1. General
1.1 These Website Terms and Conditions (Terms) govern access to and use of the Candour Capital website (Website). By accessing, browsing or using the Website, you agree to be bound by these Terms.
1.2 In these Terms, Candour Capital, we, us and our means Candour Capital Pty Ltd (ABN 46 624 618 971), an authorised representative (AFS Representative Number 001267726) of Candour Private Wealth Pty Ltd (AFSL 544396).
1.3 If you do not agree to these Terms, you must cease using the Website immediately.
2. Wholesale clients only and jurisdiction
2.1. The Website and the information on it are prepared only to persons who are Australian wholesale clients within the meaning of the Corporations Act 2001 (Cth), including under section 761G and, where applicable, section 761GA, and to other persons in jurisdictions where it is lawful to access the Website.
2.2. By accessing the Website, you represent and warrant that you are such a person and that it is lawful for you to access the Website in the jurisdiction from which you do so.
2.3. The Website is not prepared for retail clients and must not be relied on by retail clients.
2.4. The information on the Website is not for distribution to, or use by, any person or entity in any jurisdiction or country where that distribution or use would be contrary to law or regulation or would subject Candour Capital to any registration, licensing or other requirement in that jurisdiction.
2.5. Without limitation, the information on the Website is not intended for distribution to, or use by, any person in the United States or any other jurisdiction where the relevant offer, invitation or distribution would be unlawful.
2.6 Candour Capital may require information or documentation to verify wholesale-client status, identity, jurisdiction, eligibility or compliance requirements before providing access to further information, progressing any enquiry or facilitating any transaction-related process.
3. General information and disclaimers
3.1. The Website is provided for general information purposes only. Nothing on the Website constitutes or is intended to constitute financial product advice, financial services advice, personal advice, legal advice, tax advice, accounting advice or any other professional advice.
3.2. The information on the Website is general information only and does not take into account your objectives, financial situation or needs. Before acting on any information, you should consider its appropriateness and obtain independent professional advice.
3.3. Nothing on the Website constitutes an offer, invitation, solicitation or recommendation to apply for, acquire, vary or dispose of any financial product or to enter into any transaction.
3.4. Any product information made available through the Website is subject to the terms of the relevant issuer documentation and any applicable distribution restrictions. Potential investors should read the relevant offer documents, term sheets and other transaction documents in full and obtain their own independent professional legal, tax, accounting and financial advice before making any investment decision.
3.5 Accessing or using the Website does not create any client relationship, advisory relationship, or other professional relationship between you and Candour Capital.
3.6 You are solely responsible for evaluating the merits and risks of relying on any information made available through the Website.
3.7 You must not rely on the Website as the basis for any investment or other decision. You should obtain your own independent professional advice tailored to your circumstances before acting.
4. Accuracy and completeness
4.1. Candour Capital uses reasonable care in preparing the content on the Website. However, the Website may include information obtained from third parties, market sources or product issuers, and that information may not be independently verified by Candour Capital.
4.2. To the maximum extent permitted by law, Candour Capital does not represent or warrant that the Website including information obtained from third parties, is accurate, complete, current, reliable or suitable for any purpose.
4.3 Candour Capital does not accept responsibility for any statement, representation, disclosure document, or other material made available by any product issuer or third party.
4.4. Information on the Website is subject to change without notice. Candour Capital reserves the right to review, change, update or correct any information on the Website at its sole discretion and at any time, including after the date of publication.
4.5. Any views, opinions, estimates, targets, projections, forecasts or forward-looking statements are indicative only, are based on assumptions and matters outside Candour Capital’s control, and may not be realised.
4.6. Candour Capital is under no obligation to update or correct any information on the Website, except as required by law.
5. Risk warning
5.1. All investments involve risk, including the possible loss of capital, market risk, credit risk, liquidity risk and other risks described in relevant product documentation.
5.2. Past performance is not a reliable indicator of future performance.
5.3. Candour Capital does not guarantee the performance of any investment, the repayment of capital, the payment of income or distributions, or any particular taxation outcome.
6. Permitted use
6.1. You may access and use the Website only for lawful purposes and in accordance with these Terms.
6.2. You must not: (a) misuse the Website; (b) attempt to gain unauthorised access to any part of the Website, related systems or networks; (c) interfere with the security or operation of the Website; (d) use the Website in a way that is unlawful, misleading, fraudulent, defamatory or otherwise objectionable; or (e) use any automated means to scrape, harvest, data-mine or copy substantial parts of the Website without Candour Capital’s prior written consent.
6.3. Candour Capital may suspend, restrict or withdraw access to all or part of the Website where it reasonably considers this necessary for operational, security, legal or compliance reasons.
7. Copyright
7.1. Unless otherwise indicated, Candour Capital owns the copyright in the Website and its content, including text, graphics, images, video, logo, documents, design, layout and downloadable material.
7.2. You may view and download information from the Website for your own internal, lawful and non-commercial use, provided you do not remove or modify any content, copyright or proprietary notices.
7.3. Except as permitted by law or with Candour Capital’s prior written consent, you must not reproduce, modify, upload, transmit, distribute, publish, frame, mirror or otherwise exploit any part of the Website or its content.
8. Third-party information
8.1. The Website may contain links to third-party websites, documents or content for convenience only.
8.2. Candour Capital does not control, endorse or approve any third-party website, document, product, service or content merely because it is linked from the Website.
8.3. Candour Capital is not responsible for the availability, accuracy, content, security or privacy practices of any third-party site or material.
9. Privacy
9.1. Candour Capital may collect personal information and website usage information through the Website, including information submitted by you, device and browser information, IP address, pages visited and other analytics information.
9.2. Candour Capital handles personal information in accordance with applicable privacy laws, including the Privacy Act 1988 (Cth), and its Privacy Policy as updated from time to time.
9.3. By using the Website or submitting information through it, you consent to Candour Capital collecting, holding, using and disclosing your personal information for purposes connected with operating the Website, responding to enquiries, compliance, due diligence, service delivery, relationship management, direct marketing where permitted by law, and other purposes described in the Privacy Policy.
9.4. Candour Capital may disclose personal information to its related entities, product issuers, service providers, counterparties, contractors and regulators where reasonably necessary for providing services to you or as required by law.
10. Electronic communications
10.1. Where Candour Capital sends commercial electronic messages, it intends to do so in accordance with applicable law, including the Spam Act 2003 (Cth). You may unsubscribe from marketing communications using the unsubscribe facility provided, but Candour Capital may still send non-marketing messages required for legal, compliance or operational purposes.
10.2. To the extent permitted by law, you consent to receiving notices and other communications electronically, including by publication on the Website or by email to an address you provide.
11. Cookies and website analytics
11.1. The Website may use cookies, analytics tools and similar technologies to operate the Website, improve user experience, understand traffic and support security and administration functions.
11.2. You can usually manage cookies through your browser settings, although disabling cookies may affect the performance or availability of parts of the Website.
12. Limitation and exclusion of liability
12.1. Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot be excluded under applicable law, including the Australian Consumer Law.
12.2. Subject to clause 12.1 and to the maximum extent permitted by law, Candour Capital excludes all liability for any loss, damage, cost or expense, whether direct, indirect, incidental, special or consequential, arising out of or in connection with: (a) access to, use of, or inability to use, the Website; (b) reliance on any information on the Website; (c) any error, omission or misstatement; (d) any interruption, delay, defect, virus or malicious code; or (e) any third-party content or linked site.
12.3. Where liability cannot be excluded but can be limited, Candour Capital’s liability is limited to the maximum extent permitted by law and, where applicable, to resupplying the relevant services or information or paying the cost of having them resupplied.
13. Indemnity
13.1. You indemnify Candour Capital, its officers, employees and agents against any loss, claim, damage, liability or expense arising from your breach of these Terms, your misuse of the Website, or your violation of any law or the rights of any person, except to the extent caused by Candour Capital’s fraud, wilful misconduct or any liability which cannot be excluded by law.
14. Changes to the Terms
14.1. Candour Capital may amend these Terms at any time by publishing an updated version on the Website.
14.2. The updated Terms take effect when published, unless a later date is specified.
14.3. Candour Capital may change, suspend, withdraw or discontinue any part of the Website at any time without notice.