Site Terms of Use

 

Ownership

This site is operated by Swell Asset Management (ABN 16 168 141 204), Corporate authorised representative (CAR number 465285) of Hughes Funds Management Pty Ltd (ABN 42 167 950 236, AFSL 460572) (“Swell”, “us, “we”, “our”). Your access to this site is subject to the terms of use set out here and any other notices, disclaimers, statements or other terms of use contained on this site. These terms of use must be read in conjunction with Swell’s Privacy 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. These terms of use and any other terms that appear on the page from which you were directed to these terms of use govern your use of this site.

By accessing the site, you agree to be legally bound by the current terms of use. We may change the content on this site without notice including these terms of use from time to time. We may add or remove features on the site at any time at our sole discretion. Your continued access to, or use of, the site means you agree to and accept these changes.

If you do not agree to be bound by these terms of use, do not use the site.

Information and accuracy

The information on this site is provided by Swell in good faith and is believed to be accurate. Neither Swell nor any other related or affiliated entities nor any of their respective directors or officers makes any representation or warranty as to the accuracy, reliability, timeliness or completeness of the information on this site or on sites linked to this site. Information on the site may have been obtained from third party sources and although we believe these sources to be reliable, the accuracy and currency of the information cannot be assured. Third party information may be subject to change from time to time.

This site’s purpose is to provide general information only. It should not be construed as a recommendation to invest in a financial product offered by Swell or any of its related or affiliated entities. The site 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 product offered by Swell is appropriate having regard to their particular investment needs, objectives and financial circumstances before investing.

All information published, distributed or otherwise made available on the site is provided for informational purposes, for non-commercial, personal use only. No information or material published on the site constitutes a solicitation, an offer, or a recommendation to buy or sell an investment, effect a transaction, or conclude a legal act of any kind.

The information on this site is only intended for Australian residents and should not be relied upon by residents of any other jurisdiction. Access to this site may be restricted by law in some jurisdictions. The site does not constitute an offer in the United States of America or to US persons. No statement or information in this website constitutes an offer or invitation to any person to whom it would not be lawful to make such offer or invitation.

Performance and forward looking statements

Performance reported on the site is historical. The future performance of an investment cannot be deduced from past performance, and the value of an investment may fall as well as rise. An investment may also lose value due to changes in rates of foreign exchange. Swell cannot guarantee that capital invested will maintain or increase in value.

The site may contain statements that constitute “forward looking statements”. While these forward looking statements may represent our judgment and future expectations, a number of risks, uncertainties and other important factors could cause actual developments and results to differ materially from our expectations. We are not obliged to (and expressly disclaim any such obligation to) update or alter forward looking statements whether as a result of new information, future events, or otherwise.

Liability

To the extent permissible by law, Swell, its directors and employees disclaim all liability (whether arising in contract, tort, negligence or otherwise) for any error, omission, loss or damage (whether direct, indirect, consequential or otherwise) suffered by a recipient of the information on the site or by another person. This includes any incidental, special, punitive or consequential damages howsoever caused arising from use of the site, its content or content linked in the site, or the inability to use the site.

Use of the site is at the user’s own risk and the user is solely responsible for maintaining electronic devices and software that enable access to and use of the site and for taking adequate and appropriate data security measures in accordance with good industry practice to protect themselves against fraud or cyber-attacks.

Swell makes no representations or warranties of any kind regarding the contents of the site. Information or content accessed, downloaded or otherwise obtained from the site is effected at your own risk and Swell is not responsible for any damage to your device or computer systems or loss of data that may result from the download of such material. Without limiting the foregoing, Swell does not warrant the accuracy, completeness, timeliness, reliability, security or availability of the site or that the site is free from viruses or errors.

Indemnity

You indemnify Swell, its directors, employees and related parties 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 of use.

Copyright and trademarks

Copyright, trademarks and similar rights on this site and the information contained in it are owned by Swell, its licensors and third party content providers. You may use the information on this site and reproduce it for personal reference only. The information may not otherwise be reproduced or distributed without the prior written permission from Swell. A copy of materials from the site must retain copyright or other proprietary notices and disclaimers contained therein.

Privacy

We use technologies and process personal information such as IP addresses to analyse traffic to the site, personalise advertisements and content based on your interests, measure the performance of our advertisements and content. For more information please refer to our Privacy Policy

Links to third party sites

The site may contain third party content or links to third party sites. These links are provided only for convenience and information and may not remain current. Swell has no control over, does not assume any responsibility for and does not make any warranties or representations as to any third party content or linked sites, including but not limited to, the accuracy, subject matter, quality or relevance. Swell shall have no liability for third party content or sites or sites linking to this site.

Internet security

Unfortunately, no data transmission over the internet can be guaranteed to be totally secure. Email messages are neither confidential nor secure and may be accessed by third parties. While we strive to protect personal 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.

MSCI Disclaimer

The MSCI information may not be reproduced or re-disseminated in any form and may not be used as a basis for or a component of any financial instruments or products or indices. None of the MSCI information is intended to constitute investment advice or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such. Historical data and analysis should no t be taken as an indication or guarantee of any future performance analysis, forecast or prediction. The MSCI information is provided on an “as is” basis and the user of this information assumes the entire risk of any use made of this information. MSCI, each of its affiliates and each other person involved in or related to compiling, computing or creating any MSCI information (collectively, the “MSCI Parties”) expressly disclaims all warranties (including, without limitation, any warranties of originality, accuracy, completeness, timeliness, non-infringement, merchantability and fitness for a particular purpose) with respect to this information. Without limiting any of the foregoing, in no event shall any MSCI Party have any liability for any direct, indirect, special, incidental, punitive, consequential (including, without limitation, lost profits) or any other damages. (www.msci.com).

Swell Global Fund

The Product Disclosure Statement and Reference Guide for the Swell Global Fund dated 23 August 2021 is issued by The Trust Company (RE Services) Limited ABN 45 003 278 831 AFSL 235150, as responsible entity and the issuer of units in the Swell Global Fund ARSN 649 827 921 APIR PIM3899AU, ISIN AU60PIM38995. It is general information only and is not intended to provide financial advice. It has been prepared without taking into account individual objectives, financial situation or needs. You should consider the product disclosure statement available here prior to making any investment decisions. If you require financial advice that takes into account your personal objectives, financial situation or needs, you should consult your licensed or authorised financial adviser. To the extent permitted by law, no liability is accepted for any loss or damage as a result of any reliance on this information.

No company in the Perpetual Group (Perpetual Limited ABN 86 000 431 827 and its subsidiaries) guarantees the performance of any fund or the return of an investor’s capital.

Total returns shown for the Swell Global Fund have been calculated using exit prices after taking in to account all of Perpetual’s ongoing fees and assuming reinvestment of distributions. No allowance has been made for taxation. Past performance is not indicative of future performance.

Governing law

These terms of use are governed by laws applicable in the State of Queensland, Australia. By accessing this site you agree to the non-exclusive jurisdiction of the courts of that State and any courts which may hear appeals from those courts, in respect of any proceedings in connection with these terms of use or this site.

If any of these terms of use is held to be invalid, unenforceable or illegal for any reason, the remaining terms of use shall remain in full force. Although we may waive a right available to us under these terms of use on one occasion, this does not means that that right will automatically be waived on another occasion.