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25. Interpretation and defined terms


25. Interpretation and defined terms


     25.1 In these Terms, unless the context otherwise requires:


          25.1.1 a clause is a reference to a clause of these Terms;


          25.1.2 a reference to a statute, statutory provision, subordinate legislation, regulation, or rules of any regulator in any applicable jurisdiction shall be construed as referring to such legislation, regulation and rules as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation;


          25.1.3 any time or date will be to the time and date in Melbourne, Australia;


          25.1.4 a reference to one gender shall include a reference to the other genders; and


          25.1.5 any words following the terms “include”, “including”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.


     25.2 Clause headings shall not affect the interpretation of these Terms.


     25.3 A reference to a “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal Representatives, successors and permitted assigns.


     25.4 In these Terms, capitalised words and expressions shall have the following meanings:


Account means your account with us;


Account Holder means the person named as the account holder;


Account Security Information means Account numbers, passwords and other security information provided to you from time to time to enable you to access the Trading Platform and required by us to identify you for the purposes of you trading with us under the Agreement;


Agreement means these Terms and Conditions, together with any amendments thereto;


ASIC means the Australian Securities and Investments Commission;


Associated Company means any holding company or subsidiary company (as defined in the Corporations Act 2001 (Cth) of ours, and any other subsidiary company of any such holding company;


Australian Tax Resident means a Person who is a resident of Australia for the purposes of the Income Tax Assessment Act 1936 (Cth).


Business Day means any day other than a Saturday, Sunday or any day which is a public holiday in Victoria, Australia;


Confirmation means the confirmation note we send you on execution or partial execution of a Transaction;


Currency means a form of money which is tradeable on the foreign exchange market;


Currency Conversion means the sale or purchase of Currency in accordance with your Instructions;


Custodian means the custodian appointed by us or our Service Providers from time to time;


Exchange means an official stock exchange whether in the USA, Australia or overseas;


Fees and Charges means a fee and/or charge as set out on the Website and or within our mobile app;


Force Majeure means any delay or interruptions in fulfilling our obligations under these terms and conditions if the circumstances are beyond our reasonable control or the control of any Service Provider. This includes problems with your telecommunications services, internet service provider, computer hardware and/or software, or difficulties in sending or receiving emails;


General Advice has the meaning given under the Corporations Act 2001 (Cth) as varied from time to time;


Information means information and data periodically provided by us and Service Providers, including but not limited to data derived from the manipulation of any part of the information. This may include Account information, market information, news, updates, analyses, notifications, data and research materials relating to financial Services and products.


Instructions means your instructions to us to arrange to execute Transactions.


Law means the statutes, regulations and general law of the Commonwealth of Australia, and of Victoria, Australia, and includes the Corporations Act 2001 (Cth) and Corporations Regulations 2001 as varied from time to time.


Licensee means Sanlam Private Wealth Pty Ltd, Australian Financial Services Licensee 337927.


Listed Entity means a company whose shares are traded on an Exchange.


Mobile Application means ThinkTrader mobile application available for download and use in Android or iOS format  or another format that becomes available for mobile applications


Internet means the interconnected system of networks that connects computers around the world, and includes any online trading platform provided by us;


Representatives is as defined in the Corporations Act 2001 (Cth) as varied from time to time;


Related Entity is as defined in the Corporations Act 2001 (Cth) as varied from time to time;


Retail Client has the meaning given to it by the Corporations Act 2001 (Cth) as varied from time to time;


Rules means the operating rules of an Exchange.


Securities means securities as defined in section 761A of the Corporations Act 2001 that are listed on an Exchange, whether within Australia or overseas, and includes a fractional interest in a Security.


Transactions means the sale or purchase of Securities, whether within Australia or overseas, by us on your behalf and in accordance with your Instructions.


Terms means this document titled ’Client Terms and Conditions’;


Website means;


Wholesale Client has the same meaning as in section 761G of the Corporations Act 2001 (Cth) but does not include a Sophisticated Investor

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