Terms of Use

Kestrel Capital Pty Limited (ABN 68 061 515 062) (Kestrel) operates this website, www.kestrelcapital.com.au. By accessing, viewing or downloading information from this website, you agree to be bound by these terms and conditions.

Privacy

The privacy of your personal information is important to us. Any personal information collected from this site will be handled in accordance with our Privacy Policy.

Information and Accuracy

The information on this website is only intended for Australian residents.

The website's purpose is only to provide information and does not purport to give investment advice. We strongly suggest that investors consult a financial adviser prior to making any investment decision.

The website does not take into account the investment objectives, financial situation or particular needs of any person and should not be used as the basis for making investment, financial or other decisions. The information is selective and may not be complete or accurate for your particular purposes and should not be construed as a recommendation to invest in any particular investment or security, offered by Kestrel.

The information provided on the website is given in good faith and is believed to be accurate at the time of compilation. Neither Kestrel nor its director or employees make any representation or warranty as to the accuracy, reliability, timeliness or completeness of the information. To the extent permissible by law, Kestrel and its directors and employees disclaim all liability (whether arising in contract, tort, negligence or otherwise) for any error, omission, loss or damage (whether direct, indirect, consequential or otherwise).

Performance figures quoted on the website are past performance. Past performance is not an indicator of future performance. Neither Kestrel nor its directors or employees guarantee or make any representation as to the performance of the Company, the maintenance or repayment of capital, the price at which shares may trade or any particular rate of return.

Legal

The information on this website is not directed at any person in any jurisdiction where publication or availability of the information is prohibited or restricted by law (such as retail clients within the meaning of section 761G of the Corporations Act 2001 (Cth) (Corporations Act)) and should only be accessed by wholesale clients or professional investors as described below. Persons to whom these restrictions apply are prohibited from accessing the website and its contents. Those who come into possession of this website are required to inform themselves of and comply with any applicable regulatory restrictions. This website does not constitute an offer or solicitation in any jurisdiction where such an offer or solicitation is not permitted or to any person to whom such an offer or solicitation is unlawful.

This website is not intended to provide a comprehensive description of all terms and conditions applicable to the products, services, and/or funds described. An investment may only be made in accordance with the offer document and supplement (if applicable) for the relevant fund, and will be subject to the terms and conditions contained therein.

Wholesale Investors

The Corporations Act differentiates between "retail clients" and "wholesale clients" for the purposes of Chapter 7's licencing and disclosure provisions for financial services. According to subsection 761G(4) of the Corporations Act, a financial product or financial service is provided to or acquired by a wholesale client if it is not provided to or acquired by the wholesale client as a retail client.

The provision of a financial product or service to a retail client is governed by subsection 761G (1) of the Corporations Act, unless subsections 761G (5), (6), (7) or 761GA provide otherwise.

An entity is a "wholesale investor" if:

The price for providing the financial product or the value of the financial product to which the financial service relates is equal to or greater than $500,000; or
The financial product or service is provided for use with a business that does not qualify as a "small business" (761G(12)); or
The financial product or service is not provided for use in a business, and the person acquiring the financial product or service provides a certificate from a qualified accountant obtained within the previous 2 years (761G(7)(c) as amended by the regulations) stating that he or she:
- Has nett assets of at least $2.5 million (); or
- Has a gross income for each of the past 2 financial years of at least $250,000; or
Is a "professional investor" or "sophisticated investor" (761G(7) 761GA).

Companies or trusts will be wholesale clients if they are controlled by persons who are wholesale clients (761G(7)(CA).

Professional investors are those with sufficient experience, knowledge, and expertise to make their own investment decisions and assess the associated risks, such as financial services firms, AFSL licensees and institutional investors.

All content included on this site is protected by copyright laws. You may only use this material for your own personal reference. You must not otherwise use, reproduce, publish, modify, distribute, link, frame, transmit in any form or by any means, electronic or mechanical, for any purpose, any of the material on this website, except with the prior written permission of Kestrel.

Trademarks used on this website are the property of Kestrel or third parties with which Kestrel has an association. You must not use a trade mark used on this website without the prior written consent of the owner of that trade mark.

Submitted Material

You acknowledge and agree that if you contribute Content to the website, that Content will become our property, and you hereby assign to us all rights, titles, and interests in and to your contributions. We reserve the right to remove any Content from the website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we believe you may have violated the preceding sentence), or for no reason at all.

We will consider non-confidential any comments or materials sent to us through the website, including feedback data, queries, comments, and suggestions (collectively Feedback). We are under no obligation with regard to such Feedback and are free to reproduce, use, disclose, exhibit, display, transform, create derivative works, and distribute it without restriction. In addition, we are free to use any ideas, concepts, know-how, or methodologies contained in such Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services that incorporate such Feedback.

Indemnity

You agree to indemnify and hold us (and our related entities, directors, officers, employees, agents, and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct (including transmitting any defamatory, derogatory, or offensive statements or material to any person), your use of the website, your breach of these Terms of Service, or your breach of any rights of third parties.

Links to Third-Party Websites

This website may contain hyperlinks and other pointers to websites operated by third parties. These linked websites are not under the control of Kestrel and is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Any trademarks, logos or links to third-party websites are the property of their respective owners. Users of this website must not use a trade mark or logo of a third party accessed via this website or via a hyperlink and other pointers from this website without the prior written consent of their respective owners. Kestrel does not receive a fee or any commission from any third party. Kestrel provides these hyperlinks as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website. You agree to access any such third-party website entirely at your own risk.

Disclaimer - No Warranty

This website contains only general information. Nothing on this website constitutes or shall be construed as financial, legal, tax, or other advice of any kind, a securities recommendation, or a statement of opinion intended to influence a person or persons in making an investment decision. It was created without consideration of any individual's objectives, financial situation, or requirements. You should form your own opinion and seek independent professional advice before taking any action based on the content of this website that is relevant to your specific circumstances and investment objectives, as well as its legal, regulatory, tax, and investment consequences and risks. We, our affiliates, and anyone else named on this website assume no liability for the results of anyone's reliance on the information contained on this website, regardless of the purpose.

Previous performance does not predict future performance. We offer no guarantee or assurance that our investment capabilities will achieve any target, objective, or return on investment. The mention of a specific investment strategy or shares of a specific company is not a recommendation to purchase, trade, or hold that financial product.

This website and its Content are provided "as is" and "as available." Although we believe the information on this website to be based on reputable sources, we cannot guarantee its accuracy, and those who rely on it do so at their own peril. Any opinions or forecasts reflect our judgement and assumptions based on information available at the time of publication and are subject to change without further notice. Any projections are estimates only and may not be realised in the future.

This website and its server are not warranted to be free of viruses or other corrupted materials or to be compatible with the hardware and software you are using to access this website. You are responsible for the total cost of any necessary maintenance, repairs, or adjustments. We do not warrant or make any representations regarding the use or results of the Content or this website in terms of their veracity, accuracy, reliability, or otherwise. Some jurisdictions prohibit the exclusion of implied warranties, so you may not be subject to the above exclusions.

We reserve the right to alter the Content without prior notice. We reserve the right to make enhancements or modifications to the products or programmes described in the Content at any time and without notice. For example, alterations in circumstances after the date of publication may impact upon the accuracy of the Content.

The Content may comprise general product and service-related information. Unless expressly stated otherwise, the Content does not: constitute an offer or inducement to enter into a legally binding contract; form part of the terms and conditions for our products and services; purport to provide you with any type of personal financial or investment advice; or take into account your specific financial circumstances or needs.

The website may contain information regarding commodity prices. The information provided on the website regarding stock prices does not reflect the current or "real time" price of the stock. Images and diagrams on this website are for illustrative purposes only and do not necessarily depict the object accurately.

Your use of this site, including all Content, data, and software distributed by, downloaded from, or accessed via this site, is at your own risk. Before taking or refraining from taking any action based on the Content or this website, you must conduct and rely on your own research and evaluation of the Content, including all information, forecasts, opinions, and statements contained on this website.

Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, we (including, in this limitation of liability clause, our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other person for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) of any kind, whether direct, indirect, or consequential, arising out of or in connection with the provision of the services. Any liabilities imposed on us or implied into these Terms of Service by any law are hereby excluded to the maximum extent permitted by law.

If a jurisdiction permits liability to be limited but not excluded, our total liability is limited to the greatest extent permitted by law.

Termination

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend, or terminate any service or this website at any time. For instance, if your server is involved in an attack on another computer system, with or without your knowledge or complicity, that server's access to the website may be blocked or restricted while the problem is investigated and resolved. All provisions of these Terms of Service that, by their nature, should survive termination shall survive termination, including, but not limited to, ownership provisions, disclaimers, indemnities, and liability limitations.

Governing Law

By visiting this website, you agree that the laws of the state of New South Wales, Australia without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Kestrel or its associates.