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23. General provisions

 

23. General provisions

 

     23.1 In the event of any conflict between these Terms, the Account Opening Form, and any other ancillary document referred to in the Agreement, the order of precedence for the purpose of construction shall be:

 

          (i) the FSG;

 

          (ii) these Terms;

 

          (iii) the Account Opening Form; and

 

          (iv) any other ancillary document referred to in the Agreement.

 

     23.2 In the event of any inconsistency between the English language version of a document referred to in this Agreement and their translated equivalent in any other language, the English language version shall prevail, to the extent of any inconsistency.

 

     23.3 You are responsible for the payment of all taxes that may arise in relation to your portfolio. We shall not be responsible for advising you on any change in tax law or regulation and you shall, in all circumstances, be responsible for your own tax advice in relation to your portfolio.

 

     23.4 If any provision of the Agreement is invalid or unenforceable, the provision shall be severed from the remainder of the Agreement and shall not render the remainder invalid or unenforceable.

 

     23.5 No failure or delay by us to exercise any right or remedy provided under the Agreement or by Law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

     23.6 Any rights or obligations that you may have pursuant to this Agreement shall not be assigned, transferred, sold, or otherwise conveyed, except with our prior written consent. We may, however, transfer any rights or obligations it may have pursuant to this Agreement to another party without your consent. Such an assignment shall only take place if a reasonable person would not expect it to cause detriment to a typical client of ours. You will execute any documents (including a deed of novation) reasonably required by us to affect such a transfer. If you do not agree to us assigning our rights, you may terminate this Agreement. However, termination in this case does not affect any obligations owed by the Client, or our rights with regard to any open Contracts held by the Client.

 

     23.7 This Agreement shall be governed by and construed in accordance with the Laws of Victoria, Australia. The parties agree to irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

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