Terms of Use
This following document sets forth the Terms of Use for the Norfolk Capital Management Pty Ltd (ABN 73 650 327 218) (“Norfolk Capital Management”) website, http://www.norfolkcapital.com.au. “We”, “us” and “our” means Norfolk Capital Management. This document sets out a number of principles concerning the privacy of individuals.
This website is owned and operated by Norfolk Capital Management. All references to Norfolk Capital Management include a reference to any of its related bodies corporate. Please note that references to the funds on this website are to the Norfolk Capital Management Pty Ltd (ABN 73650327218) (T/A Norfolk Capital Management, Norfolk Resources Fund).
Your access to this website is subject to these terms of use, and any other notices, disclaimers, statements and terms and conditions contained on this website (referred to collectively as “Terms of Use”). By using this website you agree to be legally bound by the Terms of Use. You must ensure that your use of this website complies with all applicable laws and regulations. Norfolk Capital Management may change any information on this website, including the Terms of Use, without notice. Your continued access to, or use of, this website means that you agree to and accept the changes made by Norfolk Capital Management.
The information on this website is not an offer or solicitation for the purchase of securities, units or investments.
No Investment Advice
The information on this website has been provided for general information purposes and must not be construed as general or specific investment or professional advice. No direct or implicit recommendations are given in the information on this website. The information on this website has been prepared without taking into account the investment objectives, financial situation or particular needs of any particular person. Investors should consider obtaining professional investment advice tailored to their specific circumstances and should read the relevant offer document relating to a financial product prior to making any investment decisions. Norfolk Capital Management does not provide tax advice and investors should consider obtaining professional accounting advice tailored to their specific circumstance.
Accuracy and Currency of Information
Norfolk Capital Management, its officers, employees, agents, related body corporate and associates believe in good faith that the information and material provided on this website is correct at the time of compilation but do not warrant the accuracy or currency of that information and material, except as required by law. You should carefully check the date of compilation of the information and material (where relevant) to determine its currency. Except for statutory liability which cannot be excluded, Norfolk Capital Management, its officers, employees, agents, related body corporate and associates disclaim all responsibility for any loss or damage which any person may suffer from reliance on the information and material on this website or any opinion, conclusion or recommendation in the information and material whether the loss or damage is caused by any fault or negligence on the part of Norfolk Capital Management (including its officers, employees, agents, related body corporate and associates) or otherwise.
Performance and Returns
All performance figures contained on this website are sourced from internal and other sources as appropriate. Past performance is not a reliable indicator of future performance. The value of investments and the income from them may go down as well as up and are not guaranteed.
Investing
Investments in any fund detailed on this website may only be made in accordance with its applicable Product Disclosure Statement (‘PDS’). Investors should consider obtaining professional investment advice tailored to their specific circumstances and should read the relevant PDS prior to making any investment decisions. Each PDS is available on this website or can be obtained by emailing Norfolk Capital Management at: [email protected].
The PDSs on this website have been prepared under Australian law. The PDSs do not directly or indirectly amount to an offer in any jurisdiction other than Australia or any other jurisdiction in which an offer may be legally made, as expressly set out in a PDS.
Copyright
Except where necessary for viewing the documents or information on this website, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no documents or information on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed, stored, published, displayed or transmitted in any form by any process and you may not create derivative works from any part of this website or commercialise any information obtained from any part of this website without the specific written consent of Norfolk Capital Management or, in the case of third party material, from the owner of the copyright in that material.
Loss or Damage to Your Systems
Norfolk Capital Management will not be liable for any loss or damage from any cause to your system or website, or to people linking to this material from your website, caused by or in connection with the use or link to this material. Any such loss or damage will be your responsibility. Norfolk Capital Management advises you to take your own precautions in relation to protecting your system or website from malfunction or viruses.
Third Party Websites Accessible from this Website
When you use a link to go from this website to another website, none of these links comprise or imply support or recommendation of any other company, product or service by Norfolk Capital Management. Norfolk Capital Management does not control and is not responsible for the information on any other website found through this website. Linking to and framing of this website is not permitted without Norfolk Capital Management’s express written consent.
Privacy
Norfolk Capital Management collects, holds, uses, discloses and protects your personal information in accordance with its privacy policies. Please click on the link to access the applicable privacy policy: [WEBSITE LINK]
Disclaimer, Limitation of Liability and Indemnity
To the maximum extent permitted by law, Norfolk Capital Management will not be liable in any way for any loss or damage suffered by you through the use or access to this website, or Norfolk Capital Management’s failure to provide this website. Norfolk Capital Management’s liability for negligence, breach of contract or contravention of any law as a result of its 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 Norfolk Capital Management’s 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.
Where a claim is brought against Norfolk Capital Management by a third party in relation to your use of this website, you agree to fully reimburse Norfolk Capital Management for all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by Norfolk Capital Management or its related body corporate as a consequence of improper use of this website. Neither party should be liable to the other for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control including without limitation any power failure.
Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use. Upon termination, your right to use the website will cease immediately.
Data Providers – Terms of Use
All information provided by a data provider is owned by or licensed to the data providers and its affiliates and any user is permitted to use such data provider’s information only for one’s personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any data providers information in any format to anyone, and no user shall use any data provider’s information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.