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Disclaimer, Terms & Conditions

Terms and Conditions

This website is owned and operated by BW Equities Pty Ltd (ABN 66 146 642 462) (Australian Financial Services License No. 389353) (“BW”). References in this website to “we”, “us” and “our” refer to BW.

By using this website you acknowledge that you have read these terms and conditions, together with any other terms and conditions or other statements, notices or disclaimers contained on this website (“Terms and Conditions”). By using this website you agree to be bound by the Terms and Conditions.

Access for wholesale clients only

This website is only for the use of persons who are wholesale clients within the meaning of section 761G of the Corporations Act 2001 (Cth). The products and services described in this website are not available to any person who is a retail client within the meaning of section 761G of the Corporations Act 2001 (Cth).

Jurisdictional issues

This website is directed at persons accessing the website from within Australia. This website is controlled and operated by BW from its office in Victoria, Australia. BW does not make any representation that the use of information on this website is appropriate for use in other locations or that access to the content of the website from other locations is not illegal and prohibited. Persons who choose to use this website from other locations do so on their own initiative and are responsible for establishing the legality, useability and correctness of this website under any or all jurisdictions and the compliance of this website with local laws, if and to the extent local laws are applicable. The information contained on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject BW to any registration or other requirement within such jurisdiction or country.

In particular, the information contained in this website is not for distribution and does not constitute an offer to sell or the solicitation of any offer to buy any securities or services in the United States to or for the benefit of any person in the United States. The Funds managed by BW have not been registered in the United States under the Investment Company Act of 1940 and units in the Funds are not registered in the United States under the Securities Act of 1933.

No investment advice provided to you

This website is not designed for the purpose of providing personal financial product or investment advice. The information contained in this website does not take into account your particular investment objectives, financial situation or investment needs. You should assess whether the information contained in this website is appropriate to your particular investment objectives, financial situation and investment needs. You should do this before making an investment decision. You can either make this assessment yourself or seek the assistance of any adviser.

The information contained in this website is not a recommendation to invest in any investments, securities or financial products offered by BW.

Disclaimer and limitation of liability

To the maximum extent permitted by law, BW will not be liable in any way for any loss or damage suffered by you through use or access to this website, or BW’s failure to provide this website. 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.

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 Condition can be modified at any time by BW in its absolute discretion and you agree to continue to be bound by these Terms and Conditions as modified. We will publish revised Terms and Conditions on this website - we will not separately notify you of these changes. Therefore, you should periodically visit this page to review the current Terms and Conditions.

If the whole or any part of a provision of these Terms and Conditions is 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.