Terms and conditions of use


1. General terms and conditions for all users


1.1 The website (this “Website“) is owned by 5D IT Pty Ltd (ACN: 673 147 352) (“ComplianceCrest“). It is operated by one or more companies in the ComplianceCrest Group (including, but not limited to, 5D IT Pty Ltd (ACN: 673 147 352) and future companies) and their related bodies corporate and affiliates (“ComplianceCrest Group“). To the extent that general advice is provided on this Website, it is provided by the relevant company based on the circumstances and context in which the advice is given on this Website.


1.2 Your access to and use of this Website is subject to these terms and conditions, our Privacy Policy, notices, disclaimers and any other terms and conditions or other statements contained on this Website, and, if you use any of the services identified on this Website for which additional or alternative terms and conditions are referred to, those additional terms and conditions for those other services (referred to collectively as “Terms of Use“). By accessing, viewing or otherwise using this Website, you agree to be subject to these Terms of Use.


1.3 ComplianceCrest may, at its sole discretion, vary or modify these Terms of Use without notice. Any subsequent access to or use by you of this Website will constitute an acceptance of those modifications.


1.4 You agree that where ComplianceCrest or any other company in the ComplianceCrest Group desires to provide you with a document/s, you consent to the provision of that document electronically  through the links on this Website and by any other electronic means including, but not limited to, email or electronic signing (“Electronic Communication”). We suggest that you print a copy of the document, or file it electronically, for future reference. You may withdraw your Electronic Communication consent at any time by contacting us on [email protected].


1.5 If you provide any personal information to us about another Person (other than yourself), you warrant that you have the authority of that Person to share their personal information with us and to authorise us to hold, use and disclose their information in accordance with our Privacy Policy.


Products and services


1.6 ComplianceCrest and other members of the ComplianceCrest Group currently offer products and services named on this Website. To invest or use any products or services, please read and complete the application form attached to or accompanying the relevant link or email. Users should consider their own financial and legal advice in deciding whether to acquire or use the product or service.


Important  disclaimers


1.7 All information contained on this Website is given in good faith and has been derived from sources believed to be accurate. However, the information is selective and neither ComplianceCrest nor any other company in the ComplianceCrest Group have verified the information, which may not be complete or accurate for your purposes. Those companies make no representation or warranty of any kind as to the accuracy or completeness of the information. It is general information only and should not be considered as a comprehensive statement on any matter and should not be relied upon as such.


1.8 Neither ComplianceCrest nor any other company in the ComplianceCrest Group nor any of their directors, employees and associates guarantees the security of this Website, gives any warranty of reliability or accuracy nor accepts any responsibility arising in any other way including by reason of negligence for, errors in, or omissions from, the information on this Website and does not accept any liability for any loss or damage, however caused, directly and indirectly as a result of any person relying on any information on this Website or being unable to access this Website. This disclaimer is subject to any applicable contrary provisions of the Australian Securities and Investments Commission Act and Australian Consumer Law that cannot be excluded or modified as a matter of law. To the extent to which those provisions can be excluded or modified as a matter of law, by using this Website, you agree that those provisions be excluded completely or modified, as the case may be You expressly agree that your use of browsing of this Website is at your own risk. Neither, ComplianceCrest, nor any other party involved in creating, producing or delivering the Website or our content partners are liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of this Website.


Everything on this Website is provided to you “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties or merchantability, fitness for a particular purpose or non-infringement.


While ComplianceCrest uses its reasonable efforts to ensure that any materials or software downloaded from this Website do not include viruses or defects we make no warranties or representations that this Website are free from defects or viruses. ComplianceCrest assumes no responsibility and shall not be liable for any damage caused by any viruses that may infect your computer equipment through your access to, use or, or browsing on this Website or your downloading of any software or materials accessed from the Website.


While we take all reasonable steps to ensure a fast and reliable service, we make no representations or warranties that the Website will be uninterrupted or error free. We assume no responsibility for the security of the Website or for any disruption of this Website, howsoever caused, directly or indirectly, loss or corruption of any material in transit, or loss or corruption of material when downloaded onto any computer systems.


1.9 Should you leave this Website via a link contained within a ComplianceCrest or ComplianceCrest Group Website, and view content that is not provided by ComplianceCrest or a company in the ComplianceCrest Group, including content in relation to the(potential or actual) issue, offer or sale of a financial product:


(a) you do so at your own risk. The content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by ComplianceCrest or a company in the ComplianceCrest Group. Neither ComplianceCrest nor any company in the ComplianceCrest Group is responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or otherwise. Neither ComplianceCrest nor any company in the ComplianceCrest Group makes any guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party;


(b) links to other websites are provided for convenience only and do not represent any endorsement by ComplianceCrest or a company in the ComplianceCrest Group of the products or services offered by the website owner;


(c) you should endeavour to obtain the terms and conditions for the relevant product from the issuer or seller of the product as identified on the website to which you link;


(d) you should consider the terms and conditions or Product Disclosure Statement (if applicable) for the relevant product in deciding whether to acquire, or to continue to hold, the product.


1.10 Any transaction with any party other than ComplianceCrest, or a company in the ComplianceCrest Group, referred to or allowed on this Website does  not represent or give rise to any warranty, representation or other liability of, ComplianceCrest or any other company in the ComplianceCrest Group with respect to  that transaction or the relevant product or service, and are subject to  risks, including defects and possible delays in delivery or loss of income  and capital invested. Other than where the terms of the particular transaction expressly state otherwise, no member of ComplianceCrest or the ComplianceCrest Group  stands behind any such transaction or guarantees the performance of any other  person referred to on this Website.


1.11 In preparing the information contained on this Website, ComplianceCrest has not taken into account your objectives, financial situation or needs. Before undertaking any transaction on the basis of the information contained on this Website, you should consider (with or without the assistance of an adviser) whether the information in or processes of this Website are appropriate to you in light of your particular objectives, financial situation and needs. You should obtain the terms and conditions from the relevant product supplier (including Product Disclosure Statement if applicable) relating to a product referred to on this Website before making any decision  about whether to acquire the product.


1.12 The information on this site is based on current laws and  their interpretation, including taxation laws. The levels and basis of taxation may change. The application of many laws, including taxation laws, depends upon a user’s individual circumstances. You should, therefore, consider seeking professional advice on the legal and taxation implications of investing and should not rely on the information provided, which should be  used as a guide only.


1.13 To the extent permitted by law and without limiting any previous paragraph, ComplianceCrest accepts no liability for any loss or damage (including indirect, special or consequential loss or damage) to any person arising from the use of or reliance upon information contained in or accessed through, or any services contained via or provided by, this Website. If such disclaimer is prohibited by law, ComplianceCrest limits its liability (to the extent permitted by law) to the resupply of such information, access or services.


2. Proprietary Rights


2.1 Copyright in the information contained in this site subsists under the Copyright Act 1968 (Cth) and, through international treaties, the laws of many other countries. Copyright in the information contained on this Website is owned by ComplianceCrest All rights are reserved. You may use this information for your own personal reference only. You may reproduce this information in hard copy solely for your personal use. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no part of this site or publication may be otherwise reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including photocopying, recording, taping or by storage in an information retrieval system) without the specific prior written consent of ComplianceCrest.


2.2 You acknowledge that ComplianceCrest is the owner of all of the  property together with the rights and entitlement to the Website and  including, the trademarks which are registered or under application. Some of those trademarks are used in this Website. You are not permitted to use ComplianceCrest’s trademarks without its prior written consent, unless such use is otherwise permitted by this Website or by law. You acknowledge that ComplianceCrest is entitled to disclose all information and material as provided by you if compelled or otherwise required to do so by law, at the request of a third-party, or if ComplianceCrest in its absolute discretion believes that the disclosure is required in order to, comply with law, requests from law enforcement or any legal process, or to  protect or defend ComplianceCrest’s rights or property.


3. Governing Law


You agree that the Australian Law will govern these Website terms and the Website and products and services provided via the Website. Any dispute arising out of the Website will be subject to the exclusive jurisdiction and venue of the federal and state courts within Australia.

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