1 Welcome

1.1 Welcome to AtlasTrend – an online investment management service which provides you with access to simple worldwide investing. We call this our Service.

1.2 These are the terms and conditions that govern our arrangements with you relating to the Service.

1.3 By becoming a member of AtlasTrend you agree to be bound by this agreement. You will be required to click “I Agree to the AtlasTrend membership terms” before proceeding to become a member. If you do not agree to these terms, or you do not understand them, don’t click “I Agree to the AtlasTrend membership terms”. Call us and we can explain it to you.

1.4 You become bound by these terms (as amended from time to time) from the time you click “I Agree to the AtlasTrend membership terms” and continue to be so bound for so long as you remain a member.

2 About AtlasTrend

2.1 If you are a member of AtlasTrend, you have access to our Service and the opportunity to invest in any of our Trends.

2.2 A Trend is a registered managed investment scheme which typically invests in 10 to 15 listed international shares that benefit financially from a distinct worldwide trend that the AtlasTrend investment management team have identified as providing the basis for long term investment returns. The Trends that are currently open for investment are the Online Shopping Spree Fund, Big Data Big Fund and the Clean Disruption Fund. Click here to view the offer document (called a product disclosure statement or PDS) for the Trends.

2.3 There are investment management and investment related performance fees associated with investing in a Trend. Ordinary expenses (these are capped) are payable to Fundhost in connection with each Trend. Details on the fees and expenses associated with each Trend are set out in more detail in the PDS.

2.4 We provide our Service to you through this dedicated, secure website and any other secure website we may choose to use.

2.5 Like all companies, we are registered with the Australian Securities and Investments Commission (ASIC). We comply with applicable financial services and corporate laws. We are a corporate authorised representative (No. 001233660) of Fundhost Limited (ABN 69 092 517 087, AFSL No. 233045) (Fundhost) and of Havana Financial Services Pty Ltd (ABN 90 619 804 518, AFSL No. 500435) (Havana). Fundhost is also regulated by the ASIC. Fundhost is the responsible entity of each of the Trends.

3 Your Membership

In a nutshell

3.1 AtlasTrend membership provides you with our insights on the leading world trends for investment and research on the underlying companies we have selected which benefit from these trends. In other words, it provides you access to our Service.

3.2 Members can invest in the Trends through our online platform, and receive transparent information on where your money is invested on a daily basis. AtlasTrend’s investment team will actively monitor and manage every Trend you invest in. Fundhost (the responsible entity of the Trends) will also provide you with annual tax statements to help prepare your tax returns.

3.3 The Trends are only available to members of AtlasTrend. They are exclusive. If you cease to be a member of AtlasTrend, you must redeem your investment in each of the Trends you have invested in.

Levels of membership

3.4 There are currently two AtlasTrend membership plans available: Learn and Invest. Details on what each membership plan offers can be viewed here.

3.5 The level of detail you receive in relation to a Trend may vary depending on which membership plan you choose.

3.6 We can change any items offered to you for each membership plan at our discretion. But if we were to increase the fees, we would give you (as an existing member) 7 days' prior notice.

3.7 We can also add new membership plans, or remove existing membership plans, at our discretion. Again, we would give you 7 days’ prior notice of these changes and can help you choose what membership plan to switch to.

3.8 Your membership plan will automatically change from Learn to Invest when you submit a valid investment application for any Trend.

3.9 If you withdraw all Trend investments when you are on the Invest Plan, once all your withdrawals have been processed, your membership plan will remain on the Invest Plan, unless you tell us that you would like to change your membership to the Learn plan or you would like to cancel your membership. We may still contact you from time to time about AtlasTrend’s products and services unless you unsubscribe to AtlasTrend’s emails.

4 Membership fees

What does it cost you?

4.1 The membership fee associated with each membership plan is outlined here. All fees are quoted inclusive of applicable GST and net of any reduced input tax credits. If we were to increase the membership fees, we would give you (as an existing member) 7 days' prior notice.

How to pay membership fees

4.2 You may elect to pay any applicable membership fees monthly or yearly in advance.

4.3 Membership fees are payable by credit or debit card. By agreeing to be a member of AtlasTrend, you authorise us to debit your nominated credit or debit card monthly or yearly (as applicable). We will continue to do this until you contact us and tell us in writing that you no longer wish to be a member.

4.4 We only accept funds by credit or debit card – we do not accept physical currency, cheques or other assets.

What happens if you don’t pay?

4.5 If you don’t pay, or your credit or debit card fails to process the payment properly for some reason, you remain liable to pay us.

4.6 Interest of 5% per annum applies to fees that are overdue (fees become overdue if they remain outstanding for 14 days or more). Interest accrues daily.

4.7 We may also suspend your access to our Service for so long as any membership fees remain outstanding.

5 What if I no longer want to be a member of AtlasTrend

5.1 Simple – just tell us in writing. Contact us and we will send you the form (or a link to the relevant form).

5.2 Membership fees that have been paid will not be refunded. Generally we need to know that you no longer wish to be a member at least 2 weeks prior to the due date for your next membership fee direct debit. This gives us enough time to process your request and ensure that no further membership fees are deducted.

6 Transferring membership

6.1 If you are on the Learn Plan, we may agree to you transferring your membership to another person. Just tell us in writing. Contact us and we will send you the form.

7 Financial services disclosures

7.1 In providing our Service, we may be regarded as providing “general financial product advice” in relation to “securities” (i.e. the shares we invest in) and “interests in managed investment schemes” (i.e. the Trends). We are authorised by ASIC to do this (we are a corporate authorised representative (No. 001233660) of Fundhost and Havana). When providing general financial product advice to you, we do not take into account your personal objectives, financial situation or needs. You should consider the appropriateness of our Service, and the Trends generally, having regard to your own objectives, financial situation and needs.

7.2 You should download and keep a copy of our financial services guide. This is a document we are required to give you before we provide any financial service (such as advice) to you. You can download a copy of our financial services guide here.

7.3 Before you invest in any of the Trends, you should read the entire PDS, and speak to a financial adviser. The Trends that are currently open for investment are the Online Shopping Spree Fund, Big Data Big Fund and the Clean Disruption Fund. Click here to view the PDS for each Trend. . 7.4 Applications to invest in the Trends will only be processed by Fundhost once you have completed a valid application form, you have satisfied the requirements of the Anti Money Laundering and Counter Terrorist Financing Act 2006 (Cth) (AML/CTF Act) and Fundhost accepts your application.

7.5 Neither Fundhost nor AtlasTrend promise that you will earn any return on your investment in a Trend or that your investment will gain or retain its value. No one guarantees any returns. Past performance of a particular Trend is not a reliable guide to future performance of that (or other) Trend.

8 Complaints or suggestions

Notify us

8.1 If you have an enquiry or a complaint about our Service, please contact us at: info@atlastrend.com or call us on 1800 589 778

8.2 If you have a complaint, it is better it be made in writing although you can always call us of course. Complaints will always be acknowledged and responded to within 45 days.

8.3 Remedies we may provide to you at our discretion include (without limitation):

• (a) information and explanation regarding the circumstances giving rise to the complaint;
• (b) an apology; or
• (c) subject to the remainder of this agreement, compensation for loss incurred by you as a direct result of our breach of this agreement (if any).

8.4 If you have an enquiry or complaint about the application or redemption process for a Trend, then it is best to contact Fundhost at:

• Telephone:02 8223 5400
• Fax: 02 9232 8600
• Email: admin@fundhost.com.au
• Post: PO Box N561
  Grosvenor Place NSW 1220
  

8.5 If you remain unhappy you can contact the independent Australian Financial Complaints Authority (AFCA). AFCA is an external dispute resolution body that has been approved by ASIC. AFCA is an independent body that assists Australian customers in the resolution of complaints relating to members of the financial services industry. AFCA’ contact details are:

• Australian Financial Complaints Authority
  GPO Box 3, Melbourne VIC 3001
  Telephone- 1800 931 678
  Email- info@afca.org.au
  Website- www.afca.org.au
  

Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

8.6 AFCA can consider claims of up to $500,000 (or higher if you and Fundhost otherwise agree in writing). AFCA is only able to make a determination of up to $280,000 per managed investment claim (excluding compensation for costs and interest payments). These monetary limits and the AFCA terms of reference do change from time to time. Current details can be obtained from the AFCA website (www.afca.org.au).

9 Website and security

Website

9.1 Our website is provided for use by Australian residents only and our Service is not directed at anyone outside Australia.

9.2 While we try to make sure there are no mistakes in the information on our website, we do not warrant the accuracy, adequacy or completeness of the information or that it is suitable for your intended use. So we recommend that you seek independent advice before acting on any information on our website.

9.3 The website is subject to change without notice. We will however provide prior notice where practicable of any changes that may have a material adverse effect on an investment in any of the Trends.

9.4 Our current website terms and conditions are accessible here

Accessing our website from a mobile device

9.5 If you access our website from a mobile device, you may not be able to access the full range of services which are ordinarily available from our website. If you are unable to view relevant information, you will need to obtain the information or document by accessing our website from a computer.

Website security

9.6 You must keep your membership login and password safe. We accept no liability for any unauthorised transactions where you have not kept your membership login and password safe. You must not share these details with anyone.

9.7 If your browser is set up correctly, it should tell you whether the information you are sending us is secure (encrypted) or not (unencrypted). If it is secure, we currently use 256 bit SSL encryption.

9.8 Although we regularly review developments in security and encryption, we do not guarantee that information transmitted over the internet is totally secure. Therefore, when you send us information (including via an on-line form), you do so at your own risk. Once we have received it, we take reasonable steps to keep the information secure while it is in our own systems. We encrypt personal information before sending it over the internet to third parties - even so, we do not guarantee that it is secure.

9.9 Your use of our website is at your own risk. We do not guarantee that our website is free from viruses, or that access to our site will be uninterrupted. You should therefore ensure that the way you access our website does not expose your equipment to the risk of viruses or other forms of interference which may damage it.

Copyright and trade marks

9.10 The material on our website is protected by copyright. Other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968 (Cth), you must not reproduce, upload to a third party, link to, frame, store in a retrieval system or transmit any part of it without our prior written consent. This prohibition applies to such actions regardless of their form or means (electronic, mechanical, microcopying, photocopying, recording, or otherwise).

9.11 You must not commercialise (in any form or by any means) any information or services contained on our website without our prior written consent.

9.12 Our website may include registered trade marks owned by us. You must not use any of these trade marks in any way without our prior written consent.

Security

9.13 You must take all reasonable steps to avoid unauthorised access to our Service by any person (including, without limitation, steps to protect passwords and user names required to use our Service).

10 Privacy matters

Collection, retention and disclosure

10.1 We collect and use personal information about you to administer our Service and also to conduct research.

10.2 By using our Service, you consent and agree to information about you being obtained and used by us. We will collect and use your information in accordance with our Privacy Policy, a copy of which is available free of charge here.

10.3 If you fail to provide us with the required information or if you provide us with incomplete or inaccurate information we may not be able to provide you with our Service.

10.4 Your information will not be disclosed unless:

• (a) the law requires (including, without limitation, if the AML/CTF Act requires us to disclose the information);
• (a) the law requires (including, without limitation, if the AML/CTF Act requires us to disclose the information);
• (c) we need to send you promotional material. If you do not want this, contact us and tell us any time.

10.5 We will contact you using the email address and phone number you provide. It is important that they are correct and remain up to date. If you think any of the details that we hold are wrong or out of date, please contact us and we will correct the details. You can always access the personal information held about you by contacting:

• 1800 589 778
  or email
  info@atlastrend.com

11 Things you must do

11.1 You must:

• (a) be over 18 years of age to use our Service and be an Australian citizen or resident;
• (b) download and keep a copy of our financial services guide here ;
• (c) if applicable, pay your membership plan fees on time. To this end, please make sure that your credit or debit card has sufficient funds to be able to pay our fees as and when they fall due;
• (d) where there are fees payable for your membership plan, provide us with accurate, and up to date, credit or debit card details. Please tell us of any changes to your credit or debit card at least 2 weeks before your next fees are due;
• (e) comply with the terms and conditions of use of our website and security protocols (see details above and here Terms of Use as well as agree to our Privacy Policy (see copy here Privacy policy); and
• (f) without limiting the above, otherwise agree to be bound by this agreement. You will be required to click “I Agree to the AtlasTrend membership terms” before proceeding to become a member. If you do not agree to these terms, or you do not understand them, don’t click “I Agree to the AtlasTrend membership terms”. Call us and we can explain it to you.

12 The fine print

Things we are not liable for...

12.1 Without limiting any other provision of this agreement, we are not liable to you (either jointly or severally or in equity, contract, tort or otherwise) for any loss, damage, liability, cost or expense suffered by you or any person in any way relating to our Service as a result of any of the following:

• (a) us acting in accordance with the terms of this agreement;
• (b) without limiting paragraph (a), with us acting in accordance with your instructions;
• (c) any delays in receipt of instructions from you;
• (d) any breach by you of this agreement;
• (e) any interruptions to our website (see clause 9);
• (f) us failing to do something because we are prohibited (or reasonably believe we are prohibited) from doing the relevant act by law, provided we have acted reasonably and advised you where practicable;
• (g) if we rely in good faith on any opinion, advice, statement or information from a professional advisor whom we believe in good faith to be an expert in relation to the matter on which they are consulted;
• (h) any event outside our reasonable control (including, without limitation, any flood, storm or other natural event, lockouts or individual action by any person, acts of war or terrorism, revolution, any failure of any telecommunications or computer equipment or events beyond our control);
• (i) any inaccurate or incomplete information you provide (or fail to provide as the case may be) to us; or
• (j) any investment you may make (or decline to make) directly in any company or trend we discuss as part of the Service.

12.2 To the fullest extent permitted by law, we are not liable for indirect, incidental, special or consequential damage.

Maximum liability

12.3 To the fullest extent permitted at law, we may only be held liable for an amount up to but not exceeding the value of your membership plan.

Other standard provisions

12.4 It is important to note the following standard legal provisions:

• (a) this agreement does not give rise to any partnership or joint venture. To the greatest extent possible, we do not owe you any fiduciary obligations and expressly exclude any that may apply;
• (b) invalid or unenforceable provisions are to be read down or severed to the extent needed;
• (c) we can deal with our rights under this agreement (for example, assign it to any other person) but must tell you. You cannot assign this agreement to any person;
• (d) this agreement binds lawful successors in title;
• (e) this agreement is the entire agreement of the parties about its subject matter and supersedes any prior communications;
• (f) this agreement it is governed by the laws of New South Wales. The parties agree to the non-exclusive jurisdiction of the courts there;
• (g) when we agree to do any thing, it will only be done on a business day. Business days are normal business days in Sydney, not being a weekend;
• (h) references to laws are as applicable and as amended from time to time;
• (i) rights are cumulative;
• (j) waivers must be in writing. A waiver is effective only in the specific instance and for the specific purpose for which it is given. A single or partial exercise of a right by a party does not preclude another or further exercise or attempted exercise of that right or the exercise of another right. Failure by a party to exercise or delay in exercising a right does not prevent its exercise or operate as a waiver;
• (k) this agreement can be amended by us at any time. We will advise you of any changes and, where practicable, give advance notice; and
• (l) to the maximum extent permitted by law, all restrictions on the exercise of our powers, or the obligations which might be imposed on us by law or equity, are expressly excluded to the extent permitted at law.