Terms & Conditions of Use

This website

The information in this website has been prepared and issued by Pella Management Pty Limited ABN 82 650 219 971 (“Pella”). The information relating to the Pella Global Generations Fund has been issued by The Trust Company (RE Services) Limited, ABN 45 003 278 831, AFSL No 235150 ("Perpetual") as responsible entity and the issuer of units in the fund. The investment manager of the Fund is Pella Funds Pty Ltd (ABN 56 650 744 791) (Investment Manager or Pella), a Corporate Authorised Representative (CAR No. 0012889108) of Lanterne Fund Services Pty Ltd (ABN 49 098 472 587, AFSL No 238198). All references to Pella include a reference to any of its related bodies corporate.

Your access to the Website is subject to these terms of use, and any other notices, disclaimers, policies, statements and terms and conditions contained on the Website (referred to collectively as “Terms of Use”).

The Terms of Use constitute a binding legal agreement between you and Pella, and your use of the Website constitutes your acceptance and acknowledgement of, and agreement to be legally bound by, the Terms of Use. If you do not agree to the Terms of Use, you must not use the Website.

Pella may change any information on the Website, including the Terms of Use, without notice. Your continued access to, or use of, the Website means that you agree to and accept the changes made by Pella.

No offer or investment advice

The information on the Website is not an offer or solicitation for the purchase of securities, units or investments.

The information on the Website has been provided for general information purposes and must not be construed as general or specific investment or professional advice. No direct or implicit recommendations, offers or advice are given or made in the information on the Website.

The information on the Website has been prepared without taking into account the investment objectives, financial situation or particular needs of any particular person. Investors should consider obtaining professional investment advice tailored to their specific circumstances and should read the relevant offer document relating to a financial product prior to making any investment decisions.

Accuracy and currency of information

Pella, its officers, employees, agents and associates believe in good faith that the information and material provided on the Website is correct at the time of publication on the Website but do not warrant the accuracy, completeness or currency of that information and material. To the maximum extent permitted by law, Pella excludes all warranties unless expressly stated in these Terms of Use. You should carefully check the date of publication of the information and material (where relevant) to determine its currency.

To the extent permitted by law, Pella, its officers, employees, agents and associates disclaim all responsibility and liability for any loss or damage which you or any person may suffer or incur in connection with your use of the Website, including in connection with your reliance on the information and material on the Website or any opinion, conclusion or recommendation in the information and material whether the loss or damage is caused by any fault or negligence on the part of Pella (including its officers, employees, agents, related body corporate and associates) or otherwise.

Performance and returns

All performance figures provided on the Website are sourced from internal and other sources as Pella deems appropriate. Past performance is not a reliable indicator of future performance. The value of investments and the income from them may fluctuate and are not guaranteed.

Investing

Investments in any product detailed on the Website may only be made in accordance with its applicable Product Disclosure Statement (“PDS”). Investors should consider obtaining professional advice tailored to their specific circumstances and should read the relevant PDS prior to making any investment decisions. Each PDS is available on the Website or can be obtained by contacting Pella.

The PDSs on the Website have been prepared under Australian law. The PDSs do not directly or indirectly amount to an offer in any jurisdiction other than Australia or any other jurisdiction in which an offer may be legally made, as expressly set out in a PDS.

You acknowledge that investments in financial products carry inherent risk and you warrant that you understand the risks associated with access to or use of the Website and any services or financial products which may be referred to or described on the Website.

Temporary restrictions on accepting certain investors

Pella and its directors are operating on the basis that they are currently restricted from accepting business (including investments) from those persons who were customers or clients of Pengana Capital Group’s international equities funds at any time from July 2015 to March 2021 (“Restricted Investors”).

Pella and its directors advise that, if you were a Restricted Investor, we will not presently accept your investment in any of Pella’s funds.

In order to become an investor into Pella’s funds, it is necessary to confirm whether you are or were an investor in Pengana’s international equities funds and, if so, the period in which you have been or were an investor. Pella will rely on the accuracy of your confirmation. By making an investment into Pella’s funds you agree to hold harmless and release and indemnify Pella and its representatives from any loss, liability or damages arising to Pella and its representatives if your confirmation is inaccurate or incomplete (including any loss claimed by Pengana Capital Group or its associates). If you are or were a Restricted Investor, please notify Pella in writing before making a decision to invest.

Intellectual Property rights

Except where otherwise indicated, Pella is the sole owners or licensees of all intellectual property rights comprised in the Website (including all intellectual property comprised in the content on the Website), and nothing in these Terms of Use constitutes a transfer of any intellectual property rights in or related to the Website.

Except where necessary for viewing the information and materials on the Website, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no information and materials on the Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed, stored, published, displayed or transmitted in any form or by any process. You may not create derivative works from any part of the Website or commercialise any information obtained from any part of the Website without the specific written consent of Pella or, in the case of third party materials, from the owner of the intellectual property in that material.

Loss or damage to your systems

Pella will not be liable for any loss or damage from any cause to your system or Website, or to people linking to this material from any other website, caused by or in connection with the use or link to this material. Any such loss or damage will be your responsibility. Pella advises you to take your own precautions in relation to protecting your system or website from malfunction or viruses.

Third party websites and software applications accessible from the website

When you use a link to go from the Website to another website, none of these links comprise or imply support or recommendation of any other company, product or service by Pella. Pella does not control and is not responsible for the information on any other website found through the Website. Linking to and framing of the Website is not permitted without Pella’s express written consent. If you access a third party website or service from the Website on or through any third party website or service, you do so at your own risk and you understand that these Terms of Use do not apply to your use of such sites.

Some of the software programs accessible from the Website may be products belonging to third parties, the use of which is subject to licensing terms of the owner. You use such third party software at your own risk. To the fullest extent permitted by law, Pella excludes all liability for any loss or damage (including, without limitation, loss of data, interruption to business and loss of profits) resulting from viruses or any other consequence of using or downloading any software (third party or otherwise) accessible via the Website. Pella advises you to take your own precautions in relation to protecting your system or website from malfunction or viruses.

Privacy

Pella collects, holds, uses, discloses and protects your personal information in accordance with its Privacy Policy.

Pella uses commercially reasonable physical, managerial, and technical safeguards to preserve the security of your personal information and implement your privacy settings. However, Pella cannot guarantee that unauthorised third parties will never be able to defeat its security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Disclaimer and indemnity

To the maximum extent permitted by law, Pella will not be liable in any way for any loss or damage suffered by you, your system or your organisation, arising from or in connection with your use of or access to the Website, the information contained on the Website or Pella’s failure to provide the Website.

To the maximum extent permitted by applicable law, Pella excludes all warranties unless expressly stated in these Terms of Use. To the extent that any applicable law restricts Pella’s right to exclude warranties under these Terms of Use, these Terms of Use must be read subject to those provisions and nothing in these Terms of Use is intended to alter or restrict the operation of such provisions.

Where a claim is brought against Pella by a third party in relation to your use of the Website, you agree to fully reimburse Pella for all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred directly by Pella or its related body corporate arising from or in connection with your use of the Website.

You agree to release Pella and its officers, employees, agents and associates (together, the “Released Parties”) from all loss, liability, damages, claims, proceedings, costs and expenses arising out of or in any way connected with:

  • access to or use of the Website;

  • any goods, services or products described, referred to or made available in connection with the Website;

  • your breach of these Terms of Use;

  • any matter for which Pella has purported to disclaim liability for under these Terms of Use;

  • your use, misuse, or abuse of the Website; and

  • your breach or failure to observe any applicable law,

(together, the “Released Matters”). 

You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You agree to indemnify and hold harmless the Released Parties from all loss, liability, damages, claims, proceedings, costs and expenses arising out of or in any way connected with any Released Matter.

Limitation of liability

Pella’s liability arising in connection with the access to or use of any part of the Website or any goods, services or products described, referred to or made available in connection with the Website is limited as follows:

  • Pella excludes all liability for consequential, special, indirect or remote loss, including loss of opportunity or business;

  • Pella’s total maximum liability arising in connection with the Terms of Use or the Website is capped at the total amount of any fees or commissions or margins received by Pella from you in relation to the particular matter;

  • Pella’s liability is excluded to the extent that you contributed to the liability;

  • Pella’s liability is excluded for anything you have been aware of for longer than six months and you have not commenced formal legal proceedings; and

  • Pella’s liability is subject to you taking reasonable action (or not acting unreasonably) to mitigate your loss.

 

Pella provides the Website on an “as is” and on an “as available” basis without any warranties as to continuous, uninterrupted or secure access to the Website, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have disruption or other difficulties in using the Website.

Pella is not responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond its control.

Pella may permanently or temporarily terminate or suspend your access to the Website without notice and liability for any reason, including if in its sole determination you violate any provision of these Terms of Use, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Use.

Dislaimer from Responsible Entity

The information in this website has been prepared and issued by Pella Management Pty Limited ABN 82 650 219 971 (“Pella”). The information relating to the Pella Global Generations Fund has been issued by The Trust Company (RE Services) Limited, ABN 45 003 278 831, AFSL No 235150 ("Perpetual") as responsible entity and the issuer of units in the fund. It is general information only and is not intended to provide you with financial advice, and has been prepared without taking into account your objectives, financial situation or needs. You should consider the product disclosure statement (PDS), prior to making any investment decisions. The PDS and target market determination (TMD) can be obtained on our website (www.pella.com/forms). 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. 

Important Information from MSCI

The MSCI ACWI Indices are a product of MSCI Inc. and/or its affiliates (“MSCI”). Redistribution, reproduction and/or photocopying in whole or in part are prohibited without written permission of MSCI.