This website is operated by and for the benefit of Investa Management Pty Ltd (ABN 61 161 354 016) (Investa) and its related and associated entities (including without limitation, Investa Management Holdings Pty Ltd ACN 126 219 903, Indi Management Services Pty Ltd ACN 650 857 266, Investa Listed Funds Management Ltd ACN 149 175 655, Investa Wholesale Funds Management Ltd ACN 149 681 390, Investa Investment Management Pty Ltd ACN 166 899 645, and certain Investa clients) (Investa) under the domain name www.investa.com.au or www.indi.com.au” (Investa Website).
Your use of the information, graphics, text, software and materials (Content) on the Investa Website is governed by these Terms and Conditions. Your use of and continued access to the Investa Website constitutes your agreement to be bound by these Terms and Conditions. These Terms and Conditions may be amended at any time in accordance with section 13 of these Terms and Conditions. Since you are bound by these Terms and Conditions, you should review them periodically. Your continued use of the Investa Website following any change to these Terms and Conditions will be deemed acceptance of those changes.
Investa has a privacy policy which forms part of these Terms and Conditions, available at https://www.investa.com.au/privacy (Privacy Policy). The Privacy Policy sets out the information which Investa may gather about you through your use of the Investa Website and the ways in which Investa will or may use that information. Please review our Privacy Statement before accepting these Terms and Conditions.
Certain sections of the Investa Website may also contain additional terms and conditions (for example, in connection with certain Investa products and services or third party products), which may apply to your specific use of those sections. Please review these wherever they appear. To the extent that there are any inconsistencies between these Terms and Conditions and any additional terms and conditions on the Investa Website, the additional terms and conditions will prevail to the extent of the inconsistency.
Your Content and Communication tools
While using the Investa Website you may be given the opportunity to enter or provide information or content (Your Content).
Your Content may be entered onto the Investa Website through the use of online enquiry forms and similar.
It is a condition of your use of the Investa Website that you ensure Your Content and any information you provide in relation to your use of the Investa Website:
- is not fraudulent;
- does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- does not violate any law, statute or regulation, and does not constitute or encourage conduct that would constitute a criminal offence;
- is not defamatory, libellous, unlawfully threatening or unlawfully harassing;
- is not harmful, threatening, abusive, hateful, obscene, vulgar, pornographic, profane or indecent or otherwise contrary to any law;
- does not in any way impinge on another user's use or enjoyment of the Investa Website; and
- does not contain any computer viruses or other harmful component.
To enable us to lawfully use Your Content, you agree to grant Investa a perpetual, non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright (but no other rights) you have in Your Content, in all media now known or not currently known, with respect to Your Content. You also agree to the extent permitted by law, to waive in Investa’s favour any moral rights or similar rights you may have or may acquire in the future in Your Content.
Investa may from time to time monitor or review the contents of the Investa Website. Investa reserves the right to edit, modify or delete any Content (in whole or part) on the Investa Website, including any Content that it considers to be objectionable in any way or potentially raise a liability for Investa. However, Investa is under no obligation to edit, modify or delete the Content. Investa is not responsible for the Content on the Investa Website to the extent that Investa has not been responsible for the production of that Content. Further, Content on the Investa Website should not be relied upon or treated as any form of investment, financial, real estate or other advice.
Passwords
If any parts of the Investa Website can be accessed only through the use of a password (Authorised Content), this section will apply. In order to access the Authorised Content you must register and be assigned a password which you will be required to enter before accessing the Authorised Content.
Your password is personal to you and not transferable. You must not allow anyone else to use your password.
Where Investa has assigned a password to you, you must not disclose your password to any other person or use your password for any unauthorised purpose. If you lose your password or if it is disclosed, please contact Investa at www.investa.com.au/about-investa/contact.
Links to other websites
The Investa Website may contain links to other websites operated by third parties (Third Party Websites). Investa does not endorse, or approve of the operators of Third Party Websites, or the information, graphics and material on those Third Party Websites (Third Party Material).
Subject to any applicable law which cannot be excluded, Investa makes no warranties or representations:
- regarding the quality, accuracy, merchantability or fitness of purpose of Third Party Material or products or services available through the Third Party Websites;
- that Third Party Material does not infringe the intellectual property rights of any person; or
- that by linking this Investa Website to the Third Party Material, Investa is authorising the reproduction of Third Party Material.
When you follow a link on the Investa Website, material at a Third Party Website may be displayed in your browser framed by material on this Investa Website. This material is also Third Party Material for the purposes of these Terms and Conditions.
All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Website operators. Insofar as such offers and statements are made on the Investa Website, such offers and statements are made by Investa on behalf of the Third Party Website operators. Investa expressly disclaims acting in any other respect on behalf of Third Party Website operators.
Third Party Software
Unless otherwise indicated, software or downloads (including applications) or other products or services which may be available via links from the Investa Website are third party products or services. These products may be subject to a separate licence or other agreement between you and the relevant third party. To the extent permitted by law, Investa accepts no liability in respect of such third party products and Investa provides no warranty and gives no endorsement in respect of such third party products or services or any party connected with them.
System integrity
When using the Investa Website you must not use any device, software or routine to interfere or attempt to interfere with the proper working of the Investa Website or any activity conducted at the Investa Website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
Warranties
While we have made every effort to ensure that content made available by Investa on the Investa Website (Content) is free from error, Investa does not guarantee or warrant the accuracy, adequacy or completeness of Content. All Content is provided on an “as is” basis and without guarantees or warranties of any kind, either express or implied (not including any responsibilities implied by law and which cannot be excluded). All Content is subject to change without notice. Investa does not guarantee that the Investa Website or any Third Party Websites will be free from viruses or defects, or that access to the Investa Website or any Third Party Websites will be uninterrupted.
Limitation of Liability and Indemnity
Subject to any warranties implied by law and which cannot be excluded, Investa, its associates, directors, officers, employees, contractors or agents, are not liable to you for any direct, indirect, special or consequential losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referrable to Content on the Investa Website, to Third Party Material, or to your use or access of the Investa Website whether such liability exists in contract, tort including negligence, statute or otherwise.
Liability of Investa for breach of a condition or warranty implied by law, and which cannot be excluded, is limited to the extent possible at Investa’s option, to:
- the supply of the goods or services again;
- the repair of the goods; or
- the payment of the cost of having the goods or services supplied again or repaired.
You agree to indemnify, hold harmless and keep Investa and its associates, directors, officers, employees, agents and contractors indemnified fully from any claim, action, demand, loss or damages made or incurred by any third party arising out of, or relating to your conduct, Your Content, your breach of provisions of these Terms and Conditions, or your breach of any rights of third parties.
Termination
These Terms and Conditions (and the agreement constituted by your use of the Investa Website) and your access to the Investa Website may be terminated at any time by Investa without notice, including where Investa has reasonable concerns as to the manner in which you are using the Investa Website (including where there are reasonable concerns that you have breached any provision of these Terms and Conditions or you have infringed the rights of any third party). All restrictions, any licences granted by you and all disclaimers and limitations of liability by Investa in these Terms and Conditions will survive termination, however you will no longer be authorised to access the Investa Website.
Copyright and trade marks
Copyright in the Content on this Investa Website is owned or licensed by Investa, unless indicated otherwise. The Content is protected by intellectual property laws.
Except where necessary for viewing the Content on this website or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, no Content on this Investa Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Investa.
“INVESTA”, “INDI” and all associated trade marks, are trade marks of or licensed by Investa.
Jurisdiction
These Terms and Conditions are to be governed by and construed in accordance with the laws of the State of New South Wales, Australia. All users of the Investa Website irrevocably submit to the jurisdiction of the courts of the State of New South Wales, Australia.
General disclaimer
The information provided within Investa Website is for information purposes and general guidance on matters of interest only.
Investa does not give any warranty (express or implied) of reliability, accuracy, currency or completeness of any of the information supplied nor does it accept any responsibility for loss, claim or damage which the recipient or any third party may suffer in any way (including by reason of negligence) as a result of any errors or omissions in the information provided (subject to any liability which cannot be excluded by law).
The information contained within the Investa Website may include certain statements or representations concerning a property, including descriptions, images, plans and layouts. Any such statements or representations must not be relied on as statements or representations of fact and persons must make their own enquiries and satisfy themselves by their own inspection, investigation or otherwise.
The information may also include certain statements, estimates and projections with respect to anticipated future performance or events. Any such statements, estimates and projections are given as opinions only and reflect various assumptions by Investa which may or may not prove to be correct. No representations or warranties are made as to the validity of those assumptions or the accuracy of those statements, estimates or projections.
Acceptance and changes to these Terms and Conditions
You acknowledge and accept that your use of the Investa Website indicates your acceptance of these Terms and Conditions.
These are the current Terms and Conditions. They replace any other Terms and Conditions for the Investa Website published on the Investa Website to date. Investa may at any time vary the Terms and Conditions by publishing the varied Terms and Conditions on the Investa Website. You accept that by doing this, you agree to the Terms and Conditions as varied. If you do not agree to any variation to these Terms and Condtions, you should immediately cease using the Investa Website.
Investa reserves any rights not expressly granted in these Terms and Conditions.
These Terms and Conditions were last updated on July 2022.
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