NABTRADE CLIENT AGREEMENT
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NABTRADE CLIENT AGREEMENT Issued by WealthHub Securities Limited ABN 83 089 718 249, AFSL No. 230704 Effective date of issue 1 June 2021 Please make sure you retain a copy of this agreement for future reference. If you have any further queries regarding this agreement, please contact nabtrade on 13 13 80, or enquiries@nabtrade.com.au WealthHub Securities Limited GPO Box 4545 Telephone 13 13 80 ABN 83 089 718 249 Melbourne nabtrade.com.au AFSL No. 230704 VIC 3001
02 nabtrade Client Agreement
CONTENTS
05
Part A: General provisions
33
18 Part F: Cash Products
Part B: The Broker Agreement terms and conditions
23 44
Part C: Conditional Order terms Part G: nabtrade Global Market
and conditions Service Trading terms and
conditions
26
Part D: Access terms and 54
conditions Part H: Definitions
and interpretations
28
Part E: CHESS Sponsorship 62
terms and conditions Part I: NAB Privacy Notification
Important Information
The nabtrade service (nabtrade) is an information, trading and settlement service provided by WealthHub Securities Limited ABN 83 089 718 249, AFSL No. 230704
(WealthHub Securities, we, our, us). WealthHub Securities is a Market Participant under the ASIC Market Integrity Rules and a wholly owned subsidiary of National
Australia Bank Limited ABN 12 004 044 937, AFSL No. 230686 (NAB). NAB doesn’t guarantee its subsidiaries’ obligations or performance, or the products or services
its subsidiaries offer. The nabtrade Service includes making the Cash Products available to you. The Cash Products are issued by NAB, and are to be used in
conjunction with the nabtrade Service. The nabtrade Global Market Trading service is an international share trading, nominee and custody service provided by
WealthHub Securities.nabtrade Client Agreement 03
ABOUT THE
NABTRADE CLIENT AGREEMENT
It’s important that you read and Cash Products can be found H art H defines the terms used
P
understand the provisions in this as below: throughout the nabtrade
agreement and keep them for Client Agreement.
• Fees: Schedule of Fees
future reference.
available on the Trading Site. I Part I contains the NAB Privacy
The nabtrade Client Agreement is set Notification
• Interest rates: available
out as follows:
on the Trading Site.
A–E arts A to E and G to H apply
P
G art G applies to the nabtrade
P
to the nabtrade information,
Global Market Trading service,
trading and settlement service
a nominee and custody service
provided to you by WealthHub
provided to you by WealthHub
Securities ABN 83 089 718 249,
Securities ABN 83 089 718 249,
AFSL No. 230704 (WealthHub
AFSL No. 230704 (WealthHub
Securities, we, our and us),
Securities, we, our and us),
and set out the agreement
and set out the agreement
between you and WealthHub
between you and WealthHub
Securities.
Securities.
F Part F and H apply to the Cash
The foreign currency
Account, and the High Interest
exchange service relating to
Account (Cash Products),
the nabtrade Global Market
and set out the agreement
Trading service (for both
between you and National
Forward FX Transactions
Australia Bank Limited ABN
and Spot FX Transactions) is
12 004 044 937, AFSL No.
provided by National Australia
230686 (NAB).
Bank Limited ABN 12 004 044
Cash Products are issued by 937, AFSL No. 230686 (NAB).
NAB and are administered
The nabtrade Client
by us.
Agreement is not the only
The Cash Account is provided document you will need to
as part of the nabtrade read, understand and agree
Service and is necessary for to as part of the nabtrade
your trading and settlement Global Market Trading
activities, unless we agree service. You will also need to
to the use of an alternative access the Foreign Exchange
settlement account (referred Forward Transactions Product
to in this Agreement as Disclosure Statement (PDS)
an Approved Settlement issued by NAB and the NAB
Account). The fees and Financial Services Guide.
interest rates applicable to04 nabtrade Client Agreement
THINGS YOU
SHOULD KNOW
Contacting us This is an online service nabtrade Global Market
You can contact us: nabtrade is an online trading service
Trading service
and in order for you to use it, you’ll Investing through the nabtrade Global
By phone 13 13 80.
need to have access to the internet Market Trading service is not the
For more information about
and have a valid email address through same as investing directly. Although
our opening hours visit
which we can contact you. you’ll be the beneficial owner of
nabtrade.com.au
the relevant International Securities,
By mail nabtrade GPO Box 4545 We don’t provide the legal interest is held by the
Melbourne VIC 3001 Custodian, Sub-custodians or sub-sub-
personal advice
Online nabtrade.com.au custodians. The Sub-custodians receive
nabtrade doesn’t provide personal all communications regarding your
Unauthorised transactions advice. Any advice in this document investments on your behalf, including
has been prepared without taking notification of shareholder meetings,
If you think there’s been an
into account your objectives, financial upcoming corporate events and
unauthorised transaction on your
situation or needs. Because of this you dividend information.
Account, please tell us immediately
should, before acting on any advice
by calling us on 13 13 80, Monday to
in this document, consider whether
Friday. For more information about our
it’s appropriate to your objectives,
opening hours visit nabtrade.com.au.
financial situation and particular needs.
If calling from overseas, please call us
Before making any decision in relation
on +61 2 8220 5945.
to our products, you should read
and understand the relevant terms
Tax File Number (TFN) options and conditions, or other disclosure
Interest earned on the Cash Products documents, and consider them before
may form part of your assessable making any decision about whether
income. to acquire or continue to hold the
product. We recommend that you
By law, you’re not required to tell us obtain independent financial, legal and
your TFN, Australian Business Number taxation advice before entering into
(ABN) or exemption code (if you have any financial investment decision.
one). However, if you don’t provide
these details, we may need to deduct
Pay As You Go (PAYG) withholding tax
at the maximum marginal tax rate (plus
the Medicare levy) from any interest
you earn on your Cash Products.nabtrade Client Agreement 05
PART A:
GENERAL PROVISIONS
This Part describes the agreement e. Part F will take effect once we – you’ve properly exercised
between you and WealthHub Securities notify you (on NAB’s behalf) your trust powers and have
Limited (WealthHub Securities, we, that your application has been full authority to enter into
our us). accepted. When that happens, this arrangement and all
your Cash Account will be transactions under it, and
1. When does the nabtrade established and you’ll be able to − your instructions are lawful
Client Agreement put money into it. No other part and authorised.
of Part F will take effect until we
take effect?
tell you that you’ve satisfied NAB’s e. you’re over the age of 18 and
1.1 You acknowledge that: identification and verification have the legal power and
a. no part of the nabtrade Client process. right to execute contracts and
Agreement, except Part I – NAB f. This Part A also applies to the other documents in relation to
Privacy Notification, will take effect Global Market Trading service. your Account for dealing and
until we notify you that we’ve transferring Financial Products
accepted your application 2. General representations and other related matters
b. when we notify you that we’ve and warranties f. you’ll ratify and confirm any
accepted your application, only proper actions we carry out
2.1 You represent and warrant: based on your instructions, or
Part A — General Provisions and
Part D — Access Terms of the a. the information you give us the instructions of someone
nabtrade Client Agreement will is complete, correct and not you authorise, and
take effect misleading, and we may rely on g. as soon as you become aware
that information, unless you tell of an error or omission, you’re
c. Part B — Broking Terms, Part E
us it’s changed responsible for taking necessary
— CHESS Sponsorship and Part G
– nabtrade Global Market Trading b. if you’re a company, that we can action to mitigate further loss.
service terms and conditions of rely on the Australian Securities 2.2 You acknowledge that:
the nabtrade Client Agreement or and Investments Commission
a. you should read and understand
any Additional Services will not company search of you as being
all documentation provided to you
take effect until we notify you that current and valid. We may also
by us including, but not limited
you’ve satisfied our identification request a guarantee from any or
to, the nabtrade Financial Services
and verification process. Until all of your directors relating to
Guide and all relevant third-party
that time, we’re not under any your obligations with us
terms and conditions along with
obligation to accept or act on any c. if you’re a body corporate, that the nabtrade Client Agreement
instructions your incorporation details are
b. we’re required by law to verify
d. Conditional Orders in Part C of the current and valid
your identity before we can
nabtrade Client Agreement may d. if you’re a trustee: provide you with the Services and
be offered to you subject to the – these terms and conditions will that it’s an offence under the Anti-
terms and conditions, and bind you in both a personal Money Laundering and Counter-
capacity and in your capacity Terrorism Financing Act 2006 (Cth)
as trustee to provide false or misleading
– you can be indemnified out of information about your identity
the assets of the trust for all
liabilities incurred under these
terms and conditions06 nabtrade Client Agreement
c. you authorise us to provide any 3.2 If we nominate another Service 6. GST status
relevant information about you to Provider for any of the Services
a credit-reporting agency before we provide: 6.1 Unless expressly stated otherwise,
we can provide you with the all fees, charges and other
a. it’s at our discretion for legitimate
Services and also in relation to the consideration to be provided
business, or prudential reasons to
recovery of any overdue payments under these terms and conditions
advise you of this change, and/or
is expressed on a GST-inclusive
d. we won’t give you any legal, tax, b. you may need to enter into an basis. Where a fee is expressly
financial or accounting advice, or agreement with another Service stated to be exclusive of GST, you
any advice about the suitability or Provider in order to continue to agree to pay us the GST amount.
profitability of your Transactions use the Services.
6.2 You agree to indemnify us and
e. you understand that there is
keep us indemnified against any
significant risk associated with 4. Joint accounts applicable penalties and interest
investment in Financial Products
4.1 If your Account is in two or more in relation to GST that is paid
and you need to seek your own
names: or payable by us in providing
professional advice and rely on
a. the liabilities of these terms and taxable services to you, except to
your own judgement in relation
conditions apply to each Person the extent that the penalties or
to your financial situation,
jointly and severally interest arise from or are caused
investment objectives and
by our fault.
particular needs when placing any b. a right given to any party under
order with us to buy or sell any these terms and conditions applies
7. Currency
Financial Product, or giving any to all parties
other instruction c. a representation, warranty or 7.1 The exchange rate offered under
f. the Financial Products and undertaking made by those a foreign currency Transaction (for
Services we offer may not be parties is made by each of them, both Forward FX Transactions and
available to people accessing them and Spot FX Transactions) is linked to
from outside Australia. You’re the inter-bank market rate and is
d. you acknowledge that the Primary
responsible for complying with adjusted to cover NAB’s costs and
Contact is the person nominated
foreign laws and regulations derive a profit. The exchange rate,
in the Application Form as the
therefore, reflects the inter-bank
g. once we notify you that we’ve Primary Contact.
market rate plus a margin. The
accepted your application, we
inter-bank market is restricted
intend to rely upon the terms of 5. Effect of death or to authorised foreign exchange
this agreement, and that, before incapacity dealers and banks, including NAB,
submitting your application, you
5.1 If you die or become incapacitated which constantly quote to each
should ask us for an explanation
during the term of the nabtrade other at wholesale rates and in
or seek independent advice if you
Client Agreement: minimum parcel sizes. Please note
don’t understand any terms and
a. your legal personal representative that NAB, as part of its business,
conditions, and
will ratify and confirm any actions regularly trades for its own
h. we reserve the right to decline account and the accounts of other
we take between the date of
your application. customers in this market. This
death and the date we’re notified,
and indemnify us in relation to may affect the inter-bank market
3. Service Provider rate that is offered to you under a
these actions, and
3.1 We may change the Service foreign exchange Transaction.
b. the authority you give us will
Provider used to provide a Service continue to operate.
at any time.nabtrade Client Agreement 07
8. Tax File Number (TFN), 10.2 Although Information on the 10.4 If we facilitate linkages to other
Australian Business Trading Site has been obtained websites or provide or make
Number (ABN) and from sources believed to be true, available (including by way of a
neither we nor our affiliates referral Service) general research,
exemption code
(including all officers, directors, Information or recommendations
8.1 If you provide your TFN, ABN employees, agents, third parties, provided by other persons, we’re
or exemption code to us, you Service Providers, suppliers or not liable to you if you rely on
authorise us to share this relevant exchanges): any research, Information, advice
information with the investment a. make any warranty concerning the or recommendation provided by
bodies whose Financial Products Financial Products or the accuracy, such websites, persons or Service
are held (or will be held) in CHESS or reliability, or completeness Providers.
and to any member or affiliate of the Information, or the 10.5 The securities of any company
of ours. performance of the companies mentioned on the Trading Site
8.2 Clause 8.1 applies to all Persons referred to, on or in relation to may not be available to transact in
named on the Account. For the Trading Site. The accuracy, all jurisdictions or to all categories
example, if you have a joint timeliness or completeness of of investors.
account, both your TFNs should Information isn’t guaranteed by 10.6 The Information supplied is for
be provided. If you don’t provide us or any third party, or your personal and private use
your TFN, ABN or advise us that b. accept any liability for any claim, only. You must not:
you’re eligible for an exemption loss or damage arising from the a. reproduce, broadcast, otherwise
from providing a TFN or ABN, we display or use of Information on distribute or allow any
may be obliged to deduct Pay As the Trading Site or any associated unauthorised third party to access
You Go withholding tax at the Services (whether arising in the Information
maximum marginal tax rate (plus contract, negligence or otherwise).
the Medicare levy). b. use the Information for any
In particular, we and our affiliates
unauthorised or illegal purpose,
aren’t liable for any omission,
9. Trust funds or
mistake, delay or interruption in
providing the Information or the c. procure or assist another Person
9.1 In accordance with the
Information being inaccurate, to do an act prohibited by clause
Corporations Act 2001 (Cth), we’ll
incomplete, or otherwise 10.6(a) and (b).
hold any funds we receive on your
behalf in trust for you. We may misleading, except to the extent If we suspect you’re in breach
retain any interest paid on such resulting from or caused by our of this clause 10.6, we may
funds. negligence, fraud or dishonesty. immediately suspend your use of
10.3 Service Providers, including the Service.
10. Information third-party suppliers or relevant 10.7 You acknowledge that some
exchanges may assert proprietary Information may be prepared by
10.1 The Information provided on the
interests in the Information. National Australia Bank Limited
Trading Site is provided for general
(NAB) and by submitting your
information and doesn’t take into
application to open an Account,
account any particular Person’s
you agree that NAB’s Financial
investment objectives, financial
Services Guide is available to you
situation or needs.
at nab.com.au08 nabtrade Client Agreement
11. Intellectual property 12.2 If we reasonably believe that a 12.7 Subject to the restrictions in
Person who makes a request for clause 12.1 (a) you agree that if
11.1 You acknowledge that copyright information, or provides trading you’ve appointed an Authorised
and intellectual property rights instructions, is your Authorised Person to deal on your behalf in
relating to the Information and Person, we’re not liable for any relation to a Service, including any
derived Information we provide action, non-action or response Additional Services, then you:
(including Information transmitted in relation to this request (except a. must ensure that any Authorised
electronically), remain vested in to the extent resulting from or Person you appoint has the
NAB or other Service Providers as caused by our negligence, fraud knowledge and experience
applicable. or dishonesty). required to provide instructions,
11.2 If improper or unlawful use of 12.3 If there’s more than one and
materials under copyright or other Authorised Person, we may act on b. accept responsibility for your
intellectual property rights comes the instructions of any Authorised Authorised Person’s instructions.
to your notice, you must notify us Person severally.
immediately. 12.8 For more information about
12.4 You agree that if any of your Authorised Persons, please visit
11.3 Where you download or print Authorised Persons breach these the Trading Site.
copies of any Information about terms and conditions:
a Service, you acknowledge
that it is for your personal and
a. the breach will be attributed to 13. Subscriptions, Service
private use, and that it may not
you as principal Levels and Alert Credits
be reproduced, republished, b. we have the same rights and 13.1 We agree to provide you with a
broadcast or otherwise distributed remedies as we would if you had core level of Subscriptions, Service
without our prior written consent. personally committed the breach, Levels and Alert Credits. We decide
and the core level of the Subscriptions,
12. Authorised Persons c. where we can take action against Service Levels and Alert Credits
the Authorised Person, we don’t that we offer you at our discretion
12.1 You agree that if you’ve appointed
need to do so before exercising for legitimate business, prudential
an Authorised Person to deal on
the rights granted in this clause or regulatory reasons.
your behalf, then:
against you. 13.2 If you decide that you want to
a. You understand that an Authorised
12.5 Authorised Persons aren’t able receive anything above the core
Person may be restricted from
to appoint or remove other level of the Subscriptions, Service
providing instructions in relation
Authorised Persons. Levels and Alert Credits that we
to particular Services including
Additional Services. These 12.6 Subject to the restrictions in offer you, go to our Trading Site
restrictions are made available to clause 12.1 (a), this clause 12 for more information.
you on the Trading Site, applies to any instruction given 13.3 For more information about
to us in relation to a Service, Subscriptions, Service Levels and
b. we may act upon the instructions
including any Additional Services. Alert Credits, please visit the
of any Authorised Person, or
Your Authorised Person agrees Trading Site.
c. we may provide Account that they should access, read
information in response to a 13.4 You acknowledge and agree
and understand the terms and to the following with regard to
request from an Authorised conditions governing the Services,
Person, without the necessity to Subscriptions, Service Levels and
including any Additional Services Alert Credits:
check the authority of that Person. as applicable. These terms and
We may, however, require written conditions are made available to
instructions from you in certain you on the Trading Site.
circumstances.nabtrade Client Agreement 09
Subscriptions Service Levels Alert Credits
Access via the Trading Site or by via the Trading Site or by via the Trading Site or by
another method we provide another method we provide another method we provide
to you to you to you
Cancellation via the Trading Site and the via the Trading Site and the via the Trading Site and
at any time Telephone Service Telephone Service the Telephone Service
Renewal Automatically renewed Automatically renewed unless n/a
unless cancelled cancelled
Fees As set out in the nabtrade As set out in the nabtrade As set out in the nabtrade
Financial Services Guide available Financial Services Guide available Financial Services Guide
on the Trading Site on the Trading Site available on the Trading Site
Payment You authorise us to debit your You authorise us to debit your You authorise us to debit your
method Cash Account (or any other Cash Account (or any other Cash Account (or any other
method notified to you) method notified to you) method notified to you) on or
about the first Business Day
after you subscribe
Fees on Payment for the number of days Payment for the number of days No Fees and Charges but may
cancellation during the current month that during the current month that forfeit any remaining Alert
you had access, “until” the date you had access, “until” the date Credits that have been awarded
of cancellation of cancellation
Failed If your payment fails, your If your payment fails, your If your payment fails, your
payments access may cease and you’ll access may cease and you’ll access may cease and you’ll
need to resubscribe and make need to resubscribe and make need to resubscribe and make
the payment again. You need the payment again. You need the payment again. You need
to make sure sufficient cleared to make sure sufficient cleared to make sure sufficient cleared
funds are available in your funds are available in your funds are available in your
nominated account nominated account nominated account
Authorised Cannot subscribe Cannot subscribe Cannot subscribe
Persons010 nabtrade Client Agreement
14. Additional Services 16. Dispute resolution to any other Person at any time, by
giving you no less than 10 Business
14.1 You acknowledge, that where you 16.1 In the case of a dispute, unless Days’ notice.
apply for Additional Services, you provide evidence to the
17.3 Any assignment, transfer or
a. you should read, understand and contrary, our records of electronic
novation of our rights or
agree to the relevant Additional or telephone communications
obligations won’t take effect
Service terms and conditions, or facsimile transmission shall
until you receive a notice from
which are made available to you be conclusive evidence of the
us confirming the new party.
on the Trading Site. If there are details of the communications by
email, SMS, internet, telephone 17.4 Immediately following any
any inconsistencies between
or facsimile (as the case may be) assignment, transfer and/or
these terms and conditions and
between you and us. novation by us:
the Additional Services terms and
conditions, the Additional Services 16.2 If we can’t resolve a dispute to a. you have the same rights and/
terms and conditions will prevail, your satisfaction, depending on or obligations under these
and its nature, you can refer your terms and conditions in respect
complaint to: of the new party as you had
b. there may be a separate
against us immediately before
verification process for an a. the Australian Financial
the assignment, transfer and/or
Additional Service, and until we’ve Complaints Authority (AFCA)
novation
accepted you for that Additional on 1800 931 678
Service, we’re not under any b. the new party has the same
b. the Australian Securities and
obligation to accept or act on rights and/or obligations we had
Investments Commission (ASIC) on
any instruction in relation to that against you immediately before
1300 300 630
Additional Service. the assignment, transfer and/or
c. the Australian Securities Exchange novation, and
(ASX) on 131 279, or
15. Margin Lending c. you release us from any
d. Chi-X Australia on (02) 8078 1700. obligations arising on or after the
15.1 Where you have a margin lending
16.3 If the dispute can’t be settled applicable date in accordance with
account, you acknowledge that:
through the organisations in the Rules and any applicable law.
a. you’ll be liable for all of the clause 16.2, the parties may
settlement obligations, payment appoint a mediator and attend 18. Power of Attorney
of monies and any oversold mediation to resolve the dispute.
positions, and 18.1 You appoint us and each of our
respective subsidiaries, agents,
b. you agree that we may debit any 17. Assignment and novation
directors, officers, authorised
of your Accounts or any margin
17.1 You can’t assign, transfer or novate representatives and Service
lending facility, with monies that
any of your rights or obligations Providers (as applicable) severally
you owe us.
under these terms and conditions (each referred to as ‘Attorney’)
15.2 Your liability in 15.1(a) arises without our written consent. as your attorney to do in your
irrespective of whether your name everything necessary or
17.2 You agree that we can assign,
margin lender is able to deliver expedient to:
transfer or novate any or all of
or advance sufficient cleared
our rights (or our obligations) a. execute and deliver any document
funds or securities to satisfy
under these terms and conditions necessary to ensure that the
your obligations.
(where we consider it is appropriate registration details of your
for legitimate business, prudential Financial Products contain your
or regulatory reasons), to any of true name, registration address
our affiliates, Service Providers or and other necessary personalnabtrade Client Agreement 011
information as set out in the 18.4 You may not revoke these and each amendment or variation
Application Form or otherwise appointments until our general is to be read as a separately
provided by you lien is released from these terms expressed right.
b. appoint one or more substitute and conditions. 19.4 A variation may not be notified
Attorneys to exercise one or more to you in advance (or we may
powers given to the Attorneys 19. Changing the terms provide less notice), and will take
and to revoke any of those 19.1 You can amend your details. effect when you first use that new
appointments, and or varied Service, where:
19.2 To change your details, we need
c. to enter into contracts or at least 10 Business Days’ notice, a. the variation of these terms
agreements with another party on as set out in the notice provisions and conditions is required to
your behalf, after receiving your in clause 20. We will update comply with the Rules and any
instructions to do so. such information on our records applicable law
18.2 You indemnify the Attorney as soon as reasonably possible b. it is reasonable for us to give less
against liability, loss, costs, after we receive notice. Where notice to manage a material and
charges or expenses arising from we’ve received a change to your immediate risk (for example, to
the exercise in good faith by the registered CHESS address, we restore or maintain the security of
Attorney of powers granted under must update the address within 48 the Service or your Accounts), or
this Power of Attorney. hours of receipt. the variation is a new or varied
18.3 Neither we, nor an Attorney are 19.3 Subject to clause 19.4, we can government charge, which we
liable for any loss or penalty amend or vary these terms will tell you about reasonably
incurred by you as a result of: and conditions for legitimate promptly after the government
business, prudential or regulatory notifies us. However, we do not
a. any delay by an Attorney in
reasons. If we believe a change is have to tell you about the change
exercising their powers, or
unfavourable to you, we will give or introduction if the government
b. an Attorney not exercising their publicises it.
30 days’ prior notice to you. Your
powers, except if caused by our
continued use of that Service is
fraud, negligence or dishonesty.
an acceptance of the variation,
20. Giving notice
Hand Over the
Post Facsimile Email SMS
delivery interent
20.1 Unless these terms and conditions specifically
state otherwise, you can provide notices or
n/a
instructions by any of the following methods,
provided we can verify your details:
20.2 We may send communications, including
notices and instructions, by:
20.3 Except in the case of post, when a notice and
instruction is sent by any of the following
methods, it will be treated as having been
received by you the day it was sent, unless
proven otherwise:012 nabtrade Client Agreement
20.4 For notices and instructions sent 21. Extent of liability interruption, deletion, defect,
by post, they will be treated as delay in operation or transmission,
having been received by you 21.1 We don’t exclude or limit the or any other factor
the next Business Day following application of any statute
h. any events or circumstances that
posting, unless proven otherwise. (including the Australian Securities
we cannot reasonably control
and Investments Commission Act
20.5 The receipt date for notices or (for example, failure of electronic
2001 (Cth), the Competition and
instructions you send us is the or mechanical equipment
Consumer Act 2010 (Cth) and any
date we actually receive it, except or communication lines,
similar State or Federal legislation)
for electronic communications, unauthorised access, or labour
where to do so would contravene
where the receipt date is the date problems)
the statute or cause any part of
the communication is opened i. any delay, interruption, omission,
these terms and conditions to be
(unless proven otherwise). failure, error or fault by us in
void. Liability for a breach of any
20.6 Any notice you give us is deemed provision implied by law that can’t passing on and executing your
as having been given to both us be excluded is limited to: instructions
and the Service Provider. j. reliance on research reports we
a. in the case of goods: to the
20.7 You’re responsible for ensuring: replacement provide to you or your Authorised
a. that you provide us with a valid Person
b. in the case of services: the
email address supplying of the services again. k. market movements and other risks
b. that your email address is up to associated with the trading of
21.2 We, and each of our respective
date Financial Products
members and affiliates, and either
c. that the nominated mobile of our directors, officers or agents, l. suspected or actual manipulative
number is correct are not liable for any actions, trading, including insider trading,
claims, demands, proceedings, false or misleading trading, Market
d. your details are updated via the
liabilities, losses, damages, costs rigging and Market manipulation,
Trading Site, and
and expenses (except to the extent or
e. that change of name and address
resulting from or caused by our m. faults, errors, defects, failures in
(for CHESS registration) notifications
negligence, fraud or dishonesty) the Trading Site or other computer
are provided in writing.
due to: systems, or loss of access.
20.8 SMS messages depend on the
a. us acting upon your instructions 21.3 You agree to indemnify us and
transmission of data across
b. refusal to act on your instructions each of our respective members
networks operated by mobile
and affiliates, and the directors,
phone service providers. We c. your default
officers, agents of either us
can’t guarantee the security or d. any legal action (indemnified parties) against:
timeliness of mobile phone data
e. compliance with a direction, a. any losses, liabilities or expenses
transmissions, and recommend
request or requirement of the incurred by any indemnified party
that you contact your mobile
Corporations Act 2001 (Cth), the arising out of, or in connection
phone service provider for details
Rules or any regulatory authority with, any of the indemnified parties
of their privacy and security
practices. f. error, omission, non-receipt or acting under, or in connection
invalidity in your instructions with, these terms and conditions
g. problems involving the relevant except to the extent that any loss,
exchange, Market Operator, liability, or expense is caused by the
and/ or failure of an exchange, negligence, fraud or dishonesty of
including any error, omission, any indemnified partynabtrade Client Agreement 013
b. any losses, liabilities or expenses of the nabtrade Global Market 21.5 You indemnify us, our officers,
incurred by any indemnified party Trading service, and employees, agents and our related
arising out of, or in connection c. exclude liability for any losses bodies corporate for any losses
with, a breach by you of any of arising directly or indirectly out of: arising directly or indirectly out of:
your obligations under these a. your use of the nabtrade Global
– a disruption to or failure of the
terms and conditions Market Trading service
service or error in processing a
c. any losses, liabilities or expenses Transaction you’ve requested b. our acting on your instructions
incurred by any indemnified party in accordance with the c. your failure to comply with the
arising out of, or in connection nabtrade Global Market nabtrade Global Market Trading
with, any incorrect or misleading Trading Terms and Conditions Terms and Conditions and/or the
representation or warranty given in Part G. We will however nabtrade Client Agreement
by you under these terms and correct any incorrect entry
conditions, and d. your failure to comply with any
because of any disruption,
legislation or exchange or market
d. you agree that the risk and liability failure or error; and will
rule, whether foreign or domestic,
for unauthorised instructions or adjust any fees and charges
and
fraud lies with you alone, and that as appropriate. You agree
you’ll indemnify us from all loss, to reimburse us any amount e. any of your acts or omissions or
costs and expenses arising from that has been erroneously that of a person acting on your
such unauthorised instructions paid to you as a result of such behalf, however your liability
or fraud, except to the extent disruption, failure or error to indemnify us will be reduced
resulting from or caused by our proportionately to the extent a
– any delay in providing any
negligence, fraud or dishonesty. negligent or fraudulent act of ours
information or the nabtrade
contributed to the loss.
We hold the benefit of this indemnity Global Market Trading service
on trust for each indemnified party. to you; 21.6 Each indemnity in these terms
and conditions is a continuing
21.4 Subject to the provisions of the – effecting an order received
obligation, which is separate
Competition and Consumer from you which is unclear
and independent from your
Protection Act 2001 (Cth), – our decision to stop offering other obligations, and survives
Corporations Act 2001 (Cth), the nabtrade Global Market termination of the nabtrade
Australian Securities and Trading service Client Agreement. We don’t
Investments Commission Act 2001 – without limiting clause 3.2, need to incur expenses or make
(Cth) and any other rights implied our withdrawal of an Available Transactions on your behalf before
by law which can’t be excluded by Exchange and/or a Security enforcing our right of indemnity
agreement we and our officers, and/ or Currency from the under these terms and conditions.
employees, agents and our related nabtrade Global Market 21.7 In this clause 21, ‘you’ refers
bodies corporate: Trading service to a Person who we reasonably
a. make no warranty for – a change in any law or a rule believe to be you or your
merchantability or fitness for of an exchange, an order Authorised Person.
purpose with respect to the or directive received from a
nabtrade Global Market Trading foreign exchange, suspension
service, including the services of trading, unlawful access
provided by the Service Providers to the nabtrade Global
b. exclude liability in contract, tort Market Trading service by an
(including negligence) or any unauthorised person, or
other claim relating to your use − any Force Majeure014 nabtrade Client Agreement
22. Restriction and d. we have any reasonable grounds a. we give you five Business Days’
suspension rights to believe that your Account is, or notice of our intention to do so, or
may be, being used in connection b. you fail to pay any amount you’re
22.1 Subject to the Rules and with a breach of the Anti-Money liable for under these terms and
any applicable law, we can Laundering and Counter-Terrorism conditions (including Part F) when
immediately restrict or suspend Financing Act 2006 (Cth), or it falls due, or
your access to:
e. you become bankrupt or c. you breach any term on which the
a. your Account insolvent. 22.3 If we exercise our specific Services, including any
b. Subscriptions and Service Levels right in clause 22.1, we may tell Additional Services, are provided
c. our Trading Site and order you the reason for the restriction including, but not limited to, any
placement via the Telephone or suspension (and any conditions) policies or codes of conduct that
Service, and as soon as is reasonably possible we reasonably require you to
(unless prohibited for legal or adhere to in using the specific
d. any other Services including any
regulatory reasons). We don’t Services, including any Additional
Additional Services.
need to tell you before restricting Services, that are made available
22.2 We can only exercise the right in or suspending your Account to you on the Trading Site or in
clause 22.1 if: access. accordance with these terms and
a. you fail to pay any amount you’re 22.4 Our rights under this clause apply conditions.
liable for under these terms and to both you and your Authorised 23.3 Termination of a specific
conditions (including Part F) when Person, collectively and severally. Service including any Additional
it falls due
22.5 If you use (or appear to use) Services, under clause 23.1 won’t
b. you breach any term on which Services including any Additional automatically terminate any other
the specific Services including any Services in a way we think is aspect of the nabtrade Client
Additional Services are provided inappropriate or unreasonable, Agreement.
including, but not limited to, any we may suspend or restrict your 23.4 Notwithstanding any part of this
policies or codes of conduct that access to the specific Services, clause, we may decide to reinstate
we reasonably require you to including any Additional Services, the terminated Service including
adhere to in using the specific without notice. any Additional Services on the
Services, including any Additional
same terms and conditions.
Services that are made available 23. Termination of the
to you on the Trading Site or in 23. Our rights under this clause apply
provision of specific to both you and your Authorised
accordance with these terms and
conditions
Services Person, collectively and severally.
c. we have reasonable grounds to 23.1 Subject to the Rules and any 23.6 Notwithstanding any part of
believe that your continued access applicable law, we can terminate clauses 22.1, 23.2 or 23.3, we
to your Account would result in us: your access and use of: reserve the right to terminate
a. your Account or suspend all or any part of
– breaching the Corporations
the specific Services, including
Act 2001 (Cth), the Rules, any b. Subscriptions and Service Levels
any Additional Services, at any
Australian law, or the law of c. the Trading Site and Telephone time without notice and at our
another country, or Service, or discretion for legitimate business,
− being an accessory to a breach d. any other Services, including any prudential or regulatory reasons.
of the Corporations Act 2001 Additional Services.
(Cth), the Rules, Australian law
23.2 We can only exercise the right in
or the law of another country.
clause 23.1 if:nabtrade Client Agreement 015
24. Termination − being an accessory to a breach a. all access to Services, including
of the Corporations Act 2001 any Additional Services, is subject
24.1 Part A, Part B, and Part E will be (Cth), the Rules, any Australian to reasonable use, and
terminated if: law or the law of another b. where we think usage is
a. if either party gives at least five country. unreasonable, we may suspend or
Business Days’ notice in writing
refuse access to Services, including
b. automatically on any termination d. we have any reasonable grounds
any Additional Services.
of Part F by NAB to believe that your Account is
being used in connection with 25.2 We aim to provide a quality
c. if we become insolvent, or Service to all our clients at
a breach of the Anti-Money
d. if we’re terminated or suspended Laundering and Counter–Terrorism all times. The reasonable use
as a Market Participant under Financing Act 2006 (Cth), or requirement is designed to
the ASIC Market Integrity Rules, ensure that no client is unfairly
e. you become bankrupt or
a Settlement Participant of ASX disadvantaged by the behaviour
insolvent.
Settlement, or Clearing of other clients. If at any time
Participant of ASX Clear, 24.3 Terminating under this clause 24 we think a client’s usage may
or by any applicable law. doesn’t affect any: disadvantage other clients, we
Termination under this clause 24 a. Transaction that has been properly may suspend, restrict or refuse
doesn’t affect rights or obligations entered into before termination access to our Services, including
that arise before that time. b. claim we make for Fees and any Additional Services.
24.2 We can terminate Part A, Part B, Charges or expenses incurred
Part C, Part D and Part G at any before termination, or 26. Force majeure and
time without notice (subject to the c. other claims that one party has business continuity
Rules and any applicable law), if: against the other. 26.1 We aren’t liable for any delay
a. you fail to pay any amount you’re 24.4 There are specific termination or interruptions in fulfilling our
liable to pay under these terms clauses contained in Part E and obligations under these terms and
and conditions when it falls due Part F of the nabtrade Client conditions if the circumstances
b. you breach any material term Agreement. Notwithstanding this, are beyond our reasonable
on which the specific Services, termination of any part of the control (or the control of any
including any Additional Services, nabtrade Client Agreement under related or unrelated Service
are provided including, but not clause 24 automatically terminates Provider). This includes, but is not
limited to, any policies or codes all other parts. limited to, problems with your
of conduct that we reasonably 24.5 Where we think usage is telecommunications services,
require you to adhere to in using unreasonable, we may suspend or internet service provider, computer
the specific Services, including any refuse access to Services, including hardware and/or software, or
Additional Services, that are made any Additional Services. difficulties in sending or receiving
available to you on the Trading emails.
Site or in accordance with these 25. Reasonable use 26.2 Without limiting clause 26.1, we
terms and conditions 25.1 You agree to access and use will have in place and maintain
c. we have reasonable grounds to the Trading Site and Telephone business continuity and other
believe that continued access to Service in accordance with our procedures adequate to enable
your Account would result in us: requirement that your use be us to provide services under the
reasonable. In particular, by nabtrade Global Market Trading
– breaching the Corporations
accessing the Trading Site, you Terms and Conditions in Part G, in
Act 2001 (Cth), the Rules, any
agree and acknowledge that: any contingency for which we can
Australian law, or the law of
reasonably plan.
another country, or016 nabtrade Client Agreement
27. Governing law 30. Exercise of discretions Corporations Act. We will notify
you of any refusal or limitation as
27.1 These terms and conditions will 30.1 We’ll act reasonably and be soon as practicable.
be governed by and interpreted guided by our legitimate business
in accordance with the law in 32.3 Offers in the U.S. or to U.S.
interests in deciding whether and
the State of Victoria. Each of the persons where terms of offer
how to exercise any discretion
parties will submit to the non- are silent
we have under these terms and
exclusive jurisdiction of the courts conditions. If the terms of the offer are silent
of the State of Victoria and courts on whether offers and issues of
competent to hear appeals from 31. Best Execution Financial Products are prohibited
those courts. in the United States or to U.S.
31.1 As a Market Participant under the persons, then you acknowledge
28. Severance ASIC Market Integrity Rules, we are that the following terms of the
required to have a Best Execution offer will apply:
28.1 If a court or any other tribunal Policy. The Best Execution Policy
or authority finds any of these a. The Financial Products have not
does not apply to the nabtrade
terms and conditions to be void been, and will not be, registered
Global Market Trading service.
or unenforceable, the remaining under the US Securities Act of
31.2 For more information about our 1933 (the US Securities Act), and
terms and conditions continue
Best Execution Policy, please visit may not be offered, sold or resold
to apply.
the Trading Site. in the United States, or to or for
28.2 If any provision of the nabtrade
the account or benefit of U.S.
Global Market Trading Terms and 32. ASX Bookbuild Terms persons, except in accordance
Conditions is held to be invalid,
32.1 Application of ASX Operating with an exemption from, or in
void or unenforceable by reason
Rules a transaction not subject to, the
of any law, rule, administrative
registration requirements of the
order or judicial decision, that You and WealthHub Securities
US Securities Act;
determination won’t affect are bound by the ASX Operating
the validity of the remaining Rules of ASX Limited (“ASX”), b Expressions used but not defined
provisions of the nabtrade the Corporations Act and the in these terms have the meanings
Global Market Trading Terms procedures, customs, usages and set forth in Regulation S under the
and Conditions. practices of ASX and its related US Securities Act.
entities, as amended from time to 32.4 Warranty
29. Read-down clause time, in so far as they apply to ASX When you instruct us to enter
BookBuild and any allocation of a bid in an offer of a Financial
29.1 If any law relating to unfair
Financial Products in an offer on Product you warrant that as part
contract terms would otherwise
ASX BookBuild. of making this offer you are aware
make a term of this agreement
void, that term is to be read down 32.2 Right to refuse to deal of and agree to:
and construed as if it were varied, You acknowledge that we may (i) the Investment Cap; and
to the minimum extent necessary, at any time refuse to deal in, (ii) the terms of the offer;
so that the law does not make the or may limit dealings in, the
and allow the issuer to enter
term void. Financial Products offered under
that bid and to subscribe for any
29.2 This reading down rule applies ASX BookBuild for you. We are
Financial Products allocated to it
before any other reading down not required to act in accordance
under the ASX Operating Rules.
or severance provision in this with your instructions, where to
agreement. do so would constitute a breach
of the ASX Operating Rules or thenabtrade Client Agreement 017
32.5 Allocation For the purposes of this clause 33. Instructions from NAB
You acknowledge that where 32.6, a person’s voting power
in the BookBuild issuer has If you are a client of a division of NAB,
you have received an allocation
the meaning given by s610 you may give instructions to NAB
of Financial Products as a result
of the Corporations Act. You to trade or otherwise deal on your
of a bid entered by us on your
acknowledge that damages are behalf by recorded phone or written
behalf for the allocation of the
not an adequate remedy for a instruction by your or an Authorised
relevant Financial Products under
breach of clause 4 and that the Person. You further authorise Us to
the applicable offer, you have an
BookBuild issuer can require accept and act upon any verbal or
obligation to subscribe for the
specific performance of this written order instruction given to
number of Financial Products
clause 32.6. NAB (for the purposes of each order
allocated to you at the final
instruction received in your name)
BookBuild price on the terms 32.7 Enforceability by BookBuild issuer
which has been given by you or your
of that offer. You acknowledge that the Authorised Person.
32.6 Divestment warranties and acknowledgments
When you: in clauses 32.4, 32.5 and 32.6
above can be enforced by the
a have received an allocation of
BookBuild issuer.
Financial Products in an offer on
ASX BookBuild which represents a 32.8 Effect of termination
percentage of Financial Products Termination does not affect your
in that offer which exceeds the existing rights and obligations or
Investment Cap; or ours at termination.
b have received an allocation of 32.9 Revised terms prescribed by ASX
Financial Products in an offer on If ASX prescribes amended
ASX BookBuild which results, or minimum terms for an ASX
together with allocations to other BookBuild Client Agreement for
persons result, in the voting power the purposes of the Rules (the
in the BookBuild issuer of you or “New Terms”), to the extent
any other person increasing from of any inconsistency between
a percentage at or below the these minimum terms and the
Investment Cap to a percentage New Terms, the New Terms will
above the Investment Cap, you override the terms of the ASX
acknowledge that such allocation BookBuild Client Agreement and
was outside of the parameters apply as if the Client and the
established by the BookBuild
Trading Participant had entered
issuer for the offer on ASX
into an agreement containing the
BookBuild and that the BookBuild
New Terms.
issuer may, at its election, require
that the client divest such number 32.10 WealthHub Securities to provide
of Financial Products allocated Client with copy of changes
in the offer on ASX BookBuild We will provide a copy of the New
up to the number required for Terms to the Client as soon as
the relevant person to no longer practicable after ASX prescribes
exceed the Investment Cap. the New Terms.018 nabtrade Client Agreement
PART B:
THE BROKER AGREEMENT
This Part describes the of a regulated superannuation or amounts due to you until
agreement between you and fund or approved deposit fund you pay any amounts due to
to the extent that the trustee us (or our related entities), and
WealthHub Securities Limited
is prohibited from giving that – set off amounts due to us (or
(WealthHub Securities, lien under the Superannuation our related entities) against
we, our, us). Industry (Supervision) Regulations. amounts we hold for you in
For the avoidance of doubt, any account or via direct debit,
1. Appointment any lien in our favour arising by including but not limited to
operation of law is not diminished your Cash Products, or any
If we accept your application for an
or otherwise affected by this Eligible NAB Account
Account, the Services will be provided
clause.
in accordance with these terms and f. we won’t make third-party
conditions. c. in order to comply with section payments on your behalf
259B and section 259C of the
g. unless your Additional Services
Corporations Act 2001 (Cth),
2. Your acknowledgements we’re prohibited from taking
allow you to engage in short
and warranties security over Financial Products
selling:
we issue or in a company that – if you wish to sell securities:
2.1 You acknowledge and agree that:
controls us. So, where we acquire you own those securities
a. you, and all Financial Product and that they’re available for
Transactions we undertake on NAB securities on your behalf,
we waive the lien and power of delivery on placing the order,
your behalf, will be subject to and and
bound by: sale we have under these terms
and conditions in respect of the – if you wish to buy securities:
– the Corporations Act 2001 you have sufficient cleared
purchase of NAB securities
(Cth), and funds to pay for those
d. your orders may be cancelled,
– the Rules, regulations, customs securities at the time the order
amended or purged from the
and usage of the relevant is given and at the time the
relevant Market subject to the
exchange as prescribed by Transaction is settled.
procedures, customs, usages and
ASIC, the ASX and/or Chi-X h. if you wish to:
practices of the Market Operator
Australia as the case may be
without notice to you. You – trade in Partly Paid Securities
and are only undertaken on further acknowledge that we’re
– trade in Exchange Traded
the basis that you have primary not obliged to notify you of any
Options, and/or
responsibility for all obligations orders that are purged from the
arising from any Financial Product Market, although we’ll make all – trade in Warrants,
Transaction we undertake on your reasonable endeavours to notify you understand that there are
behalf you of such. We’re not liable if you additional terms and conditions
b. subject to clause 24 of Part G, don’t receive notification in this that form part of this arrangement
we have a general lien over (and regard. An order that is cancelled between you and us. You should
the power to sell and realise) any or purged by the Market Operator read, understand and agree
Financial Products and documents won’t be reinstated by us without to these terms and conditions
we hold or control for you in instructions from you available on the Trading Site if
respect of any amount you owe us e. without limiting any other rights you wish to trade in Partly Paid
(for any reason). Any lien created we have under these terms and Securities, trade in Exchange
under this Part B of the Client conditions, we’re entitled to: Traded Options and trade in
Agreement does not apply in Warrants.
– retain any Financial Products
relation to an asset of the trustee
that we hold or control for younabtrade Client Agreement 019
i. you acknowledge that you will 3A. Compensation Fund any provision in these terms
confirm your order status after and conditions (including any
order placement to confirm that 3A.1 You acknowledge that we have Additional Services terms, and
your order has been placed and disclosed to you the information terms in an Application Form)
has not failed. in clauses 3A.1a & b below, and
d. you authorise us to act on any
you are aware, that:
verbal or written instructions from
3. Financial Product a. Both the ASX and Chi-X Australia you (or your Authorised Person)
Transactions operate under the National in accordance with these terms
Guarantee Fund (NGF) which and conditions
3.1 You agree that where we make provides protection for retail
Transactions involving traded e. if we don’t have specific execution
investors in the circumstances
Financial Products on your behalf, instructions, your order will be
defined in the Corporations Act
you’ll: executed in accordance with the
2001 (Cth) and Corporations
a. before placing any orders: be able Best Execution Policy subject to
Regulations.
to pay for a Financial Product or any limit imposed by you. This
b. The NGF claims provisions are price may be different from the
have a presently exercisable and set out in Division 4 of Part 7.5 of
unconditional right to vest in a price at which the Financial
the Corporations Act 2001 (Cth) Product is trading at the time
Financial Product and Corporations Regulations you give your instructions
b. pay us for any Financial Products (for further information see
purchased, and any additional f. we aim to execute any instructions
the legislation and the NGF
liabilities that arise or orders we accept, but don’t
Information Booklet available at
guarantee that they will be
c. deliver sold Financial Products www.segc.com.au). Note that if
executed (either in full or in part)
to us in a form that constitutes your stockbroker is not an ASX or
or executed by a certain time, and
valid delivery between Market Chi-X Participant, the NGF will not
Participants. Delivery has to occur apply in any circumstance. g. you (or your Authorised Person)
on or before the time specified in can give instructions to deal
the confirmation 4. Instructions on your Account or obtain
information about your Account,
d. pay all associated duties or 4.1 You acknowledge and agree that: but we may require written
taxes (including GST) before a. this clause 4 applies to instructions instructions from you in certain
the settlement time and date that you (or your Authorised circumstances (at our discretion).
specified, and Person) give us on the Trading 4.2 We reserve the right to refuse to:
e. be charged brokerage by us and Site or by the Telephone Service.
any nominated Service Provider a. respond to a request for
If there’s more than one
at the rates we set, and any other information, and/or
Authorised Person, we may act
applicable Fees and Charges in on the instructions of any b. accept any instruction (including
each case as specified in the Authorised Person severally trading instructions) or order.
nabtrade Financial Services Guide b. if we receive instructions including 4.3 We can decline to act on
(available on the Trading site). the appropriate Security Identifier, your behalf or accept your
These Fees and Charges may we’ll assume that the instruction instructions if:
change from time to time. is from you (or your Authorised a. you don’t provide, in advance,
Person) sufficient cleared funds in
c. all instructions you (or your Australian currency to cover the
Authorised Person) give us are cost of instructions to buy
subject to the Rules, clause
4.2, clause 4.3, clause 4.4 andYou can also read
