The Applicants agree, acknowledge and declare that he/she/they:
a. have received, read and understood the Information Memorandum for the Fund to which this application form applies and agree to be bound by the terms of the Information Memorandum, and the Trust Deed of the Fund, as amended from time to time.
b. agree to the collection, use and disclosure of his/her/their personal information as set out in the Information Memorandum and the Trustee’s Privacy Policy. The Trustee and the Fund Administrator are required to obtain certain information to enable compliance with AML/CTF, FATCA and CRS requirements and the Applicants undertake to provide such additional information or documentation as requested from him/her/them from time to time to ensure the Trustee’s compliance with such requirements. The Trustee and the Fund Administrator may also be required to report this information to regulatory or law enforcement agencies, including AUSTRAC and the ATO.
c. understand that should he/she/they fail to provide any information or documentation requested by the Trustee, the application may be refused.
d. understand the risks associated with holding Units in the Fund including the risks as they are outlined in the Information Memorandum.
e. understand that the Trustee reserves the right to reject any application or scale back an application in its absolute discretion.
f. are not aware of any liquidation or bankruptcy proceedings that have commenced or are intended to be commenced by any person against him/her/them.
g. understand that none of the Trustee, Investment Manager or any of their related bodies corporate, principals, officers, employees or agents makes any recommendation as to the suitability of the Fund for him/her/them and the Information Memorandum does not contain personal investment or taxation advice. He/she/they have to the extent that he/she/they consider necessary sought his/her/their own financial, investment and taxation advice before deciding to invest in the Fund and making an application.
h. understand that applications and investments in the Fund are not deposits with or other liabilities of the Trustee, Investment Manager or any other person and are subject to investment risk, including possible loss of income and capital invested. None of the Trustee, Investment Manager or any other person guarantees any particular rate of return or the performance of the Fund, nor do they guarantee the repayment of capital from the Fund.
i. have provided information as part of this application that is true, correct and complete.
j. understand that where this Application Form is sent by email, he/she/they must also send the original signed Application Form, and certified copies of identity documents, to the address specified in the Application Form. None of the Trustee, Fund Administrator, Investment Manager or any of their duly appointed agents will be responsible to him/her/them for any loss resulting from the non-receipt or illegibility of any application sent by email or for any loss caused in respect of any action taken as a consequence of such an email believed in good faith to have originated from properly authorised persons.
k. confirm that the investment is for his/her/their own account (for individuals not acting as nominee)
l. If this application form is being signed under a power of attorney, have not received notice of revocation of that power.