This website is owned and operated by Actuity Capital Partners Pty Ltd (ABN 99 126 397 902) (“Actuity”, “we” or “us”).  These Terms of Use apply to this website and to any Actuity website.

While care has been taken to prevent the introduction of viruses to this website, Actuity does not guarantee that it is free from viruses. Actuity will not be responsible for any corruption or failed transmission of any information caused by to your computer system or the system or any act or omission of your Internet Service Provider. You agree not to use any device, software or process to interfere or attempt to interfere with the functionality of this website.

By accessing, using or downloading material from this website you agree to follow and be legally bound by these Terms of Use which constitute a legal agreement. If you do not agree with these Terms of Use, you must not use this website.

Actuity may in its sole discretion vary or modify these Terms of Use without notice. Any subsequent access to, or use by you of, the website will constitute an acceptance of those variations and modifications. Actuity has no obligation to notify you of such modifications or amendments so it is recommended that you periodically view the Terms of Use prior to accessing the Website.

Access to and use of this website is also governed by Actuity’s Communications Terms and Condition, which govern to all communications to and from Actuity. Please refer to our Communications Terms and Conditions.

Privacy

We may as a result of your access to this website hold and process personal information obtained about you. However, Actuity is committed to maintaining the privacy of any personal data it holds about you, and does so in accordance with the National Privacy Principles contained in the Privacy Act 1998. Please refer to our Privacy Policy to understand how your personal information will be treated when you use this website.

Australian residents

Information on this website (including the products and services referred to herein) is directed and available only to Australian residents.  Access to this website may be restricted by law in certain jurisdictions. We do not make representation that information and materials on this website are appropriate for use in any jurisdictions available on the web, or that transactions, securities, products, instruments or services offered on this website are available or indeed appropriate for sale or use in all jurisdictions, or by all investors or other potential clients. By accessing this site, the entrant has agreed that he/she has reviewed the website in its entirety including any legal or regulatory terms. Further, those who access this website are therefore responsible for compliance with their applicable local laws and regulations.

Intellectual Property 

This website is for personal use. All rights not expressly granted on this website are reserved by Actuity. This website and its contents are protected by law including copyright law in its layout, text, images, photographs, graphics, illustrations, audio clips, video clips and HTML codes. No part of this website or its contents may be used, copied, modified or transmitted other than as incidental to your permitted use of the website.

No offer or contract

No information or content contained on this website is to be used, and/or construed and/or considered by you as an offer to sell and/or a solicitation of an offer to buy securities and/or other financial instrument or service of any nature, nor as any advice or recommendation with respect to any such securities or financial instrument.

Further, you may not rely on the communication, either wholly or in part, as constituting a contract between you and Actuity (or otherwise has any contractual significance whatsoever) unless Actuity expressly states, in writing, that the communication is intended for such purposes.

All services offered by Actuity are subject to completion (in the manner required by Actuity) of the requisite application forms and other documentation and are governed by the relevant Actuity terms and conditions for that particular product or service. Actuity reserves the right to reject in its absolute discretion (without affording you any reason) any application submitted for products or services contained on this website.

Accuracy of Information

The information on this website, and any other websites linked to this website, is believed to be accurate at the time of compilation and is provided by Actuity in good faith. However, the use of this website, and any other websites linked to this website, is at your sole risk.  Actuity, the directors and officers of Actuity, and the trustees or responsible entitles of any trust or fund, make no representation or warranty as to the quality, accuracy, reliability, timeliness or completeness of material in this website or material in websites linked to this website. Except in so far as liability under any statue cannot be excluded, Actuity, its directors, employees and consultants (Relevant Person) accept no liability (whether arising in contract, tort, negligence or otherwise) for any error or omission in the material or for any loss or damage (whether direct, indirect, consequential or otherwise) suffered or liability encountered by the recipient of the information or any other person (Loss). You release, discharge and indemnify each Relevant Person from and against Loss suffered or incurred by you or any Relevant Person as a result of use of this website.

All information contained on this website is provided in good faith and has been derived from sources believed to be reliable and accurate. Actuity has not verified the accuracy or completeness of the information and does not make any warranty as to the accuracy or completeness of the information. We do not accept any liability for any acts or omissions resulting from your decisions or opinions formed on the basis of your use of the website.

General Information Only

The information contained in this website should be used as general information only and is not an offer or solicitation to enter into any agreement of any kind or intended to have that effect. It does not take into account the particular circumstances, investment objectives and needs for investment of any investor, or purport to be comprehensive or constitute investment advice and should not be relied upon as such. You should consult a financial adviser to help you form your own opinion of the information, and on whether the information is suitable for your individual needs and aims as an investor. You should consult appropriate professional advisors on any legal, stamp duty, taxation and accounting implications of making any investment.

As the website is intended to provide general information regarding Actuity, its products and services, and other financial information which may be of interest to you, it is not intended to provide exhaustive treatment of any subject dealt with and should not be relied upon as such.

The information on this website, including all research, opinions or other content, is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services. Before making any decision or taking any action which might affect your personal finances or business you should take appropriate advice from a suitably qualified person.

The website may include technical, typographical or other inaccuracies and you are urged to contact us to confirm all information contained on this website before making any use of it. Changes are periodically made to the information on this website and these changes will be incorporated in new editions of this website. Actuity does not guarantee that this website will operate free of error or defect or that it is free from computer viruses or any other contaminating computer program.

If the website contains statements or information which relate to projections, plans or objectives or future economic performance you should be aware that these projections are only predictions and that actual events or results may differ materially. Past performance of any investment or security is not necessarily an indication of future performance. Value of investments may go up as well as down.

We make no representation and accept no responsibility for any error, omission, inaccuracy, misleading information or anything done or not done if you access, use, download, or act in reliance on any representation, information or data contained, linked or distributed through this website. We also reserve the right to change information displayed on this website at any time without notice to you.

Past Performance Disclaimer

Returns on investments are volatile and subject to change and likely to vary from year to year. Accordingly, past performance figures contained on the Website are not necessarily indicative of future returns and should be used as a general guide only. Future returns may bear no relationship to the historical information displayed. The returns shown represent past returns only and are not indicative of future returns of a syndicate, fund or investment. Returns can be particularly volatile in the short term and in some periods may be negative.

Actuity, the directors and officers of Actuity, and the trustees or responsible entitles of any trust or fund makes any guarantee or representation in regards to the performance of any of fund, syndicate or investment, nor the specific rate of return to investors or the return of capital.

Third Party Products/Services

No endorsement of any third party or its products, services, or website is intended by any content, links or advertisement (including banner ads containing embedded hyperlinks) on or to this website. Links and information displayed about any third parties are provided only as a convenience and may not remain current. Opinions expressed on this website do not necessarily reflect those of Actuity.

Other website links

This site may contain links to other websites operated by entities which do not belong to Actuity. These links to other websites have been provided solely for your convenience. Actuity has no control over the information on these sites or the products or services offered through those sites .Actuity makes no representations regarding the accuracy or suitability of the information, services, or products described on them and does not accept any responsibility or liability with regard to the content of those sites.

You must make your own enquiries in relation to third parties described or linked on this website. Inclusion of a link to a third party site should not be construed as that party’s endorsement of this site or vice versa. By linking to sites operated by third parties, Actuity is not authorising the reproduction of any material on such sites, as such material may be the subject of intellectual property rights of third parties.

Software applications accessible from this site

Some of the software programs that may be downloaded through third party links from this website are products belonging to third parties. The use of such third party software is at your own risk. Such software is likely to be subject to licensing terms imposed by the owner of that software. To the maximum extent permitted by law, Actuity excludes all liability in relation to using or downloading any software (third party or otherwise) that may be accessed from this website. Actuity makes no representations and provides no warranties in relation to such software. In particular, to the maximum extent permitted by law, Actuity excludes all liability for any damage (including, without limitation, loss of data, interruption to business and loss of profits) resulting from viruses or other consequence of using or downloading any software (third party or otherwise) accessible through this website.

Transmission of information

Information transmitted via the Internet is susceptible to monitoring and interception. You will bear all risk of transmitting information in this manner. Actuity will not be liable for any loss, harm or damage suffered by you as a result of transmitting information to us. Actuity reserves the right to request independent verification of any information transmitted via e-mail.

Any unsolicited confidential or proprietary information sent to Actuity via the Internet cannot be guaranteed to remain confidential. If you need to send such information to Actuity and are concerned about the security of this information please contact us and we will advise you of the most appropriate method of transmission.

Disclaimer and Exclusion of Liability 

Without affecting any of your statutory rights which cannot be lawfully excluded or limited:

1. a) we will not be liable for and exclude all liability for any loss, damage, liability, claim or expense and whether direct, indirect or consequential, special or punitive (including but not limited to any loss of profit, revenue, data or anticipated savings) whatsoever and howsoever caused, arising from access, use, downloading, or reliance by you or any other person on or to, any representation, information, data, product or service provided on or via this website, or otherwise in connection with this website, whether in contract, tort (including but not limited to negligence), property law, trust, unjust enrichment, equity, statutory law or otherwise,
2. b) we shall not be liable to you for any physical loss or damage to your computer as a result of your use of this website, including any damage arising as a result of a virus. You have sole responsibility for adequate protection and back up of data and/or equipment. and
3. c) this website and its content are provided “as is” and we make and give no warranty, guarantee or representation, express or implied as to the fitness, merchantability or suitability of any product , service or provider displayed on this website or any referenced or linked website.

You should not rely on the content of this website without, where appropriate, first obtaining your own advice from relevant consultants and professionals.

Governing Law 

If a provision, or part of it, of these Terms of Use is held to be invalid, unenforceable or illegal for any reason, then that provision or relevant part must be read down if possible but if that cannot be done then it must be severed and the balance of these Terms of Use will otherwise remain in full force.

These Terms of Use are governed by the laws of the State of New South Wales and the Commonwealth of Australia as applicable. You irrevocably and unconditionally submit to the jurisdiction of the courts of New South Wales (and any courts which may hear appeals from those courts) and waive any right to object to proceedings being brought in those courts in respect of any proceedings in connection with these Terms and Conditions or this website.