Terms of Use

Your access to this 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.

Website

This website, www.warakirri.com.au, including all of its pages, information and content is owned and operated by Warakirri Asset Management Pty Ltd (ABN 33 057 529 370 & AFS Licence No. 246782) ("Warakirri").  The sole purpose of this website is to provide general information on Warakirri's business of wholesale investment management.

Links to Other Websites

The Warakirri 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.

Warakirri is not responsible for the content or privacy practices associated with Third Party Websites.

Jurisdiction

This website is primarily directed at persons accessing the website from within Australia (see "Wholesale Investors Only" below).  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.

Wholesale Investors Only

The information is provided for Australian residents or citizens who are currently located in Australia and are deemed to be a Wholesale Client under section 761G of the Corporations Act 2001 (Cth) (the "Act").  The products and services described in this website are not available to any person who is a retail client within the meaning of section 761G of the Act.  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. 

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 may not rely on any forward looking statements made in this website for any decision to invest or acquire financial products or services.

Information Memorandum

The offer to invest in a Warakirri fund will be made in the form of an Information Memorandum for the relevant fund.  Anyone wishing to invest in a fund will need to complete an application form in the current Information Memorandum for the relevant fund.  The Information Memorandum for the relevant fund should be considered before deciding whether to acquire or hold units in the funds.

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. 

Disclaimer, Liability and Indemnity

Neither 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.

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.

General Information Only

The information contained in this website should be used as general information only.  It does not take into account the particular circumstances, investment objectives, financial requirements or particular needs of any particular 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 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. 

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.

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.

Privacy Policy

Warakirri takes reasonable steps to preserve the security of personal information it collects via this website.  For more information on Warakirri's privacy policy, please contact Warakirri.

Intellectual Property Rights

All intellectual property rights (including without limitation copyright and trade marks) 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.

Termination of Access

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