Terms of Use

Application of conditions of use.

Ares Australia Management Pty Ltd  (ABN 51 636 490 732, AFSL 537 666) (Ares Wealth Management Solutions, AWMS or Ares), an affiliate of Ares Management operates this website, www.areswms.com.au. With the exception of the information provided on this website in respect of the Ares Global Credit Income Fund (ARSN 639 123 112) for retail clients (and for which Fidante Partners Limited (ABN 94 002 835 592, AFSL 234668) (Fidante) is responsible entity and issuer), the information on this website is for use by wholesale clients only (within the meaning of the Corporations Act 2001 (Cth)) and no other persons.

These Conditions of Use, together with any other terms, notices or disclaimers contained elsewhere on the AWMS website, govern the supply of material on, use of and access to the AWMS website. By accessing the AWMS website, you agree to be bound by these Conditions of Use and any modifications of them.

Information and accuracy

Information provided on the AWMS website:

  • is intended for Australian residents only and may not comply with non-Australian laws;
  • is of a general nature and does not take into account your individual circumstances, financial needs or objectives;
  • is not intended to be investment advice nor a recommendation or statement of opinion about any particular financial product or class of financial products or securities. As a result, it should not be relied upon in acquiring any product or service offered by AWMS;
  • is provided in good faith and derived from sources believed to be accurate and current at the date of publication.

AWMS does not guarantee the accuracy, adequacy or completeness of information on the AWMS website or that the website is otherwise free from error, omission or other defect. AWMS reserves the right to change any information provided on the AWMS website without notice.

AWMS does not guarantee that your use of the AWMS website will be uninterrupted, timely or secure.

Unless otherwise specified, all references to currency are to Australian dollars.

Your conduct

You warrant that when accessing and using the AWMS website you will not use the website for any purpose that is unlawful or prohibited by these Online Conditions of Use or any other term, notice or disclaimer appearing on the AWMS website. You also agree to not use the AWMS website in any way that interferes with other users.

AWMS is under no obligation to update this website. You should check whether information on the website is out of date.

AWMS retains the right to monitor your use of the website and prevent further access at any time in its discretion.

Copyright and trademarks

The material on the AWMS website is protected by copyright. You may only use this material for your own personal reference. You must not otherwise use, reproduce, publish, modify, distribute, link, frame, transmit in any form or by any means, electronic or mechanical, for any purpose, any of the material on the AWMS website, except with the prior written permission of AWMS.

Trademarks used on the AWMS website are the property of AWMS or third parties with which AWMS has an association. You must not use a trademark used on the AWMS website without the prior written consent of the owner of that trademark.

Links to third party websites

The AWMS website may contain hyperlinks and other pointers to websites operated by third parties. These linked websites are not under AWMS’s control, and AWMS is not responsible for the contents of any linked website or any hyperlink contained in a linked website. AWMS provides these hyperlinks as a convenience only, and the inclusion of any link does not imply any endorsement, or guarantee of accuracy of the contents, of the linked website by AWMS. You agree to access any such third-party website entirely at your own risk.

Limitation of liability

You agree that your use of the AWMS website and reliance on any information contained on the website, is entirely at your own risk. To the extent permitted by law, AWMS excludes all liability for any loss or damage (including indirect or consequential loss or damage) you or any other person suffers in connection with your use of the AWMS website, including your reliance on any information contained on the AWMS website.

AWMS’s liability for breach of any warranty or condition implied by law that cannot be excluded is limited, at AWMS’s option, to:

  • in the case of services supplied or offered by AWMS:
  • the re-supply of those services; or
  • the cost of having those services re-supplied; and
  • in the case of goods supplied or offered by AWMS:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods; or
  • the cost of having the goods replaced or repaired.

Privacy

Your personal information will be collected and used by AWMS in accordance with its Privacy Policy.

Governing Law

These Online Conditions of Use and other terms, notices and disclaimers appearing on the AWMS website, are governed by the law in force in the state of New South Wales. 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 online conditions of Use.