TERMS & CONDITIONS

Please read the following terms and conditions of use carefully before using www.fundwa.com.au or www.fundwa.au (the Site). This content of this document constitutes the terms and conditions of service and use of the Site. Your use of this Site and the information available on this Site is subject to the following Terms and Conditions:

Ownership

This Site is owned and operated by Fund WA Pty Ltd ACN 652 722 597. The expressions “we”, “us”, and “our” are references to Fund WA Pty Ltd.

Terms and Conditions

All users of this Site agree that access to and use of this site are subject to the following terms and conditions and other applicable laws.

Your access to and use of the Site is conditional upon your acceptance of and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site (known collectively as the “Terms and Conditions”).

Your use of and/or continued access to the Site constitutes your agreement to the Terms and Conditions. If you do not agree to these terms and conditions, please do not use this site.

We may amend the Terms and Conditions at any time by posting the amended Terms and Conditions on the Site. The amended Terms and Conditions will be effective immediately and you will be bound by the amended Terms and Conditions from that time.

This agreement may not be amended otherwise. You should visit this page periodically to review the Terms and Conditions. If you violate any Terms and Conditions, your right to use and access the Site automatically terminates.

Restrictions on Use

The Site is available only for your personal and non-profit use. We have the right to change or discontinue any feature of the Site, including the Material (as defined in clause 6 Copyright below), hours of availability and equipment required for access.

You may download a single copy of the Material, keep a temporary copy in your computer’s cache and, where necessary for reference purposes, make a single hard copy of the Material.

You may not otherwise copy, reproduce, republish, frame, post, upload, distribute, transmit or modify in any way all or any part of the Material contained on this Site unless expressly authorised on the Site, in writing by the Company or by law.

You must not transmit or attempt to transmit any data, code or other material of any kind to this Site which contains a virus or other harmful component.

Trademarks

All names, logos and trademarks are either the Company’s property or the property of third parties who have contributed to the Site.

Nothing on the Site should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without our express written agreement or that of the relevant contributor.

Nothing displayed on the Site should be construed as granting any license or right to use any name, logo or trademark without our express permission, or that of the relevant third-party contributor.

The content of this Site, including all information such as text, graphics, images and other material (Material), is protected by Australian and international copyright law.

You may download a single copy of the Material, keep a temporary copy in your computer’s cache and, where necessary for reference purposes, make a single hard copy of the Material. You may only make such other use of the Material as is expressly authorised on the Site, in writing by the Company or by law.

Disclaimers & Warnings

The material on this Site is intended to provide general information only and is intended only to those who reside in Australia and who qualify as a wholesale client (as defined in section 761G(7) of the Corporations Act 2001 (Cth) (Corporations Act).

The material on this Site is intended solely as a marketing communication. It is not a prospectus, product disclosure statement of disclosure document for the purposes of the Corporations Act and does not contain all the information which would be required to be set out in such a disclosure document. The material on this Site is not required to be and will not be lodged or registered with the Australian Securities and Investment Commission (ASIC) nor has it been authorised by ASIC. No cooling off regime applies to a purchase of interests in the Fund.

The material on this Site has been prepared solely for the purpose of assisting the intended recipient in deciding whether to investigate an investment in the Fund and can only be used for that purpose.

The Site is not a recommendation to purchase interests in the Fund and is not and should not be construed as tax, legal, investment or any other type of advice.

The material on this Site does not take into account the investment objectives, financial situation and needs of any particular person. Prior to subscribing for interests in the Fund a prospective investor should carefully consider the trust deed, subscription agreement and information memorandum (Constituent Documents) for the Fund once they are available and consider whether an investment in the Fund is appropriate in light of their investment objectives, financial situation and need and seek appropriate professional advice.

The Constituent Documents have not yet been prepared and any statement in this document will be superseded by the Constituent Documents. Prospective investors should obtain the Constituent Documents from the Manager prior to investing in the Fund.

To the extent that information on the Site constitutes financial product advice , it is 'general financial product advice' (as defined in the Corporations Act).

The Site may include statements or representations that are based, in part or in full, on reasonable assumptions, models and/or other analysis by the Fund (which may not necessarily be described herein). The information contained on the Site was gathered from various sources which the Fund reasonably believes, but does not guarantee, to be reliable. In addition, the information is in summary form for convenience of presentation, may not be complete, and it should not be relied upon as such.

Any information regarding past performance should not be considered indicative of future performance. Any forecasts are based on reasonable assumptions and are not guaranteed by the Manager, the trustee of the Fund or their affiliates, associates or otherwise.

An acquisition of interests in the Fund should be regarded as speculative and may not be appropriate for all persons or entities. An investment in the Fund involves risks including partial or complete loss of your investment. There is no guarantee of a return from an investment in the Fund by the Manager or its associates, affiliates or otherwise.

Any information including facts, opinions or quotations, may be condensed or summarised and is expressed as of the date of writing. The information may change without notice and the Manager and its officers, agents, employees, advisers, consultants and related bodies corporates are under no obligation to ensure that such updates are brought to your attention.

No Representations

We make no representations about the accuracy, reliability, completeness or timeliness of the Material. The Material may contain inaccuracies or typographical errors. The use of the Site and the Material is at your own risk. Changes are periodically made to the Site and may be made at any time. Changes in circumstances after a document is placed on the Internet may impact on the accuracy of the information. Additionally, materials may be maliciously vandalised. No assurance is given as to the accuracy of any information or advice contained after publication on the Internet.

No Warranties

The Site and Material are provided on an “as is” basis without any warranties of any kind on the part of the Company. We disclaim all warranties to the fullest extent permitted by law.

The Australian Consumer Law contains consumer guarantees in respect of the supply of certain goods and services and prevents the exclusion, restriction and modification of such guarantees (Prescribed Guarantees). Except as provided by the Prescribed Guarantees, all warranties, guarantees and/or conditions express or implied by law in any way relating to access to, or non-access to, the Site or the use of or reliance upon the Site or the Material are excluded.

In addition, we do not warrant that the Site will operate error-free or that the Site and its servers are free of computer viruses and other harmful data, code, components or other material. Nor do we warrant that the Site or its servers will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Site, or will give notice of such use, modification or alteration. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, we are not responsible for those costs.

Internet Service Providers

If you are an internet service and/or access provider, which supplies the Material to your subscriber(s), you must not use the Site in any manner or for any purpose which is unlawful or in any manner which violates any of our rights or which is prohibited by the Terms and Conditions.

Hyperlinks

The Site contains hyperlinks and other pointers to internet Sites operated by third parties (Linked Sites). The Linked Sites are not under our control, and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site. The inclusion of any link does not imply our endorsement of the Linked Site.

You link to any such Linked Site entirely at your own risk. We exercise no control over the quality, safety or legality of any items advertised or sold or statements made through any Linked Sites. It is the responsibility of the Internet user to make their own decisions about the accuracy, reliability and correctness of information found.

Termination

The Terms and Conditions are effective until terminated by us. We may terminate this agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorised to access the Site. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms and Conditions will survive termination.

Governing Law

The Terms and Conditions are governed by and construed in accordance with the laws of Western Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia.

Limitation of Liability

Except as provided by the Prescribed Guarantees, neither we, our suppliers, or any third parties mentioned on the Site shall be liable for any loss or damage whatsoever (including, without limitation, incidental and consequential damages, lost profits or damages) resulting from the use or access to or inability to use and access the Site and the Material.

Waiver

Each user waives and releases the Company, organisations and individuals associated with the Site to the full extent permitted by law from any and all claims relating to the usage of material or information made available through the Site.

In no event shall the Company be liable for any incidental or consequential damages resulting from use of the material. The Company, organisations and individuals associated with the Site do not accept liability for any injury, loss or damage incurred by reliance on the information or advice provided in the Site or incorporated into them by reference.

No guarantee as to security of your information

While the Company takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the internet or while stored on the Company’s systems or on the Site. The Company disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

Miscellaneous

If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions, which will continue in full force and effect. All rights not expressly granted are reserved. The Terms and Conditions set out the entire understanding and agreement between the Company and you with respect to the subject matter.