Terms of Use
Fife Capital Group Pty Limited (ABN 24 143 697 572) (“Fife Capital“) operates this website under the domain name www.fifecapital.com (“Website”).
The term “you” or “your” refers to the user or viewer of our Website.
By proceeding with your access, use or interaction with the Website you agree to accept the Terms of Use and Fife Capital agrees to grant you a non-exclusive, non-transferable licence to use this Website in accordance with these Terms of Use.
If you do not agree to all of the Terms of Use, do not access or otherwise use the Website or any information contained on this Website. The Terms of Use may be revised periodically at any time without notice to you. It is your responsibility to frequently and carefully review the current Terms of Use which govern your continued use of this Website. As a condition of your use of this Website, you warrant that you will not use this Website for any purpose that is unlawful or prohibited by these Terms of Use.
1. Privacy
The Privacy Policy of Fife Capital applies to use of this Website, and its terms are made a part of these Terms of Use by this reference. Additionally, by using this Website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to this Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
2. Intellectual Property
The design of this Website and its content are the property of Fife Capital and are protected by copyright and other intellectual property laws (“Content”). You must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without the prior written consent of Fife Capital. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.
The display of any trade names, trademarks, service marks, logos, or domain names on this Website does not imply that a license of any kind has been granted with respect to such trade names, trademarks, service marks, logos, or domain names. Any unauthorised downloading, re-transmission or other copying or modification of trade names, trademarks, service marks, logos or domain names may be a violation of trademark laws and could subject you to legal action.
3. Security
You should be aware that the Internet is not secure. If you choose to send any electronic communications by means of this Website, you do so at your own risk. Fife Capital does not guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient securely.
4. Disclaimers
Your access to and use of this Website are at your sole risk. you are entirely liable for your activities. Fife Capital does not warrant the accuracy, completeness, timeliness or other characteristics of any content available on or through this Website. This Website and the information on it are provided “as is.” Fife Capital makes no representation or warranty of any kind, express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title non-infringement. any warranties for content, information, data, services, uninterrupted access, or products provided through or in connection with this Website; any warranties concerning the availability, accuracy, usefulness or content of information, or services offered on or through this Website; and any warranties that this Website is free of viruses, worms, trojan horses or other harmful components.
Fife Capital shall not be responsible or liable, directly or indirectly, for any loss or damage caused by use of, or reliance on, or inability to use or access, or delays in, or inaccuracies or errors or defects or omissions in the Website, regardless of the claim as to the nature of the cause of action, even if Fife Capital has been advised of the possibility of such damage or loss.
Fife Capital shall not be liable for any damages suffered in connection with use of this Website, including but not limited to any lost profits, lost savings or any incidental or consequential damages, whether resulting from impaired or lost data, software or computer failure or any other cause, by you or any other third party, even if Fife Capital has been informed of the possibility of such damages. You expressly release Fife Capital and its affiliated entities, from any and all liability or responsibility for any damage caused, directly or indirectly, to you or any third party as a result of this Website, its content including anything downloaded or accessed. Fife Capital does not represent or warrant that this Website will be available for access all the time or at any time on a continuous, uninterrupted basis, and is not responsible for any inconvenience or other loss that you may suffer as a result. Fife Capital is not responsible for any damage to your computer, hardware, software, or other property resulting in any way from your use of this Website.
5. Non-Solicitation, Licensing and Regulatory
This Website is provided for information purposes only. The information on this Website is not an offer to sell or a solicitation to buy any security. No security is offered or will be sold in any jurisdiction in which such offer or solicitation would be unlawful under the laws of such jurisdiction.
6. Cautionary Note Regarding Forward-Looking Statements
The Website may contain statements regarding the future (“forward-looking statements”) and statements of belief or opinion (“assumptions”). Words such as “believe”, “consider”, “could”, “expect”, “estimate”, “likely”, “may”, ”objective”, “should”, “plan”, “target”, and other similar expressions are intended to identify forward-looking statements or assumptions. Forward-looking statements and assumptions are not guarantees of future performance or outcomes. Forward-looking statements and assumptions involve known and unknown risks, uncertainties and other factors, many of which are beyond the control of Fife Capital and which may cause actual performance and outcomes to differ materially from those expressed or implied by the statements. Before making an investment decision or acting on the information on this Website, you should make your own enquiries and seek your own professional advice as to the application of the information provided to your particular investment needs, objectives and financial circumstances. We undertake no obligation to update any forward-looking statement based upon new information, future events or otherwise.
Nothing in this Website constitutes or is intended to constitute financial advice or investment advice.
7. Limitation of Liability
To the extent permitted by law, Fife Capital and its associated entities, its directors, officers, employees, consultants and associates do not accept any responsibility arising in any way (including by reason of negligence) for errors in, and omissions from, the Content and do not accept any responsibility for any loss or damage, however caused, in connection with or as a result of any person using this web site or relying on any information in this site.
8. Indemnification
You agree to indemnify, hold harmless and keep Fife Capital and its affiliated entities, associates, directors, officers, employees, agents and contractors indemnified fully from any claim, action, demand, loss, costs, damages and expenses (including legal fees) made or incurred by any third party arising out of, or relating to your conduct, your use of this Website, your breach of these Terms of Use, or your breach of any rights of third parties.
9. Remedies for Misuse
You agree that any unauthorised use of this Website or its contents that may cause Fife Capital and its affiliated entities immediate and irreparable harm for which money damages may not constitute an adequate remedy. You further agree that injunctive relief, in addition to any other remedies available, may be warranted in order to enforce these Terms of Use. You further understand that unauthorised use of this Website may expose you to civil and criminal liability and that we may report violations of these Terms of Use to and cooperate fully with the appropriate law enforcement authorities concerning any alleged or actual violations.
10. Interpretation
If any provision of these Terms of Use is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and other provisions shall remain enforceable and in full effect. No failure or delay in enforcing any term, exercising any option or requiring performance shall be a waiver of that or any other right.
11. Links to Third Party Sites
This Website may contain hyperlinks to websites operated by persons or entities other than Fife Capital or its affiliated entities. Such hyperlinks are provided for your reference and convenience only. Please be aware that Fife Capital does not monitor, endorse or accept responsibility for the content on such websites or the operator or operations of such websites. You are solely responsible for determining the extent to which you may use any content at any other websites to which you might link from this Website. You agree not to hold Fife Capital and its affiliated entities responsible for the content or operation at any other websites to which you might link from this Website.
12. Communications
You agree that you will not upload to, distribute, or otherwise publish on the Website any slanderous, obscene, libellous, or defamatory material. You are solely responsible for any content you post to this Website and represent and warrant that such content (a) shall not be fraudulent; (b) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing import/export control, consumer protection, unfair competition, anti-discrimination or false advertising); and (d) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
13. Termination
Your access to this Website may be terminated at any time without notice. All restrictions, disclaimers and limitations of liability imposed by these Terms of Use will survive termination.
14. Applicable Law
These Terms of Use are governed and construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia in all disputes arising out of or relating to the use of this Website.