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Debt Investor Terms of Use

Debt Investor Disclaimer

These terms of use (the “Terms of Use”) are required to be read and agreed to before accessing NBN Co Limited's debt portfolio information, including information on domestic and global debt capital market issuances, credit ratings, liquidity position, debt maturity profile, financial results, sustainability report and any assurance or other report, conclusion or opinion (“report”) provided by an adviser or auditor of NBN Co Limited (“adviser”). . 

Please note that by accessing and reading the information on this page and on other pages accessed through this page, including any adviser reports (together, the “site”), you agree to these Terms of Use.  By accessing this site, you represent and warrant to NBN Co Limited including any adviser reports that you are doing so for information purposes only.

The material on this site is for distribution only to persons who are not a "retail client" within the meaning of section 761G of the Corporations Act 2001 (Cth) (“Corporations Act”) and are also sophisticated investors, professional investors or other investors in respect of whom disclosure is not required under Part 6D.2 of the Corporations Act and, in all cases, in such circumstances as may be permitted by applicable law in any jurisdiction in which an investor may be located. Each person accessing this site confirms that they are a person who is entitled to do so under all applicable laws, regulations and directives in all applicable jurisdictions.

Neither NBN Co Limited nor any adviser warrants the fairness, accuracy, adequacy or completeness of any information on this site. The material on this site has no regard to the specific investment objectives, financial situation or particular needs of any recipient and should not be relied on when making any investment decision. Neither NBN Co Limited nor any adviser warrants the fairness, accuracy, adequacy or completeness of any information contained in or referred to in the material on this site.

Neither NBN Co Limited nor any of its directors, employees, agents, consultants or advisers accepts any liability whatsoever for any loss (including, without limitation, any liability arising from any fault or negligence on the part of NBN Co Limited or any of its respective directors, employees, agents, consultants or advisers) arising from access to material or any information on the site or otherwise arising in connection with the material or information on this site.

The information contained in or referred to in the material on this site is given at the date of such information and should not be taken to be accurate at any other time. No representation or warranty, express or implied, is or will be made that the information contained in or referred to in the material on this site is necessarily complete or up to date. NBN Co Limited's borrowing programs are amended and replaced from time to time, and information about borrowing programs and debt instruments and any reports in relation to those matters are provided as a matter of record only and may not be relied upon in connection with any transaction.

Any adviser report which is accessed through the site is prepared solely for the benefit of NBN Co Limited, under the adviser’s terms of engagement with NBN Co Limited.

No adviser accepts or assumes any duty, responsibility or liability (including for negligence) to any reader of the report (except for the addressee of the report) (any such non-addressee reader, a “third party”) or to any party for the consequences of using or relying on the report for any purpose other than that for which it was prepared.  Any third party who chooses to access or rely upon an adviser’s report does so entirely at their own risk.

No adviser makes any representation concerning the suitability or reliability of their report for any third party for any purpose whatsoever, including in connection with any transaction, including the issue of any note or other security, product or instrument.

No adviser’s report is prepared with the interests or circumstances of any third party in mind or is a substitute for any enquiries that a third party should make.  Adviser reports are based on historical information as at the date of the report and any projection of information to future periods is subject to the risk that changes may occur after the report is issued.

In accessing and reading any adviser report through the site, a third party is taken to have accepted and agreed to the terms of this Debt Investor Disclaimer, which applies to the maximum extent permitted by law (and, without limitation, to liability arising in negligence or under statute) and even if the relevant adviser has consented to the third party accessing the report. 

None of the credit ratings referred to on the site represents a recommendation to buy, sell or hold securities. Credit ratings and may be subject to revision, suspension or withdrawal at any time by the assigning rating organisation.  The credit ratings that appear on this site are provided for use by persons who are not a "retail client" as defined for the purposes of the Corporations Act only and must not be used, and NBN Co Limited does not intend or authorise their use, in the support of or in relation to the marketing of financial products to retail clients in Australia.

The information on this site:

  • is provided for information and as a matter of record only and does not constitute and is not intended to constitute an offer or invitation in relation to the issue, sale or purchase of any securities or financial products as those terms are used in the Corporations Act;
  • does not constitute an offer of securities for sale in the United States. The securities referred to on this site may not be offered or sold in the United States absent registration or an exemption from registration under the Securities Act of 1933 (the “Securities Act”). It is not intended that the securities will be registered under the Securities Act or any U.S. state securities laws;
  • is not directed at, and may not be viewed by or distributed to, persons in the United Kingdom, except for persons who are not UK retail investors (as defined below) and who: (i) have professional experience in matters relating to investments who fall within Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (the "Order"); or (ii) are otherwise persons to whom it may lawfully be communicated (all such persons together being referred to as "Relevant Persons"). Each person who accesses this site in or from the United Kingdom will be deemed to have represented, acknowledged and agreed that it is a Relevant Person;
  • is not directed at, and may not be viewed by or distributed to, persons in any Member State of the European Economic Area, except for persons who are not EEA retail investors (as defined below) and who are "qualified investors" within the meaning of Article 2 of Regulation (EU) 2017/1129 (as amended or superseded, the "EU Prospectus Regulation") ("Qualified Investors"). Each person who accesses this site in or from a Member State of the European Economic Area will be deemed to have represented, acknowledged and agreed that it is: (i) not an EEA retail investor; and (ii) a Qualified Investor;
  • is not intended to constitute general or specific securities or financial product, investment, tax, accounting or legal advice or a recommendation. The information does not take into account the investment objectives, financial situation and particular needs of any particular investor; and
  • is for distribution only to persons who are not (i) a sanctioned person, or (ii) engaged in any activity in violation of the international economic financial sanctions.

As used above, a "UK retail investor" means a person who is (i) a retail client, as defined in point (8) of Article 2 of Regulation (EU) No 2017/565 as it forms part of United Kingdom domestic law by virtue of the European Union (Withdrawal) Act 2018 (the "EUWA"); and/or (ii) a customer within the meaning of the provisions of the Financial Services and Markets Act 2000 (as amended, the "FSMA") of the United Kingdom and any rules or regulations made under the FSMA to implement Directive (EU) 2016/97 (as amended or superseded), where that customer would not qualify as a professional client, as defined in point (8) of Article 2(1) of Regulation (EU) No 600/2014 as it forms part of United Kingdom domestic law by virtue of the EUWA (as amended or superseded); and/or (iii) not a qualified investor as defined in Article 2 of Regulation (EU) 2017/1129 as it forms part of United Kingdom domestic law by virtue of the EUWA (as amended or superseded).

As used above, an "EEA retail investor" means a person who is (i) a retail client as defined in point (11) of Article 4(1) of Directive 2014/65/EU (as amended, "MiFID II"); and/or (ii) a customer within the meaning of Directive (EU) 2016/97 (as amended, the "Insurance Distribution Directive"), where that customer would not qualify as a professional client as defined in point (10) of Article 4(1) of MiFID II; and/or (iii) not a Qualified Investor.