The providing entity of the services described in this document is MaqroCapital Pty Ltd ACN 615 683 442, authorised representative of Sanlam Private Wealth Pty Ltd (AFSL No. 337927), AFS Authorised Representative No. 001249634. Registered office: Level 7, 89 York Street, Sydney NSW 2000. Website: www.maqro.com.au.
1. These terms and conditions constitute an agreement between you and us and together with the Corporations Act and the Rules, will govern the provision of services by us to you.
2. You will be deemed to have accepted this agreement by:
3. By accepting this agreement, you acknowledge and agree that:
4. You accept and agree that your account may be governed by terms and conditions of our third party service providers and to which Maqro may not be a party to.
5. You appoint us as your authorised agent and power of attorney for the purpose of:
6. Our appointment will continue until such time that it is terminated in accordance with clause 57.
7. We are authorised by Sanlam Private Wealth to provide general advice on and deal in the following classes of financial products within the meaning of the Corporations Act:
(financial products)
8. You acknowledge and agree that we will not:
9. You further acknowledge and agree that:
10. For the avoidance of doubt, our advice will not consider potential tax or other regulatory effects of particular transactions on you.
11. You may instruct us to enter into transactions for the sale or purchase of financial products, on your behalf, via the third party service providers referred to in clause 5.a.
12. Wemay accept instructions either orally or in writing, including by electronic measures. We are under no obligation to verify the authenticity of any instruction or purported instruction and may act on any instruction without further enquiry or delay. You cannot revoke your instructions after they have been executed.
13. We may, but are under no obligation to, provide confirmation of your instructions. To the extentthat you requireconfirmation, you must contact us to confirm that your instructions have been received by us.
14. We may, acting reasonably, decline your instructions and not act on a particular instruction given, or purported to be given, and may defer action or seek further information (including a verification of an instruction) as we see fit. We are not required to provide a reason for declining any instructions.
15. You must not instruct us to enter into any transaction which could cause us to breach the Corporations Act or any other applicable laws or Rules, including, without limitation, in relation to:
16. You must not knowingly provide instructions that, if executed, will result in there being no change of beneficial ownership of the relevant financial product.
17. If you are more than one person:
18. You may authorise another person (Authorised Agent) to provide instructions on your behalf. You must notify us in writing of any such authorisation, setting out the name, contact details and specimen signature of your Authorised Agent. You may, at any time, revoke the appointment of an Authorised Agent and substitute another person as an Authorised Agent. Any revocation, or substitute, of an Authorised Agent will not be effective until we confirm receipt of the revocation or substitution (as applicable) in writing.
19. We may treat any instructions given, or apparently given by an AuthorisedAgent as havingbeen given by you, and rely on those instructions without further enquiry.
20. You remain solely liableand responsible for all acts and omissions of your Authorised Agent notwithstanding the act or omission of the Authorised Agent was:
21. You agree not to make, and release us from any right you may have to make,any claim againstus for any loss or liability incurred or suffered by you which may arise in connection with any act or omission by the Authorised Agent, but only to the extent that we were not actually aware that the Authorised Agent was acting outside authority or of any error, fraud, negligence or breach.
22. You acknowledge and agreethat we will not be liable for any loss or liability incurred or suffered by you arising out of, or in connection with, our declination, cancellation or delay of an instruction, and will not be responsible for any missed market opportunities during the time requiredto execute your instructions, comply with our internal procedures or the procedures of any third party service providers, including those imposed under the Corporations Act or the Rules.
23. You must ensure that all detailsrelating to your instructions to deal in financial products are accurate. We will not be liable for any errors or omissions in any instructions given by you.
24. We will use our best endeavours to effect your instructions to place, amend or cancel a transaction as expeditiously as possible, however, you acknowledge that there may be delays in executing instructions.
25. You acknowledge and agree that:
26. You must comply with all terms and conditions relevant to transactions stipulated by the third party service providers, including (but not limited to) margin requirements. We will not be responsible for any loss or liability incurred or suffered by you which may arise in connection with any act or omissionof the third party service providers in executing your orders.
27. We will not hold any moneyfor the purchaseof financial products or proceeds from the sale of financial products.
28. You must ensure that all funds required by the third party service providers referred to in clause 5.a to settle a transaction for the purchase of a financial product, and all commissions, taxes and other charges in respect of that transaction are otherwise made available for use by the third party service providers at the time the order in respect of that transaction is processed. Payment must be in accordance with the thirdparty service provider’s terms and conditions.
29. You must provide all information, documents and security holder information (including your HIN or personal identification number and, if applicable, shareholder reference number) reasonably required by us or the third party service providers prior to settlement of any transaction for the sale of a financial product.
30. You acknowledge and agree that the third-party service providers will:
31. You agree to pay to us and Sanlam Private Wealth:
32. You authorise us and Sanlam Private Wealth to share commissions and charges with our employees, directors, representatives, associates, third party service providers and other third parties, and to receiveremuneration from such parties, including but not limited to interest on funds held on your behalf and stamping fees in respect of our dealing in financial products on your instructions in accordance with these terms and conditions.
33. All amounts expressed in these terms and conditions are, unless otherwise stated, exclusive of GST. If we are obliged under GST Law to pay an amount of GST for a taxable supply under these terms and conditions, you must pay tous an amount equal to the GST payable on the supply by us. You can request us to provide you with a tax invoice of the GST paid under this clause.
34. From time to time, we may provide brokerage refunds as an offering to you as part of our promotional activities. Where brokerage refunds are offered, you acknowledge and agree that:
35. Each time you provide us with instructions, you warrant and represent that such instructions are given by you as principal.
36. You represent and warrant that at all material times:
37. Save for any warranties and representations whichare implied by law and cannot be excluded by contract, we make no warranties in relation to any serviceor information providedor made available to you in connection with these termsand conditions. To the fullest extent permitted by law, we excludeliability for all costs, expenses, damages and losses arising in connection with such services or information, or these terms and conditions (including, without limitation, liability for negligence.)
38. We may enter into transactions in securities and other financial products as principal. Where permitted by law, we may take the opposite position in any such transaction with you, acting either for another client or on our own account.
39. You consent to us entering into such transactions with you. In relation to commission on such transactions, we are entitled to:
40. You acknowledge that we are an authorised representative of Sanlam Private Wealth and, together with other related entities, are involved in a full range of financial services and may conduct transactions in financial products as agent for clients or other related entities as principal. Accordingly, we may have a material interest or a conflict of interest in the financial services or financial product transactions we carry out with or for you.
41. When we become aware of such a conflict,wewill advise you.
42. You further acknowledge and agree that we may provide financial services to you and effect transactions in financial products with or for you notwithstanding that we, or Sanlam PrivateWealth, may have a material interest or a conflict of interest in relation to the service or transaction concerned, and that such interest will not void or otherwiseinvalidate your transactions in financial products under these terms and conditions.
43. We may record any telephone conversation between you and us, with or without an audibletone warning device.You agree that we may use such recordings for the purposes of monitoring compliance with your and our respective regulatory and contractual obligations, and resolving disputes. If there is a dispute between you and us, you have the right tolisten to any recording of any conversation between us and you. Nothing in these terms and conditions obliges us to keep a recording longer than ninety days.
44. You authorise us, to the extent permitted by law, to make inquiries regarding your credit worthiness from any person including, without limitation, any bank or credit reporting agency or your employer.
45. You agree that you have reviewed and understood our privacy policy available on our website and that information about you is collected by us, including without limitation:
46. You acknowledge that:
47. You agree that:
48. You agree to provide all information and documents we reasonably require to comply with any law in Australia or of any other counter, including any AML/CTF Laws and agree that we may disclose information which you provide to us, or about transactions you conduct, or seek to conduct, with us where we are required to do so by any such laws.
49. Subject to clause 49, we may amend these terms and conditions by giving you not less than 30 days prior written notice by email or such other method as agreed by you and us. Amendments will take effect on and from the 31stday after we provide you with notice in accordance with this clause.
50. We do not need to providenotice of the following amendments to the Fee Schedule which shall take effect immediately upon amendment of these terms and conditions:
51. If you do not agree with any amendments we make to these terms and conditions, you may terminate this agreement in accordance with clause 57. If you do not elect to terminate this agreement within 30 days of receiving notice of the amendments, you will be deemed to have read, understood and agreed to be bound by these terms conditions, as amended.
52. To the maximum extent permitted by law, neither us nor Sanlam Private Wealth shallbe liable to you for any loss, damage, cost or expense resulting from, caused by or in connection with:
53. You indemnify us and our officers, employees and agents and Sanlam Private Wealth and its officers, employees and agents (those indemnified) from and against any loss, damage, cost or expense (including legal costs on a full indemnity basis) paid, suffered or incurred by those indemnified arising out of any default by you under these terms and conditions, or negligent act or omission by you or your Authorised Agent.
54. A certificate signed by us detailing the amount of any loss, damage, cost or expense coveredby any indemnity in these terms and conditions will be sufficient evidence unless the contrary is proved by you.
55. Without prejudice to clause 51, our liability to you under or in connection with these terms and conditions, including in tort (including for negligence), understatute or otherwise, to the extent permitted by law, is limited in the aggregate to:
56. Notwithstanding anything else in these terms and conditions, our liability to you under or in connection with these terms and conditions, including in tort (including for negligence), under statute or otherwise, will be reduced proportionally to the extent that any negligent act or omissionby you or your Authorised Agent caused or contributed to the liability and / or you failed to act reasonably in mitigating your own liability.
57. We will not, under any circumstances whatsoever, be liable for any indirect, special or consequential loss sustained by you, howsoever caused, including whether or not caused by our negligence or arising out of contract, delict, negligence, strict liability or otherwise, even if we are advised of the possibility of such consequential loss, we know the consequential loss was possible or the consequential loss was otherwise foreseeable.
58. Either party may terminate this agreement immediately by giving written notice to the other party.
59. You agree that within 5 days of termination you will pay to us all amounts due and owing under these terms and conditions at the date of termination.
60. Termination of this agreementwill not affectany rights accruedby either party prior to termination.
61. If you wish to make a complaint, the Managing Director (Conrad Song) can be contacted on (02) 9262 4170 or by email at conrad.song@maqro.com.au. We will try to resolve your complaint quickly and fairly.
62. In the event that we are unable to resolve any issue or complaint you can contact SanlamPrivate Wealth who has formalised client complaint resolution procedure in place to resolve any complaints or concerns you may have about the service provided to you. These should be directed to the Compliance Manager (Mrs AmandaRoberts) who can be contacted on (03) 8640 5508 or by email at compliance@privatewealth.sanlam.com.au.
63. All complaints are reviewed and investigated by our Compliance Manager. If you make a complaint, our first response will be to contact you to discuss the complaint and to register a formal record of such complaint.
64. If, despite our best efforts, you believe your complaint has not been satisfactorily dealt with, we offer the use of an independent industry arbiter, namely, the Australian Financial Complaints Authority (AFCA). You can contact AFCA by writingto: Australian Financial Complaints Authority GPO Box 3 Melbourne, VIC 3001:
65. This agreement is governedby and construed in accordance with the laws of New South Wales.
66. Without prejudice to clauses 60 to 63, the parties submit to the non-exclusive jurisdiction of the courts in New South Wales and the courts competent to determine appealsfrom those courts,with respect to any proceedings which may be brought at any time relating to this agreement.
67. The parties waive any objection they may now or in the future have to the venue of any proceedings, and any claim they may now or in the futurehave that any proceedings have been brought in an inconvenient forum, if that venue falls within clause 65.
68. If any term, agreement, or condition herein is or becomes illegal, invalid, or unenforceable in any jurisdiction it will be severed and neither the remaining terms and conditions nor the application, validity, or enforceability of the severed term, agreement, or condition in any jurisdiction will be affected.
69. A party’s waiver of a right under or relating to this agreement, whether prospectively or retrospectively, is not effective unless it is in writing and signed by that party. No other act, omission or delay by a party will constitute a waiver of a right.
70. Any clause, right, entitlement, limitation or indemnity that vests in us under these terms and conditions shall vest equally in Sanlam Private Wealth, who may enforce such clause, right, entitlement, limitation or indemnity as if it were a party to this agreement.
71. Sanlam Private Wealth may assign or novate its rights and/or obligations under these terms and conditions. You must execute any documents which in Sanlam Private Wealth’s opinion are reasonablynecessary for those purposes. Neitherus nor you can assign, novate, transfer, or deal with your rights or obligations under this agreement.
72. The following rules apply when interpreting this agreement:
In this agreement, capitalised words have the following meanings:
Annexures means the annexures to this agreement.
Corporations Act means the Corporations Act 2001 (Cth).
Fee Schedule means the schedule to these terms and conditions setting out the commissions and other amounts payable by you to Us and Sanlam Private Wealth, as amended from time to time.
GST has the meaning given to it in the GST Law.
GST Law means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Rules means the mean the ASX Rules, the Chi-X Rules, the SSX Rules, the ASIC Rules, the ASX Clear Rules andthe ASX Settlement Rules (as applicable) and the rules of any relevant International Exchanges.
Sanlam Private Wealth means SanlamPrivate Wealth Pty Ltd (AFSL No. 337927).
Advised Clientmeans a type of clientusing the premiumservices of a Private Clients Dealer of Maqro Capital Pty Ltd.
Us, we, our is a reference to Maqro Capital Pty Ltd ACN 615 683 442acting as an authorised representative of Sanlam PrivateWealth.
You is a reference to the individual or entity engaging us to provide the services described in these terms and conditions appointing us as your authorised agent and power of attorney.
In this Schedule:
Advised Clients means a client who is engaged with a Maqro Adviser.
Self Directed Clients means a client who has opened a Maqro Trade Account and not engaged with a Maqro Adviser. Self Directed Clients receive an execution only service from Maqro.
Note: The fees andcommissions set out in this schedule are subject to change from time to time in accordance with clause 31 of the Terms and Conditions.
MaqroResearch is a paid subscription service that can either be subscribed on a monthly or annual basis. We use third-party services for processing payments for purchases. We do not store or collect your credit card details. Your payment information is provided directly to our third- party payment processors whose use of your information is governed by their Privacy Policy. Our third-party payment processors adhere to the Payment Card IndustryData Security Standards (PCI DSS), the global standard for all entitiesthat store, processor transmit cardholder data and/ or sensitive authentication data.
Our partnerfor processing paymentsis Stripe. You can view their PrivacyPolicy here.
Research Membership | Price |
Annual | $1,495 per year |
Monthly | $20 per month |
(all fees are inclusive of GST and may be discounted at the discretion of management)
MaqroResearch memberscan cancel their subscription at any time. Tocancel your subscription, contact us in writing at info@maqro.com.au. Upon cancellation, membership and access to MaqroResearch will be valid until the end of your respective current billing cycle.
1. You will be charged the following brokerage by our third-party service providers, as applicable (inclusive of GST):
Financial Product | Type of Fee | Trade Value | Amount / Rate |
Equities |
Brokerage (Self-Directed) | $0 - $5,000 | $5.00 |
$5,000 - $10,000 | $10 | ||
$10,000 - $15,000 | $15 | ||
Greater than $15,000 | 0.1% of TradeValue |
Advised Clients
Commission
2. You will be charged the following brokerage by our third party service providers, as applicable (inclusive of GST):
Financial Product | Type of Fee | Trade Value | Amount |
Equities | Brokerage (Advised Clients) | $0 - $10,000 | $100 |
Greater than $10,000 | 1% of Trade Value |
* The commission charged for any Equities transaction will appear as one amount on your statement being the total of the Commission - Clearing Fee and Commission – Execution Fee.
3. The third party service provider may charge you other fees, eg. Exercise/ Assignment Fee, Failed Settlement Fees, etc. Such fees are detailed in the agreement you sign with the third party service provider. Neither us nor Sanlam Private Wealth receive a portion of these fees unless disclosed in this schedule.
4. The commission payable by you pursuant to item 1.a above will be distributed as follows:
Type of Fee | Trade Value | OpenMarkets Australia Limited | Sanlam Private Wealth Pty Ltd* |
Brokerage | $0 - $10,000 | 10% | 90% |
$10,000 - $20,000 | 5% - 10% | 90% - 95% | |
Greater than $20,000 | 5% | 95% |
* The portion of brokerage paid to Sanlam is known as a Transaction Fee
The net Transaction Fee in item 3.a above, received by Sanlam Private Wealth, will be distributed as follows:
Party | Distribution |
Sanlam Private Wealth Pty Ltd | 5% - 10% |
Maqro Capital Pty Ltd | 90% - 95% |
1. I / We understand the risks associated with investing in financial products, including:
2. I / We have read, understood and acceptedthe Terms and Conditions.
3. I / We have read and understood Sanlam Private Wealth’s Financial Services Guide and Maqro Capital’s Financial Services Guide.
4. I / We have read, understood and accepted the terms of the Product Disclosure Statements issued by the relevant third party service providers.
5. I / We have provided true and legible copies of all documentation requested by Maqro and/ or the third party service provider.
6. I / We have executedan agreement with each third-party service provider, which sets out the terms and conditions under which the third party service provider will provide dealing services to me / us, including execution and clearing services and holding client money.
7. Where I / We are a corporation withinthe meaning of the Corporations Act 2001(Cth), we warrantthat we have full power and authority to enter into the Terms and Conditions on behalf of the corporation and in accepting the Terms and Conditions hereby bind the corporation to its terms.
8 Where I / We are enter into the Terms and Conditions as a trustee of a trust (Trust), we warrant that:
Authorised Agent (where the Clientauthorises another person to operatethe account on their behalfpursuant to clause 18 of the Terms and Conditions).
1. I / We understand that I/we have been appointed by the Applicantas their agent to enterinto transactions in accordance with this Terms and Conditions.
2. I / We agree to act in the best interests of the Applicantat all times.
3. I / We understand the Applicant's investment desires and have experience transacting in financialproducts and thereforefeel that financial products are suitable for use by the Applicant.
4. I / We have read, understood and accepted the Terms and Conditions.
5. I / We have read, understood and accepted the terms of the Product Disclosure Statements issued by the third party serviceprovider.
6. I / We have provided true and legible copies of all documentation requested by Maqro and/ or third party service provider.
7. Where I / We are a corporation within the meaning of the Corporations Act 2001 (Cth), we warrant that we have full power and authority to enter into the Terms and Conditions on behalf of the corporation and in accepting the Terms and Conditions hereby bind the corporation to its terms.
8. Where I / We are enter into the Terms and Conditions as a trustee of a trust (Trust), we warrant that: