VanEck Australia - Terms and Conditions

Terms and Conditions

  • Terms and Conditions of Use of VanEck's Website
    Van Eck Associates Corporation ("Van Eck Corporation") is the owner of VanEck Australia's website and LinkedIn, Twitter and Facebook account (the "Sites") and makes the information on the Sites available as a service to visitors. Your access to the Sites is subject to the terms and conditions set out below (referred to as "the Terms and Conditions"). By accessing the Sites directly or through any links, you agree to be bound by these Terms and Conditions. The information on the Sites has been prepared by VanEck Investments Limited ABN 22 146 596 116 AFSL 416755 and its related bodies corporate, as subsidiaries or affiliates of Van Eck Corporation (collectively the group of companies referred to as 'VanEck'). VanEck may, at its sole discretion, amend or modify these Terms and Conditions without notice. Any subsequent access to, or use of the Sites by you, will constitute an acceptance of those amendments.

    Limitation of Liability and Indemnity 
    The information published on the Sites is believed to be accurate at the time of compilation and is provided by VanEck in good faith. However, the use of the Sites is at your sole risk. No VanEck entity or any of the directors and officers of any of them, makes any representation or warranty as to the quality, accuracy, reliability, timeliness or completeness of material on the Sites or material in websites linked to the Sites, or in respect of the cybersecurity of the Sites.
    Except in so far as liability under any statute cannot be excluded, VanEck and its directors, employees, representatives and consultants do not accept any liability (whether arising in contract, tort, negligence or otherwise) for any error or omission in the material or for any loss or damage (whether direct, indirect, consequential or otherwise) suffered by you, as the user or recipient of the information, or any other person, acting in reliance on the information on the Sites or for providing any personal information to VanEck via the Sites. You release, discharge and indemnify VanEck and its directors, officers, employees and consultants from and against any and all claims, losses, damages or liabilities suffered or incurred by you as a result of your use of the Sites including but not limited to any investment decision by you or any person made in reliance of any information sourced from the Sites.


    General Information Only - Not Financial Advice

    VanEck Investments Limited is the responsible entity and issuer of VanEck's Australian domiciled exchange traded funds ('the funds'). 
    The site contains general information only about financial products and is not personal financial advice. A reference to a particular fund or other security does not constitute a recommendation or personal financial advice by VanEck to any person in relation to an investment in that fund or other security. VanEck does not take into account the objectives, financial situation or needs ('circumstances') of any person.
    Before making any investment decision, you should read the applicable product disclosure statement and consult with a financial adviser and professional tax and legal advisers as appropriate to determine if the investment is suitable for your individual circumstances. PDSs for VanEck's funds are available at https://www.vaneck.com.au/library/regulatory-documents/.

    Investment Risk
    The ETFs offered in any PDS available from or through the Sites are subject to investment risk, including possible delays in repayment and loss of income and capital invested. No VanEck entity guarantees the repayment of capital, the payment of income or the performance of, or any particular rate of return from, or any taxation consequences of, any investment in any of the ETFs or other funds. Past performance information is not a reliable indicator of future performance.

    Privacy
    We may, as a result of your access to the Sites, hold and process personal information obtained about you. VanEck Australia is committed to maintaining the privacy of any personal data it holds about you and does so in accordance with the Australian Privacy Principles contained in the Privacy Act 1988. Please read our Privacy Policy to understand how your personal information will be treated when you use the Sites.
    You agree that where any VanEck company is required by law or otherwise to provide you with a document, you consent to the provision of the document electronically (whether by email or through links on the Sites).

    Tax Information
    The information contained on the Sites does not constitute a comprehensive taxation guide. As taxation legislation is complex, we recommend you contact your financial adviser, tax adviser or the Australian Taxation Office for further details and expert advice in relation to your personal circumstances.

    Prices
    All figures and amounts displayed on the Sites are in Australian dollars and are subject to change at any time. Past performance information is not a reliable indicator of current or future performance.

    Social Media Site Community Guidelines
    To ensure the quality of any discussion on LinkedIn, Twitter and Facebook, the following set of community guidelines have been developed that by becoming a member of VanEck's social media community, you agree to follow. Comments must not be illegal, obscene, defamatory, racist, threatening, abusive or infringe a person's intellectual property rights. We reserve the right to delete any comments posted if we think it breaks these guidelines and may report you to the relevant administrator if we deem appropriate. You grant us an unlimited license to republish your comments in other VanEck Sites or communications at our discretion.

    Australian Residents Only
    The Sites are intended for use by residents of Australia. Investors outside of Australia ('Foreign Investors') are subject to securities and tax regulations within their applicable jurisdictions that are not addressed on the Sites. Nothing on the Sites should be considered a solicitation to buy or an offer to sell securities in any jurisdiction where the offer or solicitation would be unlawful under the securities laws of such jurisdiction. Nor is it intended as investment, tax, financial or legal advice. Investors should seek such professional advice as is relevant to their particular situation.

    Foreign Investors
    Foreign Investors may transact in the ETFs on ASX including via their stockbroker or their financial adviser in the same way as they trade other ASX listed or quoted securities. For the avoidance of doubt, Australian domiciled ETFs are not intended to be sold to 'US Persons' as defined under Regulation S of the US federal securities laws.
    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 Sites, 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 Australia.

    Trademarks and Copyright
    VanEck®, VanEck Vectors®, VanEck Access the opportunities®, and the VanEck logo are trademarks of Van Eck Corporation. All text and graphic/images contained on the Sites are subject to copyright and/or trademark protection. VanEck owns or is licensed to use the trademarks and literary or other works published on the Sites except as otherwise noted.
    No information contained on the Sites may be reproduced, transmitted, displayed, distributed, published or otherwise used for commercial purposes without the prior written consent of VanEck. You may, however, print or electronically store copies of the information for your own personal use. Other trademarks appearing on the Sites are the exclusive property of their respective owners.

    Index and Fund Holdings Data – Restriction on use
    All index or fund holdings data published on the Sites is the property of the relevant index provider or VanEck and subject to strict commercial licensing agreements and is provided for information purposes only in accordance with VanEck’s regulatory obligations. You are strictly prohibited from redistributing, commercialising and/or creating any derivative works from any index or holdings data. including without limitation: creating an index, investment strategy and/or investment product. Engaging in any such prohibited activity may expose you to liability for legal actions for damages for infringement of intellectual property rights.

    Links/Virus Warnings
    Hypertext links to other internet websites or materials prepared by third-parties ('links') are included as a convenience for our visitors. VanEck assumes no liability for the content of any linked websites and materials prepared by third-parties, including, without limitation, the accuracy, subject matter, quality or timeliness of the content of such linked websites or materials. The fact that such links have been provided does not constitute an endorsement, authorization, sponsorship by or affiliation with VanEck with respect to any linked website or material or their sponsor or author. There are risks in using any information, software or product accessed on the internet and we urge you to make sure you understand these risks before doing so. VanEck is not liable for any harm caused by the transmission, through access of the Sites, of a computer virus, or other computer code or programming device that might be used to access, delete, damage, disable, disrupt or otherwise impede the operation of the Sites or of any user's software, hardware, data or property.

    Governing Law
    These Terms and Conditions are governed by and are to be construed in accordance with the laws of New South Wales, Australia. You agree to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions.