Terms of Use

Your access to this website: www.warakirri.com.au including all of its pages, information and content (Website) is subject to the terms and conditions set out below.  By accessing this website you acknowledge that you have read these Terms of Use, together with any other terms and conditions or other statements, notices or disclaimers contained on this website.

1. General
This Website is owned and operated by Warakirri Asset Management Ltd (ABN 33 057 529 370 & AFS Licence No. 246782) (“Warakirri”).  References to “we”, “us” and “our” refer to Warakirri.

Warakirri is the issuer of financial products under the terms of the relevant disclosure document. By accessing this Website you agree to the Terms of Use which is a binding agreement between Warakirri and you in respect of your access and use of the Website. The terms and conditions relating to the issue of financial products are contained in the disclosure documents for that financial product and are not governed by this agreement.

The information contained in this Website is not an offer or invitation to enter into any legal agreement of any kind.  No statement or information in this Website constitutes advice or a recommendation, offer or invitation to invest in any investments, or to acquire, hold or dispose of securities or financial products or use financial services of Warakirri or any related entity.

The offer to invest in our financial products will be made through the relevant disclosure document for the financial product.  A person wishing to invest in a financial product is required to complete an application form accompanying the financial products disclosure document.  Before you invest in our financial products, you must carefully consider the information provided in the disclosure documents for the relevant financial product.

2. Access
The Website may contain information about financial products intended for persons who are regarded as ‘wholesale clients’ under section 761G of the Corporations Act 2001 (Cth) (the “Act”).  The financial products intended for wholesale clients are not registered and are not made available to any person who is a retail client within the meaning of section 761G of the Act. Financial products available to retail clients are registered with the Australian Securities and Investments Commission and issued by us through a Product Disclosure Statement.

3. No investment advice – general information only
The information contained in this Website should be used as general information only.  It does not take into account your particular circumstances, investment objectives or financial requirements, or purport to be comprehensive or constitute investment advice and should not be relied upon as such.  You should consult your personal financial adviser and seek personal financial product or investment advice to help you to form your own opinion of the information on the Website and importantly the disclosure documents of the relevant financial product, and on whether the financial product is appropriate to your individual needs, objectives and circumstances as an investor.  You should consult appropriate professional advisors on any legal, stamp duty, taxation and accounting implications before making any investment decision in any Warakirri financial product or service.

4. Links to Other Websites
The Website may contain links to websites owned or operated by third parties (“Third Party Websites”).  The information on the Third-Party Websites may not be current.  Warakirri does not endorse, approve or recommend the Third-Party Websites, or the information, products or services referred to in, or contained on, the Third-Party Websites.

5. Jurisdiction
This website is primarily directed at persons accessing the website from within Australia.  Warakirri does not make any representation that the use of information on this website is appropriate for use in other locations or that access to the content of the website from other locations is not illegal and prohibited.  Persons who choose to use this Website from other locations do so on their own initiative and are responsible for establishing the legality, useability and correctness of this website under any or all jurisdictions and the compliance of this website with local laws, if and to the extent local laws are applicable.  The information contained on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Warakirri to any registration or other requirement within such jurisdiction or country.

6. Investment Performance
We do not guarantee the performance of our financial products. The Website may contain reference to a financial product’s past performance. You must be mindful that past performance is not a reliable indicator of future performance and that an investment in a financial product is subject to investment and other risks. You should read the financial products relevant disclosure documents in its entirety and understand that investment and other risks prior to investing and, where appropriate, seek independent professional advice.

7. Limitation on Forecasts or Projections
Any forecasts, projections or other forward-looking statements contained in the information in this Website may involve significant elements of subjective judgment and assumptions as to future events which may or may not be correct or which may later change.  There are usually differences between forecasts and actual results because events and actual circumstances frequently do not occur as forecast and these differences may be material.  You should not rely on any forward-looking statements made in this Website for any decision to invest or acquire financial products or services.

8. Accuracy and Reliability of this Website
The information is believed to be accurate at the time of compilation and is provided by Warakirri in good faith.  However, the use of this website is at your sole risk.

9. Disclaimer, Liability and Indemnity
To the maximum extent permitted by law, Warakirri will not be liable in any way for any loss or damage suffered by you through the use or access of this Website, or our failure to provide you access to this Website.

Warakirri nor the directors, agents, employees and officers of Warakirri (“Relevant Person”), make any representation or warranty as to the quality, accuracy, reliability, timeliness or completeness of information in this Website or a Third-Party Website.  We do not undertake to keep this website updated and all information is subject to change without notice.

Except in so far as liability arising under any statue cannot be excluded, no Relevant Person accepts any liability (whether arising in contract, tort, negligence or otherwise) for any loss or damage of any kind (including direct, indirect and consequential loss, loss of profits, loss or corruption of data, failure to realise expected profits or savings or other commercial or economic loss of any kind) suffered or incurred by the recipient of the information or any other person (“Loss”) in connection with the use of this Website or any Third Party Websites, nor does any Relevant Person accept any responsibility for any such Loss arising out use of or reliance on information contained or accessed through this website or a Third Party Website.  You agree to indemnify each Relevant Person from and against Loss, costs, expenses, claims, actions, proceedings and liabilities (including legal costs) reasonably suffered or incurred, whether direct or indirect, by Warakirri or any Relevant Person as a result of a breach by you of your obligations under these terms and conditions or any wilful, unlawful or negligent act or omission by you as a result of your use of or conduct on this website.

10. Amendment of Terms of Use
Warakirri may, in its absolute discretion, modify or amend these Terms of Use from time to time and those modifications or amendments will be binding on you once displayed on this Website.  Warakirri 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 this Website.

11. Website Integrity
While care has been taken to prevent the introduction of viruses on to the website, Warakirri does not guarantee that the website is free from viruses.  You acknowledge that Warakirri will not be responsible for any corruption or failed transmission of any information caused by or 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.

12. Governing Law
These terms and conditions of use are governed by and construed in accordance with the laws of the State of Victoria, Australia.  You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria (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 of Use or this website.

13. Privacy Policy
You agree that we may handle your personal information in accordance with our Privacy Policy. Warakirri takes reasonable steps to preserve the security of personal information it collects via this website.  For more information on how we protect your information please refer to our Privacy Policy.

14. Intellectual Property Rights
All intellectual property rights (including without limitation copyright and trademarks) in relation to all information provided on this Website is owned or licensed by Warakirri.  Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or other applicable laws, no information contained on this website may be reproduced, adapted, stored, distributed, modified, published or transmitted in any form by any person or incorporated in any way into another document or other material without the prior written consent of Warakirri.  However, you may print and/or download information contained on this Website solely for your own personal use.

15. Termination of Access
Access to this website may be terminated at any time by Warakirri without notice.  All disclaimers by Warakirri will survive termination.