Terms & Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of services provided by Gabcus Investment Pty Ltd (ABN: 77 098 038 030, AFSL: 238189) ("Gabcus Investment", "we", "us", or "our"). By accessing our website or using our services, you agree to be bound by these Terms.

2. Definitions

• "Client" or "you" refers to the individual or entity using our services
• "Services" includes investment advice, portfolio management, and related financial services
• "Website" refers to www.gabcusinvestment.com and associated platforms
• "Investment Products" includes equities, bonds, managed funds, and other financial instruments
• "Agreement" refers to any service agreement or engagement letter between you and Gabcus Investment

3. Eligibility and Account Creation

3.1 Eligibility

To use our services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Be an Australian resident or have appropriate authorization to invest in Australia
• Provide accurate and complete information during registration
• Comply with all applicable laws and regulations

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your contact information is current

4. Financial Services

4.1 Licensing and Regulation

Gabcus Investment holds Australian Financial Services Licence (AFSL) number 238189 issued by the Australian Securities and Investments Commission (ASIC). We are authorized to provide financial product advice and deal in various financial products as specified in our license.

4.2 Financial Advice

Any financial advice provided:

• Is based on information you provide to us
• Takes into account your financial situation, needs, and objectives
• Is provided by appropriately qualified and licensed advisors
• May be general or personal advice as specified
• Should be considered in conjunction with relevant Product Disclosure Statements (PDS)

4.3 Investment Risks

5. Fees and Charges

5.1 Fee Structure

Our fees are outlined in our Financial Services Guide (FSG) and include:

• Advisory fees for financial planning services
• Management fees for portfolio management
• Transaction fees for buying and selling investments
• Administration fees for account maintenance

5.2 Payment Terms

All fees are payable as specified in your service agreement. We reserve the right to:

• Deduct fees directly from your investment account
• Suspend services for non-payment
• Update fee structures with 30 days' notice

5.3 Third-Party Costs

You may also incur costs from third parties, including:

• Fund management fees
• Platform administration fees
• Brokerage charges
• Government duties and taxes

6. Your Obligations

As a client, you agree to:

• Provide accurate, complete, and current information
• Notify us promptly of any changes to your circumstances
• Read and understand all disclosure documents
• Comply with all applicable laws and regulations
• Pay all fees and charges when due
• Not use our services for illegal or unauthorized purposes
• Not attempt to manipulate or disrupt our systems

7. Our Rights and Responsibilities

7.1 Service Provision

We will use reasonable care and skill in providing our services, but we:

• Do not guarantee specific investment returns
• Are not responsible for market performance or external factors
• May suspend or terminate services with reasonable notice
• May refuse service to any individual at our discretion

7.2 Information Accuracy

We strive to ensure information on our website is accurate, but:

• Market data may be delayed or subject to errors
• Content is for informational purposes only
• We reserve the right to correct errors without notice

8. Intellectual Property

All content on our website, including text, graphics, logos, and software, is owned by or licensed to Gabcus Investment and protected by copyright, trademark, and other intellectual property laws. You may not:

• Reproduce, distribute, or modify our content without permission
• Use our trademarks or branding without authorization
• Reverse engineer or extract data from our systems
• Frame or mirror our website content

9. Privacy and Data Protection

We collect, use, and protect your personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By using our services, you consent to our data practices as described in the Privacy Policy.

10. Liability and Indemnity

10.1 Limitation of Liability

To the extent permitted by law:

• Our liability is limited to re-supplying the services or paying the cost of re-supply
• We are not liable for indirect, consequential, or incidental losses
• We are not liable for losses arising from market movements or investment performance
• Our total liability will not exceed the fees paid by you in the preceding 12 months

10.2 Indemnity

You agree to indemnify and hold Gabcus Investment harmless from any claims, losses, or damages arising from:

• Your breach of these Terms
• Your violation of any laws or regulations
• Your unauthorized use of our services
• Information you provide to us

11. Dispute Resolution

11.1 Internal Complaints

If you have a complaint, please contact us at:

• Email: info@gabcusinvestment.com
• Phone: +61 2 3814 6665

We will acknowledge your complaint within 24 hours and provide a response within 30 days.

11.2 External Dispute Resolution

If you are not satisfied with our response, you can escalate your complaint to:

• Australian Financial Complaints Authority (AFCA)
• Website: www.afca.org.au
• Phone: 1800 931 678
• Email: info@afca.org.au

12. Termination

12.1 Termination by You

You may terminate your relationship with us at any time by:

• Providing written notice
• Closing your account
• Settling all outstanding fees and obligations

12.2 Termination by Us

We may terminate or suspend your access to our services if:

• You breach these Terms
• You fail to pay fees when due
• We are required to do so by law
• We cease providing services to retail clients

13. General Provisions

13.1 Governing Law

These Terms are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria.

13.2 Changes to Terms

We may update these Terms at any time. Material changes will be notified via email or our website. Continued use of our services constitutes acceptance of the updated Terms.

13.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

13.4 Entire Agreement

These Terms, together with any service agreements and disclosure documents, constitute the entire agreement between you and Gabcus Investment.

14. Contact Information