Terms & Conditions

1. Introduction

Montgomery Asset Management (ABN 53 679 155 509), trading as Bayside Asset Management, operates under AFSL 524371. These Terms of Service (“Agreement”) govern the provision of services by Bayside Asset Management (“we,” “us,” or “our”) to you, the Client (“you” or “your”). By using our services, you agree to comply with these Terms.

2. Definitions and Interpretation

In these Terms:

• “Agreement” means this document and any document that supplements or varies it.
• “Application Form” refers to forms provided by Bayside Asset Management for opening client accounts.
• “General Advice” is financial product advice that does not take into account your personal objectives, financial situation, or needs, as defined under the Corporations Act 2001 (Cth).
• “Execution-Only Services” means transactional services where we act on your instructions without providing any financial advice.
• “Broker” refers to any third-party broker engaged for executing your orders.
• “AFSL” refers to the Australian Financial Services Licence under the Corporations Act 2001 (Cth).
• “ASIC” is the Australian Securities and Investments Commission.
• “Business Day” refers to any day other than a weekend or a public holiday in Australia.

3. Services Provided

Bayside Asset Management provides:

•  General Advice: Financial product advice that does not consider your specific objectives, financial situation, or needs. It is your responsibility to assess whether this advice is appropriate for you before acting on it.
•  Execution Services: We execute transactions based on your instructions, without providing any personal advice.

These services comply with AFSL 524371 and the regulations under the Corporations Act 2001.

4. Obligations

You agree to:

1. Provide complete, accurate, and up-to-date information when required.
2. Understand that we provide General Advice only, which does not take your individual circumstances into account.
3. Assume full responsibility for your decisions based on General Advice or the execution of your instructions.
4. Assess whether the General Advice provided is appropriate for you before making any financial decisions.
5. Review Your Investments Regularly: It is your responsibility to regularly review your financial products and investments to ensure they continue to meet your objectives.

5. Client Acknowledgements

You acknowledge:

• You have received and understood our Financial Services Guide (FSG).
• General Advice is provided without considering your personal objectives, financial situation, or needs.
• Investment in financial products carries risk, and the value of your investments may fluctuate. The execution of transactions is based solely on your instructions, and Bayside Asset Management does not provide any assurance of profitability or outcomes.

6. Client Instructions – Execution Service

You authorise us to:

1. Instruct third-party brokers to buy or sell financial products based on your instructions.
2. Execute trades based on your instructions without providing personal advice on the appropriateness of the transaction.
3. Refuse to act on instructions that are ambiguous, unclear, or potentially in breach of any regulations, including the Corporations Act 2001 or ASX Rules.

We will not hold client funds or financial products during the execution process. Any proceeds will be deposited into your nominated account by the relevant broker.

7. Fees and Charges

You agree to pay:

• Service Fees: As outlined in our FSG or your client agreement for the provision of General Advice or Execution-Only services.
• Transaction Costs: Related to trades, including brokerage fees and any applicable taxes.
• Government Charges: Including GST and Capital Gains Tax (CGT), where applicable.

We reserve the right to amend our fees with 30 days’ written notice before changes take effect.

8. Privacy and Confidentiality

We manage your personal and financial information in compliance with the Privacy Act 1988 (Cth).

• We may disclose your information to third parties (e.g., brokers, regulatory bodies) where necessary for the provision of services or as required by law.
• By using our services, you consent to the collection and use of your personal information in accordance with our Privacy Policy.
• Data Security: Bayside Asset Management takes reasonable steps to ensure that your information is stored securely, whether in electronic or physical form. You are responsible for safeguarding your login credentials and ensuring that any online platforms provided by us are used securely.

9. Technology and Online Platforms

•  Use of Technology: We may provide access to online systems or platforms for trading and monitoring your investments. Bayside Asset Management cannot guarantee the continuous, uninterrupted, or error-free operation of these systems.
•  Third-Party Providers: Our platforms may rely on third-party providers. We are not liable for disruptions caused by technical failures beyond our control, such as internet outages or platform downtimes.
•  Client Responsibility: You agree to use our online systems responsibly, including maintaining the confidentiality of your login credentials.

10. Liability and Indemnity

Bayside Asset Management is not liable for any:

• Losses incurred due to market fluctuations or investment risks.
• Delays or errors in trade execution caused by third-party service providers (e.g., brokers or technology providers).
• Consequences of decisions made based on General Advice, as this advice does not take your personal financial situation into account.
• Tax and Legal Obligations: Bayside Asset Management does not provide tax or legal advice. It is your responsibility to seek independent professional advice on tax or legal matters related to your investments.

You agree to indemnify Bayside Asset Management against any claims, losses, or liabilities arising from your actions, instructions, or failure to comply with these Terms.

11. Risk Disclosures

You acknowledge that:

1. Market Risk: Financial products and investments are subject to market risk. The value of your investments may rise or fall due to market conditions, and past performance is not a reliable indicator of future performance.
2. Currency Risk: If you invest in products denominated in foreign currencies, exchange rate fluctuations can impact the value of your investments.
3. Liquidity Risk: Some financial products may not be easily sold or converted to cash, especially in times of market volatility.
4. Systemic Risk: Economic, political, and social events may cause disruptions in the financial system, impacting the value of your investments.

12. Termination of Agreement

This Agreement may be terminated by either party by providing 30 days’ written notice. Upon termination:

• You remain liable for any fees incurred before the termination date.
• We will cease to provide services, and any ongoing transactions or accounts will be closed or transferred as necessary.
• Any unpaid fees and costs associated with the termination will remain payable by the Client.

13. Subscription Refunds

We want our clients to feel confident in subscribing to our research services. That’s why we offer a 10-day cooling-off period. If you decide to cancel within 10 days and haven’t accessed or downloaded any proprietary research, we’ll provide a full refund

14. Third-Party Services

Bayside Asset Management may recommend or refer you to third-party products or services. However, we do not guarantee the performance or suitability of third-party services and are not liable for any loss arising from your use of them. It is your responsibility to perform due diligence on any third-party services.

15. Force Majeure

We are not liable for delays or failure to perform services due to circumstances beyond our control, including but not limited to natural disasters, wars, pandemics, or regulatory changes.

16. Complaints and Dispute Resolution

If you are dissatisfied with any aspect of our services, you may lodge a complaint in writing. We will handle your complaint according to our Complaints Handling Policy, which complies with ASIC regulations.If we cannot resolve your complaint to your satisfaction, you may refer the matter to the Australian Financial Complaints Authority (AFCA), an external dispute resolution scheme approved by ASIC.

17. Governing Law and Jurisdiction

This Agreement is governed by and interpreted in accordance with the laws of New South Wales and the Commonwealth of Australia. Both parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

18. Confidentiality

Any confidential or proprietary information disclosed by Bayside Asset Management during the provision of services remains confidential. You agree not to disclose any such information to third parties without our consent, except where required by law.

19. Amendments

We may amend these Terms at any time by providing you with written notice. Amendments will take effect 7 days after notice is given, unless otherwise specified.

20. Assignment

You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. Bayside Asset Management reserves the right to assign or transfer this Agreement at any time without your consent.

Contact Information

For any inquiries or issues related to these Terms or services, please contact us at:

• Phone: (02) 7251 8714
• Email: Info@baysideam.com.au
• Address: Level 5, 115 Pitt St, 2000

Disclaimers:

•  General Advice Disclaimer: We provide General Advice only, which does not take into account your individual financial objectives, situation, or needs. You should assess whether this advice is suitable for your circumstances before acting on it.
• Investment Risk: Investing in financial products carries inherent risks. The value of your investments may rise or fall, and past performance is not indicative of future returns.
• No Guarantees: Bayside Asset Management does not guarantee the performance of any investment product or service provided