TERMS OF USE

Portica Securities Pty Ltd(“Portica”) may transfer personally identifiable information to any successor to all or substantially all its business or assets concerning the service.

SECURITY

Portica is committed to ensuring that the personal information you provide is protected from unauthorised alteration and is only accessible to Portica employees or third parties contracted to Portica who require the personal information to assist us in meeting the purpose for which it was collected. Information collected by Portica is stored in secure operating environments that are not made generally available to the public. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, Portica cannot ensure the security of any information you provide, and you do so at your own risk. Once Portica receives your transmission, it will make reasonable efforts to ensure the security of its systems. If the information we collect is no longer current or becomes inapplicable, we will promptly delete it from our records. If your personal information is disclosed to any third party, we will require it to implement appropriate confidentiality safeguards to respect your right to privacy.

THIRD-PARTY SITES

The Site may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Portica’s control. The privacy and security practices of websites linked to or from the Site are not covered by this Privacy Policy. Portica is not responsible for such websites’ privacy, security practices, or content.

OPT-OUT

If you change your mind about Portica’s use of the User Data you volunteered, you may email support@portica.com.au with your electronic mail address.

CHANGES

At its sole discretion, Portica reserves the right to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

CONTACT

If you have questions regarding this Privacy Policy or your dealings at this Site, please contact support@portica.com.au.

ACCEPTANCE OF TERMS

The following terms and conditions govern all use of the www.portica.com.au website (the Site). The Site is offered subject to acceptance without modification of any of the terms and conditions contained herein or all other operating rules, policies, and procedures that may be published from time to time on this Site by B. Moses Private Wealth Pty Ltd (Portica) (collectively, the Terms of Use). If you do not agree to these Terms of Use, do not access or use the Site. By viewing the Site, you agree to be bound by all of these terms of use.

RULES OF CONDUCT

As a condition of use, you promise not to use the Site for any purpose unlawful or prohibited by these Terms of Use or any other purpose not reasonably intended by Portica. You agree to abide by all applicable local, state, national, and international laws and regulations.

PROPRIETARY RIGHTS

You agree that all content and materials delivered via the Site and the Service or otherwise made available by Portica at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorised by Portica in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Site for your internal business purposes, provided that you retain all copyright and other proprietary notices contained therein.

WAIVER OF RIGHTS

If Portica and its subsidiaries waive any of its rights under the Terms and Conditions, it may decide not to waive that right or those rights in the future.

ACCESSING WEBSITE ON MOBILE PHONES

You may access, view, and download some of the content from the website on your mobile phone. The contents of the services on the website are offered without charge, but you should consult your telecommunications service provider to see what carrier charges you may incur.

CHANGING TERMS AND CONDITIONS

Portica may change the Terms and Conditions without notice to you at any time for any reason without giving you any explanation or justification.

NO WARRANTIES

The Site and all materials, information, software, products, and services included in or available through the Site (the content) are provided “as is” and “as available”. The Site, Service, and content are provided without warranty of any kind, express or implied, including but not limited to the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. 

Portica and its affiliates, licensors, and suppliers do not warrant that: 

◉ The content is timely, accurate, complete, reliable, or correct; 

◉ The Site will be secure or available at any particular time or location; 

◉ Any defects or errors will be corrected; 

◉ The content is free of viruses or other harmful components; or 

◉ The results of using the Site or service will meet your requirements. Your use of the Site and/or service is solely at your own risk.

LIMITATION OF LIABILITY

In no event shall Portica (or its affiliates, licensors, and suppliers) be liable concerning the subject matter of these Terms of Use, regardless of the form of any claim or action (whether in contract, negligence, strict liability, or otherwise), for any (1) matter beyond its reasonable control, (2) loss or inaccuracy of data, loss or interruption of use, or cost of procuring substitute technology, goods, or services, or (3) direct or indirect, punitive, incidental, reliance, special, exemplary, or consequential damages including, but not limited to, loss of business, revenues, profits, or goodwill, even if Portica has been advised of the possibility of such damages. These limitations are independent of all other provisions of this agreement and shall apply notwithstanding the failure of any remedy provided herein.

MISCELLANEOUS

These Terms of Use shall be governed by and construed per the laws of the Federal Laws of Australia, excluding its conflicts of law rules. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. Portica may assign, transfer, or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in writing and signed by Portica, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect.

FRAUD CHECK

BMH and its subsidiaries, including Portica,  are committed to providing their clients with the highest quality of services in a trusted ecosystem.

Internet fraud is a major concern for financial services providers worldwide. Most internet and email scams usually involve an email claiming to be from your financial service provider. It usually asks you to send your account details, such as your password or PIN, either by return email or through a website link.

The fraudsters may use various tricks to lower your guard, such as security and maintenance upgrades and investigation of irregularities, bills, or charges due. Here are some safety checks you may find helpful:

◉ You should always make reasonable attempts to contact your Portica representative over the phone when you are unsure of any suspicious activities or requests.

◉ Suspect a scam if you are asked for your account details via email.

◉ Keep your computer secure by updating your virus protection regularly and immediately deleting suspicious emails without opening them.

◉ Do not access the website from an email or Internet links.

◉ Only access the website by typing the Website address in the address bar of your web browser or by using your “favourites.”

◉ Ensure you are taking privacy precautions and keep your login details and password secret.

◉ Always avoid personal transactions at public places like Internet cafes, community centres, and libraries.

We do not request personal information such as login ID or bank details via email. Contact Portica or your Portica representative immediately if you receive any emails or web links from Portica or its subsidiary that request any personal information relating to the services they provide to you. You can obtain more information on fraud from FIDO, the consumer section of the Australian Securities and Investments Commission website.

COPYRIGHT AND TRADEMARK NOTICES

Unless otherwise indicated, these Terms of Use and all Content provided by Portica are copyright © 2024 B. Moses Holdings PTY LTD (BMH) and its subsidiary companies B. Moses Asset Management Pty Ltd (BMAM), B. Moses Securities Pty Ltd (BMS), and B. Moses Private Wealth Pty Ltd (BMP Wealth) and Portica Securities Pty Ltd. All rights reserved. B. Moses and the Portica logo are trademarks of B. Moses Holdings and its subsidiary companies.

GOVERNING LAW

The Terms and Conditions are governed by and interpreted in accordance with the law in force in New South Wales (NSW). You submit to the exclusive jurisdiction of the courts of NSW.

Note that B. Moses Holdings Pty Ltd and its subsidiaries, including Portica Securities Pty Ltd, reserve the right to maintain non-exclusive jurisdiction over any dispute related to your use of this service. In the event of a dispute, we reserve the right to bring proceedings to the courts of your location. If any term is determined to be invalid, unlawful, or unenforceable, it will be severed, with the remaining terms continuing to be valid and enforceable to the fullest extent permitted by law.