Individual/Joint Application

Transcription

1 Individual/Joint Application To ensure your application is processed as quickly as possible, follow the steps below. 1 2 Read the attached Terms and Conditions before completing your application. Complete ALL required sections Please refer to the table below for the sections which apply to the account type you wish to open. Account type to be opened Sections you must complete Optional sections Individual A, D, E, F, C, G Joint A, B, D, E, F C, G Note: For a Joint Account, details must be provided for both persons. All correspondence will be sent to Applicant 1. 3 Ensure ALL required sections are signed and dated Proof of Identification All persons noted in sections A, B or C who are not existing Westpac or BT Margin Lending customers must provide original certified copies of identification documents, which must be certified by an eligible person. Please refer to the table below for a list of acceptable documentation and a list of eligible persons. Direct Debit Request Section F must be completed for you to trade with Westpac Broking. If the bank account you nominate as your settlement account is not a Westpac account, you must attach a copy of a recent bank statement from your nominated bank account, which must show the residential address provided on your application form. Note: For a joint account your nominated bank account must be under the same joint names provided on the application. Transfer Holdings Section G must be completed if you wish to transfer existing Financial Product holdings to be broker sponsored by Westpac Broking or BT Securities Limited. 7 Mail ALL required documentation to: Westpac Broking Reply Paid 7777 Cloisters Square PERTH WA 6850 (No postage stamp required) Note: that only ONE account can be opened with each application form. Acceptable Identification Documentation for Individuals Two forms of identity documents must be provided and at least one must be from the primary identification list. If you do not have two forms from the primary list, you may choose one from the primary list and one from the secondary list. Primary Identification Documents Passport Drivers License Birth Certificate Secondary Identification Documents Recent Utility bill/rates notice Medicare card/seniors card/healthcare card Benefits notice from Centrelink List of eligible persons who can certify your documents The certified photocopies of your identification documents must have an original certifier s signature and must include the following statement: I certify that this is a true copy of the original document. The certifier must include their full name, signature and qualification or occupation which makes them an eligible certifier. A person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a legal practitioner. A Judge of a Court. A Magistrate or Chief Executive Officer of a Commonwealth Court. A Registrar or Deputy Registrar of a Court. A Justice of the Peace. A Notary Public (for the purposes of the Statutory Declaration Regulations 1993). A Police Officer An agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public. A permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public. An Australian consular officer or an Australian diplomatic officer (within the meaning of the Consular Fees Act 1955). An officer with, or authorised representative of, a holder of an Australian Financial Services licence, having 5 or more continuous years of service with one or more licensees. If you require further assistance completing your Application, call Westpac Broking on (Mondays to Friday between 7am 7pm (AEST) Page 1 of 16

2 Individual / Joint Application Form BROKING Westpac Securities Limited ABN , trading as Westpac Broking AFSL Details are Fictitious B. Applicant (2) (if applicable) Bank Use Only Application Reference Number All fields highlighted with ( ) are mandatory How would you like your account set up? Individual Joint A. Applicant (1) Title (e.g. Mr, Ms) Given Name(s) Mr Residential Address (PO Box not accepted) I5 Smith St State Postal Address (if different from residential address) State NSW Telephone contact number (at least one must be supplied) Home Phone Number Work Phone Number (02) Facsimile Number (02) David Date of Birth / / address (must be completed for internet trading access) Surname Suburb Postcode Country Suburb Postcode Country Are you an existing Westpac Customer? Yes No Occupation If Yes, Please select and complete ONE of the following forms of identification. Mobile Phone Number Note: The name of the account or identification must be in the same name as you have provided above. Westpac BSB and account number BSB Number Account Number Name of Account Holder Westpac Customer Number 2000 davidcosta@ address.com.au (02) I8 I2 65 Costa Sales Executive Sydney Australia David Costa Title (e.g. Mr, Ms) Given Name(s) Mrs Residential Address (PO Box not accepted) I5 Smith St Surname Suburb State NSW Postcode 2000 Country Telephone contact number (at least one must be supplied) Home phone number Work Phone Number (02) Facsimile number (02) Michelle Date of Birth / / address (must be completed for internet trading access) michellecosta@ address.com.au Are you an existing Westpac Customer? Yes No Occupation If Yes, Please select and complete ONE of the following forms of identification. Mobile Phone Number Note: The name of the account or identification must be in the same name as you have provided above. Westpac BSB and Account Number BSB number Account number Name of Account Holder Westpac Customer Number Westpac Broking Customer ID (02) I8 I2 65 Costa Lawyer Sydney Australia If No: To meet our obligations with the Anti Money Laundering/Counter-Terrorism Financing Act 2006, we must identify customers before we provide a service. Unless you have an account with Westpac, you will need to send us original certified copies of identification documents. Note: Please refer to step 4 of the application checklist for a list of identification requirements. For joint applications of three people, please attach a letter to the application with all mandatory details, including their signature clearly stating that the account should be opened jointly under all three names. Westpac Broking Customer ID If No: To meet our obligations with the Anti Money Laundering/Counter-Terrorism Financing Act 2006, we must identify customers before we provide a service. Unless you have an account with Westpac, you will need to send us original certified copies of identification documents. Note: Please refer to step 4 of the application checklist for a list of identification requirements. Page 2 of 16

3 C. Authorised Person Complete this section if you wish to nominate a representative to operate the account other than the account owner/s. I/We authorise the following person whose name, address and signature appears below to acquire, buy, deal with, dispose of or sell any Financial Products or warrants only from time to time on my/our behalf and authorise you to accept and act only upon any trading instructions only issued by the signatory under this authority. I/We will ratify whatever the signatory lawfully does under this authority. D. Payment Instructions State your preferred method of payment for when you BUY shares. Note: You can only select one payment option. Integrated Accounts Integrated Westpac Cash Facility, only applicable to eligible Westpac cash accounts (Section F MUST be completed) Title (e.g. Mr, Ms) Given Name(s) Surname Mr Simon Jones BT Margin Lending (complete details below) Margin lending account number Residential Address (PO Box not accepted) 80 George Rd Sydney NSW 2000 Australia Suburb State Postcode Country Telephone contact number (at least one must be supplied) Home Phone Number Work Phone Number Facsimile Number Date of Birth / / address (must be completed for internet trading access) simonjones@ address.com.au Occupation Is the authorised person an existing Westpac Customer? Yes No Mobile Phone Number If Yes: Please select and complete ONE of the following forms of identification. Note: The name of the account or identification must be in the same name as you have provided above. Westpac BSB and account number BSB Number Account Number Name of Account Holder Westpac Customer Number (02) Account Manager Simon Jones Name of account as per lending agreement Standard Accounts Direct Debit from your nominated bank account (Section F MUST be completed) BPAY (Section F MUST be completed) Non-BT Margin Lending (complete details below) Margin lender name Margin lending account number Name of account as per lending agreement Note: You must sign sections E and F E. Signature and Acknowledgement I/We acknowledge that I/we have received, read, understood and agree to the Terms and Conditions including the: Terms of Trade, CHESS Sponsorship Agreement, Explanation of CHESS Sponsorship Agreement and Direct Debit Service Agreement. I/We agree to be CHESS Sponsored by Westpac Broking. Westpac Broking Customer ID If No: To meet our obligations with the Anti Money Laundering/Counter-Terrorism Financing Act 2006, we must identify customers and Trading Authority s before we provide a service. Unless the Trading Authority has an account with Westpac you will need to send us original certified copies of their identification documents with your application. Please refer to the Identification Requirements page for details. Note: Please refer to step 4 of the application checklist for a list of identification requirements. All parties to sign if joint applicants. Members of the Westpac Group would like to be able to contact you or send you information regarding other products and services. The Terms and Conditions explain what action to take if you do not wish to receive this information. Signature of Applicant (1) Date 8 21 / 10 / 08 Signature of Authorised Person Date 8 Signature of Applicant (2) Date 21 / 10 / / 10 / 08 8 Page 3 of 16 PC1991 (10/08) _Indiv

4 F. Direct Debit Request You MUST complete this section to open an account The name on your Bank account must exactly match the name on your Broking account. I/We request you, Westpac Securities Limited (User ID no ), to arrange for any amounts which become payable under the trading facility provided by you (the Service ), to be debited from my account at the financial institution detailed below. Name and branch of Financial Institution where account is held Westpac, Royal Exchange Address of Financial Institution where account is held 50 Pitt Street Sydney NSW 2000 Suburb State Postcode Name of Account Holder BSB Number Account Number David and Michelle Costa I/We understand and acknowledge that: my financial institution has absolute discretion to decide the order in which it will pay moneys under this request, or any other request, authority or mandate; my financial institution has absolute discretion to refuse to honour this request at anytime; you may vary the amount or frequency of future debits to meet amounts payable under the Service; this request operates on the terms of the attached Direct Debit Service Agreement (as varied by you). Note: This Direct Debit Request specifies the Westpac Broking Service to which it applies. The request is made on the terms of the Direct Debit Service Agreement. Signature of Applicant (1) Date 8 21 / 10 / 08 Signature of Applicant (2) Date 8 21 / 10 / 08 If the bank account noted above is not a Westpac account, please refer to Step 5 of the Application Checklist for bank statement requirements. Note: You must sign both Section E and F for us to process your application. Both owners of a joint bank account must sign this Direct Debit Request. Page 4 of 16 G. Holdings Transfer Complete this section if you are transferring existing holdings to become Broker Sponsored with Westpac Broking. Your Details This section must be completed using the same details that appear on your current CHESS/Issuer Sponsored statement. Note: Stock transfers may be delayed if the CHESS holdings details do not match application details. Name of Account Holder Account Designation Costa and Co Pty Ltd Address 1 Kent Street Suburb State Postcode Sydney Country Australia NSW Transfer Broker Sponsored Holding(s) to Westpac Broking EXISTING Sponsoring Broker Broker Name ABC Broking Limited Account Number Holder Identification number (HIN) Financial Product/Share details (select one option) Transfer ALL holdings and HIN Transfer all holdings but NOT HIN* (list Financial Products below) Transfer only those holdings listed below* (list Financial Products below) Financial Product Name Quantity Financial Product Name Quantity * Please attach copies of your CHESS statement. 2. Transfer Issuer Sponsored Holding(s) listed below to Westpac Broking. You must attach copies of Holdings Statements for all holdings referred to below. Shareholder Reference Number (SRN) Financial Product Name Quantity Westpac Telstra Signatures of Registered Shareholder(s) I/We authorise Westpac Broking to transfer the above listed holding(s) into my/our Westpac broking Broker Sponsored account. Applicant (1) Applicant (2) 8 8 * You may need to re-advise the share registry of your Tax File Number and Dividend details. PC1991 (10/08) _Indiv

5 Terms and Conditions This document applies to your Financial Products trading account with Westpac Securities Limited (ABN ) trading as Westpac Broking (Westpac Broking). Please read this document carefully and retain it for future reference. Please note that the terms and conditions of use set out below and in the Trading Guide, all apply. Terms of Trade 1. Definitions and interpretation a) In these terms and conditions: i) Application means an offer by you to open a Trading Account and access the Service on the Conditions. ii) Authorised Agent means any person or entity who has authority to trade on your behalf. iii) Conditions means the terms and conditions included in these Terms of Trade and the Trading Guide as amended from time to time. iv) Electronic Communication means any notice or instruction given by telephone, facsimile transmission, electronic mail or electronic data interchange (including over the World Wide Web or any other electronic form of communication approved by us from time to time). v) Financial Products means: A) shares in a company; B) debentures of a company; C) interests in a registered managed investment scheme that are quoted on the ASX; D) rights to acquire by way of issue, a security referred to in (a), (b) or (c); or E) financial products declared by ASIC under Section 1075A of the Corporations Act to be a financial product, the transfer of which will be regulated through ASTC under the Corporations Regulations. vi) Loss includes, without limitation, any expense, costs, liability, claims, damages, fees, taxes, duties, penalties, interest, legal costs (on a full indemnity basis), judgment, consequential, punitive, special or indirect loss (including loss of profits and revenue). vii) Other Exchange means any stock exchange or clearing house other than the ASX or ASTC, nominated by us from time to time as being a stock exchange on which we will execute or arrange the execution of trades in accordance with these Conditions and the rules of the relevant stock exchange or clearing house. viii) ITS means the Integrated Trading System operated by the ASX and its subsidiaries. ix) Security Identifications mean your Internet user identification, password and telephone identification which must be used to access the Service via the Internet or telephone (as the case may be). x) Service means the client trading, portfolio tools, information service and other related products and services provided by us. xi) Sponsorship Agreement means the CHESS sponsorship agreement entered into between you and us. xii) Straight Through Processing means the processing of your order by a number of validation rules without necessarily involving manual intervention or review. xiii) Trading Account means your Financial Products trading facility with us. xiv) Trading Guide means our guide containing general instructions on how to use the Service. xv) You or your means each person or entity who makes an application and their Authorised Agents. xvi) We, us or our means Westpac Securities Limited trading as Westpac Broking. xvii) Net Portfolio Value means the total value of your Chess Holdings (as defined in the Chess Sponsorship Agreement) as at last closing bid price plus the value of your cash account balance in your Trading Account minus any open buy orders you have at that time. xviii) Integrated Westpac Cash Facility means your Trading Account when you have requested settlement by direct debit to any Westpac Banking Corporation account which we advise from time to time as being a qualifying account. xix) Excess Amount means the difference between a buy order and your Net Portfolio Value and only applies if you have an Integrated Westpac Cash Facility. The value of the Excess Amount will be recalculated every time you provide us with an instruction relating to a new buy order or an open order. b) Unless the context requires otherwise, words defined in the Corporations Act, ASX Market Rules, ACH Clearing Rules, ASTC Settlement Rules or any Other Exchange rules, have the same meaning in these Conditions. 2. Opening a trading account a) You may apply for a Trading Account by completing an Application. We reserve the right to return any Application that we believe is either incomplete or not accompanied with information we have requested or to not accept any Application in our absolute discretion without giving any reasons. b) You acknowledge that you have read and understood the Application and all its attachments including, without limitation, the Conditions, the Sponsorship Agreement and Explanation of Sponsorship Agreement and that these documents form part of our agreement with you. Page 5 of 16

6 Terms of Trade c) You agree that the information you supply in your Application is accurate, complete and not misleading. You agree that we may rely on that information unless and until we receive notice of any change and that you are liable for any loss arising through your failure to advise us of any change. d) You acknowledge that you are no more than three persons jointly making this Application and, if more than one person or entity, each such person or entity shall be jointly and severally liable. e) You warrant that if you are: i) Acting as a trustee, you have authority to enter into these Conditions and the Sponsorship Agreement both personally and as trustee. ii) A corporation, you are validly constituted and your principal place of business is in Australia; or iii) A natural person, you are principally resident in Australia, and 18 years of age or over. f) If you wish to trade in Financial Products on Other Exchanges you agree to be bound by the rules, customs and usages of the relevant Other Exchange. You agree that in the event of any inconsistency between the Conditions and the requirements of the relevant Other Exchange, the latter will prevail to the extent of any inconsistency. g) We may establish and revise trading limits for each account in our absolute discretion. For trading limit purposes we may deem multiple accounts to be a single account. 3. Trading use of service a) You may instruct us to buy or sell Financial Products or send instructions by Electronic Communication or by pre-paid post (or such other method as notified by us from time to time) and we shall rely and act upon those instructions. We will not be responsible for any changes to your instructions unless sufficient notice has been given prior to the execution of your original instructions. We will be deemed to have received your Electronic Communication at the time we have actual notice of the communication. b) You acknowledge that we may, at our discretion, use Straight Through Processing to process your orders, provided that: i) The order satisfies order validation rules established by us, which rules may, at our discretion, change from time to time. ii) The order satisfies ASX or Other Exchanges, validation rules with regard to time, price and volume. c) You acknowledge that: i) Straight Through Processing will operate during normal trading hours which are determined by the ASX, or Other Exchanges (as applicable). ii) If there is a disruption in trading in a particular Financial Product or the market generally, or the ITS system fails, Straight Through Processing transmission may be disrupted. iii) Use of Straight Through Processing may involve the matching of your order with the order of another client, which will entitle us to commission on both sides of the transaction. iv) If we deal as principal and use Straight Through Processing, your orders may match opposite orders in the market on our behalf as principal and we shall be entitled to charge you brokerage where we act as principal on behalf of an associate or a related body corporate. v) If your order does not satisfy the validation rules or it is received outside normal trading hours your order may be rejected outright or may be subject to manual review. vi) Once your instructions to buy and sell have been processed, the time at which your instructions are executed and your trade occurs will depend on ITS matching your order with a corresponding order or orders. vii) We are not responsible for any Losses you incur if any inadvertent duplicate trading instruction is given by you and executed by us. d) We may at any time and at our sole and absolute discretion refuse your instructions to purchase, sell, amend or cancel any order for Financial Products on your behalf. We may generally prohibit or restrict your ability to trade Financial Products, access information or utilise portfolio tools under the Service without providing any advance notice. We accept no liability for any Losses incurred by you arising directly or indirectly as a result of our declining your instructions or restricting your access to the Service. e) You acknowledge that your order will be executed at the price available on the ASX, or Other Exchange (subject to any limit imposed by you) which may be different from the price at which the Financial Product is trading when your order was made. Your orders may be subject to manual review and entry, which may cause delays in their processing. f) If you are constituted by more than one person, then we may act upon the instructions of any one of those persons. g) All dealings in Financial Products on your behalf are subject to the Corporations Act, Rules, directions, decisions and requirements of ASX, or the ACH Clearing Rules and where relevant, the ASTC Settlement Rules, the customs and usage of the market, as subject to the correction of errors or omissions. h) Where a regulatory authority requests us to cancel or amend a trade, you agree that we can do so without your consent. i) Where we are obliged by law or otherwise to provide you with information that is not specific to you, and you have provided us an address, you agree that we may satisfy that obligation by posting that information or a link to it on our website, or by ing that information or a link to it, to you at that address. Page 6 of 16

7 Terms of Trade j) Subject to Clause 3(d) when you nominate an Integrated Westpac Cash Facility, we may accept purchase orders up to your Trading Account s Net Portfolio Value. We may also accept purchase orders in excess of your Net Portfolio Value provided that the available funds in your Integrated Westpac Cash Facility at that time are greater than the Excess Amount. k) If clause 3(j) applies and you place a purchase order in excess of your Net Portfolio Value, you agree and irrevocably authorise us to instruct Westpac Banking Corporation to place a hold on your settlement bank account for the value of the Excess Amount until such time as the purchase has settled. You acknowledge that while the hold on your settlement bank account is in place, the value of the Excess Amount will not be available funds in your settlement bank account and will reduce the value of available funds. l) When you trade online you will ensure that your address is current at all times and capable of receiving the confirmation. You will notify us of any changes to your address. Where the confirmation is not delivered, you consent to receipt of the confirmation and any future confirmations by mail and agree to pay the relevant costs until you notify us of your current effective address. This cost will be cost for the purpose of clause 4(a). 4. Payment a) You must pay for all purchases using the Service including all associated brokerage, taxes, costs, charges or commissions, and make good delivery of Financial Products in respect of sales including all associated brokerage, taxes, costs, charges or commissions, to enable us to settle by the due settlement date. b) If by the settlement date shown on any contract note, we have not received the amounts due, or you have not delivered to us the relevant Financial Product holder information, you agree to pay us a late settlement fee as notified to you from time to time to cover our costs arising from your failure to settle. In addition, we may terminate the Service or withdraw existing orders at any time without notice. c) Where a contract for the purchase of Financial Products remains unpaid after we have requested you to pay for the Financial Products: i) We may, and you authorise us to, on or after the business day of our request, sell those Financial Products that are the subject of that contract (or any other Financial Products in your Trading Account) at your risk and expense and that expense shall include all Loss suffered by us including brokerage, any relevant fees, taxes and stamp duty (if applicable). ii) You irrevocably authorise us to deduct all amounts owed by you from any credits, payments and other receipts from you or for your Trading Account as required for settlements or otherwise required by the ASX, or Other Exchange. d) Where we make a sale of any Financial Products at your direction, and you have failed to deliver the Financial Product holder information after we have requested the security holder information from you, you authorise us to borrow or otherwise obtain the Financial Products necessary to enable us to make delivery, and you agree to be responsible for any Loss we may incur, including the cost of borrowing the cost of acquiring the Financial Products you have failed to deliver and /or recovery of any advances made or monies expended. e) Where a contract for the sale of Financial Products is entered into on your behalf and we receive on your behalf proceeds of sale, we shall, subject to paragraph (f) below and after deduction of all relevant brokerage, taxes, costs, charges or commissions, pay the net amount so determined by cheque or funds transfer to the address or account (as the case may be) nominated in your Application. If for any reason we cannot effect that payment, we shall hold those monies in our trust account, pending your further direction. We shall be entitled to rely upon your direction for payment in the Application, until modified or revoked by written notice to us. f) Where you have made various orders we shall be entitled to pay you a net amount determined upon settlement of those various orders. We may at any time and at our sole and absolute discretion settle any trades or part of a trade either prior to or after the settlement date shown on the contract note. Where we have orders from you for the purchase of Financial Products, we shall be entitled to retain any monies due to you for a reasonable period of time to meet that liability. g) Where you use the Integrated Westpac Cash Facility and we have placed a hold on your settlement account, you authorise us to debit the settlement amount which may be greater than the Excess Amount on the settlement day. 5. Electronic communications a) Any electronic communication between you and us conducted over the Internet is also subject to the Trading Guide set out on our Internet site at the time of dealing. If there is any inconsistency between these terms and conditions and the Trading Guide, the latter shall prevail. b) You will be responsible for verifying the accuracy of an electronic communication conducted over the Internet by reviewing the order confirmation page appearing immediately following your order. You must immediately correct a confirmation that shows incorrect or garbled information or any malfunction. c) We shall be entitled to rely on and you agree that you are bound by any electronic communication which includes your Security Identifications without any inquiry on our part as to the authority or identity of the purported sender of that electronic communication. d) You agree not to contest the validity or enforceability of Electronic Communications between you and us in any legal proceedings between the parties. In the event of a dispute, the transaction log of all instructions received from you will be conclusive evidence of the communications contained in them. Page 7 of 16

8 Terms of Trade e) You consent to the receipt of confirmations (including contract notes) by electronic means including by or by accessing a standing confirmation facility to obtain or view your contract notes. If you do not wish to use the standing confirmation facility, you must advise us. If you wish to receive your contract notes in paper form, you must notify us in writing. You acknowledge that each contract note is subject to the Rules, directions, decisions and requirements of ASX and the ACH Clearing Rules and where relevant, the ASTC Settlement Rules, the customs and usages of the Market, as subject to the correction of errors or omissions. 6. Security a) You must not disclose or share your Security Identifications with anyone, unless disclosure is reasonably required in the circumstances. You are totally responsible for the use of any Security Identifications and for retaining its security. b) We make no representation or warranty as to the security of data stored on either our web server or on the web servers of parties engaged by us to provide all or part of the Service. c) Upon becoming aware of a breach of security, you must immediately notify us and suspend the use of all Electronic Communications until we are satisfied that appropriate steps have been taken to ensure the security of Electronic Communications with you. 7. Computer facilities a) You acknowledge that the Service may malfunction or become temporarily unavailable due to computer malfunction or network congestion. We will have in place reasonable procedures to avoid unintended interruption of the Service. b) We will have the right to suspend the Service at any time to perform certain administrative tasks and scheduled maintenance and, if in our opinion, some serious threat is posed to any part of the system supporting the Service. c) We will have the right, in our sole discretion, to immediately suspend or terminate your access to and use of the Service if you: i) use or in our reasonable opinion appear to use the Service in a manner reasonably deemed inappropriate or unreasonable by us. ii) deliberately or recklessly disrupt the Service, cause congestion or impede others from using the Service, or attempt to do so. iii) use your Internet access to menace, create a nuisance or harass others or attempt to do so. iv) make any denial-of-service attacks on us or any other users or networks relating to us or attempt to do so. v) use your Internet access to unlawfully obtain access to networks used or operated by us or attempt to do so; or vi) provide us with personal details, including (without limitation) name, address, bank account, address and phone number, which we consider, in our reasonable opinion, not to be bona fide. 8. Execution-only service You acknowledge that: a) The Service is an execution-only service and material available to you from the Service might only contain general Financial Products advice that is not suitable to be acted upon as personal Financial Products advice, and, where the information relates to Financial Products and is provided by third parties, is subject to clause 11. b) We will not provide you with any legal, tax, financial or accounting advice, or advice regarding the suitability or profitability of any Financial Product or investment and we do not know your current financial situation, investment objectives or particular needs. c) It is your responsibility to obtain investment advice before making any investment decisions relying on the information provided from the Service. d) We will have no liability with respect to the transactions (including any diminution in value) in or for your Trading Account and your investment decisions. 9. Your general representations and warranties a) Each time you use the service, you warrant and represent: i) That you will rely upon your own skill and judgment (or that of your independent financial adviser) when placing any order with us to buy or sell Financial Products on your behalf. ii) That each trade that you will conduct using the Service is lawful and you will at all times meet all commitments on your part arising from transactions under these Conditions. iii) That you are not a person with whom we are not lawfully entitled to deal pursuant to any statute, law or rule or regulation in or outside Australia including, without limitation, an employee, consultant or director of another stockbroker. iv) That you will comply with the Conditions, the ASX Business Rules, or Other Exchanges (where applicable) when using the Service. v) That you are not subject to a bankruptcy and are not an insolvent under administration. vi) That you have the financial resources to settle the transactions you enter. Page 8 of 16

9 Terms of Trade 10. Confirmations and account statements a) You must review upon first receipt all confirmations of transactions, contract notes and all statements in relation to your Trading Account. Transactions and all such information received by you shall be binding upon you unless you object immediately either in writing or by Electronic Communication. b) Any notice, request, demand or other communication may be made personally, by Electronic Communication or by prepaid letter to you at your last notified address or number, as the case may be, and the notice, request, demand or other communication shall be deemed to have been received by you if made personally when made, by Electronic Communication following transmittal by whatever means, if by prepaid letter on the business day following transmittal or posting as the case may be. 11. Information providers a) You expressly acknowledge and understand that the Service includes information which is supplied by persons not controlled by us (each an Information Provider). b) You acknowledge that we have not verified any information provided by an Information Provider, do not exert any editorial control over such information and, in relation to that information, we are acting solely in the capacity of a carrier by conveying the information directly or indirectly from the Information Provider to you or on your behalf. c) We do not guarantee the timeliness, sequence, accuracy or completeness of any information provided by an Information Provider and all material made available to you from the Service is principally of a purely factual nature and not suitable to be acted upon as personal Financial Products advice. d) You shall use the information provided by the Service only for your own use. You must not on-sell any such information nor may you replicate, alter, commercialise, disclose or make available such information to any person without the express written consent of the Information Provider. 12. Liability and indemnity a) Subject to those provisions of the Trade Practices Act, and any other rights implied by law, which cannot be excluded by agreement between the parties: i) We make no warranties, either express or implied, as to merchantability, fitness for a particular purpose, or otherwise (including as to accuracy, currency, availability, completeness or quality), with respect to the goods or services supplied under these Conditions and the Sponsorship Agreement (including the Service and the service provided to you by the Information Providers and Service Providers (as defined in paragraph 15(b)); and ii) We exclude all liability in contract, tort (including negligence) or otherwise relating to or resulting from use of the Service and for any Loss incurred by you directly or indirectly including without limitation as a result of or arising out of: A) Any inaccuracy, error or delay in or omission from any information provided to you under the Conditions and the Sponsorship Agreement (including the Service and the service provided to you by the Information Providers and Service Providers). B) Any delays, failures or inaccuracies in the transmission of the Service to you or the service provided by Information Providers and Service Providers, transmission of your orders or instructions or any other communications. C) Any loss or liability arising from the acts or omissions of third parties, such as your computer systems, ISPs, Information Providers and Service Providers. D) Any unauthorised use of your Security Identifications. E) Any theft, alteration, addition or loss of data by third parties. F) Any interception by a third party of any Electronic Communication from us to you; or G) Any disclosure by us of trading activity on your account to a person you have appointed Authorised Person in the application form. b) Except where to do so would contravene any law or make any part of this clause void or unenforceable, in no event shall we be liable for any indirect, special or consequential loss or damage (including, without limitation, loss of profits or revenues) whether arising in contract, tort (including negligence) or otherwise resulting from use of the Service supplied under these Conditions or the Sponsorship Agreement. c) Our liability shall in any event be limited to the re-supply of the Service. d) You will indemnify us and all of our officers, employees, agents, related parties and associates against any Loss incurred by them as a result of your use of the Service, us relying upon and acting in accordance with any instruction provided by you (whether by Electronic Communication or otherwise), your failure to settle any transaction by the due date or any failure by you to strictly comply with these Conditions or the Sponsorship Agreement. 13. Westpac Bank We are a wholly owned subsidiary of Westpac Banking Corporation, the holder of an Australian Financial Services Licence, a Participant of the Australian Stock Exchange Limited (ASX) Group. Westpac Banking Corporation and member companies of the Westpac Group do not guarantee our obligations, performance, products or services offered. Other companies within the Westpac Group may from time to time act in a financing or advisory capacity in relation to companies whose Financial Products are listed on the ASX, or Other Exchanges or warrant issuers. When acting in such a capacity these Westpac companies may derive fees or other benefits. Page 9 of 16

10 Terms of Trade 14. Commission disclosure You acknowledge that we may receive commissions from issuers of Financial Products, suppliers of information services, banking services and clearing services in respect of the Service provided to you from time to time and that we are entitled to retain such commissions for our own benefit. You acknowledge that we may retain any interest earned on your money held in our trust accounts prior to it being paid to you or in accordance with your instructions. 15. Information and Privacy consent a) You agree that we and any members of the Westpac Group (the Parties) can exchange with each other any information about you including: i) Any information provided by you in your Application. ii) Transaction details or transaction history arising out of your arrangements with us or any of the Parties. iii) Anything about your creditworthiness, credit standing, credit history or credit capacity which may, under the Privacy Act, lawfully be exchanged. iv) Any other information you provide to any of the Parties or which they otherwise lawfully obtain about you, (collectively Personal Information). b) If we engage anyone (a Service Provider) to do something on our behalf (for example, a mailing house, data processor or settlement agent) then you agree that we may exchange Personal Information with the Service Provider. c) We may disclose Personal Information to entities other than the Parties and Service Providers where it is required or allowed by law or where you have otherwise consented. Entities that we may be required to disclose information to include any government, regulatory body or authority that is involved in the regulation of Financial Products trading and clearing. d) You agree that Personal Information can be used by the Parties and any Service Provider for establishing your Trading Account, ongoing administration of your Trading Account, including for the purpose of effecting execution and settlement of your orders and providing the Service to you, planning, product development and research purposes. e) You understand that you can access most Personal Information that we or other members of the Westpac Group hold about you (sometimes there will be a reason why that is not possible, in which case you will be told why). f) You understand that if you fail to provide any information requested on your Application, or do not agree to any of the possible exchanges or uses of the Personal Information detailed above, your Application may not be accepted by us. g) You agree that when your personal information changes you will promptly notify us in writing or Electronic Communication of your new details. h) To find out what sort of personal information members of the Westpac Group have about you, or to make a request for access, please contact our call centre on i) You authorise the recording of any telephone conversations between us and you, with or without an audible tone device. j) Members of the Westpac Group would like to be able to contact you, or send you information, regarding other products and services. If you do not wish to receive this information, please: Call us on Write to us at GPO Box 3433 Sydney 2001; Send an to acctstats@westpac.com.au; or Call in at any Westpac branch You do not need to do this if you have already told us you do not wish to receive information of this sort. k) Where we terminate your access to the Service due to your failure to meet your financial obligations to us you consent to us passing your Personal Information to a credit reporting agency. l) We may disclose your Personal Information to issuers of Financial Products that are CHESS registered with us to facilitate a related corporate action and you consent to the issuer or their agent paying us a processing fee. m) If you use the Integrated Westpac Cash Facility, you acknowledge that we will have access to the details of the settlement account including any account balance and you authorise us to display any of these details together with your Trading Account balance when you use our online services. 16. Anti Money Laundering and Counter-Terrorism Financing Act 2006 a) Westpac is bound by laws relating to the prevention of money laundering and the financing of terrorism, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and the Anti-Money Laundering and Counter- Terrorism Financing Rules Instruments (AML/CTF laws) and has adopted an AML/CTF program in accordance with the requirements of the AML/CTF laws and the various guidelines and publications produced by the Australian Transaction Reports and Analysis Centre (the AML/CTF Program). b) You cannot open a Westpac Broking account unless you have provided sufficient identification and that identification has been verified in accordance with the AML/CTF Program and AML/CTF laws. c) By opening and using a Westpac Broking account, you agree that: i) you do not acquire our products or services under an assumed name. ii) any products or services we provide will not be used in relation to any criminal activities or any activities which breach laws or sanctions. iii) if we ask, you will provide us with additional information we reasonably require for the purposes of AML/CTF laws. iv) we may obtain information about you from third parties if we believe this is necessary to comply with AML/CTF laws. v) we may disclose information which we hold about you or your conduct to our related bodies corporate. 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11 Terms of Trade d) In order to comply with AML/CTF laws we may be required to take action, including: i) delaying or refusing a request for products or services. ii) monitoring your conduct in relation to the provision of the product or services; or ii) disclosing information that we hold about you or your conduct to our service providers, relevant regulators of AML/CTF laws, or other parties (whether in or outside of Australia) and if we do so we may be obliged not to inform you of this, and e) We are not liable for any loss, claim, liability or expense you suffer or incur (including consequential loss) as a result of us taking any action referred to above and you indemnify us for any loss, claim, liability or expense we may suffer or incur (including consequential loss) from exercising any right under this clause or from any breach by you of your agreement in this clause. 17. Variation and Termination a) We may vary the Conditions (including deleting, altering or adding a new provision) at any time. If we do vary the Conditions, we will give you 7 days prior notice, which notice will be either posted on the service announcements section of our website, sent to your address or posted to your nominated address (the mode of notification will be at our sole discretion). By placing an order with us after the notice period, you confirm your acceptance of the Conditions as varied. b) We may make a variation without any notice where such variation is necessary to restore or maintain the security of our systems or any Trading Accounts. c) We may terminate your access to the Service or your Trading Account effective immediately if you have breached any of the Conditions. We reserve the right to terminate your access to the Service or your Trading Account at any time and in our absolute discretion. If we exercise this right any such termination will take effect 2 business days after we notify you of this termination. Instructions you give after any such termination will be diverted to an operator and may be refused. We accept no liability for any Losses incurred by you arising directly or indirectly as a result of any such termination. d) You may terminate this agreement by giving not less than 7 days notice in writing to us, subject to all outstanding obligations under the Conditions and any relevant Financial Products dealings being duly discharged. e) Termination will not affect any rights or obligations accrued prior to termination. 18. GST 18.1 Not withstanding any other provision of these Conditions: a) if GST has application to any supply made by us under or in connection with these Conditions we may, in addition to any consideration payable under these Conditions recover from you an additional amount on account of GST, such amount to be calculated by multiplying the relevant amount or consideration payable by you for the relevant supply by the prevailing GST rate; and/or b) without limiting clause 18.1(a), if we are not entitled to an input tax credit in respect to the amount of any GST charged to or recovered from us by any person, or payable by us, or in respect of any amount which is recovered from us by way of reimbursement of GST referable to any supply made under or in connection with these Conditions, we will be entitled to increase any amount or consideration payable by you on account of such input tax and recover from you the amount of any such increase Any additional amount on account of GST, or on account of an amount for which we are not entitled to an input tax credit, recoverable from you pursuant to clause 18.1 is to be calculated without any deduction or set-off of any other amount and is payable by you upon demand by us whether such demand is by invoice or otherwise. 19. Successors The Conditions shall be binding upon your heirs, executors, administrators, personal representatives and assigns. The Conditions shall inure to the benefit of us and our successors, assigns and agents. We may assign our rights and duties under the Conditions to any person without giving prior notice to you. You may not assign your rights and duties under these Conditions without our prior written consent. 20. Applicable Law These Conditions are subject to the laws of New South Wales and the parties agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales. Page 11 of 16

12 Chess Sponsorship Agreement 1. Definitions and Interpretation Definitions The following definitions apply unless the context requires otherwise. Broker means a broker participant in CHESS. CHESS means the settlement system for share transfers operated by ACH and ASTC. CHESS Holding means a holding of Financial Products under the CHESS subregister. Conditions means the Terms and Conditions that apply to operating a Westpac Broking account. Sponsored Holding means a CHESS Holding in respect of which you or the Nominee is the holder and the Participant is the Non- Broker Participant. Sponsorship Agreement means an agreement between a party who is neither a Broker nor a Non-Broker Participant, with a Broker or Non-Broker Participant, under which that Broker or Non-Broker Participant will be appointed as the controlling participant for the holdings covered by the sponsorship. Subposition means a facility in CHESS by which: a) Activities in relation to a participant sponsored holding may be restricted. b) Access to those restricted participant sponsored holdings may be given to a person other than the controlling Non- Broker Participant. Withdrawal Instructions means written or oral instructions from you to the Controlling Participant for withdrawal of Financial Products from a Sponsored Holding and includes instructions: a) For the conversion of Financial Products in a Sponsored Holding to any other mode of Holding. b) To initiate a change of sponsorship for the Financial Products. c) To endorse or initiate an off-market transfer of Financial Products; or d) To accept a takeover offer for the Financial Products on behalf of you. Interpretation Headings are for convenience only and do not affect interpretation. The following rules apply unless the context requires otherwise. a) The singular includes the plural and vice-versa. b) Any gender includes all genders. c) Where a word or phrase is defined, its other grammatical forms have a corresponding meaning. d) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them. e) A reference to a clause, annexure or schedule is a reference to a clause of, or annexure or schedule to, this Agreement. f) A reference to a party to this Agreement or another agreement or document includes the party s successors and permitted assigns. g) A reference to an agreement includes a Security interest, Guarantee, undertaking deed, agreement or legally enforceable arrangement, whether or not in writing, and as amended, novated, supplemented or replaced from time to time, except to the extent prohibited by this Agreement. h) A reference to a document includes an agreement (as defined) in writing or a certificate, notice, instrument or document and as amended, novated, supplemented or replaced from time to time, except to the extent prohibited by this Agreement. i) A reference to writing includes a facsimile transmission and any means of reproducing words in a tangible and permanently visible form. j) A reference to conduct includes an omission, statement or undertaking, whether or not in writing. k) Mentioning anything after include, includes or including does not limit what else might be included. l) A reference to an amount for which a person is contingently liable includes an amount which that person may become actually or contingently liable to pay if a contingency occurs, whether or not that liability will actually arise. m) Any terms not defined in this Agreement have the same meaning as in the Conditions, ASTC Settlement Rules, the ACH Clearing Rules and the Corporations Act (in that order). 2. Appointment You appoint us to provide, and we agree to provide, transfer and settlement services as agent for you in relation to Sponsored Holdings on the terms and conditions set out in this Agreement. You authorise us as your agent to do any act under CHESS relating to your Sponsored Holdings. 3. Mandatory Provisions 3.1 Mandatory Provisions Where you authorise us to buy Financial Products, you will pay for those Financial Products within three Business Days of the date of purchase Subject to Clause 3.1.3, we are not obliged to Transfer Financial Products into your Sponsored Holding, where payment for those Financial Products has not been received, until payment is received Where a contract for the purchase of Financial Products remains unpaid, after we have made a demand of you to pay for the Financial Products, we may sell those Financial Products that are the subject of that contract at your risk and expense and that expense will include brokerage and stamp duty Where we claim that you have not paid an amount lawfully owed to us, we have the right to refuse to comply with your Withdrawal Instructions, but only to the extent necessary to retain Financial Products of the minimum value held in your Sponsored Holding (where the minimum value is equal to 120% of the current market value of the amount claimed). Where we exercise this right, we must inform you within a reasonable period of the action we have taken. Page 12 of 16