METRICS WEBSITE TERMS OF USE
By accessing and using this website (Website), you agree to abide by these terms and conditions (Terms of Use). These Terms of Use govern your use of and interaction with the Website. If you do not agree to abide by these Terms of Use, do not use this Website.
Unless expressly stated otherwise on this Website, this Website is owned and operated by Metrics Credit Partners Pty Ltd (ABN 27 150 646 996) (AFSL 416 146) (Metrics).
All Website content in respect of the Metrics Master Income Trust (MXT) (ARSN 620 465 090) and the Metrics Income Opportunities Trust (MOT) (ARSN 631 320 628) is issued by The Trust Company (RE Services) Limited (ABN 45 003 278 831) (AFSL 235 150) as the responsible entity of MXT or MOT as applicable.
All Website content in respect of the Metrics Direct Income Fund (MDIF) (ARSN 641 620 331) is issued by Equity Trustees Limited (ABN 46 004 031 298) (AFSL 240975) (Equity Trustees).
The Trust Company Limited (ABN 59 004 027 749) (AFSL 235148) and Perpetual Trust Services Limited (ABN 48 000 142 049) (AFSL 236648) are the trustees of the relevant Wholesale Funds (as defined below), other than MXT, MOT, MDIF and the Metrics Multi-Strategy Private Debt (NZ) Fund (NZ Unlisted Fund), which are only made available to ‘wholesale clients’ under Corporations Act 2001 (Cth). References to ‘Perpetual‘ in these Terms of Use are to The Trust Company (RE Services) Limited, The Trust Company Limited or Perpetual Trust Services Limited (as applicable).
In respect of the NZ Unlisted Fund, Implemented Investment Solutions Limited (NZ Company Number 3088365) (IIS) is the manager, Metrics is the investment manager and Public Trust is the trustee. NZ Unlisted Fund is only made available to wholesale investors as defined in clause 3 of schedule 1 of the Financial Markets Conduct Act 2013 (FMC Act).
This Website includes documents and information relating to financial products that are available to wholesale clients only (Wholesale Funds). Any document or Information on this Website relating to a Wholesale Fund is only intended to be provided to persons in Australia and New Zealand if that person is a wholesale client. This information is not intended to be distributed or passed on, directly or indirectly, to any ‘retail clients’ under Corporations Act 2001 (Cth) or the Financial Markets Conduct Act 2013. It is being supplied to wholesale clients solely for their information and may not be reproduced, forwarded to any other person or published, in whole or in part, for any purpose.
Metrics reserves the right, in Metrics’ sole discretion, to change, modify, add or remove any portion of this Website, including the Terms of Use, in whole or in part, at any time, with or without notice to you. Changes will be effective when posted.
Metrics authorises you to view and access a single copy of the content available on this Website for your own use. You are not permitted to disclose, reproduce or distribute to third parties any such content, in whole or part, without Metrics’ written consent.
Not financial advice
This Website does not constitute an offer to sell or buy any interest in any fund managed by Metrics (Funds). Nothing on this Website constitutes professional, legal, financial, tax or investment advice nor does any information on this Website constitute a comprehensive or complete statement of the matters discussed or the relevant law. Should you wish to invest directly in a Fund referred to in this website you must only do so on the basis of a current disclosure document being, in the case of MXT, MOT and MDIF, product disclosure statements (PDS), either downloaded from this Website or provided by Metrics.
The information provided on this Website is of a general nature only and has been prepared without taking into account your objectives, financial situation or needs. Before making an investment decision in respect of any Fund, you should consider the current disclosure documents or PDSs, in respect of the relevant Fund and assess whether that Fund is appropriate given your objectives, financial situation or needs. If you require advice that takes into account your personal circumstances, you should consult a licensed or authorised financial adviser.
An investment in a Fund is subject to investment and other known and unknown risks, some of which are beyond the control of Perpetual, Equity Trustees, IIS or Public Trust (as applicable), Metrics and the Fund, including loss of income and capital invested. You should have regard to the risks outlined in the risks section of the Fund’s PDS or disclosure document.
Neither Perpetual, Equity Trustees, IIS nor Public Trust (as applicable) nor Metrics, any of its related bodies corporate or any person guarantees repayment of capital or any particular rate of return from any Fund. Neither Perpetual, Equity Trustees, IIS nor Public Trust (as applicable) nor Metrics gives any representation or warranty as to the currency, reliability, completeness or accuracy of the information contained in this Website. All opinions and estimates included in this Website constitute judgments of Metrics as at the date of Website creation and are subject to change without notice. Past performance is not a reliable indicator of future performance.
Non-excludable Obligations
To the extent that you acquire goods or services from us as a ‘consumer’ (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms of Use operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of these Website Terms to be void (Non-excludable Obligations).
Disclaimers and limitation of liability
This Website and the information and materials on this Website are provided ‘as is’ and ‘as available’. Except in relation to Non-excludable Obligations, Perpetual, Equity Trustees, IIS or Public Trust (as applicable) and Metrics expressly exclude all conditions, warranties, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on Perpetual or Equity Trustees (as applicable) or Metrics.
Neither Perpetual, Equity Trustees, IIS nor Public Trust (as applicable) nor Metrics represent, warrant or guarantee that this Website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
Whilst Perpetual, Equity Trustees, IIS or Public Trust (as applicable) and Metrics believe the information contained in this Website is based on reliable information, neither Perpetual, Equity Trustees, IIS nor Public Trust (as applicable), Metrics, nor any of their directors or officers warrant the currency, accuracy, completeness or reliability of any information on this Website or that this Website will operate ‘error free.’ This Website was prepared for multiple distributions and it may not be appropriate in all circumstances. Anyone considering action on the basis of the information contained on this Website should contact their financial adviser for individual advice in the light of their particular circumstances.
Except in relation to Non-excludable Obligations, neither Perpetual, Equity Trustees, IIS nor Public Trust (as applicable), Metrics nor any of their shareholders, members, managers, officers, directors, employees or agents (collectively, Metrics Parties) shall have no liability whatsoever to you (including because of our negligence) for any type of direct, indirect or consequential loss or liability howsoever caused or incurred by you or any other person under or in connection with your use of (or inability to use) the Website (including any content or in connection with any link), including (without limitation) any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data, or any other loss, harm, damage, cost or expense (including legal fees).
Each Metrics Party’s liability is limited to the maximum extent permitted by law and is limited even if that party has been advised of the possibility of the damages, liability or injury that you suffer, including any damages, liabilities or injury caused by any failure of performance, error, omission, defect, interruption, delay in operation, computer virus, line failure or other computer malfunction.
Metrics reserves the right to restrict, suspend or terminate without notice your access to the Website, any content, or any feature of the Website at any time without notice and Metrics will not be responsible for any loss, cost, damage or liability that may arise as a result.
Indemnity
You agree to indemnify and hold harmless the Metrics Parties from and against any and all claims, losses, damages, cost, expense or liabilities, including but not limited to personal injury, death, loss of or damage to property, reasonable legal costs, infringement of rights and associated costs, that may arise as a result of:
- your use of this Website giving rise to any third party claim against you or any Metrics Party;
- any inaccurate or incomplete information provided by you to Metrics;
- any breach of the Terms of Use by you or of your obligations under these Terms of Use; and
- any breach of the law, negligence or infringement of the rights of any third party by you.
Metrics reserves the right to take over the exclusive defence of any claim for which it is entitled to indemnification under this section. In such an event, you shall provide Metrics with such cooperation as is reasonably requested by Metrics.
Links to other websites
This Website provides links to websites operated by other entities. In addition, third party sites may be linked to this Website, with or without Metrics’, Perpetual’s, Equity Trustees’, IIS’ or Public Trust’s consent. If you access a link to a third party website via this Website, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Metrics, Perpetual, Equity Trustees, IIS or Public Trust. Neither Perpetual, Equity Trustees, IIS or Public Trust (as applicable) nor Metrics not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or punitive. Neither Perpetual, Equity Trustees, IIS nor Public Trust (as applicable) nor Metrics endorse or make any warranty, guarantee or representation as to, and shall have no liability for, any information or content delivered by any third party on websites linked to or from this Website, including, without limitation, the accuracy, subject matter, quality or timeliness of any information or content on those websites.
Intellectual property
You acknowledge and agree that you will not acquire any rights, title or interests, including but not limited to, intellectual property rights (whether copyrights, trademarks or otherwise), in Perpetual, Equity Trustees, IIS, Public Trust, Metrics or any material or content on this Website. You acknowledge and agree that, unless expressly stated, any material on the Website, including all associated intellectual property rights, are the exclusive property of Perpetual, Equity Trustees, IIS, Public Trust, Metrics and/or each of their licensors or authorised third parties (as applicable).
You should assume that everything you see or read on the Website is subject to copyright and may not be used (except as provided in these Terms of Use) without Metrics’ express written permission.
Any reproduction or redistribution of the Website or any part of its content is prohibited and may result in civil and criminal penalties.
You agree that you will not remove, alter or obscure any intellectual property rights incorporated in the material on the Website. You will not upload, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit Metrics or any material or content on the Website without Metrics’ consent. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the material or content on the Website, in whole or in part.
No licence or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Metrics, Perpetual, Equity Trustees, IIS, Public Trust or its licensors, except for the licenses and rights expressly granted in these Terms of Use.
Your Privacy
Any personal information or other usage data that Metrics collects as a result of your use of this Website will be handled in accordance with our Website Privacy Collection notice, available here metrics.com.au/collection-notice. Website communications are received directly and managed by the fund distributor, Pinnacle Investment Management Limited (Pinnacle). Pinnacle will treat your personal information in accordance with its own Privacy Policy available at: https://www.pinnacleinvestment.com/.
Changes to Terms of Use
Metrics may change these Terms of Use by posting the updated Terms of Use on the Website. You agree to be bound by the changed terms if you use this Website after the terms have changed.
Governing law
These Terms of Use are governed by the laws of New South Wales, Australia. Any dispute relating to these Terms of Use shall be brought solely in the state or federal courts located in New South Wales and you agree that such courts shall have jurisdiction over you in connection with any such dispute.
If, for any reason, a court of competent jurisdiction finds any provision in these Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder shall continue in full force and effect.
Last updated: March 2022