PICA Group website terms of use

This website is operated by Prudential Investment Company of Australia Pty Ltd (ACN 004 266 817), its related companies, operating entities and trusts (collectively PICA Group) under the domain name  www.picagroup.com.au. PICA Group also operates various other related websites for various operating entities (collectively the “Website”). These terms of use, the PICA Group Privacy Policy and any other terms, conditions, notices or disclaimers displayed on the Website apply to the Website (collectively “Terms of Use”).

 

The Terms of Use also apply to your use of any mobile apps that may be owned and/or operated by PICA Group (the “Mobile Apps”).

 

By proceeding beyond the homepage of the Website and/or using any Mobile Apps you agree that you accept the Terms of Use.

 

PICA Group may revise the Terms of Use from time to time without notice. Any such revision will take effect when it is posted on the Website and/or Mobile Apps. Your continued use of the Website and/or Mobile Apps will be regarded as your acceptance of the Terms of Use as amended from time to time.

 

 

PICA Group has the right to vary access to any and all part(s) of the Website and/or Mobile Apps.

Your conduct when using the Website and/or Mobile Apps

You acknowledge and accept that your use of the Website and/or Mobile Apps indicates your acceptance of the Terms of Use and that you are responsible for all of your activity in connection with accessing the Website and/or Mobile Apps.

In accessing the Website and/or Mobile Apps, you must not:
• use, copy or translate for commercial use, reproduce, adapt, vary or modify any material in any form on the Website and/or Mobile Apps without the prior written consent of PICA Group;
• engage or make attempts to engage in any kind of activity which would breach any laws or regulations through the use of the Website and/or Mobile Apps;
• post or transmit to or via the Website and/or Mobile Apps any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication;
• take any steps to obtain unauthorised access to the Website and/or Mobile Apps or any parts thereof that are not open to public access;
• capture, alter, disrupt or interfere with or make attempts to capture, alter, disrupt or interfere with the Website and/or Mobile Apps or any services, system resources, accounts, servers or network connected to or accessible through the Website and/or Mobile Apps;
• use any robot, spider or any other automatic device or manual process to monitor, copy or extract any web pages or any content on the Website and/or Mobile Apps, without the prior written consent of PICA Group; or
• take, or attempt to take any action that imposes an unreasonable or large load on the infrastructure of the Website and/or Mobile Apps.

Links to other websites

The Website and/or Mobile Apps may contain links to other websites operated by third parties (the “Third Party Websites”). The links are provided solely for your convenience and do not indicate that PICA Group endorses, or approves of the operators of Third Party Websites, or the information, graphics and material on those Third Party Websites (“Third Party Material”).

Your access to Third Party Websites may be governed by their own terms of use and you do so solely at your own risk.

You may not create a link to the Website from another website or document without the prior written consent of PICA Group.

Your conduct when using the Website and/or Mobile Apps

The Website and/or Mobile Apps may contain links to other websites operated by third parties (the Third Party Websites”). The links are provided solely for your convenience and do not indicate that PICA Group endorses, or approves of the operators of Third Party Websites, or the information, graphics and material on those Third Party Websites (“Third Party Material“).

 

Your access to Third Party Websites may be governed by their own terms of use and you do so solely at your own risk.

 

 

You may not create a link to the Website from another website or document without the prior written consent of PICA Group.

User Responsibility

You acknowledge and accept that your use of the Website and/or Mobile Apps indicates your acceptance of the Terms of Use and that you are responsible for all of your activity in connection with accessing the Website and/or Mobile Apps.

In accessing the Website and/or Mobile Apps, you must not:
• use, copy or translate for commercial use, reproduce, adapt, vary or modify any material in any form on the Website and/or Mobile Apps without the prior written consent of PICA Group;
• engage or make attempts to engage in any kind of activity which would breach any laws or regulations through the use of the Website and/or Mobile Apps;
• post or transmit to or via the Website and/or Mobile Apps any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication;
• take any steps to obtain unauthorised access to the Website and/or Mobile Apps or any parts thereof that are not open to public access;
• capture, alter, disrupt or interfere with or make attempts to capture, alter, disrupt or interfere with the Website and/or Mobile Apps or any services, system resources, accounts, servers or network connected to or accessible through the Website and/or Mobile Apps;
• use any robot, spider or any other automatic device or manual process to monitor, copy or extract any web pages or any content on the Website and/or Mobile Apps, without the prior written consent of PICA Group; or
• take, or attempt to take any action that imposes an unreasonable or large load on the infrastructure of the Website and/or Mobile Apps.

Links to other websites

The Website and/or Mobile Apps may contain links to other websites operated by third parties (the “Third Party Websites”). The links are provided solely for your convenience and do not indicate that PICA Group endorses, or approves of the operators of Third Party Websites, or the information, graphics and material on those Third Party Websites (“Third Party Material”).

Your access to Third Party Websites may be governed by their own terms of use and you do so solely at your own risk.

You may not create a link to the Website from another website or document without the prior written consent of PICA Group.

Termination and suspension

PICA Group reserves the right without notice and in its sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through the Website and/or Mobile Apps as well as the Website and/or Mobile Apps itself at any time.

Disclaimers

While PICA Group has endeavoured to ensure that all information provided on the Website and/or Mobile Apps is complete, accurate and up to date, the Content and the Website and/or Mobile Apps are provided on an “as is” basis. PICA Group takes no responsibility for any error or omission relating to this information of any kind whatsoever.

 

PICA Group:

 

  • disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement;
  • will not be liable to you for any cost, loss or damage suffered by you through your use of the Website and/or Mobile Apps or PICA Group’s failure to provide access to the Website and/or Mobile Apps or any Third Party Websites or any information updates;
  • will not be liable to you for any cost, loss or damage suffered by you due to the existence of any inaccurate, incomplete or outdated material on the Website and/or Mobile Apps;
  • the Content may contain general information about PICA Group’s products and services. Unless expressly stated otherwise, the Content does not:
    • constitute an offer or inducement to enter into a legally binding contract;
    • form part of the terms and conditions for PICA Group’s products and services;
    • purport to provide you with personal financial or investment advice of any kind whatsoever; or
    • take account of your particular financial position or circumstances.

 

Your use of the Website and/or Mobile Apps including all Content, data or software distributed by, downloaded or accessed from or through the Website and/or Mobile Apps is at your own risk. Before taking or refraining from any action in reliance on the Content or the Website and/or Mobile Apps, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in the Website and/or Mobile Apps.

Warranties

PICA Group does not warrant or make any representations:

 

  • that the Website and/or Mobile Apps or the server that operates them is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing the Website and/or Mobile Apps;
  • in relation to the use or the results of the use of the Content or the Website and/or Mobile Apps as to their correctness, accuracy, reliability, or otherwise;
  • that use of the Website and/or Mobile Apps will be compatible with the hardware and software you are using to access it; or
  • that the functions contained in the Website and/or Mobile Apps or Third Party Websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the Website and/or Mobile Apps and other Third Party Websites are free of harmful components.

Liability

PICA Group will not be liable for any indirect or consequential losses of any kind whatsoever arising out of a breach of these Terms of Use or arising out of the supply of a defective program or incorrect materials.

 

PICA Group (including our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content or the Website and/or Mobile Apps (or material accessed via the Website and/or Mobile Apps), or to access of the Website and/or Mobile Apps by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on PICA Group under any law are hereby excluded.

 

To the extent permitted by law, all implied terms are excluded.

 

Indemnity

You agree to indemnify and keep PICA Group (and its related bodies corporate, directors, officers, employees, agents and contractors) fully indemnified from any claim, action, demand, loss or damage made or incurred by any third party arising out of or relating to your conduct, your use of the Website and/or Mobile Apps, your breach of provisions these Terms of Use, or your breach of any rights of third parties.

Waiver

Failure or neglect by PICA Group to enforce any of the provisions under these Terms of Use shall not be construed or deemed to be a waiver of the rights of PICA Group.

PICA Group marketing collateral, product information and other documents

 

Material on the Website and/or Mobile Apps may contain general information about our products and services. Unless expressly stated otherwise this information does not form part of the terms and condition for PICA Group’s products and services.

 

We may from time to time provide or issue you with marketing collateral and other documentation (“Marketing Collateral”) in relation to any query you may have about our products and services. While every effort has been made to ensure the accuracy of the content in these materials, PICA Group make no representations or warranties in relation to the accuracy or completeness of the information provided.

 

 

All information provided is an indication of the potential nature and scope of PICA Group’s product and service offering which can be offered to you. Any information including facts, opinions or quotations are a general guide and may be conveniently summarised for ease of reading. This information may change without notice to you which PICA Group is under no obligation to ensure you are advised of. 

Intellectual property rights

PICA Group is either the owner or the licensed user of the copyright in the materials and information on the Website and/or Mobile Apps including without limitation any logo, design, text, graphic and their arrangement (the Content”). Unless otherwise indicated, you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means without the prior written consent of PICA Group or the written consent of the copyright owner. You may access and use the Content and the Website and/or Mobile Apps for your own personal use only. Unless otherwise expressly permitted, you must not do anything to alter, modify, or add to the Content.

 

You acknowledge and agree that if you contribute Content to the Website and/or Mobile Apps, such Content will become the property of PICA Group and you hereby assign all rights, title and interests in and to such contributions to PICA Group.

 

Any comments or materials sent to us through the Website and/or Mobile Apps including feedback data, questions, comments and suggestions (”Feedback”), will be deemed to be non-confidential.  PICA Group has no obligation of any kind with respect to such Feedback and will be free to reproduce, exhibit, use, disclose, display, transform and distribute the Feedback to others without limitation. In addition, PICA Group will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback.

 

PICA Group reserves the right to remove any Content from the Website and/or Mobile Apps at any time and for any reason including, but not limited to, upon receipt of claims and/or allegations from third parties or authorities relating to such Content.

 

Trademarks

The PICA Group name and logo and any and all other associated trademarks are trademarks of PICA Group.

 

Any other trademarks appearing on the Website and/or Mobile Apps are the trademarks of the relevant owner(s).  You agree not to use any trademark(s) that appear on the Website and/or Mobile Apps without the written consent of the trademark owner.

Currency

Unless otherwise stated, a reference to “$” or “dollars” throughout the Website and/or Mobile Apps is a reference to Australian currency.

Privacy

PICA Group respects your privacy and it is important to us. The PICA Group Privacy Policy applicable to the Website and/or Mobile Apps explains how personal data will be treated as you access and interact with the Website and/or Mobile Apps and can be accessed on the privacy page of the Website and/or Mobile Apps.

Applicable law

These Website Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia.