Agree to be Bound
Please read and make sure you understand these terms and conditions ("Terms and Conditions") before using this Website.
This Website is provided by Tidewater Investments Limited (ACN 001 746 710) and its wholly owned subsidiary, Tidewater Asset Management Pty Limited (ACN 103 724 072 AFSL 302802) (collectively, "Tidewater"), and may be used for information and enquiry purposes only. Your use of this Website or its contents signifies your acceptance of and agreement to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions please do not use the Website or download any of its contents.
Disclaimer
Tidewater does not warrant or guarantee the accuracy or completeness of the Website content or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on the Website content or on any opinion, advice, statement, memorandum or information shall be at your own risk. Tidewater reserves the right to correct any errors or omissions in any portion of the Website. Tidewater may make any other changes to the Website, the materials and the products, programs, services or prices (if any) described in the Website at any time without notice.
Under Division 2 Part V of the Trade Practices Act, 1974 ("TPA") and various State and Territory 'Fair Trading Acts' ("FTA"), certain warranties and conditions ("Implied Terms") are implied into contracts for the supply of goods or services if:
(a) the price of the goods or services is $40,000 or less (in the case of the TPA); or
(b) the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption ("PDH Goods or Services") (in the case of the TPA and the FTA).
If the goods or services to which these Terms and Conditions apply are PDH Goods or Services, the operation of the Implied Terms cannot be, and are not in these Terms and Conditions, excluded or limited.
If:
(a) the goods or services to which these Terms and Conditions apply are not PDH Goods or Services; and
(b) the price of those goods or services is $40,000 or less,
Tidewater can, and does, limit its liability for breach of any Implied Term (other than a condition or warranty implied by section 69 of the TPA) to (at Tidewater's option):
(c) in the case of goods, repairing or replacing the goods or paying the cost of having the goods repaired or replaced; and
(d) in the case of services, re-supplying the services or the cost of having the services re-supplied.
Except for the Implied Terms, Tidewater excludes all warranties and conditions implied by statute, at law, in fact or otherwise.
Independent Advice
The information in the Website is of a general nature only. It does not take into account your personal objectives, financial situation or needs. This Website is only provided for information purposes and does not contain investment recommendations nor provide any financial product advice.
Before making any decisions involving financial products or services Tidewater recommends that you seek independent professional advice as to the suitability of the products or services to your particular financial circumstances.
Intellectual Property
You acknowledge and agree that, unless expressly indicated to the contrary, the Website content (including all text, graphics, trade marks, layouts and other materials) is and remains the intellectual property of Tidewater, or, in the case of third party content, the intellectual property of that third party. You may print a copy of any page and may download Website content to the extent required to view it, for personal and non-commercial purposes only. Except for these purposes, or a use permitted by statute or for which Tidewater has given its prior written consent, you must not copy, publish, modify, distribute, sell, link, frame, transmit in any form or by any means, for any purpose, any of the Website content.
You must retain any copyright or other proprietary notices contained in any page printed or content downloaded from this Website. You may not alter the content in any way or reproduce or otherwise use them for any public or commercial purpose. You must not transfer the content to any other person. You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time. This Website is copyrighted and protected by copyright laws. You agree to comply with all copyright laws in your use of this Website and to prevent any unauthorised copying of the content. Except as expressly provided herein, Tidewater does not grant any express or implied intellectual property rights to you.
Limitation of Damages
To the extent allowed by law, you acknowledge and agree that Tidewater and its subsidiaries will have no liability to you (including liability in negligence) in respect of any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of your use of the Website. Similarly, to the extent allowable by law, Tidewater and subsidiaries will have no liability to you or any other entity for any indirect, special or consequential loss (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the Website or any linked website.
Indemnities
You agree to fully indemnify and hold Tidewater harmless against all and any loss, costs, expenses, demands, actions, proceedings or liability incurred or suffered by Tidewater as a result of a breach by you of these Terms and Conditions or any wilful, unlawful or negligent act or omission by you.
Changes
Tidewater reserves the right to change, modify, add or remove any portion of these Terms and Conditions in whole or in part, at any time. Tidewater may give notice of any modification to the Terms and Conditions but it is your responsibility to check for any such modification each time you use the Website. Changes in these Terms and Conditions will be effective immediately and any subsequent use of the Website will constitute your acceptance of those changes.
Tidewater may terminate, change, suspend or discontinue any aspect of the Tidewater Website, including the availability of any features of the Website, at any time. Tidewater may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
Third-Party Websites
As a convenience to you, Tidewater may provide links to Websites operated by other companies or individuals. Tidewater makes no representation or warranty as to the accuracy, quality, currency or any other aspect of the information contained on those linked websites and does not endorse or approve those other websites, their content or the people who run or contribute to them. If you use these websites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses, harmful code, or other destructive elements. Tidewater does not warrant or represent that materials on third party websites do not infringe the intellectual property rights of any person. By linking the Website to other websites or allowing other websites to link to the Website, Tidewater does not authorise infringement of any intellectual property rights contained in materials on such other sites.
Jurisdiction of Law
This Website is administered by Tidewater from its office in Sydney, Australia. Tidewater makes no representation that the Website content is appropriate or available for use at other locations outside Australia and access to them from territories where their contents are illegal is prohibited. These Terms and Conditions of use shall be governed by the laws of the State of New South Wales.
These Terms and Conditions constitute the entire terms and conditions between Tidewater and you with respect to your use of the Website. Any cause of action you may have with respect to your use of the Website must be commenced within the period provided by any applicable statute of limitations. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
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