Reach Financial Group General Terms
Reach Financial Group (AFSL 333297) through its Corporate Authorised Representatives; Reach Markets, Reach Trading and Reach Trading Premium aims to empower the self-directed investors and traders with exclusive access to investment opportunities, industry experts, and the best tools.
We recommend you read the document in its entirety although not all of it may be applicable to you depending on which Reach services you use.
If you have any questions, please do not hesitate to contact us on [email protected] or 1300 805 795.
We look forward to working with you.
TERMS OF YOUR AGREEMENT WITH REACH FINANCIAL GROUP PTY LTD AFSL 333297
ABN 17 090 611 680
1. Your trading account and agreement with Reach
- By completing an application form you accept and agree to be bound by the terms and conditions set out in this document (Terms and Conditions) which become a legally binding agreement between you and Reach.
- You MUST read and understand these Terms and Conditions. If you do not understand these Terms and Conditions, or any part of them, we recommend you obtain advice from your lawyer before you agree to them.
2. Role of Reach and our relationship with you
- Reach Financial Group Pty Ltd holds AFSL 333297. These terms apply to your dealing with Reach Financial Group Pty Ltd and each of its related bodies corporate and representatives if you deal with those entities, including without limitation, each of Reach Trading Pty Ltd (ABN 16 615 714 442), Reach Trading Premium Pty Ltd (ABN 60 627 483 194) and Reach Markets Pty Ltd – ABN 36 145 312 232. A reference to Reach in these terms is as reference to each of these entities as applicable.
- Reach may arrange for, or engage on your behalf, third party service providers such as stockbrokers. When you engage a third party provider on this basis, any terms and conditions or disclosures applicable to the third party provider’s products or service apply to you. Instructions provided to or dealings made with the third party by Reach are made on your behalf pursuant to the terms and conditions entered into by you to receive those products or services.
3. Trading and transactions
- Reach may at any time, in its absolute discretion, refuse to accept any Order from, or execute Orders for you.
- You must ensure that payment in full in respect of an acquisition of a financial product is received by Reach, or where the relevant transaction is made through a third party and settlement is due to the third party, that third party, before the Settlement Date and Time.
- You must deliver to Reach, or where the transaction is made through a third party and settlement is due to the third party, that third party, all documents and security holder information (including the holder identification number or personal identification number and, if applicable, holder reference number) no later than two business days before the Settlement Date and Time.
- You will be given trade confirmations or statements as required by the Corporations Act and relevant market rules (Confirmation). You authorise Reach to give Confirmations to you electronically to the email address notified to Reach by you from time to time for this purpose. If a relevant transaction is executed by a third party, the third party may provide the Confirmation to you and you agree that if Reach is obliged to provide to you a Confirmation, the Confirmation provided by the third party is also provided on behalf of Reach. If the trading account is for joint holders and an email address is not provided for a joint holder, that joint holder authorises Reach to send any Confirmation to that joint holder at the email address provided for the trading account and by so sending the Confirmation Reach will be taken to have sent the email to that joint holder. Reach may not provide you with paper copies of Confirmations.
- You agree to promptly check the accuracy of every Confirmation sent to you and to notify Reach immediately of any error that you consider may have occurred. In the absence of such notification from you within 24 hours, you will be taken to have accepted the accuracy of the Confirmation.
- You acknowledge that, if you fail to make any payment due to Reach or deliver any documents or security holder information to Reach or otherwise comply with the settlement obligations that you owe to Reach or a third party in relation to a transaction (fail to settle), Reach may do any one or more of the following:
- charge an administration fee calculated by reference to the additional cost which may be incurred by Reach (including any fail fees imposed by a securities exchange) as a result of your failure to settle;
- levy a default charge on the amount from time to time outstanding at a rate of up to 15% per annum;
- sell out (or procure the sellout of) any products purchased (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Reach and to recover Reach’ costs in so acting;
- buy in (or procure the buy in of) any products sold (and you are fully responsible for any loss in connection with such purchase) and recover Reach’ costs in so acting;
- sell out (or procure the sellout of) any products otherwise held on your behalf (and you are fully responsible for any loss in connection with such sale) and apply the proceeds in reduction of your liability to Reach and to recover Reach’ costs in so acting;
- apply any cash held by Reach (or to which Reach has access) on your account, or payments received for or from you in reduction of your liability to Reach; or
- cancel any of your unexecuted Orders,
and you authorise Reach and each of its directors and employees as your attorney to give instructions on your behalf in respect of your holdings including without limitation any broker sponsored CHESS holdings, or held by a related body corporate or affiliate of Reach in nominee holdings, and in respect of call deposit facilities or cash management trust accounts on which either Reach is authorised to give instructions, to enable Reach to realise those products or funds and apply the proceeds in reduction of your liability to Reach and to recover Reach’s costs in so acting.
- You must pay or reimburse Reach any such administration fees and default charges (together with any GST payable on those amounts) immediately upon demand or at Reach’s option it may deduct such administration fees and default charges (and any GST) from any sale proceeds or other amounts otherwise payable to you.
- The manner in which Reach may exercise or not exercise, or the timing of or any delay in any exercise by Reach of, any right of Reach under this clause is not to be taken to be financial product advice by Reach to you, and you must not represent to any person that it is financial product advice by Reach.
- Reach will not be liable to you for any failure by Reach to exercise (or any delay in the exercise by Reach of) any right Reach may have against you, or any loss incurred by you as a result of Reach not exercising any of its rights against you immediately, or at all, following any failure by you to comply with your obligations.
- You acknowledge:
- Reach, and its related bodies corporate, may deal in financial products on the ASX or Chi-X as principal;
- that in certain circumstances, Reach may (either acting for another client or on its own account) enter into the opposite position in a transaction with you, as principal;
- you consent to Reach entering into any such transaction with you; and
- you agree that such consent shall continue until it is revoked in writing by you.
- You agree Reach is not responsible for any loss arising from any investment or dealing you make relying on advice given by Reach where that advice is given in accordance with applicable laws.
- You acknowledge that Reach is not required to monitor or manage your investments and that Reach will not act with discretion for you in respect of your investments unless you have entered into a separate agreement with Reach.
- If Reach gives advice, Reach shall exercise due skill, care and diligence but does not guarantee the repayment of capital or the performance of any investments or otherwise make any representation concerning the performance of your investments, account or any particular transaction.
- You acknowledge that Reach does not provide personal advice and any advice provided by Reach is general in nature and does not take into account your objectives, financial situation or needs. You agree that you shall:
- assess the appropriateness of each investment, trading or financial decision having regard to your particular needs, financial situation and objectives;
- where applicable, obtain, read and understand the relevant Disclosure Statement;
- if you determine you require personal advice, seek personal advice from someone other than Reach.
3B. Wholesale clients
- This clause applies if you are a wholesale client or professional investor.
- You represent and warrant to Reach that:
- you are a wholesale client as that term is defined in s761A and s708(8) of the Corporations Act or you are a professional investor under the Corporations Act;
- none of the financial products or services provided to you by Reach is for use in connection with a business;
- if you qualify as a wholesale client pursuant to s761(7)(c) or 708(8) of the Corporations Act, in each of the 2 financial years preceding each investment you make with Reach as a wholesale client, you had:
- a gross income of $250,000 or more per annum; or
- net assets of at least $2.5 million; and
- your income or assets assessed by a qualified account who produced a certificate verifying your income or assets not less than 6 months prior to making the investment with Reach;
- you will not seek to make any investment as a wholesale client, and you will notify Reach immediately, if at any time you cease to be a wholesale client or professional investor.
- You acknowledge and agree that:
- Reach will rely upon the representations and warranties above and but for you making the representations and warranties Reach would not provide services to you as a wholesale client;
- Reach will treat you as a wholesale client and not as a retail client under the Corporations Act and you will:
- not receive any statutory protections afforded to retail clients; and
- not receive for the purposes of investments made as a wholesale client disclosure documents from Reach regarding the products or services in which you invest including a Financial Services Guide or Product Disclosure statement
3C. Trading Systems
- Reach may provide to you, or arrange for you to have access to, electronic trading systems through which you are able to enter Orders for delivery to trade execution providers.
- You acknowledge that all Orders submitted by you through an electronic trading system are routed to a third party execution provider and:
- may be executed manually by a trade operator or through an automated order system operated by the third party. Execution of an Order is subject to the availability of the third party execution provider and the operation of their automated order system and may be delayed or rejected by the third party execution provider;
- any reporting of the status of an Order in an electronic trading system is subject to receipt by Reach or its electronic trading system of transaction reports from the third party execution provider; and
- the third party execution provider may purge orders from its trading platform and these Orders will not be automatically resubmitted by the electronic trading system. Derivatives orders will be on placed with the third party execution provider on a day-only basis and will be purged from the market trading platform after the market trading session at or about 430pm.
- are responsible for all Orders submitted through an electronic trading system, regardless of who enters such Orders and regardless of whether or not there is an error in the Order entry;
- are bound by any agreement entered into by you or on your behalf in reliance on such Orders;
- are liable for any reasonable expense incurred by Reach in reliance on such Orders; and
- accept the sole risk and responsibility for Orders submitted by it through an electronic trading system Service, including any Order submitted in error;
- accept that Reach is not responsible for the acts and omissions of the third party execution provider or any error in execution, reporting or management of an Order by the third party execution provider and that you have a direct relationship with the third party execution provider relating to their services.
- Reach is not in any way responsible or liable to you for any loss that results from your use of any electronic trading system or from any failure, error or defect of or in an electronic trading system and;
- you are solely responsible for assessing the adequacy of the system and for deciding whether or not to use it; and
- it is your responsibility to obtain, at its own expense, all hardware and software to be used by you in connection with use of the system.
- You acknowledge and agree that;
- you are and will at all relevant times be authorised to make communications to Reach by email;
- communication by email is not a secure means of communication and involves higher risks of distortion, manipulation and attempted fraud;
- you authorize Reach to accept and act without any inquiry upon, communications (including instructions) provided by email which appear to Reach to have been provided by or for you; and
- you indemnify Reach in respect of any and all claims, liabilities, direct or consequential losses, costs, charges or expenses (of any nature) incurred or suffered by Reach as a result of Reach acting on communications (including instructions) provided by email.
- You acknowledge that you are, and remain, solely liable and responsible for all acts and omissions of any person you authorise to provide instructions to Reach regarding your account or transactions even if (but not limited to) the act or omission of the authorised person was outside of their actual or ostensible authority or was in error, or was fraudulent, negligent, in breach of contractual, statutory or fiduciary duties or was criminal.
- Reach is under no obligation to verify the authenticity of any instruction or purported instruction and may act on any instruction, without further enquiry or delay, from any person that Reach reasonably believes to be you or an authorised person.
- Reach in its sole discretion may (without the need to provide any reason) decline your instructions and not act on a particular instruction given, or purported to be given, and may defer action or seek further information (including a verification of an instruction) as Reach may see fit.
- You agree Reach is not liable for any loss, cost or expense or inconvenience suffered or incurred by you as a result of Reach not acting, or delaying to act on, an instruction, or cancelling a transaction. You acknowledge that Reach is not responsible for missed market opportunities during the time required to comply with our internal procedures, including for opening accounts and verifying client
5. Indemnity and liability
- Reach is not liable to you for loss caused by or arising from, whether directly or indirectly:
- any delay, fault, failure in or loss of access to Reach services;
- any failure, malfunction or defect of Reach software, electronic or mechanical equipment, or telecommunication channels or connections or any electronic trading system provided by Reach or any thjrd party;
- any delay or failure by Reach in acting on an order or instruction from you; or
- any misinterpretation of instructions from you which are unclear, ambiguous, incomplete or not specific.
- You must, to the maximum extent permitted by law, at all times and from time to time, indemnify and keep each of Reach and its related bodies corporate and any of their respective directors, officers, contractors, agents and employees (each an Indemnified Person) harmless from and against all liabilities, losses, damages, costs or expenses directly or indirectly suffered by the Indemnified Person and from and against all actions, proceedings, claims for damages made against the Indemnified Person as a result of:
- any transaction entered into by Reach on your behalf;
- any delay in the execution of an Order or instruction
- any use of an electronic trading system;
- any failure by you to settle;
- any other breach by you of these Terms and Conditions;
- any breach by you of any other agreement with Reach;
- any breach by you of any representation or warranty made or taken to have been made by you not being true or correct; and
- any instruction given to Reach.
6. Fees and commission
- You agree to pay all Fees attributable to the services we provide you, including our fees and any fees charged by a third party in relation to the services.
- Reach reserves the right to vary our fees at any time in accordance with this agreement.
- We are not obliged to transfer financial products purchased where payment for them remains outstanding.
- Unless expressly stated otherwise, all fees, charges and other consideration to be provided under these terms and conditions are GST inclusive. Unless a fee is expressly stated to be exclusive of GST, you agree to pay us the GST amount.
8. Electronic identity verification
- Reach may use the personal information collected about you for the purposes of verifying your identity in accordance with our obligations under Anti-Money Laundering Laws. Conducting an electronic verification of your identity may involve Reach disclosing your personal information which you provide to us to the Official Record Holder or issuer of your identity record (eg. drivers licence or passport) via third party providers which utilise the government managed Document Verification System (DVS).
- Reach will receive a report from the Official Record Holder or issuer of your identity record through the DVS. When conducting customer identification Reach may disclose personal information about you to a credit reporting agency for the purposes of providing an assessment as to whether the personal information matches (in whole or part) personal information contained in a credit information file in the possession or control of the credit reporting agency. The credit reporting agency may provide Reach with the assessment and the credit reporting agency may use the personal information about you including your name, residential addresses and date of birth contained in credit information files of other individuals, for the purpose of preparing the assessment. By agreeing to these terms and conditions, you consent to electronic identity verification and to Reach providing your personal information to a credit reporting agency.
9. Joint Holder
If you are a joint holder, these terms and conditions bind each person jointly and severally, and each person is authorised to issue instructions to Reach and give receipts to Reach in relation to any purchase or sale of products or other matters to which these terms and conditions relate.
10. Account for Trust
You warrant that if you enter into this agreement with Reach as a trustee, you have the authority to enter into these terms and conditions and any related agreement to these terms in both your personal capacity and as a trustee.
11. Telephone recording
You agree and consent to:
- the electronic recording by Reach of the telephonic conversations between you and Reach with or without an automatic tone warning device;
- the use of recordings or transcripts from such recordings for any purpose which Reach deems desirable, including without limitation their use as evidence by either party in any dispute or anticipated dispute between Reach and you; and
- Reach keeping the recording for as long as it sees fit.
12. Electronic correspondence
You hereby nominate your email address (as provided to Reach from time to time) for the purpose of receiving all communications and consent to receiving (and authorise Reach to use your email address to send to you) any disclosure Document Reach is required to provide to you including any updates to these documents. You agree that Reach may:
- provide to you a link to a Disclosure Document such that you are able to access the document electronically; and
- provide to you a Disclosure Document by means of an electronic portal or application service by which you are able to access the documents.
You may opt out of a receiving a Disclosure document electronically by giving notice to Reach within 7 days of agreeing to these terms and conditions we will arrange for you to receive a hard copy of the documents. You agree that you will retain a copy of each Disclosure Document provided to you by downloading or otherwise making a copy of the document.
13. Tax file number
Quotation of your Australian tax file number (TFN) is optional. Reach is an Australian financial service licensee that is authorised by law to request your TFN. You are not required to provide your TFN. If Reach is unable to quote your tax file number or exemption to registries, they may be obliged to take tax at the highest marginal rate from any dividends, distributions, interest and payments to which you are entitled and you may wish to seek independent advice in this regard. By providing a TFN you appoint Reach as your agent and request and authorise Reach to:
- provide your Tax File Number to investment bodies with whom Reach acts on your behalf;
- apply your TFN to any investment or account which you may in future make or open with or through Reach (and its related bodies corporate) to which your TFN may lawfully be applied; and
- you acknowledge that this authority will apply until such time as it is revoked in writing to Reach.
- These terms and conditions may be amended by Reach from time to time by notice to you. Where the variation is minor or its effect is in the opinion of Reach not materially adverse to you, Reach may post an update of these terms and conditions on its website or make it available to you in accordance with clause 12. For any other amendment, Reach will give you 5 days notice, after which time the amendment will become effective and such notice may be given in accordance with clause 12.
- You acknowledge and agree that by transacting with Reach, or by receiving any service from Reach, you are bound by these terms and conditions in the form that they appear on the Reach website at the time that the transaction occurs or the service is received.
Reach may terminate this agreement with you and close your account by giving written notice to you. You may terminate this agreement and close your account by giving written notice to Reach. The termination of this agreement does not affect any rights or obligations of the parties which may have accrued prior to the termination of this agreement.
16. Governing law
These Terms and Conditions are governed by the law in force in Victoria and you and Reach submit to the non-exclusive jurisdiction of the courts of Victoria and courts which may hear appeals from those courts.
Disclosure Documents includes any financial services disclosures under the Corporations Act or other applicable law such as (without limitation) a Financial Services Guide, confirmation, policy documents, Product Disclosure Statement, client agreement and these Terms and Conditions (including any part thereof).
Fees means the fees and charges applicable to the services provided to you by Reach as set out in the Reach Financial Services Guide or as otherwise agreed between you and Reach.
Order means an order or instruction for the sale, purchase, issue or redemption of financial products to be executed or facilitated by Reach.
Settlement Date and Time is the date and time that is specified on the relevant transaction confirmation or transaction documentation or as otherwise notified to you by Reach or third party.