Your use of this Site constitutes acceptance of these terms and conditions. You agree not to attempt to connect to the Site, or to view any of the Sites if you do not agree to the terms and conditions set out below.
Internet Site Providers
This Internet site and information and services referred to in the site (collectively, the "Site") are directed to and available for Australian and New Zealand residents. The Site is made available in Australia to wholesale clients through Citigroup Global Markets Australia Pty Limited, ABN 64 003 114 832 and AFSL No. 240992, ("Citi Global Markets") a Participant of the ASX Group and a Participant of Sydney Futures Exchange Limited. It is made available in New Zealand through Citigroup Global Markets New Zealand Limited, a member corporation of the New Zealand Stock Exchange. Citi Global Markets is a non-bank affiliates of Citigroup Pty Limited, ABN 88 004 325 080 and AFSL No. 238 098, and are solely responsible for the information made available in this Site.
Availability of Internet Site
The investments, including securities, derivatives and other financial products, ("Financial Products") and services contained herein are not available in the United States or to any US persons or private customers in the United Kingdom. This Site is not intended for distribution to or use by any entity or person in any jurisdiction where such distribution or use would be contrary to law or regulation of that jurisdiction or would subject Citi or its affiliates to any registration requirement within such jurisdictions.
Information on other Citi Entities
This site also contains certain material in relation to the Financial Products and services available in Australia and New Zealand of related entities of CGMS, including amongst others Citigroup Pty Limited ABN 88 004 325 080 and AFSL No. 238098, Citibank NA ARBN 072 814 058, Citicorp Investments Limited ABN 40 004 819 434 and AFSL No. 238097 and Diners Club Pty Limited ABN 35 004 343 051 (together "Citi"). These related entities take no responsibility for the Site or its contents.
Bank Regulation not applicable to certain Financial Products
Citi is affiliated with Citibank NA and its subsidiaries and branches worldwide (collectively "Citibank"). Despite those affiliations, Financial Products recommended, offered, or sold by Citi: (i) are not insured by the Federal Deposit Insurance Corporation; (ii) are not deposits or other obligations of any insured depository institution (including Citibank); and (iii) are subject to investment risks, including the possible loss of the principal amount invested. Financial Products and services available through Citi do not represent a deposit or other liability of Citi Pty Limited or Citibank NA (Sydney Branch) and these entities do not stand in any way behind the capital value and/or performance of other Citi entities. Neither Citi Global Markets is subject to regulatory supervision by the Australian Prudential Regulatory Authority.
Financial Product Information and Disclosure
The information on the Site has been obtained from and is based upon a variety of sources Citi believes to be reliable. The information may be incomplete or condensed and is subject to change without notice. Citi makes no warranty or representation, and assumes no responsibility or liability, for the accuracy, completeness or timeliness of, or any errors in or omissions from, any information contained on the Site and has no obligation to update the information. Any price indications or market quotations are provided solely for your information. Such prices, bids or quotations are not firm bids or offers either as to price or size and may not reflect current prices, due to delays in transmission or otherwise. Nothing in the Site shall form the basis of or be relied on in connection with any contract or commitment whatsoever and the prices quoted may differ from the price at which a person may buy or sell the particular Financial Product. Nothing in the Site constitutes an offer, a solicitation of an offer or a recommendation to buy or sell any Financial Product which may be referenced in the Site, except where an offer is explicitly made through the availability of a prospectus, product disclosure statement or other formal offer or disclosure document on the Site. Such offers can only be made where lawful under applicable law.
Suitability Warnings
Any commentary, views or other information provided in the Site in relation to Financial Products or services is intended to be only general in nature and Citi is not providing investment advice and does not represent that any such Financial Products are suitable for you. This Site does not take into account the investment objectives or financial situation of any particular person. Investors should make their own independent evaluation of the investment merits and suitability of any such Financial Products and/or obtain advice based on their own individual circumstances before making an investment decision. The Site does not amount to a representation that the investment services and products will be made available to you. If you wish to learn more about information contained on the Site or are seeking advice, you should contact a Citi Financial Consultant.
Access to Research
While the Site might include excerpts, abstracts, other summary material derived from research reports published by the Firm's Global Equity Research Department, it does not constitute a research report, and any reference to a research report or research recommendation is not intended to represent the whole report and is not in itself considered a recommendation or research report. Users are directed to the original research report or note, available from among other sources your salesperson or our on-line research sites, to review the Equity Research Analyst's full analysis of the subject company. In addition, important disclosures relating to the companies that are the subject of research reports or notes published by the Equity Research Department are contained on the Firm's disclosure website at www.Citigeo.com. Citi Smith Barney clients should refer to www.citismithbarney.com.au and can obtain disclosure information from their Financial Consultant. In addition, valuation methodologies and associated risks pertaining to price targets, as well as other important disclosures, are contained in research reports and notes published on or after July 8, 2002.
Disclosure of Interests
Citi, including its affiliates, employees and agents, may perform or solicit investment banking or other services from any issuer and may have in the past acted as manager or co-manager of a public offering of Financial Products referred to in this Site. In addition, Citi provides a vast array of financial services, including among others corporate banking, to a large number of corporations globally. The user should assume that Citi or its affiliates receive compensation for those services from such corporations. Citi may make a market in Financial Products that may be referred to in the Site. For Financial Products in which Citi is not a market maker, Citi usually provides bids and offers and may act as principal in connection with such transactions. In addition, Citi or its employees may own these Financial Products or may be a director of any company referenced herein.
Risks in Electronic Communication
There are inherent risks in the use of any software or information found on the Internet, and you acknowledge that you understand these risks before making any use of the Site. You agree to be solely responsible for the installation, operation and maintenance of the hardware and software necessary to access the Site. You agree that there is no certainty that Site E-mail or non-site Email will be transmitted in a timely manner and that you will not use Email for the communication of any instructions to Citi that are critical or time sensitive. Citi will not be required to act upon any such types of instructions and will not be liable for any actions taken or omissions to act as a result of any E-mail message you send to Citi.
Property Rights In Information And Services
The Site and the information are the property of Citi or its licensors and are protected by applicable copyright, patent, trademark or other intellectual property law. The Site is being provided by CGMS only for your personal, non-commercial use and display. You may download the information to the Computer and print out a hard copy for your personal reference, provided that you agree not to remove any copyright or other notices contained therein. Except as expressly authorized herein, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit such information or any of the Site provided in any manner (including electronic, print or other media now known or hereafter developed) without the written consent of CGMS. You also agree not to use the information or Site for any unlawful purpose, and you shall comply with any request of Citi or any of the third party providers to protect their respective rights in the information and Site. Transmission or use of any material in violation of these terms and conditions, or any applicable law, rule or regulation (whether of Australia or other countries), or the rights of any third party is prohibited. This includes, but is not limited to, copyrighted material, material which is defamatory, threatening, obscene, lewd and indecent, material protected by trademark, trade secret, or patent laws, or material that results in an invasion of privacy.
Electronic Recording
In connection with your use of the Site, you acknowledge and consent to taping or any form of electronic recording of any communication, electronic or otherwise, between you and Citi or its representatives or agents. You acknowledge and consent to the recording, retention and use by Citi (and its employees, representatives and agents) of all information and data that you input during your use of the Site, including without limitation, all selections and uses of calculators and other tools included therein.
Submissions
All information submitted to Citi via this Site shall be deemed and remain the property of Citi and Citi shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides Citi through this Site. Citi shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the Citi entity having the direct customer relationship or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing Citi's responsibilities and obligations to customers in accordance with the Citi Privacy Promise.
Links
In the event you use the Site or the links included on the Site to gain access to a World Wide Web site or Internet location or source of information of any company, organization or person other than Citi or its related entities, you acknowledge that such other sites or locations are not under the control of Citi and agree that Citi shall not be responsible for any information or other links found at any such World Wide Web site or Internet location or source of information, or for your use of such information. Citi provides such links only as a convenience to you, and has not tested any software or verified any information found at such sites. The fact that Citi has provided a link to another site does not signify an endorsement of the site or its contents by Citi.
No Warranty
The information and materials contained in this Site, including text, graphics, links or other items are provided "as is", "as available". Citi does not warrant the accuracy, adequacy or completeness of this information and materials and to the extent permitted by law expressly disclaims liability for errors or omissions in this information and materials. Except for warranties which cannot be excluded at law, no warranty of any kind, implied, express or statutory including but not limited to the warranties of non-infringement of third party rights, title and freedom from computer virus, is given in conjunction with the Site, information and materials.
Limitation Of Liability
To the extent permitted by law, in no event will Citi be liable for any loss or damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Citi, or representatives thereof, are advised of the possibility of such damages, losses or expenses. To the extent permitted by law, liability under any condition or warranty which cannot be legally excluded is limited at Citi's option to replacement or resupply of goods or services or payment for the same.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and of the Federal Court of Australia.
Terms and Conditions
These terms and conditions are separate from and in addition to any other terms and conditions applicable to you as a client of a particular Citi business or entity, and nothing in these terms and conditions shall override those other terms and conditions. Certain sections or pages on this Site may contain separate terms and conditions, which are in addition to these general Site terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. These terms and conditions represent the complete and exclusive statement of the agreement and understanding between you and CGMS regarding your rights to access and use the Site and information on the Site, and supersede all prior and contemporaneous agreements and representations regarding such subject matter. Except as herein provided, no waiver, modification or amendment of any provision of these terms and conditions shall be effective against CGMS unless the same is in writing and signed by an authorized official of CGMS. CGMS may modify these terms and conditions at any time upon written notice or posting to the Site. Should any term or provision of these terms and conditions be deemed or held to be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect. CGMS failure to insist at any time upon strict compliance with any term of these terms and conditions, or any delay or failure on CGMS part to exercise any power or right given to CGMS in these terms and conditions, or a continued course of such conduct on CGMS part shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise.
Termination and Assignment
Either you or CGMS may terminate these terms and conditions and your access to the Site at any time. CGMS may discontinue or change the information or the Site, or their availability to you, at any time. The terms and conditions relating to Limitation of Liability and Property Rights in Information and Services shall survive termination. These terms and conditions and your rights and obligations hereunder may not be assigned by you without the written permission of CGMS and shall inure to the benefit of CGMS's successors and assigns whether by merger, consolidation or otherwise. CGMS may assign these terms and conditions or any of its rights or obligations under these terms and conditions to a company affiliated with, or a successor to or assignee of, Citi, or to any other third party.
Complaints
If you have any complaints regarding the information on this Site you should contact the Compliance Manager at Citi Global Markets or your Financial Adviser. Citigroup Global Markets Australia is a member of the Financial Ombudsman Service.
Copyright and Trademarks
© Citigroup Inc., 2003. Member SIPC. Citi and Arc Design are trademarks and service marks of Citigroup Inc or its affiliates and are used and registered throughout the world. Nikko is a service mark of Nikko Cordial Corporation. Citibank is a registered service mark of Citibank or Citibank N.A. All rights reserved. Any unauthorized use, duplication, redistribution or disclosure is prohibited by law and will result in prosecution.