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Terms & Conditions

Terms & Conditions

Terms and Conditions
This website (“site”) is brought to you by Arnott Capital Pty Limited. The principal place of business of Arnott Capital Pty Limited is Level 5, 175 Macquarie Street, Sydney, NSW, 2000, Australia, which is also the registered address of the firm.

Arnott Capital Pty Limited (“Arnott Capital”) (ABN 23 086 081 889) is authorised and regulated by the Australian Securities & Investments Commission (“ASIC”) with the Australian Financial Services Licence No. 233743 (AFSL) as required by the Corporations Act of 2001 to conduct regulated investment activities in Australia.

The material contained in this site details Arnott Capital’s activities as an investment manager and the funds which Arnott Capital currently provides investment management services to (the “Funds”); the Arnott Opportunities Fund, which is an unregistered Australian unit trust; and the Arnott Opportunities (Cayman) Fund Ltd.

Neither of these funds may be promoted to the general public and may only be promoted to certain categories of investors. With respect to Australian users of the site you may only proceed if you are a Sophisticated or a Wholesale Investor as defined by the Corporations Act 2001(Cth). The site is not to be accessed by retail or otherwise defined persons.

Terms and Conditions of Use
This page explains certain restrictions imposed by law on the distribution of this information and the countries in which our products are authorised for sale. It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction.

The information provided on this site is not, and should not be construed as, principally directed at, or provided for the particular benefit of, residents of the United States of America, Japan or any other jurisdiction.

No offer or advice:
The material set out in the site is provided for general information purposes only and is subject to change without notice. Nothing on the site should be construed as a solicitation, offer or invitation, or recommendation, to acquire or dispose of any investment or to engage in any other transaction. Although the site may include investment-related information, nothing on the site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. We do not give any advice or make any representations through the site as to whether any security or investment is suitable to you or will be profitable. An offer or solicitation with respect to the Fund, if made, will be made only through the relevant Information Memorandum (“IM”) or Offering Memorandum (“OM”) to be issued by Arnott Capital. For a copy of either the IM or OM, please contact investor relations through the investor inbox (insert link). Nothing contained on any part of the site constitutes investment, legal, tax or other advice nor is it to be relied upon in making an investment or other decision. You should obtain relevant and specific professional advice and check the accuracy of all relevant information before making any investment decision. The information and opinions contained on the site are provided without any express or implied warranty.

Investment performance information and accuracy of information:
The site contains material about the past performance of the Funds. The value of an investment in a Fund may go up as well down so that an investor’s investment in a Fund, when redeemed, may be more or less than the original investment amount. By its nature, investment in a Fund managed by Arnott Capital is only suitable for sophisticated investors who do not require immediate liquidity for their investment, for whom an investment in a Fund does not constitute a complete investment program and who fully understand and are willing to assume the high risk involved in the investment program of a Fund. All investments are subject to risk. The significant risks associated with the Funds are described in the relevant IM or OM. These risks include, but not limited to, counterparty, liquidity, concentration, operational, fund, market as well as construction and development. For more information on the risks associated with an investment in the Fund, please refer to Section 6 of the IM or page 22 of the OM. While Arnott Capital makes reasonable efforts to obtain information from sources that it believes to be reliable, Arnott Capital makes no representation, undertaking or warranty that the information or opinions contained in the site are accurate, reliable or complete. Dated content available on the site, including, without limitation, any information, data, tools, products, services and other content available on or through the site speaks only as of the date indicated. THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.

Prohibited Visitors:
Access to this site and any information on the site (including without limitation information relating to any Fund) is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) it is prohibited to access the site or direct such information for any reason. If you are a person in a jurisdiction in which such prohibitions apply you must not access this site.

Warranties and Limitations of Liability:
THE SITE IS PROVIDED “AS IS” AND YOUR ACCESS AND USE OF IT IS AT YOUR OWN RISK. To the extent permitted by law and unless otherwise specifically set out in this Agreement, we make no warranties, representations or undertakings in respect thereof and all warranties representations, undertakings, or other terms or any kind, whether express or implied by statute, custom or usage (including without limitation, warranties as to satisfactory quality, fitness for purpose or skill and care) relating to the site and the information contained in or omitted from the site are excluded. Specifically, but without limitation, we do not warrant that:
(a) you will be able to use the site, or that it will continue to be made available in its current or any other form at the current domain name or at any other domain name; and
(b) the site or any software, information or material of whatsoever nature available on or downloaded from the site will be free from errors, faults, viruses, other computer or-data corrupting or data-damaging material or defects, compatible with your equipment or fit for any purpose. It is your responsibility to use suitable anti-virus software on any software or other information or material that you may download from the site and to ensure the compatibility of such software or material with your equipment.
We cannot guarantee that any information displayed on the site has not been changed or modified through malicious attacks or “hacking”. Whilst Arnott Capital has taken reasonable care to ensure the information contained in this site is accurate, neither Arnott Capital (nor any of its affiliates, agents or licensors) give any guarantee or make any representation, undertaking or warranty as to the accuracy, reliability or completeness of any material, document or information, news or opinions contained on or provided in connection with the site. Arnott Capital is not responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the site. You are responsible for the security of any data which you transfer to or from the site.

To the fullest extent permitted by law, Arnott Capital (and its affiliates, agents or licensors) excludes all liability whether in contract, tort, negligence, misrepresentation or otherwise for any direct or indirect loss or damage caused, directly or indirectly, by your use of the site or the information contained on the site or provided to you pursuant to your use of the site.