Terms & Conditions

Legal terms governing our services and this website

Last Updated: November 2025

1. About These Terms

These Terms and Conditions ("Terms") govern your access to and use of the services provided by Atomos Assets Pty Ltd (ABN 58 138 582 564, AFSL 342 901) ("Atomos," "we," "us," or "our") and this website.

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use our website or services.

2. Our Services

Atomos is authorized to provide financial services under Australian Financial Services Licence (AFSL) 342 901. Our services include:

  • Financial planning and wealth management advice
  • Investment portfolio management
  • Fixed income investment strategies
  • Private equity advisory
  • Global equities investment services
  • Superannuation advice
  • Estate planning coordination

3. Client Relationship

3.1 Engagement

Our services commence once you have:

  • Completed our client application process
  • Provided all required identification and documentation
  • Signed a client service agreement
  • Agreed to our fee structure

3.2 Know Your Client (KYC)

We are required by law to verify your identity and collect information about your financial situation, investment objectives, and risk tolerance. You agree to provide accurate, complete, and up-to-date information.

3.3 Suitability

Our advice is based on the information you provide us. You must inform us of any changes to your financial circumstances, investment objectives, or risk tolerance that may affect the suitability of our advice.

4. Fees and Charges

4.1 Our Fees

Details of our fees are provided in our Financial Services Guide (FSG) and your client service agreement. Fees may include:

  • Initial advice fees
  • Ongoing advisory fees
  • Portfolio management fees
  • Transaction fees

4.2 Third-Party Costs

In addition to our fees, you may incur costs associated with financial products, including:

  • Management fees charged by fund managers
  • Platform administration fees
  • Buy-sell spreads
  • Government charges and duties

4.3 Payment Terms

Fees are payable as specified in your client service agreement. We reserve the right to suspend services if fees remain unpaid.

5. Financial Advice

5.1 Nature of Advice

All advice we provide is personal advice based on your individual circumstances. We do not provide general advice.

5.2 Statement of Advice (SOA)

When we provide personal financial advice, we will give you a Statement of Advice that sets out the advice, the basis for the advice, and information about fees and potential conflicts of interest.

5.3 No Guarantee

While we take care in providing advice, we cannot guarantee:

  • Investment performance or returns
  • That you will achieve your financial objectives
  • Protection against investment losses

All investments carry risk, including the risk of losing your capital.

6. Risks and Disclaimers

6.1 Investment Risks

You acknowledge that:

  • Past performance is not indicative of future results
  • Investment values can go down as well as up
  • You may lose some or all of your capital
  • Returns are not guaranteed
  • Currency fluctuations may affect international investments

6.2 Market Risks

Financial markets are subject to various risks including economic conditions, political events, regulatory changes, and market volatility.

6.3 Your Responsibility

You are responsible for your own investment decisions. While we provide advice, the final decision to proceed with any strategy or investment rests with you.

7. Confidentiality

We maintain strict confidentiality of your personal and financial information in accordance with our Privacy Policy and Australian privacy laws. We will not disclose your information except:

  • With your consent
  • As required by law
  • To service providers necessary to deliver our services
  • To product providers to implement your investment strategies

8. Conflicts of Interest

We have policies and procedures to identify and manage conflicts of interest. We will disclose any material conflicts of interest in our Financial Services Guide and Statements of Advice.

9. Professional Indemnity Insurance

We maintain professional indemnity insurance that covers our services and the services provided by our representatives, including after they cease to be engaged by us.

10. Regulatory Compliance

We are regulated by the Australian Securities and Investments Commission (ASIC) and comply with:

  • Corporations Act 2001 (Cth)
  • ASIC Act 2001 (Cth)
  • Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)
  • Privacy Act 1988 (Cth)
  • Relevant ASIC regulatory guides and class orders

11. Website Terms

11.1 General Information Only

Information on this website is general in nature and does not constitute personal financial advice. You should not rely on this information to make financial decisions without seeking professional advice.

11.2 Accuracy

While we endeavor to ensure information on this website is accurate and current, we do not warrant its accuracy, completeness, or timeliness. Information may change without notice.

11.3 Links to Third-Party Websites

Our website may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of third-party websites.

11.4 Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of Atomos or its licensors and is protected by Australian and international copyright laws.

11.5 Prohibited Use

You may not:

  • Copy, reproduce, or distribute website content without permission
  • Use the website for any unlawful purpose
  • Attempt to gain unauthorized access to our systems
  • Interfere with the proper functioning of the website

12. Limitation of Liability

To the extent permitted by law, we exclude all liability for any loss or damage arising from:

  • Use of this website or reliance on information contained on it
  • Investment decisions made based on our advice (subject to our obligations under the Corporations Act)
  • Events beyond our reasonable control

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian law, including the Australian Consumer Law.

13. Termination

13.1 Your Right to Terminate

You may terminate our services at any time by providing written notice. Fees for services provided up to the date of termination will remain payable.

13.2 Our Right to Terminate

We may terminate our services by providing you with reasonable written notice, or immediately if:

  • You breach these Terms or your client service agreement
  • Fees remain unpaid after reasonable notice
  • We reasonably believe continuing the relationship is not appropriate

14. Complaints and Disputes

14.1 Internal Dispute Resolution

If you have a complaint, please contact us:

Complaints Officer
Atomos Assets Pty Ltd
Unit 5, 21 William Street, Double Bay, NSW 2028
Phone: +61 2 5503 5016
Email: complaints@atomos-email.com

We will acknowledge your complaint within 7 days and aim to resolve it within 30 days.

14.2 External Dispute Resolution

If you are not satisfied with our response, you may lodge a complaint with the Australian Financial Complaints Authority (AFCA):

AFCA Contact Details:
Phone: 1800 931 678
Email: info@afca.org.au
Website: www.afca.org.au
Mail: GPO Box 3, Melbourne VIC 3001

AFCA provides fair and independent financial services complaint resolution that is free to consumers.

15. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on our website with a revised "Last Updated" date. Continued use of our services after changes constitutes acceptance of the revised Terms.

16. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You agree to the non-exclusive jurisdiction of the courts of New South Wales.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

18. Contact Information

Atomos Assets Pty Ltd
ABN: 58 138 582 564
AFSL: 342 901

Address: Unit 5, 21 William Street, Double Bay, NSW 2028, Australia
Phone: +61 2 5503 5016
Email: info@atomos-email.com
Website: www.atomosasset.com

19. Definitions

In these Terms:

  • "AFSL" means Australian Financial Services Licence
  • "ASIC" means Australian Securities and Investments Commission
  • "FSG" means Financial Services Guide
  • "SOA" means Statement of Advice
  • "You" or "your" means the client or potential client accessing our services or website

These Terms and Conditions should be read in conjunction with our Financial Services Guide, Privacy Policy, and any client service agreement you have entered into with us.