USE OF THE APRICOT CONSULTING WEBSITE
This web site, accessible at www.apricotconsulting.com.au (Website), is owned and operated by the Apricot Consulting Pty Ltd (ACN 609 410 264) and its related bodies corporate (Apricot Consulting).
Acceptance of and changes to terms and conditions of use
By using this Website, or downloading materials from this website, you agree to the terms and conditions of use contained in this notice without limitation or qualification. These terms and conditions of use may be revised at any time by updating this posting, and will be effective as of the date of such posting. Your continued use of the Website after any changes to this posting will be considered acceptance of those changes.
General Information
General information, opinions and other materials appearing on this Website are of a general nature only and shall not be construed as a securities recommendation or advice. Apricot Consulting Pty Ltd is not licensed to give advice and does not guarantee the performance of or repayment of capital or income in relation to the investments referred to on this website. The Website has not been prepared with reference to your individual financial circumstances. You should not rely on any advice in this Website without first seeking appropriate professional advice.
Applications for investment in the Schemes referred to on this website can only be made on the application form attached to the Information Memorandum and issued for each Scheme.
The Apricot Consulting accepts no responsibility for the accuracy or completeness of the information, opinions or other materials provided on or accessible through the Website. Where the Apricot Consulting makes third party material available or accessible through the Website you acknowledge that the Apricot Consulting is a distributor and not a publisher of that content and that its editorial control is limited to the selection of those materials to make available.
The content on this Website does not form part of the terms for the Apricot Consulting supplying to you any products and services of the Apricot Consulting.
No security or other product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, or other laws of such jurisdiction.
Disclaimer and Limitation of Liability
GENERAL
No part of these terms and conditions of use excludes, restricts or modifies any condition or warranty implied into these terms and conditions of use or any liability imposed on the Apricot Consulting by any applicable law (including the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth)) if to do so would contravene such law or make any part of these terms and conditions of use void.
EXCLUSION AND LIMITATION
To the extent permitted by law, all conditions, warranties and other terms implied by statute, custom or the common law are excluded from these terms and conditions of use. If any statute implies terms into these terms and conditions of use which cannot be lawfully excluded, then those terms and conditions will apply and, to the extent permitted by law, the liability of the Apricot Consulting for the breach of any such term will be limited to the minimum remedy provided for in such terms and conditions.
Liability of the Apricot Consulting (whether that liability arises under contract, tort (including negligence) or statute) is limited to the amount paid by you, if any, for accessing this Website.
In no circumstances will the Apricot Consulting, its subsidiaries, affiliates, or any party involved in creating, producing, or delivering this Website be liable to you or to any entity for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered in connection with the use of, or the inability to use, the content, materials and functions on this Website or any linked Website, even if the Apricot Consulting or an authorised representative of Apricot Consulting Pty Ltd has been expressly advised of the possibility of such damage.
The Apricot Consulting excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any incidental, consequential, special, or punitive damage (including, without limitation, any loss of profits, loss of opportunity, loss of revenue, loss of anticipated savings, business interruption, loss of information or programs or other data on your information handling system) resulting from the use of, or the inability to use, the content, materials and functions on this Website or any linked Website, even if the Apricot Consulting or an authorised representative of Apricot Consulting Pty Ltd has been expressly advised of the possibility of such damage.
DAMAGE AND VIRUSES
The Apricot Consulting will not be liable for any damage to, or viruses that may infect, your computer equipment or other property as a result of access to, use of, or browsing this Website or your downloading of any data, text, images, video, or audio material from this Website.
ERRORS
The Apricot Consulting does not warrant that the functions contained in the Website materials will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. The Apricot Consulting does not warrant or make any representations regarding the use or the results of the use of the materials on this Website in terms of their correctness, accuracy, reliability, or otherwise.
COPYRIGHT
This website contains copyright works that have been created by the Apricot Consulting. No copyright work shall be reproduced or transmitted separately to this website content in any manner without the specific written permission of the Apricot Consulting. Any unauthorised use of the images may infringe copyright laws, trade mark laws, the laws of privacy and publicity, and communications regulations and statutes. If it has been discovered that unauthorised use of copyright materials, which includes images, icons, tables, etc, has been taken then the Apricot Consulting may bring legal proceedings against the unauthorised user and seek monetary damages as well as injunctions to stop immediate use those materials. In addition, the associated legal costs will be sought.
GOVERNING LAW
This Website is controlled, operated and administered by the Apricot Consulting from its offices in Melbourne, Victoria, Australia. We make no representation that materials on this Website are appropriate or available for use at other locations outside of Australia and access to them from territories where their contents are illegal is prohibited. If you access this Website from a location outside of Australia, you are responsible for compliance with all applicable local laws. These terms and conditions of use shall be governed by the laws of the State of Victoria. You agree that the appropriate State or Federal Court in Victoria will have the exclusive jurisdiction to resolve all disputes arising from this Website or these terms and conditions of use, and you consent to personal jurisdiction in such forum.
Entire agreement and severance
These terms and conditions of use constitute the entire agreement between the Apricot Consulting and you with respect to your use of this Website. Part or all of any provision in these terms and conditions of use that is illegal or unenforceable, will be severed from these terms and conditions of use and the remaining provisions will continue in force and effect and be enforced to the maximum extent permissible so as to effect the original intent of these terms and conditions of use.
Terms and conditions of trade can be read here