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Welcome! Please carefully read the following Terms and Conditions of Use ("Terms of Use") before using this website (“Site”) and any mobile applications ("Applications"). The Application and the Site are owned and operated by The Vanguard Group, Inc., and all of its subsidiaries and affiliates, including Vanguard Brokerage Services and Vanguard Marketing Corporation (collectively, "Vanguard").The Site and Application are made available in Australia and unless otherwise stated, the content, products and services offered on the Site and Application site are made by Vanguard Investments Australia Ltd ABN 72 072 881 086 or Vanguard Super Pty Ltd ABN 73 643 614 386, as relevant.  By using this Site or downloading, installing and/or using the Application, you agree to follow and be bound by these Terms of Use, which govern your use of the Site and downloading, installation and/or use of the Application. Nothing contained in these Terms of Use is intended to modify or amend any other written agreement, if any, that may currently be in effect between you and Vanguard with regard to matters other than your use of the Site or the Application.

Any access to and use of the Vanguard Online portal through the Site or Application will be governed by the Vanguard Online Terms and Conditions of Use.  In the event of any inconsistency between these Terms of Use and the Vanguard Online Terms and Conditions of Use, the Vanguard Online Terms and Conditions of Use will take precedence to the extent of the inconsistency, and only insofar as the inconsistency relates specifically to use of Vanguard Online through the Site or Application.

Vanguard may periodically modify these Terms of Use, and any such modifications will be effective immediately upon posting. If you do not agree to these Terms of Use, do not use the Site or download, install, or use the mobile application.  The most up-to-date version of these Terms of Use will also be available on our website.  We will endeavour to notify you of the new Terms of Use at the next time you log into the Application.

Vanguard may modify, suspend, discontinue or restrict the download, installation, use, and availability of any portion of the Application at any time, without notice or liability. Your download, installation and use of this Application may be monitored by Vanguard and used for Vanguard’s internal business purposes, without liability.

Contents:

  • Limited License and Restrictions on Use
  • Linking Conditions
  • User Content and License Grant
  • Your Account
  • Data, Information, and Content
  • Copyright Policy, Notice, and Claim Information
  • Trademarks and Patents
  • International Use
  • Third Party Content
  • Timeliness of Content
  • Termination
  • Warranty Disclaimers
  • Liability and Indemnity
  • Integration and Severability
  • Applicable Law and Venue
 
Limited License and Restrictions on Use

Vanguard grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within the Site solely for your personal, informational, and noncommercial use or as expressly authorized by Vanguard in writing.

In regards to the Application, Vanguard grants you a limited, revocable, nonexclusive, nontransferable license to download, install, and use the Application on a single, authorized computing device solely for your personal, informational, and noncommercial use.

Notwithstanding the foregoing, financial advisers, trust professionals, registered investment advisers, broker-dealers, nominees and other institutional trading partners (collectively, "Intermediaries") may use the data and information provided on theSite or Application for certain commercial uses with Vanguard's prior approval or as otherwise permitted on the Site or Application, provided that such Intermediaries comply with all other terms and conditions as set forth in these Terms of Use.

You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access the Site or Application. Vanguard reserves all rights not expressly granted in these Terms of Use. Except as otherwise stated in these Terms of Use or as expressly authorized by Vanguard in writing, you may not (or enable others to):

  • Modify, copy, screen capture, distribute, forward, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, RSS and podcast feeds, products, services, or other materials on, generated by or obtained from the Site or Application, whether through links or otherwise (collectively, "Materials").
  • Redeliver any page, text, image, or Materials on the Site using "framing" or other technology.
  • Reverse engineer, decompile, disassemble, reduce the Site or Application to any human perceivable form, or otherwise attempt to derive the source code, underlying ideas or algorithms of the Site or Application.
  • Engage in any conduct that could damage, disable, or overburden (i) the Site or Application, (ii) any Materials or services provided through the Site or Application, or (iii) any systems, networks, servers, or accounts related to the Site or Application, including without limitation, using devices or software that provide repeated automated access to the Site or Application, other than those made generally available by Vanguard.
  • Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to the Site or Application or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with the Site or Application through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to the Site or Application.
  • Modify, copy, obscure, remove, or display Vanguard's name, logo, trademarks, text, notices, or images without Vanguard's express written permissionInclude the term "Vanguard," or any Vanguard trademark or executive's name, or any variation of the foregoing, as a meta-tag, hidden textual element or any other indicator that creates an impression of affiliation, sponsorship, or endorsement by Vanguard.

Vanguard may, but is not obligated to, automatically check the version of the Application installed on the applicable authorized computing device and, if necessary, provide updates for the Application ("Updates"). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins, and new versions of the Application. By downloading and installing the Application, you authorize the automatic download and installation of Updates and, if those Updates need to be downloaded and installed manually, you agree to do so.

 

Linking Conditions

You may not link to the Site unless you comply with these linking conditions ("Linking Conditions"). Vanguard grants you a limited, revocable, nonexclusive right to create a hyperlink to the Site ("Link"), provided you comply at all times with the following conditions:

  • The Link must resolve to Vanguard's portal page at www.vanguard.com.au, unaltered in any way.
  • The text of the Link must read either "Vanguard," "Vanguard Investments Australia" “Vanguard Super” (whichever relevant), or "www.vanguard.com.au." You may not use any Vanguard logo or graphic, or any other Vanguard trademark, as part of the Link without Vanguard's express written permission.
  • The Link and surrounding context on the linking site must not (a) falsely represent or misrepresent any relationship between the linking site and Vanguard, including suggestions of affiliation, endorsement, or sponsorship; (b) portray Vanguard or its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner; or (c) deliver the Materials in a framed environment or alter the layout, content, look, or feel of the Site.

If you have created a Link that conforms to these Linking Conditions, then you also may include one or more Links to any internal or subsidiary page of the Site that is located one or several levels down from the homepages (known as "deep links"); provided, however, that all such deep links must be in close physical proximity to the Link that conforms to the Linking Conditions. You may not maintain numerous or pervasive Links to the Site.

 
Linking Conditions

You may not link to the Site unless you comply with these linking conditions ("Linking Conditions"). Vanguard grants you a limited, revocable, nonexclusive right to create a hyperlink to the Site ("Link"), provided you comply at all times with the following conditions:

  • The Link must resolve to Vanguard's portal page at www.vanguard.com.au, unaltered in any way.
  • The text of the Link must read either "Vanguard," "Vanguard Investments Australia" “Vanguard Super” (whichever relevant), or "www.vanguard.com.au." You may not use any Vanguard logo or graphic, or any other Vanguard trademark, as part of the Link without Vanguard's express written permission.
  • The Link and surrounding context on the linking site must not (a) falsely represent or misrepresent any relationship between the linking site and Vanguard, including suggestions of affiliation, endorsement, or sponsorship; (b) portray Vanguard or its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner; or (c) deliver the Materials in a framed environment or alter the layout, content, look, or feel of the Site.

If you have created a Link that conforms to these Linking Conditions, then you also may include one or more Links to any internal or subsidiary page of the Site that is located one or several levels down from the homepages (known as "deep links"); provided, however, that all such deep links must be in close physical proximity to the Link that conforms to the Linking Conditions. You may not maintain numerous or pervasive Links to the Site.

 
User Content and License Grant

You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents and any other materials that you submit, upload, post, e-mail, transmit or otherwise make available via the Site or Application ("User Content"). By submitting, uploading, posting, e-mailing or transmitting User Content to the Site or Application, you represent and warrant that either you own all right, title and interest in and to the User Content or have express permission from the owner to copy and use such User Content for all purposes related to the Site or Application. Vanguard does not control and is not responsible for the User Content uploaded via the Site or Application and Vanguard neither guarantees the accuracy, quality or appropriateness of nor endorses any User Content submitted to the Site or Application.
You agree not to use the Site or Application to:

  • Submit, upload, post, e-mail, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, menacing, harassing, tortious, defamatory, vulgar, pornographic, obscene, offensive, blasphemous, libelous, unlawful, invasive of another's privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable.
  • Submit, upload, post, e-mail, transmit, or otherwise make available any User Content that personally attacks or is derogatory toward Vanguard as an entity, Vanguard employees, any Vanguard products or services, or any Vanguard Materials.
  • Harm minors in any way, including, but not limited to, submitting, uploading, posting, e-mailing, transmitting, or otherwise making available content that violates child pornography laws, child sexual exploitation laws, or laws prohibiting the depiction of minors engaged in sexual conduct.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site or Application.
  • Submit, upload, post, e-mail, transmit, or otherwise make available any User Content that you do not have a right to make available under any law or contractual or fiduciary relationships or obligations.
  • Submit, upload, post, e-mail, transmit, or otherwise make available any User Content that infringes, violates, or misappropriates any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right or any moral right of any party.
  • Submit, upload, post, e-mail, transmit, or otherwise make available any personal information or specific account details about yourself or any person or entity.
  • Submit, upload, post, e-mail, transmit, or otherwise make available any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
  • Submit, upload, post, e-mail, transmit, or otherwise make available any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Intentionally or unintentionally violate any applicable local, state, national, or international laws, rules, regulations, decrees, acts, orders, directives, legislation, bills, or statutes.


You grant Vanguard and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors a perpetual, worldwide, irrevocable, nonexclusive, fully-paid up, royalty-free, sublicensable, and transferable right and license to use, store, modify, adapt, translate, publish, display, broadcast, perform, disclose, distribute, sell, reproduce, publish, communicate to the public and create derivative works from any User Content, in whole or in part, in any medium or technology throughout the world, including any inventions, concepts, techniques, know-how, ideas, or expressions of ideas arising out of or based on the User Content, for any purpose in Vanguard's sole discretion, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.

Vanguard shall exclusively own all right, title, and interest in and to any derivative works or inventions created by or on behalf of Vanguard that incorporate or otherwise make use of any User Content, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.

Except as set forth in Vanguard Australia’s Privacy Policy, none of the User Content that you submit, upload, post, e-mail, or transmit or otherwise make available via the Site or Application shall be subject to any confidentiality obligations by Vanguard and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors. To the extent permitted by law, Vanguard shall not be liable in any way for any User Content or for the use or disclosure of any User Content.

You acknowledge that Vanguard and/or its vendors may or may not (but are not obligated to) monitor User Content, but that Vanguard shall have the right in its sole discretion to monitor, post, move, refuse, or remove any User Content, in whole or in part, for any reason whatsoever, without notice and without liability.

If you have any questions or comments about your Vanguard products or other customer service issues, please contact us.

 
Your Vanguard Online Account

Certain parts of the Site or Application may be protected by passwords or require a login. You agree to provide Vanguard  with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree to use the Site and Applications to access only those accounts on which you are authorized to act, and you agree to use your own user names, logins, passwords, and devices  when accessing accounts on which you are authorized to act. You agree not to obtain or attempt to obtain unauthorized access to such parts of or features on the Site or Application, or to any other protected Materials or information, through any means not intentionally made available to you by Vanguard.

You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, that you use to access any page or feature on the Site or Application, and for logging off of your account and any protected areas of the Site or Application. Further, you are fully responsible for all activities occurring under your accounts, user names, logins, passwords, and security questions and answers that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins or passwordsyou agree to contact Vanguard immediately.

Vanguard will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Products and services provided to you through the Site or Application may involve the electronic transmission, including via any e-mail address you provide to us, of information that you may consider to be personal financial information or promotional and marketing materials. You consent to such transmission; however, you have the option to unsubscribe. Please see Vanguard Australia’s Privacy Policy for further details.

Vanguard will not be liable for any loss or damage arising from your failure to comply with this paragraph

Products and services provided to you through this Site may involve the electronic transmission, including via any e-mail address you provide to us, of information that you may consider to be personal financial information or promotional and marketing materials. You consent to such transmission; however, you have the option to unsubscribe. Please see our Privacy Policy for further details.


Data, Information, and Content

Without limiting any other terms of these Terms of Use, any content or information accessed through the Vanguard Online portal is subject to the specific terms governing access to that content and information as set out in the Vanguard Online Terms and Conditions of Use.

The Materials on the Site or Application are for information, education, and non-commercial purposes only. Although Vanguard  may provide data, information, and content relating to superannuation products, investment approaches and opportunities to buy or sell securities and/or mutual funds, you should not construe any such information or other content available through the Site or Application as legal or tax advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any Materials on the Site or Application in relation to your own personal circumstances before making any decisions based on such Materials. To the extent permitted by law you agree not to hold Vanguard or its third party information providers liable for any possible claim for damages arising from any decision you make in relation to your individual circumstances based on the Materials made available to you through the Site or Application. By providing access to other websites, neither Vanguard nor any of its affiliates is recommending the purchase or sale of the stock issued by any company, nor are they endorsing services provided by any website's sponsoring organization.

Privacy

Any personal information that we collect from you through your use of the Site or Application will be treated in accordance with Vanguard Australia’s Privacy Policy, which you can locate through the “privacy” link in the Application or on our website, www.vanguard.com.au.

By downloading, installing, accessing or using the Application you consent to us collecting and handling any such personal information obtained from or about you in accordance with our Privacy Policy.

Investment performance not guaranteed

Investment performance is not guaranteed and may decrease in value. Past performance is not an indication of future performance.

Products issued by Vanguard aim to closely track index returns before fees and taxes.

Interactive data terms and conditions of use

All information provided by Interactive Data (Australia) Pty Ltd ("Interactive Data") and its affiliates (the "Interactive Data Information") is owned by or licensed to Interactive Data and its affiliates and any user is permitted to use such Interactive Data Information only for such user's personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any Interactive Data Information in any format to anyone, and no user shall use any Interactive Data Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.

Prior to the execution of a security trade based upon the Interactive Data Information, you are advised to consult with your broker or other financial representative to verify pricing information.

THE INTERACTIVE DATA INFORMATION IS PROVIDED TO THE USERS "AS IS." NEITHER INTERACTIVE DATA NOR ITS AFFILIATES NOR ANY THIRD PARTY DATA PROVIDER MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND REGARDING THE INTERACTIVE DATA INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NEITHER INTERACTIVE DATA NOR ITS AFFILIATES NOR ANY THIRD PARTY DATA PROVIDER WILL BE LIABLE TO ANY USER OR ANYONE ELSE FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE INTERACTIVE DATA INFORMATION OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY) RESULTING THEREFROM. 

 
Copyright Policy, Notice, and Claim Information

The Site, Application and all Materials on the Site or Application, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Vanguard and its third party information providers, and are protected by United States and international intellectual property laws.

Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Vanguard designates an agent as described below to receive notifications of claimed copyright infringement by mail: Pamela Crocker  Associate General Counsel, The Vanguard Group, Inc., P.O. Box 2600, V-26, Valley Forge, PA 19482-2600.

The designated copyright agent can also be reached by telephone at (610) 669-6100, by fax at (610) 669-6600, and by e-mail at intellectualproperty@vanguard.com.

If you have any other customer service questions or would like an alternative method of reaching us, please Contact Us.

You acquire no rights or licence in or to the Site or Application other than the limited right to use the Site or Application in accordance with these Terms of Use.  You must not remove any copyright notices or other copyright protection measures from the Site or Application. We reserve all rights not expressly granted under these Terms of Use.

 

Trademarks and Patents

All trademarks, service marks, and logos appearing on the Site or Application are the exclusive property of their respective owners.

All Vanguard graphics, logos, page headers, and service names are trademarks, service marks, or trade dress of Vanguard. Vanguard's trademarks, service marks, and trade dress may not be used in connection with any product or service that is not Vanguard's, in any manner that is likely to cause confusion among customers or investors, or in any manner that disparages or discredits Vanguard. Nothing contained on the Site or Application should be construed as granting any license or right in or to any trademarks, service marks, or trade dress of Vanguard.

Apple, the Apple logo, iPad, iPhone, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

Android is a trademark of Google Inc.

Adobe and Adobe Acrobat are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

BPAY® is registered to BPAY Pty Ltd ABN 69 079 137 518.

CFA® and Chartered Financial Analyst® are trademarks owned by CFA Institute.

Vanguard owns issued patents for its US Vanguard Exchange-Traded Funds ("Vanguard ETFs") under U.S. Patent Nos. 6,879,964; 7,337,138; 7,720,749; 7,925,573; 8,090,646; and 8,417,623.

“BLOOMBERG® is a trademark and service mark of Bloomberg Finance L.P. MSCI is a trademark and service mark of MSCI Inc. (collectively with its affiliates, “MSCI”), used under license. Bloomberg Finance L.P. and its affiliates (collectively, “Bloomberg”), including Bloomberg Index Services Limited, the index administrator (“BISL”), or Bloomberg’s licensors, including MSCI, own all proprietary rights in the indices. Neither Bloomberg nor MSCI is affiliated with Vanguard Investments Australia Ltd, and neither Bloomberg nor MSCI approves, endorses, reviews or recommends financial products issued by Vanguard Investments Australia Ltd. Neither Bloomberg nor MSCI guarantees the timeliness, accurateness or completeness of any data or information relating to the indices, and none shall be liable in any way to Vanguard Investments Australia Ltd, investors in the products or other third parties in respect of the use or accuracy of the indices or any data included therein.”

“Center for Research in Security Prices, LLC (CRSP®) and its third-party suppliers have exclusive proprietary rights in the CRSP® Index Data, which has been licensed for use by Vanguard but is and shall remain valuable intellectual property owned by, and/or licensed to, CRSP®. The Vanguard Funds are not sponsored, endorsed, sold or promoted by CRSP®, The University of Chicago, or The University of Chicago Booth School of Business and neither CRSP®, The University of Chicago, or The University of Chicago Booth School of Business, make any representation regarding the advisability of investing in the Vanguard Funds.”

London Stock Exchange Group companies include FTSE International Limited ("FTSE"), Frank Russell Company ("Russell"), MTS Next Limited ("MTS"), and FTSE TMX Global Debt Capital Markets Inc. ("FTSE TMX"). All rights reserved. "FTSE®", "Russell®", "MTS®", "FTSE TMX®" and "FTSE Russell" and other service marks and trademarks related to the FTSE or Russell indexes are trademarks of the London Stock Exchange Group companies and are used by FTSE, MTS, FTSE TMX and Russell under license. All information is provided for information purposes only. No responsibility or liability can be accepted by the London Stock Exchange Group companies nor its licensors for any errors or for any loss from use of this publication. Neither the London Stock Exchange Group companies nor any of its licensors make any claim, prediction, warranty or representation whatsoever, expressly or impliedly, either as to the results to be obtained from the use of the FTSE Indexes or the fitness or suitability of the Indexes for any particular purpose to which they might be put.  

The S&P Index is a product of S&P Dow Jones Indices LLC, a division of S&P Global, or its affiliates (“SPDJI”) and has been licensed for use by Vanguard. Standard & Poor’s® and S&P® are registered trademarks of Standard & Poor’s Financial Services LLC, a division of S&P Global (“S&P”); Dow Jones® is a registered trademark of Dow Jones Trademark Holdings LLC (“Dow Jones”); and these trademarks have been licensed for use by SPDJI and sublicensed for certain purposes by Vanguard. Third Party Licensor’s Trademark(s) are trademarks of the Third Party Licensor and have been licensed for use by SPDJI and Vanguard. Vanguard Products are not sponsored, endorsed, sold or promoted by SPDJI, Dow Jones, S&P, their respective affiliates, or Third Party Licensor and none of such parties make any representation regarding the advisability of investing in such product(s) nor do they have any liability for any errors, omissions, or interruptions of the S&P Index.

International Use

Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access the Site or Application, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States, as set forth in the U.S. Export Administration Regulations, the U.S. International Traffic in Arms Regulation, and the U.S. Office of Foreign Assets Controls' trade sanctions rules.

Unless specifically stated otherwise, each product and service referred to on the Site or Application is intended to be made available only to Australian residents. The Site or Application will not be considered a solicitation for or offering of any product or service to any person in any jurisdiction where such solicitation or offering would be illegal. In particular, the products and services referred to on the Site or Application are not intended to be sold to U.S. Persons as defined under Regulation S of the U.S. federal securities laws. Persons residing in the United States are invited to visit Vanguard's website for U.S. investors for more information about products and services available to them. References on this website to dollars are to Australian dollars unless otherwise specified.


Third Party Content

Data and other materials appearing on the Site or Application that are provided by third parties are believed by Vanguard to be obtained from reliable sources, but Vanguard cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. Vanguard is not responsible for and does not prepare, edit, or endorse the content, advertising, products, or other materials on or available from any website owned or operated by a third party that is linked to the Site or Application via hyperlink. The fact that Vanguard has provided a link to a third party's website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by Vanguard with respect to such website, its owners, providers, or services. You will use any such third party content at your own risk and you agree that Vanguard is not liable for any loss or damage that you may suffer by using third party websites or any content, advertising, products, or other materials in connection therewith.

Without limiting any other terms of these Terms of Use, any third party content or information accessed through the Vanguard Online portal is subject to the specific terms governing access to that third party content and information as set out in the Vanguard Online Terms and Conditions of Use.

 

Timeliness of Content

All content on the Site and Application is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

 

Termination

The rights granted to you herein terminate immediately upon any l violation by you of these Terms of Use. Vanguard, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of the Site or Application at any time and for any reason whatsoever, without notice or liability. You may also stop using the Site and/or delete the Application at any time.

Vanguard will not be liable to you or any third party for any termination of your access to or use of the Site or Application. Termination does not relieve you of your accrued obligations and liabilities pursuant to these Terms of Use, nor does termination waive any breach of these Terms of Use by you.

Upon termination you must immediately cease using the Site or Application and delete the Application from the applicable authorized computing device. 

 

Warranty Disclaimers

You expressly understand and agree that:

  • the terms that apply to your use of the site and application are these terms and subject to your non-excludable rights under consumer protection laws. No other terms or rights apply. Your use of the site and application is provided on an "as is" and "as available" basis.
  • We will use due care and skill in providing the site, application and the materials, products and services offered on the site and application and subject to your rights under law that may apply and which cannot be excluded, vanguard and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and any third party information providers and vendors:
    • Given the nature of the internet, do not warrant or represent that the site, application, any materials, products, or services available on or through the site or application or their use is complete, accurate, current or free from errors or omissions, programming bugs or viruses or secure or have full functionality;
    • Do not warrant or represent that the availability of the site or application will be continuous or uninterrupted, that any defects will be corrected or that the site or application, the server that makes it available or any materials, products, or services available on or through the site or application are free from viruses, as the availability of the site, application or any materials, products, or services available on or through the site or application may be subject to numerous factors, including routine maintenance and factors outside our control (such malfunction in equipment or software, internet access difficulties, or delay, error or failure of transmission, the site and application's reliance on systems and services that we do not own or control);
    • Have no responsibility to maintain the materials, products, or services offered on the site or application or to supply corrections, updates, or releases for the same;
    • Do not warrant the service will meet all of your requirements or expectations; and
    • Expressly disclaim all warranties, whether express or impliedwith respect to (i) the site and application; (ii) any materials, products, or services available on or through the site or application; (iii) use of the site, application, materials, products, or services; and (iv) the results of the use of the site, application, materials, products, or services.
Liability and Indemnity

Vanguard accepts liability to you for breach of any statutory guarantee or other rights under consumer protection laws that cannot be excluded and for loss or damage that is a direct result of, and flows naturally from, our breach of contract or negligence under the principles applied by the courts. However, except as expressly provided by law, vanguard, its affiliates, subsidiaries, directors, officers, employees, agents, licensors, or any third party information providers and vendors are not liable for:

  • Loss or damage that was not reasonably foreseeable;
  • Loss or damage that was not caused by our breach of statutory guarantee, contract or by our negligence;
  • Loss or damage that was caused by your breach of contract or your negligence; and
  • Loss or damage caused by events outside our reasonable control (such as a malfunction in equipment or software, internet access difficulties or delay or failure of transmission).


for all other liability, including in relation to breach of contract or negligence to extent permitted by law, vanguard, its affiliates, subsidiaries, directors, officers, employees, agents, licensors, or any third party information providers and vendors will not be liable for all other indirect or consequential damages, including damages for loss of profits, revenue, income, goodwill. To the extent that such liability cannot be excluded, it is limited to resupplying, repairing or replacing the relevant goods or services (or payment of the cost of resupply, repair or replacement) and where it is fair and reasonable to do so.
You must take reasonable steps to minimise the extent of any loss or damage you may suffer as a result of the provision of (i) the site and application; (ii) any materials, products, or services available on or through the site and application; (iii) use of the site, application, materials, products, or services; and (iv) the results of the use of the site, application, materials, products, or services.

You agree to indemnify and hold harmless vanguard, its subsidiaries and affiliates, and each of its and their officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses, or expenses, material arising out of or related to your improper access to or use of the site or application, or any violation by you of these terms of use.

Integration and Severability

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. These Terms of Use represent the entire agreement between you and Vanguard relating to the subject matter herein.


Applicable Law and Venue

The laws of Victoria, Australia, govern these Terms of Use. You submit to the exclusive jurisdiction of the Courts of Victoria and you waive any right you have to object to an action being brought in the Courts of Victoria.


Apple Specific Terms

The following terms also apply to the Application where acquired from the Apple App Store:

  • Apple is not responsible for any maintenance or support services with respect to the Application.
  • In the event of any failure of the Application, you may notify Apple and Apple will refund the purchase price for the Application (if applicable), and to the extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any applicable law.
  • You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Use and any applicable law.
  • In the event of any third party claim that the Application, or your possession or use of the Application in accordance with these Terms of Use, infringes that third party’s intellectual property rights (other than by reason of content you have elected to use with the Application), Vanguard and not Apple will (subject to these Terms of Use) be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property claim and you must provide all reasonable co-operation to Vanguard in connection with that matter.
  • You warrant and represent that you are not located in a country that is subject to a United States or Australian Government embargo, or a country that has been designated by the United States Government or the Australian Government as a “terrorist supporting” country or listed on any United States Government or Australian Government list of prohibited or restricted parties.
  • You acknowledge and agree that Apple, and its subsidiaries, are third party beneficiaries of these Terms of Use and may have third party rights to enforce these Terms of Use against you.