Disclaimer and Terms and Conditions

DISCLAIMER

Please read the terms and conditions of use ("Terms") carefully before using this website ("Site"). Your use of this Site is subject to and conditional upon your acceptance of these Terms which apply to and govern the Site, and your use of the Site constitutes your acceptance of these Terms. If you do not agree with the Terms you should leave this Site immediately. The Terms may be varied at any time and your continued use of the Site constitutes your acceptance of the Terms as amended.

The information on this Site is provided for use by wholesale investors (Wholesale Investors) only (within the meaning of the Corporations Act 2001 (Cth)) and is not being provided to retail investors. Wholesale investors are organisations such as Australian financial services licensees, listed entities and individuals investing at least AUD$500,000, or who have net assets of at least AUD$2.5 million or a gross income of at least AUD$250,000 for each of the past 2 financial years, as certified by a qualified accountant.

The information on this Site is provided for use by persons accessing this Site from Australia and is not being provided to persons accessing this Site from outside Australia. The accessibility or distribution of the information on this Site may be restricted or prohibited by law in certain jurisdictions and BCS has not taken any action which may be required by law in any jurisdiction outside Australia to permit these pages to be accessed by, or for the financial products referred to on this Site to be offered to, prospective investors outside Australia. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.

The information on this website is published by BCS Capital Pty Ltd ABN 77 127 357 653 ("BCS"), AFS Licence Number 342163. This licence permits BCS to provide financial product advice to and to deal in a financial product with and on behalf of Wholesale Investors only. If you are not a Wholesale Investor, please do not read or consider the material on this website.

No advice given
The information provided on this Site is of a general nature and does not constitute investment advice. It has been prepared without taking into account the objectives, financial situation or needs of any investor. For this reason, before acting on any of this information, you should consider its appropriateness, having regard to your objectives, financial situation or needs or you should consult a financial adviser to help you form an opinion on this information and whether it is suitable for your individual needs and aims as an investor.

None of the information on the Site constitutes an offer to issue or sell any financial product.

Investments are subject to risks including possible delays in repayment or loss of income or capital invested. The performance figures quoted on the Site are for the past performance of BCS' products and services. Past performance is not a reliable indicator of future performance. BCS does not guarantee the performance of any of BCS' funds, the return of an investor's capital nor any specific rate of return.

 

TERMS AND CONDITIONS

All users of services accessible through this Site agree to BCS Capital Pty Ltd's ("BCS") terms and conditions set out below.

Accuracy and reliability of information
BCS does not guarantee the accuracy, adequacy or completeness of information on the Site or that the website is otherwise free from error, omission or other defect. BCS may not, and has no obligation to update the information or correct any inaccuracy in the information on the Site. BCS reserves the right to change any information provided on the Site without notice.  

Copyright
All materials contained in this Site including without limitation any text, photographs, HTML Code, software, graphic, logos, photographs, PDF files or artwork available on this Site ("Materials"), unless otherwise indicated, are protected by intellectual property laws and must only be used for personal, non-commercial purposes only. You may display, download, print and reproduce this material in unaltered form for your personal use only, subject to the following restrictions:

  • you must keep all copyright and other proprietary notices attached to the downloaded Material;
  • you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;
  • you will not download any information or Material from any part of the Site, if you are aware, or reasonably ought to be aware, that the information or Material should not, or was not intended, to be downloaded or distributed; and
  • you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under this Agreement.

Any other use, including the reproduction, modification, distribution, transmission, republication, storage or display, of the Materials on this Site is strictly prohibited unless you have obtained the prior written consent of BCS or unless it is expressly permitted by this Site.

General Disclaimers and Liability
Use of this Site is at your own risk. None of BCS, its affiliates or any of their respective directors, officers, employees, agents, third party content providers or licensors make any express or implied representation or warranty, or shall be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with this Site, its use, content or any products or services (including the BCS products and services) referred to on this Site. This includes (but is not restricted to) loss or damage which may be suffered in connection with:

  • the content of the Site, including your reliance on its completeness, accuracy, suitability or currency;
  • your use of this Site and any sites linked to it;
  • your use of this Site if you are not a Wholesale Investor;
  • services supplied by BCS under these Terms;
  • a failure or omission on the part of BCS to comply with its obligations under these Terms;
  • the unavailability of this Site for any reason, including due to computer or communications link downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities; or
  • computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.

Continued Site availability and access
BCS does not warrant that it will continue to make this Site available generally or at all and reserves the right at any time to impose fees for your future access to material appearing on this Site. We reserve the right at any time to alter the Site in such a way as to change the equipment needed by you to access or use the Site or any part of it.

Indemnity
You agree to indemnify and will keep BCS, its affiliates and their respective directors, officers, employees, agents, third party content providers and licensors indemnified from and against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) incurred or suffered by BCS ("BCS's Loss") in connection with your (or where applicable, any other person using your username and password) use of this Site, breach of these Terms or breach of any rights of third parties.

Without limiting the preceding paragraph, you indemnify us for any of BCS' Loss incurred by virtue of any breaches by you of any third parties' intellectual property rights as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this Site.

Privacy
The privacy of your personal information is important to BCS. Any personal information collected will be used by BCS in accordance with our Privacy Policy. BCS' Privacy Policy details how we comply with the requirements of the Privacy Act 1988 (Cth). 

Exclusion of Warranties
To the extent permitted by law, BCS expressly disclaims all warranties of any kind, whether express or implied, including without limitation all warranties with regard to information on this Site and other sites linked to it. BCS makes no warranties that this Site is free of computer viruses, defect or contamination.

Rights we cannot exclude, limit or disclaim
This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.

Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. You and BCS agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.