Financial Services Guide (FSG) |
These terms and conditions govern any dealing executed on the client's share trading account (the Client) by Burrell Stockbroking Pty Ltd ACN 088 958 481 ABN 82 088 958 481 "Burrell Stockbroking", and are subject to the Articles of Association, Rules, Regulations and practices of the Australian Stock Exchange Limited ACN 008 624 691 ("ASX") and the Corporations Law as amended from time to time.
The Client and its authorised agent may instruct Burrell Stockbroking to deal on the account. Burrell Stockbroking has the discretion to decline instructions at any time without the need to provide any reason for its decision. In addition to that discretion, Burrell Stockbroking may refuse to act on the Client's behalf:
The Client represents to Burrell Stockbroking that it is, and at all times during its dealing with Burrell Stockbroking will be, in a position to meet all commitments on the part of the Client arising out of its dealings with Burrell Stockbroking or business conducted by Burrell Stockbroking on its behalf and that any individual client is over the age of 18 years.
If more than one person constitutes the Client then they are each jointly and severally liable under this Agreement. Until otherwise specified in writing, all persons constituting the client agree that Burrell Stockbroking may act on the instructions of any one of the persons without the necessity to refer to or notify any other person in connection with those instructions.
The Client acknowledges that Burrell Stockbroking will not act on a discretionary basis on the Client's behalf or for the Client's benefit, unless the client signs a "Discretionary Trading Account", "Managed Portfolio Service", power of attorney or other formal authority.
When placing an order by phone or in person, Burrell Stockbroking shall read the order back to you to ensure the details are correct. Some clients send orders by email or fax. Such orders are accepted by Burrell Stockbroking only when the email or fax is acknowledged by Burrell Stockbroking. Burrell Stockbroking will confirm the execution of an order by hard copy confirmation note or by electronic confirmation note, as requested by you. Upon receipt of confirmation notes, it is the clients responsibility to ensure all details are correct and immediately notify Burrell Stockbroking should there be any errors or omissions.
Burrell Stockbroking may, at any time, reissue a confirmation note in order to correct any errors or omissions, and these terms and conditions, after the necessary changes have been made, will be binding with respect to the reissued confirmation note.
a) Where you have provided Burrell Stockbroking with an email address for the purpose of Burrell Stockbroking delivering confirmation notes to you by email, you authorise us to send the confirmation notes to that address. If you request to have you confirmation notes delivered to you by email, you warrant and agree that: b) The email address provided by you is your email address at which you will recieve the confirmation note and that it is complete and correct; c) Burrell Stockbroking may rely on that information unless and until we receive written notice of any change signed by you; d) You will immediately notify Burrell Stockbroking of any change to your email address or if you cease using the notified address; e) Burrell Stockbroking will not be responsible for any loss or liability incurred by you where we do not receive instructions or where any dealing or proposed dealing is interrupted, unable to be completed, or unable to take place due to the failure of any computer or other electronic device; f) If or when Burrell Stockbroking receives a return email communication from your email address to the effect that a confirmation note sent to you has been interrupted, unable to be delivered, or unable to take place due to the failure of any computer or other electronic service, Burrell Stockbroking will issue a further confirmation note to you by ordinary post at your address notified to Burrell Stockbroking which will supersede the previous confirmation note; and g) If the delivery of a confirmation note is interrupted, unable to be completed, or unable to take place due to the failure of any computer or other electronic device, we reserve the right to discontinue your email confirmation note service and revert to delivery of confirmation notes by means of ordinary post.
Any notice or other communication given by either of Burrell Stockbroking or you under these terms and conditions will be deemed to be given: a) if by mail, on the third Business Day after it was sent; b) if personally delivered, on the day of delivery; c) if by fax, when that fax is acknowledged by the recipient; d) if sent to Burrell Stockbroking by email, when an email is acknowledged by Burrell Stockbroking; and e) if sent to you by email, when the email enters the information system designated in your email address.
You consent to receive email communications from Burrell Stockbroking, including unsolicited email communication for the purposes of the Spam Act 2003 (Cth).
Any disputes between the Client and Burrell Stockbroking will be subject to the complaints procedures outlined in the "Financial Services Guide". Disputes unable to be resolved by these procedures will be arbitrated by the FICS.
The Client must notify Burrell Stockbroking in writing within two (2) business days of any change in the details provided by the Client in this Agreement.
The disclosure of a personal profile made by the client in this Agreement has been provided to assist Burrell Stockbroking and its authorised representatives to give advice or make a recommendation that is suitable to the Client's individual situation. The Client acknowledges that disclosure of material financial details has been requested by Burrell Stockbroking and further that if the client does not provide such details that failure may derogate from their rights under the Corporations Law. Burrell Stockbroking acknowledges its obligations to keep confidential information provided by the client.
The Client must pay for purchases including all brokerage, taxes, costs, duties and charges in respect thereof, and make good delivery in respect of sales, to enable Burrell Stockbroking to settle by the due settlement date. Payment is accepted either by cheque, direct debit to bank accounts or cash management accounts (CMT accounts - Funds are pledged at time of contfirmation note finalisation). Where the Client fails to make good delivery in respect of sales, or pay for purchases by the due settlement date, the Client will indemnify Burrell Stockbroking for all costs incurred by Burrell Stockbroking as a result.
Burrell Stockbroking may, without notifying the client, appropriate any credit balance of any account of the Client within Burrell Stockbroking and all payments received by Burrell Stockbroking on the Client's behalf, in reduction of any money the Client owes Burrell Stockbroking on any account.
Burrell Stockbroking incurs a daily fee from ASX for all transactions that do not settle by their settlement date. The Client agrees and acknowledges that Burrell Stockbroking will deduct from their net sale proceeds, a daily fail fee if the Client fails to deliver certificates or fails to supply Shareholder Reference Number ("SRN"), in time for settlement on T+3.
Burrell Stockbroking reserves the right to levy additional charges for a Client who does not settle by the required settlement date: If the Client fails to settle purchases by the settlement date, Burrell Stockbroking may charge the Client an administration fee together with an interest component on the overdue amount from the contract settlement date until the date payment is received: or If the Client fails to deliver certificate or to supply their HIN or SRN, Burrell Stockbroking may levy an administration charge from the contract settlement date until the date securities are received by Burrell Stockbroking. Administration fees can also apply to broker to broker transfers Brokerage, commission and service charges are included in the Financial Services Guide. Changes to brokerage and service charges are advised in the Burrell Bourse and at www.burrell.com.au and apply from the notified date.
The ASX rules provide that where a client fails to settle at T+3 in respect of an order to buy shares, the broker may give notice in writing to the client of our intention to sell the shares on the market and to recover any shortfall from the client.
The Client agrees and acknowledge that Burrell Stockbroking may, from time to time and without further reference to the Client, provide information about the Client and their dealing in securities to ASX, the Australian Securities and Investment Commission or any other governmental agency or regulatory authority in Australia.
Burrell Stockbroking may vary and either party may terminate these terms and conditions by giving not less than seven (7) business days notice in writing to the other party, subject to all outstanding obligations under these terms and conditions being duly discharged. Any notice given or demand made by either party, or contract notes issued by Burrell Stockbroking, shall be deemed to have been received on the business day following the transmission or posting of the notice, demand or confirmation note. |