Financial Services Guide
This FSG is provided to give you key information about the types of financial services we may provide to you.
At Koda Capital we respect your privacy.
We collect information about you to allow us to provide our services to you as efficiently as possible and because we are required or authorised by law to collect some information. An example of this is the information required to verify your identity under the terms of the Commonwealth Anti-Money Laundering law.
The type of information we collect includes:
• information that allows us to establish your identity, such as your name, postal or email address, telephone numbers and date of birth; and
• financial information, such as your tax file number.
We may receive information from you that we did not ask for. If this happens we will check whether that information is reasonably necessary for us to provide our services to you. If it is we will treat the information the same way that we treat information we have sought from you; i.e. it will only be used to allow us to provide our services to you as efficiently as possible. If the information does not fall into this category we will destroy it.
Terms & Conditions
By accessing and/or utilising any information, products or services available at or through this website, you agree to be bound by the terms and conditions detailed below.
In this agreement, unless the context otherwise requires:
'Content' means the information made available to you through the Site;
'Koda' means Koda Capital Pty Ltd ABN 65 166491961 AFSL No. 452581 of Level 9, 20 Bond Street SYDNEY NSW and includes its officers and related bodies corporate.
'Site' means the online information service located at www.kodacapital.com which Koda has developed (or had compiled for it) and of which Koda is the proprietor.
'You' refers to those person(s) who wish to access the service subject to and on the terms and conditions of this agreement.
2. Application and variation of these terms
2.1 Your use of the Site (and all applications contained on it) is to be in accordance with these terms and conditions and your use of the Site signifies your acceptance of these terms and conditions.
2.2 Koda may at any time, at its sole discretion, amend, vary or modify these terms and conditions.
2.3 Koda may give notice on the Site of any modification to the terms and conditions but it is your responsibility to check for any such modification each time you use the Site.
2.4 Modifications to the terms and conditions will be effective immediately and any subsequent use by you of the Site will constitute an acceptance of the modifications.
3. Your acknowledgements
3.1 You acknowledge that:
1. Koda holds an Australian Financial Services Licence. The information on the Site is directed to residents of Australia and New Zealand only, and unless expressly stated otherwise, is not an offer or solicitation for the purchase of securities;
2. While Koda provides the information on the Site in good faith, it accepts no responsibility for the accuracy, completeness, reliability or timeliness of the information;
3. There are inherent hazards in electronic distribution and as such there may be delays, omissions or inaccuracy in content;
4. You should not act or fail to act on the basis of any information or materials on the Site, and furthermore, you accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the Site or any other website on the internet accessed via this Site or otherwise (Related Site);
5. You acknowledge the Content contains general securities advice only which is not intended for any particular person. You also acknowledge that in preparing the Content, neither Koda nor its Content providers have taken into account any particular client's investment objectives, financial situation or particular needs. Accordingly, before acting on any advice contained in the Content, you should contact your Koda adviser to consider whether the advice is appropriate in light of your particular investment needs; and
6. You must install, maintain and use adequate anti-virus and security software to protect yourself from data loss/corruption and system damage. Koda does not represent or warrant that any files obtained from or through the Site or any Related Site are free from computer viruses or other defects. Any such files are provided, and may only be used, on the basis that the user assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files. The liability of Koda and its suppliers and Content providers such an event is limited to the resupply of those files.
4. Provision of service
4.1 Koda may without notice suspend the Site or disconnect or deny you access to any part of (or any application available through) the Site:
1. During any technical failure, modification or maintenance involving the Site provided that Koda will use reasonable endeavours to procure the resumption of the Site as soon as reasonably practicable;
2. If you fail to comply with any agreement with Koda; or
3. If you do, or allow to be done, anything which in Koda's opinion may have the effect of jeopardising the operation of the Site.
4.2 Koda may make improvements and/or changes to the Site or Contents at any time without notice.
5. Access to the service
5.1 You are responsible for maintaining the secrecy and confidentiality of all identification and login information required for you to access the Site, including all additional passwords, identification and login information which may be provided by Koda from time to time to enable you to use any specific Service. You agree to notify Koda immediately if any of this information has been or is suspected to have been compromised by loss, theft, manipulation or any other means.
5.2 You agree not to disclose to any other person, corporation, entity or organisation any identification or login information, whether in use or not, relating to the Site.
5.3 You are liable for all charges resulting from the use of the Site accessed through your identification or login information whether authorised by you or not. Disclosure or loss of identification or login information that results in the incurring of fees or misuse of the Site is your responsibility and any such occurrences should be immediately communicated to Koda.
6. Use of the service
6.1 You agree to comply with all directions pertaining to the access and use of the Site granted to you by Koda.
6.2 You agree that in accessing and using the Site, you will only use software that you are legally entitled to use and such use will not infringe any third party's intellectual property rights.
6.3 You agree that the Site is provided by Koda to you for your personal use unless Koda expressly agrees otherwise. You shall not sell, lease, furnish or otherwise permit or provide access to the Site to any other person and shall not reproduce, retransmit, redistribute, disseminate, sell, publish, broadcast or circulate any Content to any other person. You may download or copy reasonable amounts of Content for personal use but unless Koda expressly agrees otherwise shall not copy, save, or archive significant portions of the Content without the prior written consent of Koda.
6.4 You acknowledge and agree that all and any intellectual property rights (including without limitation copyright, trademark rights and patent rights) in the Content remain the property of Koda or its suppliers as the case may be.
6.5 Nothing contained in the Site is to be construed as granting any licence or right of use of any trademark displayed on the Site without the express written permission of the relevant owner.
6.6 You shall not, in any event, modify Content or create any derivative works without the prior written consent of Koda.
7. Disclaimer of liability
7.1 The materials on the Site have been prepared for general information purposes only. Koda, and its respective directors, officers and agents:
1. Exclude, to the maximum extent permitted by law, all express or implied warranties of any kind (including warranties as to merchantability, non-infringement of intellectual property or fitness for a particular purpose) in relation to any information or materials on the Site or any Related Site;
2. Are under no obligation to update any information or materials on the Site, or correct any inaccuracy on the Site which may become apparent at a later time;
3. Do not warrant the accuracy of any Content and save for any liability which cannot be excluded and any rights which a person may have under the Competition and Consumer Act 2010 (Cth) and/or the Australian Securities and Investments Commission Act 2001; and
4. Disclaim all responsibility for any loss or damage which may be suffered by any person directly or indirectly through any person's dealings with them or by use of the Site whether that loss or damage is caused by any fault or negligence on the part of Koda or its respective directors, officers, employees and agents.
7.2 The Site may contain, or be linked to, advice, statements and opinions of third parties, information providers or content providers. Koda does not warrant the accuracy, timeliness, reliability or completeness of any advice, statements and opinions contained in the Content or on any Relates Site. Reliance on any such advice, statements and opinions is at your own risk.
8. Liability and indemnity
8.1 Except in relation to liability for personal injury, none of Koda shall be liable to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of use of the Site by you or in respect of a failure or omission, whether arising from negligence or otherwise, on the part of Koda to comply with obligations under this agreement.
8.2 You agree to fully indemnify and hold Koda harmless against all and any loss, costs, expenses, demands or liability (including legal costs on a full indemnity basis), expenses, demands, actions, proceedings and liabilities, whether direct or indirect, reasonably incurred or suffered by Koda as a result of a breach by you of your obligations under this agreement or any wilful, unlawful or negligent act or omission by you.
9.1 Without prejudice to any other rights Koda may have under this Agreement or at law or in equity, Koda may terminate this Agreement at any time.
You cannot assign your rights under this agreement without the prior written consent of Koda.
11. Governing law
The laws of the Commonwealth of Australia govern this Agreement and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of the State of NSW, in the Commonwealth of Australia.
12. Schedule charges
From time to time a charge may be levied for access to certain password-protected services. Charges will be notified to you when you apply for such services.
13. Third Party Suppliers
13.1 The information provided by third party data suppliers has not been verified by Koda. Koda does not make any representation or warranty as to the timeliness, reliability, accuracy or completeness of the material, nor does it accept any responsibility arising in any way for errors in, or omissions from that material.
Any views expressed on this website or contained in other materials provided or distributed by Koda Capital Pty Ltd have been prepared (unless otherwise explicitly expressed) without taking into account your personal objectives, financial situation, or needs. Before acting on any advice found on this website, or expressed within material provided by Koda Capital Pty Ltd, Koda Capital Pty Ltd recommends that you consider whether the advice is appropriate for your circumstances.
This website and other Koda Capital materials may contain references to financial product(s). Koda Capital Pty Ltd recommends you consider the Product Disclosure Statement (PDS) or other disclosure documents for the products(s) before making any decisions regarding acquiring the products or otherwise.