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Terms of Service

/Terms of Service

This website is owned by Midshore Capital Pty Ltd ACN 625 034 433 (“Midshore Capital”) and operated by AUL and its related bodies corporate (as that term is defined in section 50 of the Corporations Act 2001 (Cth)) (referred to collectively as “Midshore Capital”) under the domain name “midshorecapital.com” (“this website”). Your access to this website is subject to these terms and conditions, Midshore Capital’s privacy policy available here, notices, disclaimers and any other terms and conditions or other statements contained on this website (referred to collectively as “Terms and Conditions”). By using the information, graphics, text, documents, tools, software and other materials (“Content”) on this website you agree to be subject to the Terms and Conditions.

 

1. Access for persons from within Australia only

This website is only for the use of persons accessing the website from within Australia. The products and services described in this website are only available to persons accessing the website from within Australia, unless otherwise specified.

 

2. No specific personal advice provided to you

Unless otherwise expressly stated to the contrary, this website is not designed for the purpose of providing personal investment, financial, legal, healthcare or other professional advice to you. Content provided on this website does not take into account your specific personal or financial situation, particular objectives or other needs you may have.

You should assess whether the Content on this website is appropriate to your particular objectives, circumstances and other personal needs. You should do this before making any decision on the basis of the information on this website. You can either make this assessment yourself or seek the assistance of a relevant professional adviser.

Unless otherwise expressly stated to the contrary, the Content on this website is not a recommendation to buy any Midshore Capital product and/or service or to invest in any investments, securities or financial products offered by any Midshore Capital company.

 

3. Products and services

Not all products and services referred to on this website are provided by the same Midshore Capital group company.

Unless otherwise stated to the contrary, no Midshore Capital group company guarantees the products and/or services of another Midshore Capital group company or that any Midshore Capital product and/or service will derive any particular outcome.

 

4. Third party offers and links to other websites

This website may contain references to other special offers or promotions by persons who are not part of the Midshore Capital group of companies and may contain links to other websites or pages that are not operated by the Midshore Capital group of companies. Such links are provided for convenience and information purposes only. Midshore Capital has not verified, and is not responsible for, the content of any other websites or pages linked to or linking to this website. Midshore Capital does not endorse, approve or recommend the operators of those websites or the content of those websites.

Subject to any applicable law which cannot be excluded, Midshore Capital makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of the goods or services available from the operators of third party websites. You obtain goods or services from such persons at your own risk. You indemnify each member of the Midshore Capital group of companies against all liability, loss, damage, cost and expense arising from or relating to your obtaining goods or services from a third party website.

If you provide a link to this website on another website (“Site”), you must ensure that Site does not contain any material that is offensive or distasteful, contravenes any law, disparages or adversely affects the brand or reputation of Midshore Capital or any of the Midshore Capital group of companies or the goods and services offered by the Midshore Capital group of companies, or makes any representations about Midshore Capital or its goods or services, including any representations of any endorsement, sponsorship, affiliation or approval of you or the Site by Midshore Capital or passes off Midshore Capital’s documents or information as your own.

Following links to any other websites or pages or linking this website to another Site is entirely at your own risk and Midshore Capital will not be responsible or liable for any losses, damages or expenses arising in connection with such linking.

 

5. Investment performance

Unless otherwise stated to the contrary, no Midshore Capital company guarantees any particular rate or return, the performance of any investment or the repayment of capital from any investment. Investment is subject to investment and other risks. Possible risks could include delays in repayment and loss of income or capital invested.

 

6. Disclaimer and limitation of liability

To the maximum extent permitted by law, Midshore Capital will not be liable in any way for any loss or damage suffered by you through access to this website, resulting from your use of the Content, or Midshore Capital’s failure to provide this website or particular Content. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this website or any part of it, or for any problems with this website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupplying this website or any part of it to you, or to paying for the resupply of this website or any part of it to you.

 

7. Warranties

While Midshore Capital has made every effort to ensure that the Content is free from error, Midshore Capital does not guarantee or warrant the quality, accuracy, adequacy, completeness, merchantability or fitness for purpose of any Content on this website. All Content is provided on an “as is” basis and without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that cannot be lawfully excluded, are excluded. All Content is subject to change without notice. As electronic services are subject to interruption or breakdown, access to this website is offered on an “as is” and “as available” basis. Midshore Capital may withdraw this website at any time and without notice to you.

 

8. General conditions

These Terms and Conditions are governed by the law in force in the State of Victoria, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and courts of appeal from them for determining any dispute concerning the Terms and Conditions.

These Terms and Conditions can be modified at any time by Midshore Capital and you agree to continue to be bound by these Terms and Conditions as modified. We will give you notice of these changes by publishing revised Terms and Conditions on this website – we will not separately notify you of these changes.

If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.

 

9. Copyright and trade marks

Copyright in the Content on this website is owned or licensed by Midshore Capital. Except as necessary for viewing the documents or information that form part of this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, no Content on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed, stored, published, displayed or transmitted in any form by any process and you may not create derivative works from any part of this website or commercialise any information obtained from any part of this website without the specific written consent of Midshore Capital or, in the case of third party material, from the owner of the copyright in that material.

You may print hard copies of the Content for your own personal, informational, non-commercial use, provided always that the Content is clearly attributed Midshore Capital and retains all copyright notices.