This page sets out the Terms and Conditions of access to, and use of this Website. The Website is owned and operated by Westoz Funds Management Pty Ltd and Westoz Resources Fund Limited (“the Westoz Group”).
The Website is available for you to access and use conditional on your acceptance without alteration of, and your compliance with, the Terms and Conditions on this page (“the Terms and Conditions”).
Your access to, or use of, the Website constitutes your agreement to be bound by the Terms and Conditions. If you do not accept the Terms and Conditions, you must stop using the Website immediately.
Ownership of Intellectual Property
All intellectual property rights (including but not limited to copyright in the Website and trade marks displayed on or included in the Website) are owned or licensed by the Westoz Group.
Information by a third party may be the subject of a grant of licence or assignment of copyright from the third party to the Westoz Group or may be copyright owned by the third party.
No licence or right of use of any trade mark displayed on or included in the Website is to be interpreted as being granted. The Website includes trade marks of the Westoz Group or its licensor, and some of these trade marks may be the subject of applications for registration by the Westoz Group or its licensor.
Prohibitions on use
Except for the limited use set out under the next heading “Permitted Use”, you must not use the Website, or the information provided on it, for any purpose.
You are specifically prohibited from:
- reproducing, printing, publishing, displaying or distributing the information provided on the Website, or creating any works from any of that information;
- uploading or reposting the information provided on the Website to any other website;
- “framing” the information provided on the Website with other information provided on any other website;
- on selling the information provided on the Website without the express prior written consent of the Westoz Group; and
- copying or modifying the layout of the Website, or any computer software and code contained in the Website.
Permitted Use
Notwithstanding the prohibitions set out under the previous heading “Prohibitions on Use”, you may only:
- access and use the Website and the information on the Website for lawful purposes; and
- using an industry standard web browser, view and download information provided on the Website for your personal use if, and only if, you keep all the information intact and in the same form as presented on the Website (including but not limited to retention of all copyright, trade mark and other proprietary notices contained on or in relation to that information).
Availability
All information provided and financial products and services (if any) offered on the Website are for Australian residents.
If you are not an Australian resident and are interested in financial products or services offered on the Website, please contact the Westoz Group. Foreign law may restrict access to the Website.
Subscription and Registration
Access to the information services and other on-line services provided on the Website or to any report or other publication is restricted to clients of the Westoz Group. To subscribe to these services and register for access please contact your Westoz Group adviser. You must provide your subscription details in accordance with the requests appearing on the Website. Subscription is free but non-transferable.
Please notify us in writing if you want to be removed from the subscription or registration databases, or if you want to amend or update your details. The Westoz Group may terminate your subscription or registration without notice to you at any time for any reason without giving you any explanation or justification.
Information Provided
All information provided on the Website is:
- provided without the Westoz Group and its directors and officers assuming a duty of care to you;
- provided only in accordance with the Terms and Conditions;
- based on sources which Westoz Group believes to be current and accurate as at the date of publication. However, Westoz Group has the right, although it is not obliged, to update this information at any time; and
- in the nature of information and not advice.
Importantly, all information provided on the Website does not take into account your individual circumstances, investment objectives or needs. The information is not investment advice and should not be relied on. You should seek professional advice to assist you in forming your own opinion of the information and its relevance to your individual circumstances, investment objectives and needs.
Past performance of any product described or referred to on the Website or any website referred to on, or linked to, the Website or accessed through any of those websites (“external website”) is not an indicator of future performance. You should seek professional advice before you decide to invest or consider any action based on information provided on the Website or an external website.
Disclaimers and Limitations of Liability
You should read these Disclaimers and Limitations of Liability carefully and seek independent legal advice if you need help. Your access to, and use of, the Website and any external website is at your sole risk.
None of the Westoz Group or its directors and officers gives any warranty, guarantee or representation about:
- the reliability, accuracy, timeliness, completeness or otherwise, of any information provided on or accessed through the Website or any external website; or
- the merchantability or fitness for any particular purpose for any service or product contained or referred to on or accessed through the Website or any external website. You should make your own inquiries and seek independent advice from appropriate professionals or other people before acting or relying on any information provided on or accessed through the Website or any external website. To the extent permitted by law, none of the Westoz Group or its directors and officers accepts any responsibility for any loss or damage, caused directly or indirectly (including through negligence), which you may directly or indirectly suffer in connection with or arising from:
- your access to, or use of, the Website or any external website; or
- your access to, use of, or reliance on, information provided on or accessed through the Website or any external website. This includes but is not limited to direct or indirect consequences of you: acting, or failing to act, on any information contained or referred to on the Website or any external website; or
- using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any external website.
None of the Westoz Group or its directors and officers accepts any responsibility for any loss or damage, caused directly or indirectly (including through negligence), in connection with or arising from your reliance on any information provided on or accessed through the Website or any external website. The Westoz Group does not undertake to keep the Website updated.
It remains your responsibility to make your own inquiries about the information (including but not limited to inquiries about the accuracy, completeness and usefulness of the information) and seek independent advice from appropriate professionals or other people before acting or relying on any information provided on or accessed through the Website or any external website.
None of the Westoz Group or its directors and officers gives any warranty, guarantee or representation about the security of any information you transmit to the Westoz Group. However, the Westoz Group will take reasonable steps to preserve the security of information you transmit to it.
None of the Westoz Group or its directors and officers accepts any responsibility for any interference or damage to your computer system which arises in connection with your access to or use of the Website or any external website.
None of the Westoz Group or its directors and officers gives:
- any warranty, guarantee or representation that the Website or any external website, or the server or servers that make those sites available, are free of software viruses;
- the functions contained in any software contained on the Website or any external website will operate uninterrupted or are error free;
- or errors and defects in the Website or any external website will be corrected. You must take your own precautions to ensure that the process you use to access the Website or any external website does not expose you to the risk of viruses, malicious computer code or other forms of interference that may damage your computer system Where the information provided on the Website or any external website contains opinions, judgments or advice of third parties:
- any of those opinions, judgments or advice given by third parties remain the responsibility of the relevant third parties, and none of the Westoz Group or its directors and officers gives any warranty, guarantee or representation about the accuracy, reliability, completeness or usefulness of that content or its fitness for any particular purposes;
- none of the Westoz Group or its directors and officers endorses or approves the accuracy, reliability, completeness or usefulness or overall content of any of those opinions, judgments or advice; and
- none of the Westoz Group or its directors and officers accepts any responsibility for any defamatory, offensive or illegal conduct of any third party. None of the Westoz Group or its directors and officers accepts any responsibility for the following things, however caused:
- errors or omissions in the Website or any external website; and
- defamatory, offensive or illegal conduct of any user of the Website or any external website. All conditions or warranties which could be implied into the Terms and Conditions are excluded to the extent permitted by law. Where an implied condition or warranty can’t be excluded, the liability of the Westoz Group and its directors or officers will be limited:
- for a breach relating to services supplied or offered, the limitation will be to the re-supply of the services or the payment of the cost of having the services re-supplied; and
- for a breach relating to goods supplied or offered, the limitation will be to the replacement of goods or the supply of equivalent goods, the repair of goods, the payment of the cost of having the goods replaced or acquiring equivalent goods, or the payment of the cost of having the goods repaired. However, where these limitations are prohibited the limitations will be to the maximum extent permitted by legislation. None of the disclaimers or limitations of liability appearing above attempt to exclude liability arising under legislation if, and to the extent, that liability cannot be lawfully excluded.
Indemnity
You indemnify, and will keep indemnified, each of the Westoz Group and its directors, officers, employees, servants, agents and contractors against, and must pay each of them on demand, the amount of all losses, damages, claims, demands, actions, proceedings, costs and expenses (including legal fees), caused directly or indirectly, in connection with or arising from:
- failure by you to comply with the Terms and Conditions;
- reliance by you on any information provided on or through accessing the Website or any external website;
- your access to, or use of, the Website or any external website; or
- access to, use of, or reliance on, any information provided on or through accessing the Website or any external website by any person accessing that information through the Website or any external website.
External Websites
For your convenience, the Website contains references or links to other websites which may in turn refer or link to other references or links. None of the Westoz Group or its directors and officers:
- gives any warranty, guarantee or representation about the reliability, accuracy, timeliness, completeness or otherwise, of any information contained on any external website;
- is responsible for any opinions, representations, warranties, guarantees, offers, invitations, information or practices of any external website; and
- controls, endorses, approves or recommends anything contained on or relating to information, products or services referred to or contained on any external website unless and to the extent expressly stated otherwise by the Westoz Group.
Termination
The Westoz Group may terminate access to the Website without notice to you at any time for any reason without giving you any explanation or justification.
None of the Westoz Group or the directors and officers accepts any responsibility for any loss or damage caused directly or indirectly in connection with or arising from terminating access to the Website.
The operation of all disclaimers, limitations of liability and indemnities contained in the Terms and Conditions will survive termination of access and use.
Waiver of Rights
If the Westoz Group waives any of its rights under the Terms and Conditions, it may decide not to waive that right or those rights in the future.
Changing Terms and Conditions
The Westoz Group may change the Terms and Conditions without notice to you at any time for any reason without giving you any explanation or justification.
Governing Law
The Terms and Conditions are governed by and interpreted in accordance with the law in force in Western Australia. You submit to the exclusive jurisdiction of the courts of Western Australia.
Your Acceptance of Terms and Conditions
By continuing to use the Website, you acknowledge that you have read and understood all the Terms and Conditions and agree to be bound by them. If this is not the case, you must stop using the Website immediately.