Legal

Terms of Service

1. 1. Acceptance of Terms. By accessing or using our website and services, you confirm that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must refrain from using our website and services. Eastern River Pty Ltd reserves the right to amend these Terms at any time, with changes becoming effective immediately upon publication. Continued use of our services will constitute your acceptance of any updated Terms.
   2. Definitions.
      • "Eastern River Pty Ltd," "We," "Us," and "Our" refer to Eastern River Pty Ltd, including its affiliates and subsidiaries.
      • "You" and "Your" refer to the individual or entity accessing our website or utilising our services.
      • "Services" refers to all financial services offered by Eastern River Pty Ltd, including investment management, advisory, and specialist fixed income services.
   3. Use of Services. By using our services, you warrant that:
      • You will provide complete and accurate information when registering or engaging with us.
      • You will safeguard your account credentials and restrict unauthorised access.
      • You will promptly notify us if you become aware of any unauthorised access or security incident.
      We reserve the right to suspend or terminate your access where we suspect any breach of these Terms or misuse of our services.
   4. Investment Risk Warning. Investment involves inherent risks, including the possibility of capital loss. Eastern River Pty Ltd does not guarantee investment outcomes or returns. Past performance is not indicative of future results. Our recommendations are prepared in accordance with ASIC regulations, but are subject to market volatility and external factors beyond our control.
   5. No Legal, Tax or Accounting Advice. We provide financial services based on your investment objectives but do not offer legal, tax, or accounting advice. You should seek independent professional advice before acting upon any recommendations provided by us.
   6. Fees and Charges. All fees and charges for our services will be fully disclosed before any services are undertaken. You agree to pay all applicable fees as detailed in your service agreement. Eastern River Pty Ltd reserves the right to amend fee structures with reasonable notice to you.
   7. Intellectual Property. All intellectual property, including content, trademarks, logos, and materials provided by Eastern River Pty Ltd, are protected under applicable laws. No part of our materials may be copied, reproduced, or exploited without our prior written consent.
   8. Limitation of Liability. To the maximum extent permitted by law, Eastern River Pty Ltd and its affiliates shall not be liable for any loss or damage arising out of or in connection with your use of our services or website, including but not limited to loss of profits, business interruption, or data loss. We take reasonable security measures but cannot guarantee absolute protection against unauthorised access or cyber incidents.
   9. Indemnity. You agree to indemnify and hold harmless Eastern River Pty Ltd, its affiliates, officers, and employees from any claims, losses, damages, liabilities, costs or expenses arising from your breach of these Terms, your misuse of the services, or infringement of third-party rights.
   10. Termination of Services. We reserve the right to terminate or suspend your access to our services immediately and without notice where we reasonably suspect breach of these Terms or unlawful activity. You may discontinue use of our services at any time by notifying us directly. Outstanding obligations, including payment of any fees, shall survive termination.
   11. Governing Law. These Terms are governed by the laws of the Australian Capital Territory and the Commonwealth of Australia. Any disputes shall be resolved exclusively in the courts of the Australian Capital Territory.
   12. Privacy Policy. Your use of our services is subject to our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). By using our services, you agree to the collection, use, and management of your information as described therein.
   13. Updates to These Terms. We may amend these Terms at any time. Updates will be posted on our website and it remains your responsibility to review them. Continued use of our services signifies acceptance of any revised Terms.
   14. Contact Information. Should you have any queries regarding these Terms, please contact us:
       • Registered Office: Level 8/121 Marcus Clarke Street, Canberra ACT 2600, Australia
       • Head Office: Level 21, 25 Grenfell Street, Adelaide, South Australia, SA 5000, Australia
       • Phone: (08) 8472 9404
       • Email: [email protected]

Last Updated: 21 January 2024

Privacy Policy

Eastern River Pty Ltd places utmost importance on protecting your privacy and securing your personal information. This Privacy Policy explains how we collect, use, disclose, and protect your data when you access our services or website. By using our services, you consent to the practices described in this Policy.

Information We Collect

We collect personal information in several ways, including:

• Direct Information. This includes details you provide, such as your name, address, telephone number, email, date of birth, financial details, and KYC documents (e.g., passport, driving licence, utility bills) when registering or communicating with us.
• Automatically Collected Data. When you visit our website, we automatically collect technical information including IP address, browser type, and usage patterns to enhance our services.
• Third-Party Sources. We may receive additional information about you from financial institutions, public databases, or partners to assist with identity verification and compliance obligations.

How We Use Your Information

• Provision of Services. To deliver investment management and related services as requested by you.
• Client Support. To respond to enquiries and provide customer support services.
• Regulatory Compliance. To satisfy obligations under AML, KYC, and other regulatory requirements.
• Marketing Communication. With your permission, to send you promotional materials about our services. You may opt out at any time.
• Website Optimisation. To analyse website use and improve user experience.

Sharing Your Data

• Authorised Service Providers. Third parties who support our business operations under strict confidentiality agreements.
• Compliance with Laws. Where disclosure is required by law, regulation, or court order.
• Business Changes. In the event of mergers, acquisitions, or sales, personal information may be part of transferred assets, subject to the same protections.

Data Security

We employ stringent security measures, including encryption, secure servers, and access controls, to safeguard your personal information. While we strive to protect your data, no transmission or storage system can be guaranteed 100% secure.

Data Storage and Retention

Your information is securely stored in Australian-based data centres, complying with all Australian privacy laws and ISO standards. We retain personal information only for as long as necessary for service provision, regulatory compliance, or legal purposes. When data is no longer required, it is securely destroyed or anonymised.

Your Rights

• Access. Request a copy of your personal data held by us.
• Correction. Request correction of any inaccurate or incomplete information.
• Erasure. Request deletion of your personal data, subject to legal requirements.
• Portability. Request your data in a structured, commonly used format.
• Opt-Out. Withdraw consent for marketing communications at any time.

To exercise any of these rights, please contact us via the details below.

Changes to This Privacy Policy

We may revise this Privacy Policy periodically. Changes will be posted on our website, and the "Last Updated" date will be amended accordingly. We recommend reviewing this Policy regularly.

Contact Details

• Registered Office: Level 8/121 Marcus Clarke Street, Canberra ACT 2600, Australia
• Head Office: Level 21, 25 Grenfell Street, Adelaide, South Australia, SA 5000, Australia
• Phone: (08) 8472 9404
• Email: [email protected]

We are committed to protecting your privacy and ensuring your personal information is treated with the highest level of care and diligence.