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Terms & Conditions

Please read the following Important Information and then click the appropriate option box below.

About DWS Australia

This Australian website is operated by DWS Investments Australia Limited ABN 52 074 599 401 (“DWS Australia”).

DWS Australia is a company incorporated under the laws of the Australian Capital Territory, Australia with its principal place of business in Australia at Level 16, 126 Phillip Street, Sydney, New South Wales 2000 Australia. DWS Australia is the holder of Australian Financial Services Licence No. 499640. DWS Australia is an asset management subsidiary of DWS Group GmbH & Co. KGaA (“DWS Group”).

DWS Australia is not an Authorised Deposit-taking Institution under the Banking Act 1959 nor regulated by APRA.

Your use of this Australian website (“website”) is subject to this Important Information, the Terms of Use, our Privacy Statement and any other terms, conditions, notices or disclaimers displayed on the website (Website Terms”). If you do not agree to these terms, then do not use this site.

By using the website you will be deemed to accept the Website Terms and agree to be bound by them.

Intended Users and US Persons

Access to the information contained on this website is intended solely for persons in Australia who are wholesale clients as defined in section 761G of the Corporations Act and who are accessing this website from within Australia.  If you are not resident in Australia, please do not use this website. You must not distribute or pass on information on this website, which is intended solely for wholesale clients, to any person who is not a wholesale client.

This website does not constitute an offer or solicitation and is not directed at you if DWS Australia is prohibited by any law of any jurisdiction from making the information on this website available to you and is not intended for any use that would be contrary to local law or regulation. No products and services mentioned on this website must be promoted in any jurisdiction where this would not be permitted.

This website is not aimed at any US Person (as defined by Regulation S of the US Securities Act 1933) and is not to be used by persons in the United States or US Persons. It does not constitute an offer to sell or solicitation of an offer to buy, or an invitation to subscribe for or buy securities in the United States.  By accessing this website, you represent, warrant and agree that you are not a US Person, a resident of the US, currently located in the US or a person acting on account of a US Person.

No Investment, Legal or Tax Advice

This website does not constitute investment, legal or tax advice with respect to products or services and it is important that you do not rely on its content when making an investment decision.  The information on this website is general information only and does not take into account your individual objectives, financial situation or needs.  No recommendation or advice is being given as to whether any investment or strategy referred to on this website is suitable for you. You should obtain relevant and specific professional advice before making any decision to enter into an investment transaction.  DWS Australia will not treat users of the website as its clients by virtue of them accessing it.

Past performance is not indicative of future results.  The value of investment funds and the income therefrom may go down as well as up and you may not get back the original amount invested. Your capital could be at risk. Exchange rates may cause the value of overseas investments and the income therefrom to rise and fall. DWS Australia does not guarantee any particular rate or return, the performance of any investment or the repayment of capital from any investment.

Third Party and Other Information

DWS Australia does not represent that the information on this website, including any third party information, is accurate or complete and it should not be relied upon as such.  Certain information contained on this website (including any forward-looking statements and economic and market information) has been obtained from published sources and/or prepared by third parties and may not be current. While such sources are believed to be reliable, DWS Australia, each of its officers, employees and affiliates do not assume any responsibility for the accuracy or completeness of such information. Any views or opinions expressed may not reflect those of DWS Australia, or any of its officers, employees and affiliates as a whole.

The information expressed on this website is subject to change without notice.

Your Use of the Website

You must NOT use the website (or permit or procure others to use it) as follows:

  • for any unlawful, improper or illegal purpose or activity;
  • to communicate or receive information that is obscene, indecent, pornographic, sadistic, cruel, or racist in content, of a sexually explicit or graphic nature, which promotes or incites discrimination, hatred or racism or which might be legally actionable for any reason;
  • in a manner intended to threaten, harass, or intimidate;
  • to violate DWS Australia’s or any third party's copyright, trademark, proprietary or other intellectual property rights;
  • to damage DWS Australia's name or reputation or that of our affiliated companies or any third parties;
  • to impersonate any of our employees or other person or use a false name while using our website or implying an association with us;
  • to penetrate our security measures or other entities' systems ("hacking");
  • to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with or redirect email intended for others using our website;
  • to generate excessive amounts of internet traffic, to interfere with our network or other's use of our website;
  • to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into our website or any other entity's systems;
  • to post or transmit information that is defamatory, fraudulent or deceptive;
  • to transmit confidential or proprietary information, except solely at your own risk; and/or
  • to do any other thing that may interfere with or interrupt the use of the website by any other person or otherwise interfere or interrupt with the operation of our business or the business of any of our related entities.

When using the website, you must comply with all applicable local, national and international laws and regulations, including those related to data privacy, international communications and exportation of technical or personal data. It may be illegal to download the information contained on the website in certain countries and we and our affiliated companies disclaim all responsibility if you download any information from the website in breach of any law or regulation of the country in which you reside.

Your Access

We may, in our absolute discretion, and without any liability or giving any reason to you, terminate, suspend or restrict your access or use of part or all of the website if we consider that you have breached any of the Website Terms or if we otherwise consider it necessary in order for the proper functioning of the website.

Intellectual Property Rights

All copyright and other intellectual property rights subsisting in this website (including all content on this website) is owned by DWS Australia or our affiliates or licensors. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the website (including any content on the website) without the prior written permission of DWS Australia.

Nothing on this website should be construed as granting any licence or right in relation to any of our trademarks or those of our affiliated companies or any third party.

You grant to DWS Australia, a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public all information you provide to us for the reasonable purposes of our business and to permit third parties to do those things for us. You consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in information you provide to us.

You warrant that you have the right to grant the above licence, that our exercise of the licence rights will not infringe the rights (including intellectual property rights) of any person and does not breach any law.

No Warranty

The website, including information and materials contained in the website, text, graphics, software, links and other items are provided "as is" and/or "as available". DWS Australia does not warrant the accuracy, adequacy, completeness, timeliness or availability of the website, and expressly disclaims liability for errors or omissions in the website. To the maximum extent permitted by law, DWS Australia expressly disclaims any implied statutory guarantees and any express or implied warranties of any kind, including any warranties of merchantability, fitness for a particular purpose or non-infringement in conjunction with the website.

Limitation of Liability

To the maximum extent permitted by law, DWS Australia and each of its officers, employees and affiliates, excludes all liability for any damages, including, without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the website or use thereof or the inability by any party to use such website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if DWS Australia, or representatives thereof, are advised of the possibility of such damages, losses or expenses. You release and discharge DWS Australia and each of its officers, employees and affiliates from and against any and all liabilities suffered or incurred by you as a result of your use of this website or any investment decision by any person made in reliance of any information sourced from this website.

Weblinks

Hypertext links to other internet websites or materials prepared by third-parties (’links’) are included as a convenience for our visitors. Certain hypertext links on the website may lead you to websites that are not under the control or charge of DWS Australia.

DWS Australia is not responsible and assumes no liability for the content of any linked websites and materials prepared by third-parties, including, without limitation, the accuracy, subject matter, quality or timeliness of the content of such linked external websites or materials. The fact that such links have been provided does not constitute an endorsement, authorization, sponsorship by or affiliation with DWS Australia with respect to any linked website or material or their sponsor or author. There are risks in using any information, software or product accessed on the Internet and we urge you to make sure you understand these risks before doing so.

Cookies

By entering this website, you acknowledge and agree that DWS may place cookies on the device via which you access the site. These cookies are either to give us anonymised data about your use of the website. This includes details such as the website from which you accessed our website, the duration of your visit and the pages you viewed. Such information, which will not include your name, helps us improve the performance and content of our websites. You can block or delete cookies from your computer - simply refer to the help function of your browser.

Data Privacy

Any personal data which might be collected when visiting this website will be processed in accordance with applicable data protection law. DWS Australia is committed to maintaining the privacy of any personal data it holds about you and does so in accordance with the Australian Privacy Principles contained in the Privacy Act 1988. Please read our Privacy Policy to understand how your personal information will be treated when you use this website.

Law and Variation

This website shall be governed by, and your browsing in and use of this website shall be deemed acceptance of, the laws of New South Wales, Australia.  A condition of using this website is that in the event of any dispute or proceeding you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.

DWS Australia may revise the Website Terms at any time by publishing an updated version on the website. You are expected to check the Website Terms from time to time to take notice of any changes DWS Australia makes, as they are binding on you. If any provision of these Website Terms is deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Website Terms and will not affect the validity and enforceability of the remaining provisions.

Each time you use this website, you will be deemed to accept the then current Website Terms and agree to be bound by them.

CONFIRMATION

* I confirm I have read the Important Information set out above and accept its contents shall be governed by the laws of New South Wales, Australia.

* I confirm that I am a Wholesale Client that is resident in Australia and who is accessing this website from within Australia.

* I confirm that I am not a US Person, a resident of the US, currently located in the US or a person acting on account of a US Person.

* I accept and agree to be bound by the current Website Terms.

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