Legal & regulatory

Legal & Regulatory Information – May 2012

Company and Regulation Status

For the purposes of this Website (“Website”), the name “Aviva Investors” as used here refers to the global organisation of affiliated asset management businesses operating under the Aviva Investors name. Each Aviva Investors affiliate is a subsidiary of Aviva plc, a publicly-traded financial services company headquartered in the United Kingdom.

Terms and Conditions of Use

This Website is directed at wholesale investors (as defined by the Corporations Act (2001) (hereinafter individually referred to as “Permitted Investor” and collectively as “Permitted Investors”).

This Website is not directed at persons in any jurisdiction other than Australia. Specifically, the Website is not aimed at US persons.

By using the Website you agree to the following Terms and Conditions of Use.

If you do not accept these Terms and Conditions of Use and do not intend to be bound by them you must not use the Website and should exit it immediately.

Intended Audience

The content of this Website is intended as a source of general information for Permitted Investors only unless specifically indicated otherwise. It is not intended for use by retail investors. If you are not a Permitted Investor, you must not use the Website and should exit it immediately.

Information from this Website must not be issued in any jurisdiction where prohibited by law and must not be used in any way that would be contrary to local law or regulation. Specifically, the products and services mentioned on this Website must not be promoted in any jurisdiction where this would not be permitted.

Copyright and Reproduction Notice

Except as otherwise indicated, Aviva Investors is the owner of the copyright in all of the information featured on the Website, and of all related intellectual property rights, including, but not limited to design, database rights, trademarks, registered trademarks, service marks and logos.

Reproduction of any part of this Website is only permitted with the prior written permission of Aviva Investors or in accordance with the express authority given in this Website.

Intellectual Property Rights

The Website contains Aviva Investors’ trademarks and logos which must not be downloaded nor used for any purpose whatsoever. If you require use of Aviva Investors’ trademarks and logos in connection with the marketing and promotion of projects in which Aviva Investors is involved, please contact graphics.uk@avivainvestors.com in the Marketing Department at Aviva Investors.

Under no circumstances must the trademarks or logos be used in connection with any defamatory, illegal or illicit materials or projects or otherwise in any way that may cause any damage to the reputation or goodwill of Aviva Investors. In each circumstance where the Aviva Investors trademarks or logos are used, such use must be accompanied with a statement that the trademarks or logos, as applicable, are the property of Aviva Investors together with any appropriate symbol TM or ®. Aviva Investors may at any time impose additional conditions for the downloading and use of its trademarks and logos. For the avoidance of doubt, under no circumstances shall any user acquire any interest in the intellectual property rights in Aviva Investors’ trademarks or logos and no rights are granted to use any third party trademarks or logos which appear on the Website.

You must not, nor must you allow any other person to reproduce, publish, transmit, circulate, distribute, copy, alter, add to, delete, remove or tamper with the Website or any part of it including the logo, directly or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter the Website including the logo, other than in the course of viewing or using it in accordance with these Terms and Conditions of Use.

Changes

Any aspect of the Website, including the information contained herein may be altered, deleted, adapted or in any other way amended at any time and without notice by Aviva Investors. These Terms and Conditions of Use may change from time to time and those changes will be posted on the Website for your information. You are advised to review this page on a regular basis.

If you continue to use the Website after any such amendments have been made, you will be deemed to have accepted those amendments and will accordingly be bound by them.

Links

This Website may contain links to other websites, including third party websites. These links are provided for your convenience only. Neither Aviva Investors nor any Aviva Investors entity has any control over, endorses or is in any way responsible for the content of such third party websites.

If you wish to provide a link to this Website you must seek the prior written approval of Aviva Investors. Please contact online.marketing@avivainvestors.com in the Marketing Department at Aviva Investors.

Website not an Offer or Solicitation

The contents of this Website, including any document or narrative, does not constitute an offer or solicitation to provide financial services or interests, units or shares in any of the funds managed by Aviva Investors globally.

This website is only intended to provide general information about the global business of Aviva Investors.

Any specific enquiries about how Aviva Investors may be able to help you must be directed to authorised individuals in your jurisdiction.

Money Laundering Regulations

In order to satisfy the requirements of the money laundering regulations, additional documentation confirming identification will be required if you make an investment.

Advice and Recommendations

The information on the Website does not in any way constitute investment, tax, legal or any other form of advice. Where stock names are mentioned, it should not be construed that these are recommendations to buy or sell those stocks.

If you require investment advice please contact a regulated financial adviser.

Limitation of Liability and Disclaimer

Aviva Investors provides this website on an "as is" basis and to the fullest extent permitted by law, makes no, and expressly excludes, all representations (except for fraudulent misrepresentation) and warranties of any kind with respect to the Website and its contents including, without limitation, warranties as to quality and fitness for purpose. Aviva Investors does not represent or warrant that the information accessible via the Website is accurate, complete or current nor that the Website will meet any particular requirements, be available, accessible, uninterrupted, timely, secure, operate without error or that it will be free from viruses or other harmful elements.

Except as specifically stated on the Website, to the fullest extent permitted at law, neither Aviva Investors entities or any of their related corporations, associates, affiliates, directors, employees or other representatives, will be liable (whether under contract, tort, statute or otherwise howsoever arising) for any damages, losses, costs, claims, liabilities or expenses arising out of or in connection with the use of the Website. This limitation of liability shall apply to all damages, losses, costs, claims, liabilities and expenses of any kind, whether direct or indirect and consequential, including (but without limitation) legal costs or expenses, loss of profits, loss of anticipated savings, loss of data, loss of revenue, loss of business, loss of use of money, loss of opportunity, loss of or damage to property and/or any wasted expenditure and any third party claims.

Please remember that:

• past performance is not a guide to future performance;
• he value of investments and the income from them may go down as well as up and you may not get back the amount you invested;
• rates of currency exchange may cause the value of investments to go up or down.

General

If for any reason any part of these Terms and Conditions of Use is deemed to be unenforceable, then the validity of the remaining part shall not be affected. Any waiver by Aviva Investors of a breach of any provision of these Terms and Conditions of Use shall not be deemed to be a wavier of any subsequent breach of any provision. All disclaimers, terms and conditions as set out in the Website shall form part of the Terms and Conditions of Use of the Website.

Please also refer to our Privacy Statement.

Receipt of e-mail

Please note there is no guarantee that any e-mail sent to us will be received or that the contents of the e-mail will remain confidential during internet transmission.

Law and Jurisdiction

These Terms and Conditions of Use and your use of the Website shall be governed by and construed in accordance with Australia law. By using this website you accept that any dispute under these Terms and Conditions of Use or arising out of use of this Website shall be subject to the non-exclusive jurisdiction of the Australia courts to which you submit. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website.