PRIVACY POLICY

Collection and use of personal information

Disclosure of personal information

Accessing and correcting your personal information

Website and technology

Security

Data retention

Marketing

Analytics

Contacting us and complaints

Changes to this policy

TERMS OF USE

Important Information

Liability

Privacy

Your money held by our partners

Autodeposit

Autoinvest

Third party links and materials

Copyright and Intellectual Property Notices

User Conduct

Contacting us and complaints

Changes to this policy

Account

Advice

Fees and costs

Access

Miscellaneous

Promotions

DISCLAIMER
SECURITY
FINANCIAL SERVICES GUIDE
UPDATES

Use of the website

Last updated: 2 October 2023

Use of this website and the accompanying mobile application (collectively “the site”) is provided by Pearler Investments Pty Ltd ACN 625 120 649 (Pearler) (collectively, “we”, “us”, or “our”) and is subject to the following terms and conditions and any other directions or rules for use of the site which may apply from time to time (collectively, “terms”).

The financial services provided through this website are provided to you by Pearler, an Authorised Representative (No 1281540) of Sanlam Private Wealth Pty Ltd (AFS Licence No. 337927).

Please read these terms carefully. If you have any questions, please contact us so we can clarify and update any areas of ambiguity. When you access the site (other than to read these terms for the first time), you are taken to have agreed to these terms and be bound by them. If you have any questions or concerns about anything you read here, please contact support@pearler.com

1. Important Information

General

We provide you functionality to carry out the investment decisions you believe are right for you. As a result, you use the site at your own risk. To the maximum extent permitted by law, no member of Pearler or any of their directors, employees, agents, related bodies, third party content providers, licencees or licensors makes any express or implied representation or warranty about, or will be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with, the site, its use, its content or any products or services (including our products or services) referred to on the site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • any reliance on the completeness, accuracy, suitability or currency of the site or its content
  • any failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to data
  • accessing any sites or servers maintained by other organisations through links on the site
  • defamatory, threatening, offensive or unlawful conduct of third parties, or
  • a breach by us of our Privacy Policy.
Access

We may suspend or remove access to the site at any time. We are not liable, for any reason, if the site is unavailable or any functionality of the site is restricted or impaired.

No Advice

The site has been prepared for general promotional purposes only and is not a recommendation to buy, or an offer or solicitation to sell, any financial product.

The site is intended to provide general information and must not be construed as general or specific investment or professional advice. No direct or implicit recommendations are given in the information on the site.

The site has been prepared without taking into account the personal objectives, financial situation or needs of any particular person.

We recommend you obtain financial advice specific to your situation before making an investment decision.

2. Liability

Exclusion of implied warranties

To the maximum extent permitted by law, we exclude all warranties that otherwise would be implied in any transactions for the supply by us of information, products or services offered on the site (including warranties of satisfactory quality, merchantability and fitness for purpose).

Limitation of our liability (if any) to you

To the maximum extent permitted by law, our total liability to you (if any) for loss, damage or reliance will be limited, at our election, to:

  • in the case of information or services supplied or offered by us for a fee – the re-supply of the information or services or payment of the cost of doing this. To the maximum extent permitted by law, we accept no, and exclude all, liability for information or services supplied or offered by us for free, or
  • in the case of goods supplied or offered by us for a fee – repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this. To the maximum extent permitted by law, we accept no, and exclude all, liability for goods supplied or offered by us for free.

3. Privacy

You agree to provide true, accurate, current and complete information about yourself and your accounts maintained by integration partners such as OpenMarkets, Zepto, CurrencyCloud, DriveWealth or any other partners we have and you agree to not misrepresent your identity or your account information held with these integration partners.

Any personal information collected by us (in connection with the site or otherwise) will be dealt with in accordance with our Privacy Policy.

You agree that we may collect and use technical data and related information, including but not limited to technical information about your smartphone and other hardware devices, and your systems and other application software, to facilitate the provision of software and other updates to the site. We do not sell your information to anyone.

4. Your money held by our partners

We work with third parties who hold your monies on your behalf, while you always remain the beneficial owner. We use a cashless payments provider (currently Zepto Payments Pty Ltd) that allows us to identify you with a unique account number and PayID for immediate transfers. This facilitates a ledger to demarcate funds held on behalf of our customers, meaning at all times your money is linked safely to your account. This account is used for Direct Debits, PayTo, transfers from and withdrawals to your bank accounts as well as to settle your investment instructions for products offered by Pearler. We delve deeper into this in the sections below.

For any money that is held awaiting your instructions on an overnight basis or longer as the case may be, this is held by our licensee, Sanlam Private Wealth with National Australia Bank in accordance with Subdivision A of Division 2 of Part 7.8 of the Corporations Act, on terms contemplated under section 981A of the Corporations Act, on behalf of you.

We have an additional NAB trust account to hold your funds awaiting investment and have appointed Perpetual Corporate Trust Limited (“Perpetual”) as custodian to open the bank account and act on the instructions from us in relation to the movement of funds. Perpetual's role is limited to holding assets of the trust as agent of Pearler. Perpetual has no supervisory role in relation to the operation of the trust and is not responsible for protecting your interests. Perpetual has no liability or responsibility to you for any act done or omission made in accordance with the terms of the custody agreement.

Pearler works with third parties to offer the payments and trust account structure with the aim of making your investing experience as simple, safe and cost-effective as possible. We do not charge or pass on any account keeping fees.

Any interest earned on the trust account is paid to the third-party licensee, custodian or agent as the case may be, to cover the cost of operating the bank accounts and obligations. Pearler may enter into sub-agreements with those third-parties to retain surplus interest to cover the costs of providing payments processing and associated operating purposes. Neither third-party or Pearler has an obligation to pass this interest onto you.

By holding or depositing money using Pearler you agree and acknowledge that Pearler has the appropriate instructions and approvals to process your payments between our payments and banking providers for the necessary functioning of our app or service.

Separate to how your money is processed and held, we take steps to ensure Pearler’s business operations are not commingled in any way. In fact, Pearler’s operational cash is held by another banking institution and we have the technology, policies and procedures in place to ensure your monies and your data are safe.

Pearler does not hold any ‘Client Money’ as per- Subdivision A of Division 2 of Part 7.8 of the Corporations Act applies, on terms contemplated under section 981A of the Corporations Act on behalf of its clients.

Under no circumstances can we use your funds for Pearler’s operational purposes.

5. Autodeposit

Pearler provides users the ability to set rules to pull monies from their designated bank account at set intervals for a set number of occasions (Direct Debit Instructions).

By setting these rules you are confirming to Pearler that you agree to the Zepto Direct Debit terms. Upon confirmation by you, Pearler presents a copy of the Direct Debit Instructions to Zepto.

Pearler reserves the right to present the Direct Debit Instructions and complete the Transaction up to three business days after the instructed calendar day for various reasons such as, but not limited to, the instructions falling on a weekend.

You can cancel Direct Debit Instructions at any time (Direct Debit Cancellation). Pearler will endeavour to present to Zepto the Direct Debit Cancellation prior to the next interval, however, please note that Pearler requires at least 2 business days notice to present to Zepto in order to cancel the next Transaction.

By providing Direct Debit Instructions you are acknowledging that, despite Pearler’s best endeavours to present a Direct Debit Cancellation to Zepto the Transaction may still occur. Should this occur, you will be able to request that the Transaction be dishonoured via your designated bank account or, if the funds are cleared in your Pearler account, make a withdrawal request via the Pearler website. You agree that Pearler is not liable for any cost charged by your designated bank or by any other party as a result of a Transaction that occurs after a Direct Debit Instruction.

You agree that any Autodeposit amount not immediately invested may be transferred to our other client trust account as described in Section 4 above.

6. Autoinvest

Pearler provides users the ability to set rules to buy dollar amounts of securities or managed funds at set intervals for a set number of occasions (Autoinvest Instructions).

By making an Autoinvest Instruction you are agreeing to deposit sufficient funds in accordance with the instructions via the Autodeposit process and also make Direct Debit Instructions as a component part of your Autoinvest Instructions.

By setting these instructions you are confirming to Pearler that you agree for Pearler to provide instructions to OpenMarkets, Drivewealth or Cache / Melbourne Securities (our managed funds provider) in accordance with their terms. Upon confirmation by you, Pearler will instruct OpenMarkets or Cache / Melbourne Securities to purchase at market price an amount of securities or units that is equal to or less than the dollar amount provided in your Autoinvest Instructions inclusive of brokerage costs and subject to your available balance at each interval.

Pearler will endeavour to present to OpenMarkets, Drivewealth or Cache / Melbourne Securities the Autoinvest Instructions on the calendar days or the next business day provided in your Autoinvest Instructions (the Autoinvest Transaction). Pearler reserves the right to instruct OpenMarkets, Drivewealth or Cache / Melbourne Securities to make the Autoinvest Transaction up to 3 business days after calendar day instructed.

Pearler endeavours to provide Autoinvest Transaction instructions at set times during a market day for the purposes of avoiding times that have historically been shown to present higher volatility, for example at market open or in the last 30 minutes of market trade. Pearler reserves the right to provide instructions to OpenMarkets, Drivewealth or Cache / Melbourne Securities at any time.

You can cancel Autoinvest Instructions at any time (Autoinvest Cancellation). Pearler requires at least 2 business days’ notice to cancel the next Autoinvest Transaction.

By providing Autoinvest Instructions you are acknowledging that, despite Pearler’s best endeavours to cancel the next Autoinvest Transaction, it may still occur. You agree that Pearler is not liable for any cost or loss incurred by you as a result of an Autoinvest Transaction that occurs after an Autoinvest Cancelation request is made.

7. Third party links and materials

The site, blogs and customer emails may contain links to other sites. You agree that:

  • those links are provided for convenience only and may not remain current or be maintained;
  • we are not responsible for the content or privacy practices associated with linked sites and have no control over those linked sites;
  • those links are not an endorsement, approval or recommendation by us of the owners or operators of linked sites, or of any information, graphics, materials, products or services referred to or contained on linked sites; and,
  • you indemnify us against any loss or damage we suffer which results from your use of linked sites in a way which breaches the terms and conditions which govern their use.
  • you acknowledge that any third-party materials appearing on the site, blogs and customer emails are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours; and
  • Pearler may receive fees or commissions from some service providers if that we display on the site, blogs and customer emails and if You decide to avail of that service via that link on Pearler. Pearler will disclose this to you at the time. However, this fee or commission will not be passed onto You.

As at the date of this update, the following service providers are whom we receive a fee or commission from, if you choose to use a paid service or tool:


PartnerType of Service
Navexa Services Pty LtdPortfolio Tracking and Tax Reporting
Sharesight LtdPortfolio Tracking and Tax Reporting
LifeSherpa Pty LtdOnline Financial Advice

You acknowledge that any third party materials appearing on the site (including blog posts or articles provided by others) are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.

8. Copyright and Intellectual Property Notices

Copyright and trade mark notices

Unless expressed to the contrary, all copyright, trademarks and other intellectual property rights contained in the site and the materials appearing on it are owned or licensed by us and may not be reproduced, stored, adapted, uploaded to a third party system or used without our prior written consent/permission. No trademark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.

The site may also contain trademarks of our affiliates or integration partners (including advertisers, sponsors and customers). The use or misuse of these trademarks, except as expressly authorised, is prohibited. The use by us of a third party trademark on the site is not intended to indicate any association with, or endorsement by, the owner of that trademark.

We own or control, and reserve, all rights

Unless otherwise indicated, all rights (including copyright) in the content and compilation of the web pages and online images (including text, graphics, logos, button icons, video images, audio clips and software) comprising the site are owned or controlled, and are reserved, by us.

9. User Conduct

No Recommendations

In relation to content contained on the site, whether generated by Pearler or a user on the site, you acknowledge that:

  • Pearler is not authorised to, and does not, provide personal financial product advice (within the meaning of the Corporations Act).
  • All information provided on the site, whether factual, or in the presentation of third party (user) profiles or opinions, or through presentation of rankings or grouping of financial products, does not involve any recommendation or statement of opinion by Pearler or any third party. Such information does not take into account your objectives, financial situation or needs, and you should consider obtaining professional financial advice before making any investment decisions.
Lawful and authorised use only

You must only use the site for lawful purposes and for the purposes explicitly outlined and authorised on the site (including in these terms). If any part of the site requires you to provide a username and password to access or use any part of the site, you must keep that username and password confidential and not provide them to anyone other than us. We strongly suggest turning on two-factor authentication (2FA) where possible and that you use a password manager. You must immediately let us know if you believe that your password is known to someone else or if it may be used in an unauthorised way.

You are authorised to:

  • download and view content
  • register your interest in receiving further information from us in relation to products or services we may offer to you (or invite offers from you) in the future; and
  • use the software included in the site for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You must not exploit any of our site materials for commercial purposes without our prior written permission.

You are not otherwise authorised to copy (other than for personal viewing), broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, sell, lease, licence, show or play in public, adapt or change in any way the content of, or create a derivative work from, the site for any other purpose unless we have provided prior written consent and you have also received the permission of any other relevant rights owner. You must not copy, decompile, reverse engineer, disassemble,or attempt to derive the source code of the site.

This prohibition does not extend to materials on the site which are expressed to be freely available for re-use or replication, subject to any conditions we specify.

Any contributions made by you to the site must:

  • be accurate (where they state facts);
  • be genuinely held (where they state opinions);
  • not be misleading or deceptive; and
  • comply with applicable law in any country from which they are made.
General prohibitions

You must not use or contribute to the site, or use any tools or applications offered through the site, in a manner that:

  • violates or infringes the rights of others (including their intellectual property, privacy and publicity rights);
  • is unlawful, fraudulent (or has any unlawful or fraudulent effect), threatening, discriminatory, sexually explicit, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
  • encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
  • impersonates any person or misrepresents your identity or affiliation with any person (including us);
  • transmits or procures the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (including spam);
  • restricts or inhibits any other user from using or enjoying the site;
  • affects the functionality or operation of the site or its servers or the functionality or operation of any users’ computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
  • breaches any standards, content requirements or codes of any relevant authority, including authorities which require us to take remedial action under any applicable industry code.

We have the right to disable any user identification code or username or terminate or restrict your access to the site if, in our opinion, you have failed to comply with any of these terms and conditions.

We also reserve the right to remove and delete any content you put on the site.

Co-operation with authorities

We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.

Your responsibilities under laws affecting you

You are responsible for ensuring that your use of the site is lawful, does not infringe any third party’s rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant internet industry codes of practice).

10. Contacting us and complaints

If you have any feedback, questions or concerns about how we handle your personal information or this policy, please contact our Privacy Officer at:

Privacy Officer support@pearler.com Level 1 MCIC, UNSW, Gate 2 Avenue, Kensington 2033

We care about your privacy and take your privacy concerns seriously. We will usually ask that you put your request to us in writing. Where you express concerns that we have interfered with your privacy we will respond to let you know who will be handling your matter and provide a response within 30 days.

If you are not satisfied with our response, you can lodge a complaint with the Office of the Australian Information Commissioner (OAIC) online at oaic.gov.au oaic.gov.au or by writing to GPO Box 5218, Sydney NSW 2001. For more information visit the OAIC’s website or contact them by telephone: 1300 363 992 or email: enquiries@oaic.gov.au.

As we operate in the financial services industry, you can contact the Compliance Manager at Sanlam Private Wealth Pty Ltd on (03) 8640 5508 or at SPW_compliance@privatewealth.sanlam.com.au.

If, despite our best efforts, you believe your complaint has not been satisfactorily dealt with, you can also lodge a complaint with the Australian Financial Complaints Authority (AFCA) online at afca.org.au or by writing to GPO Box 3, Melbourne VIC 3001 quoting our Member Number 41620. For more information visit the AFCA website or contact them by telephone:1800 931 678 or email: info@afca.org.au.

11. Changes to this policy

We reserve the right to withdraw or amend, update or change the functionality or content of the site at any time. We may also make changes to these terms at any time. However, when we do update these terms in a material way, we will update you via email and/or other means. An up-to-date version of these terms will always be available on our website. You are responsible for keeping up to date with any changes by regularly reviewing these terms. If you access the site after any changes are posted, you agree to all changes (including those which you are then unaware have been posted).

12. Account

Accounts can be opened by individuals over the age of 18.

We reserve the right not to open accounts for residents outside of Australia.

You will adhere to the account opening process, and if applicable confirm that we did not solicit, induce or market our services to you.

To open an Account, you must:

  • complete an Application form;
  • agree to be bound by these Terms and Conditions and the Terms and Conditions of our integration partners such as OpenMarkets, DriveWealth and other such partners whose services we rely on to provide you the service;
  • provide us whatever information we reasonably request;
  • successfully open accounts with our integration partners (as required).

We may, at our absolute discretion, decline your application for an Account.

Before you can provide us with an Instruction, you must fund your Account. Pearler retains the discretion to allow purchase of Securities or Managed Funds traded on a regulated Exchange prior to any funding.

You allow Pearler to place a hold on any funds deposited for a period of up to 10 days prior to making it available for withdrawal. We will provide you with advanced details of the hold period based on your funding method.

You allow Pearler to place a hold on funds deposited via Direct Debit (or any other funding method) until the funds have cleared at Pearler which could take up to 4 business days. After this time, the funds may be withdrawn by the customer if their funds have cleared.

You authorise Pearler, if required, to facilitate the transfer of all funds deposited into your Account to the client trust account of Pearler’s broker-dealer (OpenMarkets).

You will be notified once the funds have cleared in the client trust account and are available to invest.

You confirm that the intention of using these funds is not for any improper or illegal activity.

You may withdraw funds from the client trust account (subject to any hold period) at any time through instruction on the Pearler website and/or our mobile app.

We may request you to undergo a biometrics test to prove your identity and confirm that you have access to the accounts you are requesting a withdrawal to.

When you issue a withdrawal instruction, you authorise Pearler to facilitate the transfer of your funds from the client trust account to your local bank account.

Once you have opened an Account, you may Instruct us to buy or sell Securities or Managed Funds traded on a regulated Exchange (only the ASX in Australia) on your behalf. We will then arrange to execute your Instructions.

You acknowledge that we manage your money as outlined in Section 4.

Your Money held with Us

Any Instructions:

  • must be given to us through the Website and/or our mobile app;
  • are subject to the Rules and this Agreement;
  • You authorise us to act on any Instructions we genuinely believe are given by you in accordance with this Agreement.

We are entitled to assume that any Instructions given via the Website or Mobile Application using your account details are from you. You are bound by any such Instructions.

As part of executing your Instructions, you will be charged brokerage by the integration partner at the rates agreed to in the agreement with the integration partner, and any other applicable Fees and Charges in each case as specified on the Website and/or our mobile app.

The current per trade fees for ASX listed securities are:

  • Minimum Commission: $0.00 per trade if you have credits in your account
  • Maximum Commission: $6.50 per trade, however Pearler retains the right to pause, hold or refuse to submit any order at its sole discretion. Without limiting its rights in this regard, if Pearler suspects you are using Pearler for wholesale or institutional purposes based on frequency and / or size of trade, your account may be suspended without notice and your Equities and Cash returned to you without notice. For full details please read our FSG.

These Fees and Charges may change from time to time and may differ depending on whether a fractional or whole interest in a Security is being purchased.

You authorise Pearler and Sanlam Private Wealth Pty Ltd to receive a portion of the brokerage paid by you to the integration partner as disclosed in the Fee Schedule.

You acknowledge that the price at which the Instructions are executed may be different from the price the Security is trading at the time you give your Instructions.

We do not guarantee that your Instructions will be executed:

  • in full or in part;
  • by a certain time; or
  • at a particular price.

13. Advice

We are not a Registered Tax Agent.

We recommend that you obtain professional financial, legal and taxation advice before making any financial investment decision.

As part of the Pearler service, we will not provide you with Personal Financial Product Advice. If we provide you with General Financial Product Advice, that advice has been prepared without considering your personal information and does not take into account your specific needs or objectives.

You are responsible for any investment or trading decisions made by you with respect to your Account and we will not be responsible for determining the suitability, appropriateness or advisability of your Instructions, any Transaction or Currency Conversion.

We do not guarantee the performance of any Securities or Managed Funds traded on a regulated Exchange.

You must only provide us with Instructions and enter into Transactions for your own benefit and you will not use your Account on behalf of third parties (unless agreed with us).

14. Fees and costs

When you provide us with Instructions, you acknowledge that:

  • You are able to pay for any Securities or Managed Funds traded on a regulated Exchange purchased, and any liabilities that arise.
  • We will only permit trading in Securities or Managed Funds traded on a regulated Exchange where you have sufficient funds available for trade.
  • You will pay all associated duties or taxes before the settlement time and date specified.

We will use our reasonable endeavours to arrange for the execution of your Instructions. You will receive Confirmation upon execution.

We will not be responsible for any losses you may incur as a result of any delay or error in the transmission or execution of your Instructions, and you acknowledge that international time differences and timing of public holidays or other similar observances may lead to delays in receipt of Instructions and execution by us and our integration partners.

Instructions to buy or sell Securities or Managed Funds traded on a regulated Exchange (only the ASX in Australia) may only be valid for terms that we determine from time to time and within the maximum terms allowed on the relevant Exchange.

If you request variation to or cancellation of a Transaction recorded by us, the Transaction will not be varied or cancelled until we notify you that your request has been accepted.

You will be liable to pay the applicable market fees for your trades.

You are responsible for any liability for contracts arising from your Instructions.

You will indemnify us against all loss, expense or any other liability in relation to the execution of your Instructions, except to the extent resulting from or caused by our gross negligence, fraud or dishonesty.

You acknowledge that if you initiate a chargeback of any kind initiated by you or fail to clear funds deposited via Direct Debit or any funding source that we have the right to suspend your account, place a hold on your assets and instruct OpenMarkets to execute trades on your behalf to recoup any losses incurred by Pearler.

You will be liable for losses caused by unauthorised Transactions where we can prove that you contributed to losses on the balance of probability:

  • through allowing or not taking reasonable steps to avoid fraud or breach of the security requirements, or;
  • from unauthorised Transactions because you unreasonably delayed notifying us after realising that the security of your Account had been breached in a way that Pearler could not have reasonably become aware of through its own security processes.

If you are liable for losses under this clause, you will be liable for the actual losses that occur between the time you realised, or should reasonably have become aware that your Account’s security had been breached, and when you actually let us know.

You acknowledge that Pearler has the right to claim any reasonable expenses and cost (legal or otherwise) in relation to resolving any claim against you or us (by you), whether resolved or not. In relation to this clause, you acknowledge that if a judgement is made against you in relation to such costs and expenses, you will be liable for those costs and expenses incurred by us.

15. Access

The Pearler service gives you the ability to instruct us to arrange to execute transactions on your behalf. To use the Pearler service you will need to have access to the internet. You are responsible for maintaining any electronic equipment or software needed to give you access to the Pearler service or the Website or our mobile application.

We do not promise continuous, non-interrupted or fault-free delivery of the Website and / or Mobile App or the Pearler Service.

Access to the Website and / or Mobile App and the Pearler service may be unavailable or interrupted from time to time due to:

  • technical or service delivery reasons; or
  • the need to conduct reasonable maintenance; or
  • regulatory or risk management reasons; or
  • any other reason.

In addition, your access to the Website and / or Mobile App may be restricted or suspended as set out in these terms.

16. Miscellaneous

Applicable law

The site (excluding any linked third party sites) is controlled by us from Australia.

Any disputes must be determined by the courts having jurisdiction in NSW, Australia in accordance with laws in force in NSW. You irrevocably and unconditionally submit to this jurisdiction.

Unenforceable terms

If any of these terms are found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining terms.

No offers where illegality arises

Nothing on the site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

Finnhub Stock API

We receive asset data from Finnhub.

Site or content may be unlawful outside Australia

We do not warrant that the content of the site complies with the laws of any other country. If you access the site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you because of that access or any consequent transactions or dealings with us.

OpenMarkets Australia Terms and Conditions

Note: only applicable for products and exchanges offered within Pearler's terms

17. Promotions

Terms and Conditions for Pearler's Community Growth Cash Incentive Scheme

Introduction

  • Pearler's Community Growth Cash Incentive Scheme(the "Program") is designed to promote sensible use of the Pearler platform, including rewarding existing customers ("Referrers") for inviting friends to become new customers that use Pearler's services ("Referees") or, in Pearler's sole discretion, for existing customers to sign up to new products or try out new features from time to time. The Program is subject to the terms and conditions set forth herein.
  • Participation in the Program constitutes the participant's full and unconditional agreement to these Terms and Conditions and Pearler's decisions, which are final and binding in all matters related to the Program.
Account Activation
  • Customers can earn the ability to claim cash bonuses for activating certain accounts and then completing certain tasks within timeframes stipulated.
Becoming eligible to claim cash bonuses - Shares Account Activation
  • A Referrer may invite a Referee to open a Shares Account by sharing their unique code.
  • To participate, Referrers must be an existing customer with a valid Pearler account that has made at least one Share investment (Existing Customer), and have referred a Referee to Pearler.
  • Referees must be new customers who have successfully completed the Know Your Customer (KYC) process (New Customer), opened an account ready for trading and funded their account with the relevant minimum amount (Valid Deposit) (Account Activation).
  • For clarity, a New Customer is one that completes Account Activation and has never signed-up or gone through KYC checks via the Pearler platform prior to being Referred.
  • Pearler reserves the right to withhold eligibility if it suspects that a Referrer or Referee is participating in the scheme or operating their Pearler account not in accordance with Pearler’s terms and conditions.
Potential Cash Bonus - Shares Account Activation
  • A Referrer may invite a Referee to open a Shares Account by sharing their unique code.
  • Once a Referee completes a Shares Account Activation this activates a claimable cash bonus for both the Referee and Referrer.
  • Both the Referrer and the Referee are eligible to claim up to $20 bonus cash each, subject to the fulfilment of the conditions stipulated below.
Claiming your cash bonus - Shares Account:

Referee

  • The Referee is eligible to claim up to $20 in total cash bonuses, capped at $7.00 for the first 31 days and $6.50 for the subsequent two 31 day periods after Account Activation.
  • To claim the first $7.00 cash bonus (First Referee Cash Bonus) the New Customer must select an asset parcel that they’d like to buy or sell or sell and add it to their cart (Portfolio) by the end of the first 31 days following the date of Account Activation. When an asset parcel is added to their cart, $7.00 will be deposited into the applicable Pearler account.
  • To claim the next $6.50 (Second Referee Cash Bonus), the Referee must have become an Existing Customer, and select an asset parcel that they’d like to buy or sell and add it to their cart / portfolio by the end of the second 31 days period following the date of Account Activation.
  • To claim the next $6.50 (Third Referee Cash Bonus), the Referee must select an asset parcel that they’d like to buy or sell and add it to their cart / portfolio by the end of the third 31 day period following the date of Account Activation.
  • Payment of any cash bonus is not a recommendation to invest the cash bonus or purchase any asset, fund or investment, nor is it contingent on the purchase of the specific asset(s), fund or investments added to a portfolio in accordance with the above. Pearler does not review or consider whether any future purchase is appropriate and does not recommend any investing be influenced by any such cash bonus.

Referrer

  • The Referrer is eligible to claim up to $20 in total cash bonuses, capped at $7.00 by the end of the first 31 day period and $6.50 for the following two 31 day periods after the date the Referee becomes an Existing Customer.
  • To claim the first $7.00 cash bonus (First Referrer Cash Bonus) the Referrer must select an asset parcel that they’d like to buy or sell and add it to their cart (Portfolio) by the end of the first 31 day period following the Referee becoming an Existing Customer. When an asset parcel is added to the Referrer’s cart, $7.00 will be deposited into the applicable Pearler account.
  • To claim the next $6.50 (Second Referrer Cash Bonus), the Referrer must select an asset parcel that they’d like to buy or sell and add it to their cart / portfolio by the end of the second 31 day period following the date the Referee became an Existing Customer.
  • To claim the next $6.50 (Third Referrer Cash Bonus), the Referrer must select an asset parcel that they’d like to buy or sell and add it to their cart / portfolio by the end of the third 31 day period following the date the Referee became an Existing Customer.
  • Payment of any cash bonus is not a recommendation to invest the cash bonus or purchase any asset, fund or investment, nor is it contingent on the purchase of the specific asset(s) fund or investments added to a portfolio in accordance with the above. Pearler does not review or consider whether any future purchase is appropriate and does not recommend any investing be influenced by any such cash bonus.
Becoming eligible to claim cash bonuses - Funds Account Activation
  • A Referrer may invite a Referee to open a Funds Account by sharing their unique code.
  • To participate, Referrers must be an Existing Customer that has made at least one Funds investment, and have Referred a Referee to Pearler.
  • Referees must be New Customers who have successfully completed the KYC process, Activated an Account ready for trading and funded their account with a Valid Deposit.
  • For clarity, a New Customer is one that completes Account Activation and has never signed-up or gone through KYC checks via the Pearler platform prior to being Referred.
  • Pearler reserves the right to withhold eligibility if it suspects that a referrer or referee is participating in the scheme or operating their Pearler account not in accordance with Pearler’s terms and conditions
Potential Cash Bonus - Funds Account Activation
  • Once a Referee completes a Funds Account Activation this activates a claimable bonus cash for both the Referee and Referrer.
  • The Referee and Referrer are eligible to claim a cash bonus worth $5, subject to the fulfilment of the conditions stipulated below.
Claiming your cash bonus - Funds Account:

Referee

  • The Referee is eligible to claim up to $5.00 in total cash bonuses, by the end of the first 31 day period after Account Activation.
  • To claim the $5.00 cash bonus (Referee Funds Cash Bonus) the New Customer must select a Funds investment that they’d like to buy or sell and add it to their cart (Portfolio) by the end of the first 31 day period following the date of Account Activation. When a Funds investment is added to their cart, $5.00 will be deposited into the applicable Pearler account.
  • Payment of any cash bonus is not a recommendation to invest the cash bonus or purchase any asset, fund or investment, nor is it contingent on the purchase of the specific asset(s), fund or investments added to a portfolio in accordance with the above. Pearler does not review or consider whether any future purchase is appropriate and does not recommend any investing be influenced by any such cash bonus.

Referrer

  • The Referrer is eligible to claim $5 in total cash bonuses, by the end of the first 31 day period after the date the Referee is an Existing Customer and holds over $100 worth of Funds investments in their Portfolio.
  • To claim the cash bonus (Referrer Funds Cash Bonus) the Referrer must select a Funds investment that they’d like to buy or sell and add it to their cart (Portfolio) by the end of the first 31 day period following the Referee becoming an Existing Customer and holds over $100 worth of Funds investments in their Portfolio. When a Funds investment is added to the Referrer’s cart, the cash will be deposited into the applicable Pearler account.
  • Payment of any cash bonus is not a recommendation to invest the cash bonus or purchase any asset, fund or investment, nor is it contingent on the purchase of the specific asset(s), fund or investments added to a portfolio in accordance with the above. Pearler does not review or consider whether any future purchase is appropriate and does not recommend any investing be influenced by any such cash bonus
Applicable account if multiple or different products held by Referrer and Referee:
  • In situations where the Referrer has a Shares and a Funds account, the Referrer will receive their cash bonus as per the Shares Account Eligibility, Potential Claimable amount and Claiming terms and conditions, detailed above
  • In situations where the Referrer has a Shares account and the Referee activates a Funds account or vice-versa, both parties get their cash bonuses as per the type of account they currently hold (Referrer) or first Activate (Referee).
Becoming eligible to claim cash bonuses - New Product Signups
  • From time to time Pearler may introduce new products and might invite customers to sign-up for the product at the point of Account Activation or via other communication methods (New Product Offer)
  • To be eligible for the cash bonus for this New Product Offer (New Product Cash Bonus) the invitee must have successfully completed the KYC process, opened an account ready for trading and funded their account with a Valid Deposit and fulfilled all conditions of the New Product Offer
  • Pearler may also introduce new products without a New Product Offer. There are no cash bonuses available where there are no New Product Offers
Claiming your Cash Bonus - New Product Signups
  • On completion of the KYC,Valid Deposit requirements and any other New Product Offer requirement, the New Product Cash Bonus will be deposited into the applicable Pearler account
Potential Cash Bonus - New Product Signups
  • The potential dollar value of the cash bonus will be communicated in the New Product Offer.
General Conditions
  • Failure to meet the above conditions within the specified timeframes will result in forfeiture of the cash reward for that period and will affect the eligibility for subsequent cash payments.
  • Pearler reserves the right, at its sole discretion, to modify, suspend, or cancel the Program at any time without notice.
  • Any attempt by any participant to obtain rewards by using multiple/different identities, registrations, logins, or any other methods will void that participant's plays and that participant may be disqualified.
  • Rewards are subject to verification and will not be awarded if they are the result of any kind of fraudulent activity.
  • The Program is subject to all applicable laws and regulations and is void where prohibited.
  • By participating in the Program, you agree to the terms and conditions outlined above.
  • This program can be modified, changed or terminated at any time. The latest version of the program (if any) will be available at https://pearler.com/refer-friends

Pearler & The Motley Fool $50 Credit Offer

The legal stuff

  • Pearler + Motley Fool $50 Credit Offer (“The Promotion”) is only available to new Pearler customers who sign up to the Motley Fool ETF Investor (“The Enrollment”) during the Enrollment period.
  • Motley Fool customers who enrol in The Promotion will have a $50 Pearler credit applied to their account during the Promotion period.
  • The Enrollment period begins on 07/11/22, at 00:01 AEST and ends on 31/12/23, at 23.59 AEST (“Enrollment Period”).
  • The Promotion period begins on 07/11/22, at 00:01 AEST and ends on 31/12/23, at 23.59 AEST (“Promotion Period”).
  • The Promotion is for eligible Motley Fool customers only.
  • The Promotion is for Pearler Shares only and excludes Pearler Micro. Nothing in this Promotion is intended to be an advertisement for Pearler Micro
  • The Promotion cannot be used in conjunction with any other offer.
  • This Promotion is open to residents of Australia only.
  • The Enrollment Period will automatically end on 31/12/23, at 23.59 AEST
  • Only one Pearler account per user is eligible for The Promotion. Duplicate accounts under the same user will not be eligible for The Promotion.
  • Please remember to read the corresponding TMD and PDS of each ETF mentioned within the membership and to seek financial advice to determine if this product suits your financial situation.
  • Australian Securities and Investments Commission Act 2001
  • By signing up for a Pearler account, you agree to Pearler’s Terms and Conditions and Privacy and Policy
Pearler Rewards Competition

The Rewards Competition is for the purpose of promoting the Pearler Web Platform and to reward users for building regular long-term investing habits. The collection of Pearls is tied to actions you undertake on the Pearler Web Platform are required for entry into the Competition, which is designed to promote Pearler’s business and encourage investment via the Pearler Web Platform. The most recent T&Cs are available via this link.

Pearler Book Launch Competition

Competition Period

  • The competition will be conducted over two weeks:
    • Week 1: 27 June to 3 July.
    • Week 2: 29 July to 5 August.

Prizes

  • For each week of the competition, the following prizes will be awarded:
    • Five (5) prize of $100 to be deposited into a Pearler brokerage account, available for investment or withdrawal. (Week 2)
    • Five (5) prizes of $20 investing credits, applicable towards brokerage fees on Pearler. (Week 1 & 2)

Posts and Entry Requirements

  • Week 1 (27 June to 3 July):
    • What Pearler and Associated Accounts Will Do: On 27 June, Pearler and associated Instagram accounts will post a collaboration reel between GRSC, Pearler, and Tash.
    • How to Enter: Participants need to tag a friend in the comments or make a comment on the collaboration reel. Each tag or comment equals one (1) entry into the draw.
  • Week 2 (29 July to 5 Aug):
    • What Pearler and Associated Accounts Will Do: On 4 July, Pearler and associated Instagram accounts will post a collaboration reel or Stories with GRSC, Pearler, and Tash.
    • How to Enter: Participants need to share a photo of one of the posters of the book, which will be located in various locations around the city, to their Instagram story, tagging @pearlerhq and @getrichslowclub. This action will enter them into the draw to win the second 5x$100 prizes. Participants making an additional comment on the post or tagging a friend will go into a draw to win 1 of 5 $20 Pearler brokerage credit prizes.

Winner Announcements

  • Winners for each week will be announced on Instagram on the following dates:
    • Week 1: 4 July, on various Pearler and associated Instagram channels as stated in the competition post. Winners will be notified via Direct Message (DM).
    • Week 2: 6 Aug, on various Pearler and associated Instagram channels as stated in the competition post. Winners will be notified via Direct Message (DM).

Eligibility Criteria

  • This competition is open to the general public aged over 18 years however, participants must have an active Pearler account before the prize can be deposited.
  • Employees of Pearler and their immediate family members are not eligible to enter.

General Conditions

  • By entering the competition, participants agree to be bound by these Terms and Conditions.
  • Pearler reserves the right to modify, suspend, or terminate the competition at any time without prior notice.
  • Pearler is not responsible for any technical issues or failures that may impact the ability to participate in the competition.
  • Prizes awarded are not recommendations to invest and in no way constitute advice and are subject to the standard terms and conditions of Pearler brokerage accounts.
  • All decisions made by Pearler regarding the competition are final and binding.

Limitation of Liability

  • To the fullest extent permitted by law, Pearler shall not be liable for any loss or damage suffered or sustained in connection with the competition or the acceptance or use of any prize, except for any liability which cannot be excluded by law.

Errors and complaints

  • If you have reason to believe that an error has occurred in relation to these Promotions, you may contact us at support@pearler.com.
General disclaimers

  • Pearler reserves the right to make changes to this offer at any time without prior notice
  • Pearler reserves the right to cancel this offer at any time without prior notice
  • Pearler reserves the right to exclude customer(s) for justified business reasons without any notice
  • These Terms and Conditions are governed by the laws of NSW and the courts of NSW shall have non-exclusive jurisdiction in relation to any dispute arising out of, or in connection to, these Terms and Conditions or this promotion.
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