About this Website
This website is operated by the Benstead Holdaway Capital Pty Ltd ACN 602 386 541 and its related bodies corporate (referred collectively in these Terms and Conditions as “Benstead Holdaway”). Your use of the information, graphics and materials on this website is governed by these Terms and Conditions of Use (and the Privacy Policy). Please read these terms and conditions of use carefully.
Interpretation
References to “you”, “your” and “yours” are references to the person(s) accessing the Site.
References to “we”, “us” and “our” or “Benstead Holdaway” are references to Benstead Holdaway Holdings Pty Ltd and each of its subsidiary and related companies.
Acknowledgement and Acceptance of Terms
By using this Site you acknowledge that you have read and understood these Terms and agree to be bound by them.
The information and other material on this Site (including these Terms) may be varied or modified at any time without notice. Your continued access to or use of this Site following such changes constitutes acceptance of them (including any amended Terms).
Warning – General Advice
The information on this Site is general information only. Information in relation to any property funds, syndicates or schemes is issued by Benstead Holdaway Capital Pty Ltd ACN 602 386 541 (AFSL 469 885).
This general information has been prepared without taking into account your investment objectives, financial situation or needs. Before acting on this information you should consider the appropriateness of the information for your particular investment objectives and financial situation and seek advice from a financial adviser.
You should obtain an Information Memorandum (“IM”) or other disclosure document in relation to any product you are interested in and consider that document before making any decision on whether to acquire or to continue to hold any product.
Unless expressly stated otherwise this information does not constitute an offer or inducement to enter a legally binding contract and does not form part of the terms and conditions for our products and services.
Applications for investment can only be made on the application form attached to a copy of the current IM or by using the online application form. A copy of the current IM can be obtained free of charge on our web site or by calling us on the detailed provided in this Site.
All applications for credit are subject to our normal credit approval criteria.
The products and services described in this Site are available to Australian residents. These products and services may also be available to investors from New Zealand, Singapore and any other jurisdiction where the offer may be lawfully made. Further information can be located in the relevant IM.
Accuracy and Reliability of Information
While we have taken reasonable care in producing the information on this Site, Benstead Holdaway and its directors, officers or employees does not give any representation or warranty of any kind in relation to the accuracy, reliability or completeness of the information now or in the future. Benstead Holdaway accepts no responsibility for any errors or omissions from the information on this Site or for any action taken in reliance on it.
Past Performance
Where past performance has been given for any property fund, investors should consider any future investment on the basis of the information available in the relevant IM and pay particular attention to the risks of investment. Past performance is not indicative of future performance.
Limitation of Liability
Subject to any terms implied by law that cannot be excluded, Benstead Holdaway and its directors, officers, employees and contractors exclude all liability to you for any loss, damage, cost or expense howsoever arising from your use of or inability to access this Site, or from reliance on information contained in or accessed from this Site.
We do not warrant or guarantee that this Site is secure, free from viruses or that access will be uninterrupted.
Liability of Benstead Holdaway for any breach of a condition or warranty that cannot be excluded is limited, at our option to the supply of the product or service again, or the payment of the cost of having the products or services supplied again.
Links to Other Sites
Where we provide a link to another site it is for convenience only. Except where specifically indicated, we do not endorse or approve the content of such sites. We provide no warranty regarding the content of any third party site and will not be responsible for any loss, damage, cost or expense relating to your use of or access to a third party site via this Site.
Copyright
Copyright in the information and materials on this Site, the design, text, graphics, images, software and layout is owned or licensed by us. All rights are reserved.
You may imprint, copy, download or temporarily store extracts from our Site for your personal use or when you use our products and services. You may not use this Site to sell a product or to increase traffic to your website for commercial reasons.
Except as permitted by the Copyright Act 1968 (Cth) or other applicable laws, you must not reproduce, adapt, upload, download, link to, frame, modify, distribute, sell, publish or transmit in any form or by any process any of the material on this website, except with our prior written consent.
Trademarks
This website also contains a number of trademarks, logos and symbols which are either owned by us or used with the permission of their owners. You may not use these trade marks, logos or symbols or the names of any of our related companies without our prior written consent.
Governing Law
These Terms are governed by and are to be construed according to the laws applicable in the Queensland, Australia. You agree to the non-exclusive jurisdiction of those courts in respect of any proceedings in connection with these Terms or this Site. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity and enforceability will not affect the remainder of the Terms which will continue in full force and effect.
