Legal
Disclaimer & Terms
By accessing or viewing the contents of, or using, this website and related services, you as a user of this website agree to all of the following Terms and Conditions and ourPrivacy Policy, without limitation or qualification ('Terms'). You should review our Privacy Policy and these Terms carefully, and immediately cease using the website if you do not agree to them.
For the purposes of these Terms, unless an intention to the contrary is expressed, the term 'Royal Oak' includes Royal Oak Capital Pty Ltd (ABN 37 655 254 756), its affiliates and its Related Bodies Corporate (as that term is defined in the Corporations Act 2001 (Cth)) (together, 'Royal Oak'), all of which are represented in the domain name www.royaloakcapital.com.au ('Website'). In these Terms, 'us', 'we' and 'our' means Royal Oak.
Eligibility and no offer
Royal Oak Capital considers capital from institutions, family offices and wholesale or sophisticated investors only. Offers of interests in Royal Oak trusts are made only towholesale, sophisticated or professional investors within the meaning of sections 708 and 761G of the Corporations Act 2001 (Cth), by Information Memorandum. Nothing on this Website constitutes an offer of a financial product to retail investors, and information on this Website is not directed at any person in any jurisdiction where its publication or availability would be contrary to law.
An investment in any Royal Oak trust is illiquid, is not a bank deposit, and places capital at risk. Past performance is not indicative of future performance; target returns are objectives only and are not guaranteed.
Use of this website
- The Website may contain general information about our products and services. Unless expressly stated otherwise, the Website does not: constitute an offer or inducement to enter into a legally binding contract; form part of the terms and conditions for our products and services; purport to provide you with personal financial, investment or legal advice of any kind; or take account of your particular financial position or requirements.
- The Website may include information about certain properties and their characteristics (including size, location and value). Such statements may not reflect the current or latest information in relation to those properties. Images and diagrams on this Website are intended as a visual aid only and do not necessarily accurately depict the object described.
- You should not act on the basis of any information accessed at or through this Website without obtaining and considering appropriate professional advice specific to your own circumstances.
- Before making a decision in relation to any Royal Oak product, you should obtain and consider the appropriate information provided to you, including the relevant Information Memorandum.
- Royal Oak is not liable to you or anyone else if interference with, or damage to, your computer, software or data occurs in connection with the use of this Website or a linked website.
- Royal Oak makes no representations as to the availability of the Website or of any websites linked from or to the Website.
Disclaimer of liability
- To the maximum extent permissible by law, Royal Oak excludes all liability, including for negligence, to you or any person in respect of anything and the consequences of anything done or omitted to be done by you or any person in whole or partial reliance on all or any part of the information accessed at or through this Website.
- Royal Oak makes no representations or warranties of any kind, either express or implied, including (without limitation) warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.
- Whilst all reasonable care has been taken in providing this information, Royal Oak does not warrant the accuracy or completeness of information accessed at or through this Website, and does not accept any responsibility for any action taken in reliance thereon by any party who views the contents of or uses this Website.
- Royal Oak may make changes to the materials on this Website (including these Terms) at any time without notice. The materials on this Website may be out of date, and Royal Oak makes no commitment to update them. You should monitor any changes to the information contained on the Website.
- Nothing in these Terms excludes, restricts or modifies the application of the provisions of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that statute or cause any part of these Terms to be void.
Collection of information
- You authorise Royal Oak to collect and access your information from time to time for the purpose of providing our services to you, and to ensure that Royal Oak is able to provide a secure way of conducting its business and the Website. These responsibilities extend, amongst other things, to fraud, money-laundering and other crime prevention, careful credit assessment and validation of the identity of all users of Royal Oak in accordance with Australian laws.
- View our Privacy Policy.
- By providing your personal information to Royal Oak, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
User accounts
- Where we provide access to investor systems (including any third-party investor portal), access may require satisfaction of verification checks and acceptance by us, and the use of a username and password ('Access Codes').
- As long as your correct Access Codes are entered, we will assume that you are the person accessing your account unless you notify us otherwise in accordance with these Terms. You must keep your Access Codes secret and secure, and you are responsible and liable for any access, use, misuse or disclosure of your Access Codes or your account by any person you authorise.
- You must notify us immediately if you discover or suspect that the security of your Access Codes may have been breached. If we receive such a notification, or determine ourselves that the security of your Access Codes may have been breached, we may suspend access until measures have been taken to verify your identity.
- You undertake not to use, or attempt to use, another person's account without authorisation from us, or to create a false identity.
Unacceptable activity
- You must not do any act that we would deem to be inappropriate, that is unlawful, or that is prohibited by any laws applicable to our Website, including but not limited to: any act that would constitute a breach of the privacy or other legal rights of individuals (including uploading private or personal information without an individual's consent); using the Website to defame Royal Oak, its employees or other individuals; uploading files that contain viruses that may cause damage to Royal Oak's property or the property of other individuals; or posting or transmitting to the Website any non-authorised material, including material that is, in Royal Oak's opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening or otherwise unlawful, or which is detrimental to or in violation of our systems or a third party's systems or network security.
- If Royal Oak allows you to post information to the Website, Royal Oak has the right to take that information down at its sole discretion and without notice.
Termination and assignment
- We may terminate your account and Website access for any reason at any time, with or without notice. Upon termination, your access to the Website will cease and we will have no obligation to store or provide you with access to any information relating to your activity on the Website.
- You may not assign any part of these Terms without our written consent, but we may assign these Terms to any associated companies or affiliates without notice to you.
Links to third-party websites
Any links to third-party websites on this Website are provided solely as a convenience to you, and such links are not in any way an association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked website or its content, unless an intention to the contrary is expressed. Should you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.
Viruses
Royal Oak does not guarantee or warrant that any files available for downloading through this Website (or any linked websites) will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are entirely responsible for implementing sufficient programs, practices and procedures to satisfy your particular requirements for technological functionality, the accuracy of data input and output, and for maintaining an appropriate means for the recovery of any lost data.
Applicable law
- These Terms are governed by and construed in accordance with the laws of the State of Western Australia, Australia ('WA'), without giving effect to any principles of conflicts of law. Any legal proceedings arising out of or in connection with the use of this Website must be commenced in the appropriate court in Western Australia.
- If you view the contents of or use this Website from locations outside of WA, you are solely responsible for compliance with the laws of the jurisdiction in which you view or use it.
- If any provision of these Terms is unlawful, void or for any reason unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.
Changes to these terms
These Terms may be revised at any time by updating this notice, effective as at the date of the update. Your continued use of this Website after any changes to this notice will be considered acceptance of those changes.
Royal Oak Asset Management Pty Ltd (CAR No. 1297058) and Alex Gismondi (AR No. 1297050) are authorised representatives of Wholesale Securities Pty Ltd (ABN 89 601 790 470, AFSL No. 466877).