and entities accessing the Site do so on their own initiative and are responsible for compliance with applicable local laws and regulations. The Site is not directed to any person in any jurisdiction where the publication or availability of the Site is prohibited, by reason of that person’s nationality, residence or otherwise. Persons under these restrictions must not access the Site.
The information available by accessing the non-U.S. pages on this Site has been prepared and is maintained by non-U.S. affiliates of Goldsky The Non-U.S. Affiliates offer products and services designed specifically for non-U.S. investors. The information and other material contained on these non-U.S. web pages are only directed at and available to investors in specific countries. All content contained therein should be considered, and is subject to, the specific regulatory requirements under which these Non-U.S. Affiliates operate, respectively. Goldsky does not offer the products or services of the Non-U.S. Affiliates to U.S. investors, and investments from U.S. investors generally will not be accepted. Access to non-U.S. pages in this site is not permitted by U.S. residents.
Information contained in the Site is checked and updated by Goldsky with due diligence on a regular basis. However, data and information on the Site may become outdated. Therefore, neither Goldsky Asset management, LLC nor any of their affiliates assumes any liability or guarantee for the timeliness, accuracy and completeness of the information provided. Goldsky uses reasonable efforts to obtain information from sources which it believes to be reliable; however, Goldsky makes no representation that the information or opinions contained on the Site are accurate, reliable or complete. The information on the Site is provided for informational purposes only and is subject to change without notice. The investments and strategies discussed in the contents may not be suitable for all investors and are not obligations of Goldsky or guaranteed by Goldsky. The investments are not bank deposits and are not insured by the FDIC, CIPF, CDIC or any other entity and are subject to investment risks, including the loss of the principal amount invested. Nothing contained on the Site constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision.
THE SITE AND THE INFORMATION INCLUDED ON THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. NEITHER GOLDSKY, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUPPLIERS, WARRANTS THE ACCURACY, ADEQUACY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS PROVIDED ON THIS SITE OR THE SITE’S ERROR-FREE USE OR CONNECTIVITY OR AVAILABILITY OF THE SITE OR CONTENT. THERE IS NO WARRANTY OF ANY KIND – EITHER EXPRESS OR IMPLIED – INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, ACCURACY, AVAILABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS.
SSGA MAKES NO WARRANTY WHATSOEVER TO YOU, EXPRESS OR IMPLIED, REGARDING THE SECURITY OF THE SITE, INCLUDING WITH RESPECT TO THE ABILITY OF UNAUTHORIZED PERSONS TO INTERCEPT OR ACCESS INFORMATION TRANSMITTED BY YOU THROUGH THIS SITE.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, INCLUDING NEGLIGENCE, SHALL GOLDSKY OR ANY OF THEIR RESPECTIVE AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING ANY DIRECT, SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS OF, USE OF, PERFORMANCE OF, BROWSING IN OR LINKING TO OTHER SITES FROM THE SITE , OR ANY INFORMATION AND RELATED GRAPHICS CONTAINED IN OR MADE AVAILABLE THROUGH THE SITE, EVEN IF GOLDSKY, OR ANY AFFILIATE OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST STATE STREET CORPORATION, SSGA OR THEIR RESPECTIVE AFFILIATES AND SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS SITE.
Goldsky is not responsible for the content or accuracy of third-party sites hyperlinked from this Site, nor does Goldsky guarantee the products or services offered on third-party sites. You acknowledge and agree that neither Goldsky nor any of its affiliates is responsible for the availability of such third-party sites, does not endorse, approve, investigate or verify, and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You further agree that neither Goldsky nor any of its affiliates shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites. These links are provided as a convenience and solely for informational purposes. Goldsky is not making any recommendation to invest in, purchase, or sell any securities or other products or services offered on the linked sites, nor has Goldsky sought to verify or confirm the information contained in the linked sites. Accordingly, Goldsky disclaims any responsibility for the linked sites. Review the privacy statements of any Web site you visit before you provide any personal/confidential information or conduct a transaction.
No other site, without the prior written permission of Goldsky, is authorized to link to any part of this Site.
YOU ACKNOWLEDGE THAT ALL DATA AND INFORMATION TRANSMISSIONS VIA THE SITE ARE SOLELY FOR THE INFORMATIONAL AND OTHER PURPOSES SET FORTH HEREIN, AND ARE NOT INTENDED AS FINANCIAL ADVICE OR AS AN OFFER, SOLICITATION OR RECOMMENDATION OF SECURITIES OR OTHER FINANCIAL PRODUCTS, OR TO SATISFY REGULATORY REQUIREMENTS OR COMPLY WITH ANY APPLICABLE LAWS, RULES, REQUIREMENTS OR STANDARDS OF ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL AUTHORITY, AGENCY OR INDUSTRY REGULATORY BOARD, INCLUDING THE SECURITIES INDUSTRY, WHICH COMPLIANCE IS YOUR SOLE RESPONSIBILITY. HISTORICAL PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE PERFORMANCE OF AN INVESTMENT. THE VALUE OF INVESTMENTS MAY FALL AS WELL AS RISE AND INVESTORS MAY NOT GET BACK THE AMOUNT INVESTED.
You agree to comply, and to cause your Authorized Designees to comply, with remote access operating standards and procedures and with user identification or other password control requirements and other security procedures as may be issued from time to time by Goldsky for use of the secure portions of the Site and access to the remote access services. You agree to advise Goldsky immediately in the event that you learn or have reason to believe that any person to whom you have given access to the Site has violated or intends to violate the terms of this Agreement and you will cooperate with Goldsky in seeking injunctive or other equitable relief. You agree to discontinue use of the Site and remote access services, if requested, for any security reasons cited by Goldsky without liability to Goldsky, its affiliates or its Suppliers.
Proprietary Information/Injunctive Relief
The Site described herein and the databases, computer programs, screen formats, report formats, interactive design techniques, formulae, processes, systems, software, know-how, algorithms, programs, training aids, printed materials, methods, books, records, files, documentation and other information made available to you by Goldsky as part of the remote access services and through the use of the Site and all copyrights, patents, trade secrets and other proprietary rights of Goldsky related thereto are the exclusive, valuable and confidential property of Goldsky and its relevant licensors (the “Proprietary Information”). You agree on behalf of yourself and your Authorized Designees to keep the Proprietary Information confidential and to limit access to your employees and Authorized Designees (under a similar duty of confidentiality) who require access to the Site for the purposes intended. The foregoing shall not apply to Proprietary Information in the public domain or required by law to be made public.
Restrictions on Use
You agree to use the remote access services only in connection with the proper purposes of this Agreement. You will not, and will cause your employees and Authorized Designees not to, (i) permit any third party to use the Site or the remote access services related to the Site, (ii) sell, rent, license or otherwise use the Site or the remote access services related to the Site in the operation of a service bureau or for any purpose other than as expressly authorized under this Agreement, (iii) use the Site or the remote access services related to the Site for any fund, trust or other investment vehicle without the prior written consent of Goldsky, (iv) allow or cause any information transmitted from Goldsky’s databases, including data from third party sources, available through use of the Site or the remote access services, to be published, redistributed or retransmitted for other than use for or on behalf of yourself, as Goldsky’s customer, and (v) use more than one asset identifier per security. In no event may you use the data and information on the Site in lieu of obtaining appropriate licenses from the applicable Supplier, and Goldsky may limit the use of this Site accordingly.
Modification of the Site
You agree that neither you nor your Authorized Designees will modify the Site in any way, enhance or otherwise create derivative works based upon the Site, nor will you or your Authorized Designees reverse engineer, decompile or otherwise attempt to secure the source code for all or any part of the Site.
You agree to make Goldsky and its subsidiaries and affiliates whole for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or any violation of this Agreement unless prohibited by law.