Terms and Conditions

Important Information

This document was prepared by Colonial Nominees Pty Ltd (ACN 119 156 973) trading as Kingfisher Capital Partners (as trustee of the Excelsior Discretionary Trust) (Kingfisher). Kingfisher holds an Australian Financial Services Licence (no. 420237). 

Access for persons within Australia only

The information on this website is directed and available to residents in Australia only, and may not be used for the purpose of, an offer or solicitation in any jurisdiction other than the Commonwealth of Australia or in circumstances in which such offer or solicitation is not authorised. No person in any jurisdiction other than the Commonwealth of Australia may treat it as constituting an invitation to them to apply for products or services described on this website.

General advice only

This document contains general information only and does not take into account your individual objectives, taxation position, financial situation or needs. You should assess whether the information is appropriate for you and consider seeking advice specific to your needs from Kingfisher or your tax, legal or other professional adviser, before making an investment decision. 

Disclaimer and limitation of liability

Any advice or proposal we provide is prepared exclusively for the use of the person to whom it is addressed and should not be used or relied upon by any other person.  Neither Kingfisher nor its representatives accept any liability whatsoever to third parties.

Any recommendations in this document are based on current information and should only be considered current for 30 days from the date of the document.  After that time you should not act on any recommendation without further reference to us. 

All products we recommend have been selected following research.  That may not apply to products selected at your discretion. If you select products other than those we have researched we may be unable to obtain appropriate information or provide appropriate advice on them. 

To the maximum extent permitted by law, Kingfisher and its representatives are not liable for the accuracy or completeness of this document or for loss suffered from relying on any information in it. 

Investment Performance

Kingfisher does not guarantee the performance of recommended investments. All investments have associated risks, including the risk that investors may lose the capital invested. Investment performance can go up and down. Past returns are not a reliable indicator of future returns. Future returns may be affected by a range of factors including economic and market influences.  

Benefits and Interests

Kingfisher receives commission from dealing in securities using Pershing Securities Australia Pty Ltd, and may pay bonuses to its representatives. Kingfisher or its representatives may hold securities that advice relates to.

Tax adviser

Kingfisher is a registered tax (financial) adviser. It is not a tax agent. In the course of giving advice on financial products, Kingfisher may ascertain or advise you on related liabilities, obligations or entitlements under tax law. You should seek advice from a registered tax agent or other professional adviser on other tax matters.

Copyright and trademarks

Kingfisher is either the owner or may be licensed user of the copyright in the material on this site. Except where necessary for viewing the information on this website on your browser, or as permitted under the Copyright Act 1968 (Cth), no part of this material on this website may be reproduced in any manner, and no further dissemination of it is permitted without the express written permission of Kingfisher.

The Kingfisher Logo and “Kingfisher Capital Partners” are registered trademarks of Colonial Nominees Proprietary Limited A.C.N 119156973[Excelsior Discretionary Trust].

Privacy Policy

Colonial Nominees Proprietary Limited A.C.N 119156973[Excelsior Discretionary Trust] trading as Kingfisher Capital Partners, Australian Financial Services Licence No. 420237, or its related bodies corporate or associates (collectively referred to as “Kingfisher”, or “we”, “our” or “us”) recognises that maintaining the privacy of your personal information is important and is committed to protecting any personal information which it holds.

This policy is to be read in conjunction with the Terms and Conditions and any other terms and conditions applicable to the use of this site.

By using this site, you agree to the terms of this Privacy Policy and to the collection, use and disclosure of your personal information as set out in this Privacy Policy.

We reserve the right to modify or add or remove portions of this Privacy Policy at any time by updating this Privacy Policy on this site and you should periodically refer to it on this page.

The information we collect

Whenever it is reasonable and practicable to do so, we only collect information about you directly from you.

We only collect personal information about you which is reasonably necessary to:

- provide you quality products or services
- consider applications and approaches you make to us
- maintain your contact details.

We generally hold personal information relating to:

- the products and services we provide or have provided to you
- your financial interests and sometimes your financial position
- your contact details.

We will protect your personal information from being dealt with in any way that is inconsistent with this Privacy Policy and applicable privacy laws in Australia.

Use and Disclosure of Personal Information

We only use and disclose personal information about you for the purpose for which it was disclosed to us or related purposes which would be reasonably expected without your permission.

For example, we may from time to time use your personal information to inform you of investment opportunities or to provide information about products and services which we expect may be of interest to you. However, we do respect your right to ask us not to do this.

We may share personal information with related bodies corporate or associates of Kingfisher (which, together with Kingfisher, are referred to as the 'Kingfisher Group'), and may disclose personal information outside the Kingfisher Group:

- to service providers in, or outside of, Australia who provide services in connection with products and services of the Kingfisher Group
- to your nominated accountant, solicitor or other party with your permission
- to courts, tribunals and regulatory authorities
- as authorised or required by law.

We do not sell your personal information and do not, without your consent, pass it on to third parties other than when specifically noted above.

Sensitive information

We do not generally collect sensitive information, unless required by applicable laws or rules.

Sensitive information includes a person's racial or ethnic origin, membership of political bodies, religions or trade unions, sexual preferences or activities, criminal record, state of health and medical history.

We will only use and disclose sensitive information for the purposes for which it was provided, unless you agree otherwise or the use or disclosure of this information is allowed by law. Documents asking for sensitive information will explain this.

Security

We have appropriate security measures in place to protect against the loss, misuse or alteration of your personal information. Access to and use of personal information within Kingfisher is appropriately limited to prevent misuse or unlawful disclosure of the information.

In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.

We take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed.

Access to your Personal Information

We will provide you with access to the information that we hold about you, if you so request. The Commonwealth Privacy Act does set out exceptions to this.

We may charge a fee for providing you with your personal information. However, we will advise of the likely cost in advance.

How do we keep personal information accurate and up-to-date?

We will endeavour to take all reasonable steps to keep any information that we hold about you accurate and up to date. We realise that this information changes frequently with changes of address and other personal circumstances. We can generally update your customer information over the telephone.

If, at any time, you discover that information held about you is incorrect or if you otherwise wish to review or correct that information, please contact us.

Cookies

We may use session specific cookies or web bugs to obtain non-personal information regarding your use of this website including IP address and session number. This data will be collected primarily for the purposes of administering or compiling demographic information, and of monitoring usage and performance of this site. We may also use such cookies to facilitate your movement within this website (for example by remembering passwords during the session and recording any country of residency selection you may have made).

Further information

For more information about privacy issues in Australia and protecting your privacy, visit the Office of the Australian Information Commissioner website at www.privacy.gov.au.

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