For each investment in a Fund
i. I/We have received, read and understood the PDS for the Fund (as may be updated from time to time) to which my/our application relates and the terms and conditions of the Direct Debit Request Service Agreement and agree to be bound by the terms of the PDS and the Direct Debit Request Service Agreement.
ii. I/We agree to be bound by the constitution of the Fund (as amended from time to time).
iii. If I/we have received the PDS from the internet or other electronic means, I/we declare that it was received either personally or a printout was accompanied by the Application Form before making an application for units in the Fund.
iv. Where I am/we are a direct investor in a Fund and have answered the questions at macquarieim.com/pds to help determine if I/we are likely to be within the target market for any of the Funds, I/we confirm that the answers to those questions are accurate.
v. I/We will not knowingly do anything to put Macquarie in breach of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and related rules (AML/CTF Laws). I/We will notify Macquarie if I/we are aware of anything that may put Macquarie in breach of AML/CTF Laws.
vi. If requested, I/we will provide additional information and assistance, and comply with all reasonable requests to facilitate Macquarie’s compliance with AML/CTF Laws in Australia or an equivalent overseas jurisdiction.
vii. I/We undertake that I/we are not aware and have no reason to suspect that:
• the money used to fund the investment is derived from or related to:
– money laundering, terrorism financing or similar activities
– illegal activities, and
• proceeds of investment made in connection with the Fund will fund illegal activities.
viii. I/We confirm that I/we have provided all information required and that the information is accurate, complete and up to date.
ix. I/We confirm that, if I/we have applied through a financial adviser who has completed the FSC/FPA Identification Form, I/we have provided all information required in that form and that information is accurate, complete and up to date.
x. I/We agree that by providing Macquarie with my/our email address, I/we consent to Macquarie corresponding with me/us via email, unless I/we notify Macquarie otherwise.
xi. I/We agree to personal information about me/us being collected, used and disclosed in accordance with Macquarie’s Privacy Policy and the privacy statement in the Information Booklet, including direct marketing.
xii. If I/we am/are a trustee, I/we am/are authorised under the trustee deed of the trust to apply for, and hold, units in the Fund.
xiii. I/We agree:
• that the representations set out in the preceding paragraph are made by me/us on the date on which I/we sign this Application Form and on each day thereafter until the termination of the Fund
• to promptly notify Macquarie of any change in circumstance which would cause the representations and warranties set out above to be incorrect or misleading.
xiv. If we are a custodian, we confirm that we are authorised by our client to give the undertakings above on behalf of our client.
xv. Other than Macquarie Bank Limited ABN 46 008 583 542 (Macquarie Bank), any Macquarie Group entity noted in this material is not an authorised deposit-taking institution for the purposes of the Banking Act 1959 (Commonwealth of Australia). The obligations of these other Macquarie Group entities do not represent deposits or other liabilities of Macquarie Bank. Macquarie Bank does not guarantee or otherwise provide assurance in respect of the obligations of these other Macquarie Group entities. In addition, (a) the investor is subject to investment risk including possible delays in repayment and loss of income and principal invested and (b) none of Macquarie Bank, or any other Macquarie Group entity, guarantees any particular rate of return on or the performance of the investment nor do they guarantee repayment of capital in respect of the investment.
xvi. I/We agree that Macquarie may send notices, communications and disclosures to me/us by post or electronically by email and/or by posting the notice, communication or disclosure on the Macquarie website.
xvii. I/We agree to access communications, notices and disclosures on the Macquarie website. Communications, notices and disclosures will be taken to have been received by me/us upon posting of the communication, notice or disclosure on the Macquarie website.
xviii. Where my adviser is listed on the Application Form, I/we authorise Macquarie to disclose details of my investment in the Fund(s) to the adviser and the adviser’s dealer group.
xix. I/We acknowledge and agree that, if Macquarie is not able to issue units immediately after receipt of my/our application money, the money may be paid into a non-interest bearing trust account with an authorised deposit-taking institution.
xx. I/We confirm and make the declarations set out in the Direct Debit Request section of the Application Form, if I/we selected direct debit to pay the initial investment amount.
Use of facsimile or email
If I/we submit my/our Application Form by facsimile or email, Macquarie may rely on the faxed or emailed Application Form to process and accept my/our application.
For each investment in a Fund, if Macquarie receives instructions by facsimile or email in relation to my/our investment in the Fund, I/we:
• acknowledge that there is potentially a greater risk that fraudulent instructions can be given by someone who has access to my/our account number and a copy of my/our signature(s) and that I/we accept such risks
• acknowledge that Macquarie may assume that the instruction has been sent, and is authorised, by or on behalf of me/us, and
• release Macquarie from, and indemnify Macquarie against all losses and liabilities arising from any payment or action taken by Macquarie based on any instruction bearing my/our account number and a signature that purports to be mine/ours or that of an authorised signatory on the account, even if such instructions are not authorised (except to the extent that such losses and liabilities directly arise from the negligence or wilful default of Macquarie).
Direct investors – Applicable for non-advised investors (excluding wholesale clients as defined in section 761G of the Corporations Act)
You are required to answer questions at macquarieim.com/pds to help determine if you are likely to be within the target market for any of the Funds based on your responses. The Funds available will be based on the attributes you select. Please ensure you download and attach a copy of your selections and list of Funds with your Application Form.