Privacy Policy

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The  Constellation  Terms of Use set out below (the Agreement) govern your use of the  Constellation  website located at www.raizinvest.com.au(the Website) or as a mobile phone app (App) and form a binding agreement between  Constellation  ( Constellation  ) and you in relation to your use of the Website.

Please read the Agreement carefully before using the Website or App. If you have any questions, please contact us. By using the Website or App, you acknowledge and agree that you have had an opportunity to read and understand all of this Agreement and the Privacy Policy at www.raizinvest.com.au/privacy and you agree to be bound by their terms and conditions. If you do not agree with the terms set out in this Agreement or the Privacy Policy, you should not access or use the Website/App.

This Agreement does not constitute an agreement by  Constellation  to provide services to you. Such an agreement with you is only formed when your  Constellation  Investment Account is established in accordance with the Product Disclosure Statement. At that point in time, you will become subject to the terms of this Agreement and the terms of the Product Disclosure Statement with respect to your use of the  Constellation  services, and your  Constellation  Investment Account. Any services that you receive from  Constellation  will be subject to the terms of a separate written agreement and the applicable Product Disclosure Statement.  Constellation  will only provide its services to users who meet its eligibility requirements which, at this time, include a requirement that the users be an Australian resident. Please be aware that whilst  Constellation  will not be bound to provide you with services prior to the establishment of your  Constellation  Investment Account in accordance with the Product Disclosure Statement, your use of the Website/App prior to that point (eg any browsing activity of the publically accessible portions of the Website/App) will remain subject to this Agreement.

General Advice Only

While all reasonable efforts have been made to ensure that the information and content contained in this Website/App is accurate and up to date, it is not designed to provide personal financial or investment advice. The information provided does not take into account your particular investment objectives, financial situation or investment needs. You consent that the product disclosure statement can be sent to you via email.

• General Advice Only
  •  Constellation  reserves the right to modify, discontinue or disable the Website/App or any part of the Website/App (on a permanent or temporary basis) at any time. While  Constellation  will, where reasonably practicable and possible, endeavour to provide you with prior notice of such modifications, discontinuations or disabling, you agree and accept that it may not always be possible to provide you with such prior notification.
  • This page has been prepared by  Constellation   for general promotional purposes only and is not an offer to sell or solicitation to buy any financial product. This page has been prepared without taking account of your objectives, financial situation or needs. Consequently, before acting on the information in this page, you should consider the appropriateness of the information in view of your own objectives, financial situation and needs.
  •  Constellation  makes no representation and gives no advice in respect of any financial, investment, tax, legal or accounting matters in any jurisdiction including the suitability of any financial product to investors. Neither  Constellation  nor any of its affiliated companies, agents or subcontractors shall be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including lost profits arising in any way from, including but not limited to: (i) the information provided in the Website/App; (ii) the modification or misuse of information on the Website/App; or (iii) claims of third parties in connection with the use of this Website/App.
  • You must not use the Website or App:
    • to collect any personal information on other individuals or to upload personal information of other individuals, including their names, address, phone number or any other identifying information; or
    • for any unlawful purpose.
  • You must not violate or attempt to violate the security of the Website or App. You must not hack into the Website, App,  Constellation's computer systems or the computer systems of other users of the Website or App. "Hacking" means unauthorised access, malicious damage and/or interference and includes, without limitation, spamming, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website/app.
  • If you breach the terms of this Agreement,  Constellation  may (at its option, and without limiting the remedies available to  Constellation  in any way) terminate its agreement with you or bar you from accessing the Website or App on a temporary or permanent basis.
• Usernames and passwords
  • You can play an important role in keeping your personal information secure by maintaining the confidentiality of any password and accounts used on the Website or App. Please notify  Constellation  immediately if there is any unauthorised use of your account by any other internet user or any other breach of security.
  • You are responsible for the security of your user name and password (or other log-in information) and you take responsibility to ensure the confidentiality of this information.
• Intellectual Property Rights
  • The Website/App and all content contained on the Website/App (including without limitation all text, graphics, icons, advertisements, photographs, databases, trade marks and other information contained on the Website/App (other than Third Party Content) ( Constellation  Content) (and all intellectual property rights that subsist in the Website/App and  Constellation  Content, including without limitation copyright, trade marks, patents, design rights and all other forms of intellectual property existing in the world) are owned and operated by  Constellation  or its third party licensors and suppliers. Nothing in this Agreement constitutes a transfer of any intellectual property rights.
  • Subject to this Agreement and all applicable laws and regulations,  Constellation   grants you a non-exclusive, non-transferable, personal, limited licence to download, access, view, use and display the  Constellation  Content which  Constellation  makes available to you from time to time on the terms and conditions set out in this Agreement.
  • You must not do anything which breaches or otherwise interferes with  Constellation's intellectual property rights or the intellectual property rights of any of  Constellation's third party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from any  Constellation  Content without the prior written permission of  Constellation  or the relevant third party licensor or exploit such contents for commercial benefit.
  • All rights not expressly granted are reserved by  Constellation  .
• Privacy
  • By using the Website and the App, you agree to provide true, accurate, current and complete information about yourself, and your accounts maintained at third party websites and you agree to not misrepresent your identity or your account information held with third party account providers.
  • 4.2 By using, and continuing to use, the Website and the App, you authorize  Constellation  and its service providers (Service Providers) to access third party websites designated by you, on your behalf, to retrieve information requested by you in order to facilitate the provision of services by  Constellation  . For that sole purpose only, you hereby appoint  Constellation  and each Service Provider as your agent, with full power of substitution and resubstitution, to access third party websites, servers or documents, retrieve information, and use your information, all as described in this clause 4.2, with the full authority to do and perform anything necessary to be done in connection with such activities, as fully to all intents and purposes as you may or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN  Constellation  OR A SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY WEBSITES,  Constellation  AND ANY SERVICE PROVIDER ARE ACTING AS YOUR AGENT. You agree that third party account providers are entitled to rely on the foregoing authorization and agency granted by you solely for the purpose set out in this clause 4.2.
  • Any personal information collected by  Constellation  through the Website/App, or otherwise collected by or on behalf of Raiz, will be dealt with in accordance with the  Constellation  Privacy Policy.
• Third Party Activities
  • The  Constellation  Website or App may contain links to third party websites where content is not controlled by  Constellation   (Linked Sites).
  • Links to Linked Sites are provided for convenience only. The appearance of a link to a Linked Site does not imply  Constellation's endorsement of that Linked Site or any content created or uploaded by a party other than  Constellation  , including all text, graphics, icons, advertisements, photographs, databases, trade marks and other information created and/or uploaded by such a party (Third Party Content).  Constellation  has no control over and is not responsible for any Linked Site or any Third Party Content.
  • You access Linked Sites at your own risk and, to the full extent permitted by law, subject to clause .6.5,  Constellation  disclaims all guarantees and warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on such Linked Sites and in Third Party Content.
  • Your use of Third Party Content (including, without limitation, that featured on Linked Websites) may be subject to a third party's terms and conditions of use. It is your responsibility to check and comply with such terms.
• Liability
  • To the full extent permitted by law and subject to clause .6.5,  Constellation  excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in this Agreement.
  • To the full extent permitted by law and subject to clause .6.5, the Website/App and the  Constellation  Content is provided to you "as is" and on an "as available" basis, without any representation or endorsement made and without warranty or guarantee of any kind (whether express or implied). This means that  Constellation  does not guarantee continuous, uninterrupted or secure access to the Website/App or that its servers are free of computer viruses, bugs or other harmful components or that defects will be corrected. As a result, you may at times experience disruption or other difficulties in using the Website/App. You should consider the potential for disruption or other difficulties in planning your use of the Website/App. To the extent permitted by law,  Constellation  has no liability to you whatsoever for loss or costs of any kind you suffer as a result of or in connection with any disruption or other difficulties in using the  Constellation  Website or App.
  • To the full extent permitted by law, subject to clause .6.5 and except where the relevant liability arises from  Constellation’ unlawful actions, neither  Constellation  nor any party involved in creating, producing or delivering the Website/App accepts any liability for the accuracy, timeliness or completeness of the information contained on the  Constellation  Website/App or any responsibility for any errors or omissions in the content on the  Constellation  Website/App.
  • To the full extent permitted by law, subject to clause .6.5 and except where the relevant liability arises from  Constellation  ' unlawful actions,  Constellation  excludes all liability to you for any damages or loss (including without limitation direct, incidental, indirect, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit, or loss or corruption of data) arising out of your access to, or use of, or inability to use or access the Website/App or otherwise in connection with:
    • your use of, or reliance on, the Website/App (or any of the  Constellation  Content, Linked Site or Third Party Content) however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise));
    • the accuracy, timeliness, credibility, quality, utility or completeness of the information contained on the  Constellation  Website/App; and/or
    • any errors or omissions in the content on the Website/App, whether or not  Constellation  is aware of such errors or omissions.
  • Certain legislation including the Australian Consumer Law, may imply warranties or conditions or impose obligations, remedies or guarantees which cannot be excluded, restricted or modified except to a limited extent. Such legislation may, for example, impose non-excludable guarantees that goods are of acceptable quality or that services will be rendered with due care and skill (with certain remedies available to consumers for certain breaches of such guarantees). To the extent that such legislation applies, this Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of this Agreement, to the extent that  Constellation  is entitled to do so,  Constellation  limits its liability pursuant to such provisions for any goods to the replacement, repair or refund of the cost of goods, or for services, to the re-supply or the payment of the cost of having the services supplied again.
  • You agree to fully compensate  Constellation  and its officers, employees and agents from and against reasonable liability, loss, damage, costs and expense (including, without limitation, reasonable legal expenses on a reasonable basis) and penalties incurred or suffered by any of them arising out of:
    • your material breach of this Agreement (noting that for the purposes of this clause 6.6, a material breach will include, without limitation, a breach of a representation, obligation or warranty);
    • any misuse or use of  Constellation  Content in breach of this Agreement; and
    • any act of fraud or wilful misconduct by or on behalf of you.
  • The technology used by the  Constellation  Website and App involves machine learning (“ML”), which is a computational method that uses existing data to continually refine algorithm, improve performance and to make predictions. Certain types of inaccuracies are inherent and unavoidable in the use of this type of technology. You agree and accept that ML inaccuracies may arise in the course of  Constellation  providing services to you, which may adversely affect you, and that it may not always be possible for  Constellation  to identify such inaccuracies and/or provide you with notification of such instances. To the full extent permitted by law and subject to clause 6.5  Constellation  does not accept any responsibility for loss or costs of any kind you suffer as a result of or in connection with any inherent inaccuracies or omissions arising from the use of ML. However,  Constellation  will use its best endeavours to correct any such underlying inaccuracies where they are identified.
• General
  • We may provide you with notices in connection with this Agreement by posting such notices on the  Constellation  Website/App or, where appropriate, by email or mail if you have provided contact details for that purpose.
  •  Constellation  may assign this Agreement provided that the relevant assignee undertakes to perform all of  Constellation  obligations herein.
  • The obligations to compensate for losses incurred by  Constellation  and its officers, employees and agents in this Agreement are continuing obligations of the parties, separate and independent from their other obligations and survive termination of this Agreement and absolute and unconditional and unaffected by anything that might have the effect of prejudicing, releasing, discharging or affecting in any other way the liability of the party that is obliged to provide the compensation.
  • This Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
• Referral Fees
  • The Responsible Entity may, in its absolute discretion, determine pay a Referral Fee to investors from time to time.
  • The Responsible Entity will post a notice on its Website and via the  Constellation  App to notify investors;
    • when the payment of a Referral Fee commences;
    • the amount of the Referral Fee; and
    • when the payment of a referral Fee ends.
  • A Referral Fee will only be payable to an investor who successfully refers a new customer to open an  Constellation  Investment Account, and the refer is an Effective Referral (as defined in the PDS).
• Important Acknowledgements
  By applying for an  Constellation  Investment Account:
  • you consent to receive any and all advice, documents, information, or other communications from  Constellation  electronically through the Website, the App, email or otherwise over the internet;
  • you agree that you will use the App for all transactions in respect of your  Constellation  Investment Account;
  • you agree and acknowledge that you must have a direct debit arrangement in place to invest or withdraw from your  Constellation  Investment Account;
  • you agree and acknowledge that you must use the App to connect your  Constellation  Investment Account to your Funding Account to make investments;
  • you confirm that any information you enter into the App about your Funding Account and Spending Account, will be true, accurate, current, and complete;
  • you represent that your Funding Account is not, and will never be, a credit card, overdraft amount or any other borrowed money.
  • you agree and acknowledge that nothing in this PDS gives you any right to invest money in, or withdraw money from, your  Constellation  Investment Account other than by direct debit and direct credit from and to your nominated Funding Account in accordance with the PDS;
  • you agree and acknowledge that  Constellation  will undertake, in good faith, to generate and place the orders for ETF Units on the Business Day following the Business Day on which the Custodian credits each applicable contribution (including Round Up Deposits) to your  Constellation  Investment Account;
  • you agree and acknowledge that we will use your personal information to send you messages containing important information about your  Constellation  Investment Account. These messages are an important part of the service that we provide to you, and will be sent to you as long as you hold an  Constellation   Investment Account. You cannot opt-out of receiving these messages; and
  • you agree and acknowledge that by investing through an  Constellation  Investment Account you do not have access to some of the rights and entitlements that would otherwise be available to you as a retail investor if you invested in the ETFs directly, including not having the same rights as direct retail investors or not having access to:
    • cooling-off rights;
    • withdrawal rights in respect of Investments; and
    • voting rights in respect of Investments.
• Direct Debit Request Service Agreement
  • Definitions
    In this agreement:
    • agreement means this Direct Debit Request Service Agreement between us and you
    • debit arrangements means the debit arrangements that apply between us and you as set out in this agreement and the direct debit request
    • debit day means a day that your account is due to be debited by us
    • debit payment means a particular debit from your account
    • Direct Debit Request means the written, verbal or online request made to us by you to debit funds from your bank account
    • we, us or our means Instreet Investment Limited
    • your account means the Funding Account identified by you in the direct debit request from which you have authorised and requested us to debit funds
    • your financial institution means the financial at which you hold the account you have authorised
    • you means the member of  Constellation  Invest Australia Fund (as defined in the PDS) who has authorised the Direct Debit Request
  • Debit arrangements
    • By applying for an  Constellation  Investment Account, you agree to the terms of this agreement and authorise and request us to debit from your account any amount payable to us by you, including any payable Maintenance Fees.
    • If the debit day is not a Business Day, we can debit your account on the next Business Day. If you are uncertain about when a debit payment has been or will be processed, you should contact your financial institution.
  • Variation
    • We may vary or cancel the debit arrangements at any time if we have given you at least 14 days' notice of the variation or cancellation.
    • You can, in writing (including via email), ask for the debit arrangements to be altered. If you request a variation in the debit arrangements, you will be required to provide verification information again.
  • Cancellation
    • You can cancel your authority for us to debit your account; or change, stop or defer an individual debit payment at any time by giving us at least 3 days notice in writing or via email. You can also cancel the debit arrangements by contacting your financial institution, which must act promptly on your instructions.
    • If you cancel the debit arrangements with your financial institution, you must make other arrangements with an alternative financial instruction.
    • You must have a direct debit arrangement in place to operate your  Constellation  Investment Account.
  • Disputes
    • If you believe that we have debited your account incorrectly, contact us using the contact details on the front of this PDS as soon as possible. We can ask you to confirm your query in writing. We will investigate your query and notify you in writing of the action we have taken within 21 days.
    • If we find that the debit was made incorrectly, we will adjust your account accordingly (including in relation to interest and charges). To the extent permitted by law, we will not be liable for any other losses suffered by you. If we find that the debit was made correctly, we will provide you with reasons and any evidence for this finding.
    • You can also ask your financial institution to query a debit on your behalf.
  • Your account
    • Direct debiting is not available on all accounts and you should check with your financial institution whether direct debiting is available on your account.
    • It is your responsibility to ensure that the account details provided to us in the direct debit request are correct. You should check those account details against a recent statement from your financial institution.
    • If you are uncertain about the debit arrangements, you should check with your financial institution before completing the direct debit request.
    • It is your responsibility to ensure that your account has sufficient clear funds available on a debit day to permit a debit payment to be made in accordance with the direct debit request.
  • Failed payments
    • If your financial institution does not permit us to process a debit payment on a debit day (whether because there are insufficient clear funds or for any other reason), the following terms apply.
    • We will notify you in writing and we may charge you reasonable costs incurred by us on your account of there being insufficient funds.
    • Your financial institution may also require you to pay fees, charges and interest.
  • Notices
    • If you are required or wish to give us written notice in relation to the debit arrangements, use the App or email us at support@constellation.com.au. We will send notices to you by email to the address that you have provided to us. Any notice will be deemed to have been received on the second banking day after sending.

Our Financial Licenses are through Enva Holdings Pty Ltd ABN 35 002 976 294;  AFSL 234665