The information on this Website is provided for use only by persons that qualify as “wholesale clients”, within the meaning of the Corporations Act; it is not provided to retail clients. Persons that qualify as “wholesale clients” include trustees of public offer superannuation funds, Australia financial services licensees, listed entities, persons investing at least $500,000.00 and individuals who have provided a qualified accountants certificate confirming that the individual has net assets of at least $2.5 million or gross income of at least $250,000.00 for each of the past 2 financial years. In accessing, browsing or otherwise using this website, you warrant and represent that you are a wholesale client.
These Terms may be varied at any time. Please refer to this page from time to time to review any additional information or variations. Any variation to these Terms will be effective immediately upon notification on this Website and your continued use of this Website constitutes your acceptance of the Terms as varied.
These Terms are governed by the law in force in New South Wales, Australia (Law). By using this Website, you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia, and any court that may hear appeals from any of those courts.
2. Responsible Entity
This Website is owned and operated by amicaa Investments Pty Limited (ACN 637 638 530), AFS Licence Number 520 270.
The material contained on this Website provides information on amicaa’s activities as an investment manager and the funds which amicaa currently provides investment management and/or advisory services.
Throughout this Website and these Terms, the terms ‘amicaa’, ‘we’, ‘us’ and ‘our’ refer to amicaa Investments Pty Limited (ACN 637 638 530, AFS Licence Number 520 270) and its related bodies corporate, including Amicaa Advisors Pty Limited (ACN 637 638 656, AFS Licence Number 520 271).
3. Access and Use
You must only use this Website in accordance with these Terms and any applicable laws.
We may, in our sole discretion, prevent you from accessing this Website, in whole or in any part, if we believe you have violated or acted inconsistently with these Terms or the Law.
We reserve the right, at our sole discretion, to contact any authority or other relevant party and disclose any information (including personal information), or take legal action regarding your use of this Website.
If we fail at any time to insist upon strict performance of any of your obligations under the Terms, or if we fail to exercise any rights or remedies to which we are entitled under these Terms or the Law, this does not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
4. Disclaimers and Liability
The purpose of this Website is not to offer, solicit, recommend or provide advice in respect of the subscription or purchase of any securities, investments or financial products.
This information and any other material provided on this Website (Content) is general in nature only and does not constitute investment advice. It does not take into account your investment objectives, financial situation or needs. Therefore, before making any decisions in connection with amicaa’s financial products, you should seek independent financial, legal and tax advice and consider your individual objectives, financial situation and needs.
We do not guarantee the performance of any of our funds, the return of an investor’s capital nor any specific rate of return.
Past performance of our funds is not a reliable indicator of future performance.
5. Third Parties
This Website may contain links to third party websites and/or external content (Linked Content). These links have been made available solely for your convenience. We are not responsible for any of the content or accuracy or any Linked Content, and the opinions expressed in the Linked Content should not be taken as recommendations or opinions of amicaa.
The inclusion of links to and from any other website or external content in no way constitutes an endorsement of the Linked Content, the actions or policies of that third party website or host of the external content.
If you access or use any content on the linked websites, you do so entirely at your own risk.
6. Intellectual Property
All Content on this Website is owned by or licenced to us including without limitation any text, photographs, HTML Code, software, graphics, logos, data, trade marks, copyright works, PDF files, artwork and the visual arrangement of such Content available on this Website. We reserve all rights to enforce our intellectual property rights in relation to the Content to the maximum extent permitted by law.
Unless otherwise expressly permitted by these Terms or the Law, you must not (or attempt to) engage in any activity that is inconsistent with, or adverse to, our rights to the Content, including but not limited to:
(a) use, copy, distribute or transmit (or attempt to) the Content;
(b) reproduce, republish, modify, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on the Content; and/or
(c) reverse engineer, decompile or disassemble any services or software, all or any part of this Website, or the Content.
Provided you keep intact these Terms and all other proprietary notices, we grant you permission to:
(d) download, store and view a copy of the Content on your local device for non-commercial, personal use; and
(e) print hard copies of the Content for non-commercial, personal use.
Nothing contained on this Website should be construed as granting any licence or right to use any intellectual property rights displayed on this Website.
Any communication, information or material you transmit to this Website or to us by electronic mail or otherwise, is non-confidential and will become the property of us. We may use any such communication, information or material for any purpose, including, but not limited to: reproduction, disclosure, transmission, publication, broadcast and posting without further reference or payment to you.
8. Privacy and Security
You are responsible for configuring your information technology, computer programs and platforms in order to access our Site. You should use your own virus protection software.
You must not (or attempt to) engage in any activity that is disruptive or is detrimental to the operation or function of this Website, including, but not limited to:
(a) interfere (or attempt to) or disrupt (or attempt to) our Website or the servers or networks that host our Website;
(b) transmit or distribute (or attempt to) a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(c) use (or attempt to) data mining, robots, screen scraping or similar data gathering and extraction tools on our Website; and
(d) interfere (or attempt to) with security-related or other features of our Website.
9. Suspension and Termination
We reserve the right in our absolute discretion at any time and without notice to remove, amend or vary any or all of the content which appears on this Website. We do not warrant that we will continue to make this Website available generally or at all.
10. Liability and Indemnity
To the fullest extent possible at Law, we exclude all liability (whether arising in contract, or tort, or negligence or otherwise) to you and anyone else for any loss, damage, cost or expense (whether direct or indirect) arising out of or in connection in any way to this Website including, but not limited to, that which you might suffer as a result of:
(a) errors, mistakes or inaccuracies on this Website and/or Linked Content;
(b) you acting or not acting, on any information contained on or referred to on this Website and/or Linked Content;
(c) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
(d) third party interception of any data or information transmitted by you to or from this Website;
(e) any interruption or cessation of transmission to or from this Website;
(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
(g) the quality of any product or service of any Linked Content.
We give no warranty, guarantee or representation (whether express or implied):
(h) as to the accuracy, reliability or completeness of the Content or the Linked Content, and accept no responsibility for updating or correcting any part of the Content or Linked Content, to the maximum extent permitted by Law; and
(i) that the Content or that the Linked Content, will be available at all times and without disruption.
Nothing in these Terms excludes any conditions, warranties, guarantees or representations that cannot be excluded at Law. If any condition, warranty, guarantee or representation cannot be excluded at Law, our liability for breach of such condition, warranty, guarantee or representation is limited to the maximum extent permitted by Law.
You agree to accept sole responsibility for the legality of your actions under the Law and any other local laws that may apply to you. You agree that we and our related bodies corporate have no responsibility for the legality of your actions.
You will at all times indemnify us and our respective directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with, or in respect of your conduct or breach of these Terms.
If all or any part of a provision of these Terms is invalid or unenforceable, that part or provision will be severed and will not affect the validity or enforceability of the remaining provisions of these Terms.
12. Contacting Us
If you have any questions or queries in relation to this Website or these Terms, please contact us (our contact details are set out on our Contact page).