Terms And Conditions
1. Acceptance of Terms and Conditions
This website has been prepared by Blue Quay Investment Management Pty Ltd (ABN 19 122 563 311) (“BQIM”).
By accessing this website you acknowledge and agree to be legally bound the following terms and conditions (the “Terms and Conditions”) and acknowledge that you have read and understood them. In addition to these Terms and Conditions, you agree that your access to this website is subject to any other notices, disclaimers or statements contained on this website.
2. Australian financial services licence
BQIM holds an Australian financial services licence (AFSL No. 320499) issued by the Australian Securities and Investments Commission authorising BQIM to provide certain financial services to wholesale clients only.
This information contained on this website is only intended to be provided to persons in Australia if that person is a “wholesale client” as defined under section 761G of the Corporations Act 2001 (Cth) of Australia (“Wholesale Client”).
These documents and information are not intended to be distributed or passed on, directly or indirectly, to any other class of persons in Australia. They are supplied to you solely for your information and may not be reproduced, forwarded to any other person or published, in whole or in part, for any purpose.
By using this website or accessing the pages or information available on this website you represent and warrant that you are a Wholesale Client and that information contained on this website may be provided to you without breaching Australian financial services laws or regulations.
3. No guarantees or financial advice
The information available on this website is intended to provide general information about BQIM and the financial products and services it provides only.
This website does not include any investment advice or recommendations. BQIM does not give any advice in relation to any products referred to on this website, or any particular investment, security or financial product or service offered by BQIM or any of its associated parties.
Investment is subject to certain risks, including delays in repayment and loss of income or capital invested. BQIM has prepared this website and the information on it based on sources considered to be reliable, but is not guaranteed.
Before making an investment decision, you should seek independent advice and consider whether an investment is appropriate in light of your particular circumstances, objectives, financial situation, needs before making any investment decision. Before deciding whether to acquire, or continue to hold, an investment in any products referred to on this website, you should obtain and consider the current relevant offer document.
This website may contain:
- information relating to past performance: Past performance is not a reliable indicator of future performance and is not indicative, or a guarantee, of future results. The value of investments and the income from them may go down as well as up and are not guaranteed;
- forward looking information: (eg projections, forecasts, targeted returns, illustrative returns, estimates, objectives, beliefs and similar information. Forward looking information is provided for illustrative purposes only. Forward looking information is not a forecast, and is not intended to serve as, and must not be relied upon by any person as, a guarantee, assurance, prediction or definitive statement of fact or probability. Actual events may differ from assumptions and may cause actual results to differ materially from those in any forward looking information.
Neither BQIM nor its associated parties make any representation nor give any guarantee as to the future performance or success of, the rate of income or capital return from, recovery of money invested in, or income tax or other taxation consequences of, any product shown on this website.
4. Current Offer Document
Information contained on this website has been prepared for your general information only. The provision of information or material on this website to any person does not constitute an offer of a financial product or an invitation or recommendation to apply for or to invest in a financial product.
Should you wish to invest in a BQIM product referred to in this website you must only do so on the basis of a current offer document (i) downloaded from this website or (ii) provided to you by BQIM in hard copy.
5. Limitation of liability and indemnity
- makes no representation or warranty as to the completeness, accuracy or currency of information made available on this website; and
- is under no obligation to update this website or to notify you of any changes to information on this website.
- To the full extent permitted by law, BQIM and its associated parties exclude all liability and responsibility for any loss or damage (whether direct or indirect) arising in any way:
- as a result of any person using this website or relying on, using or downloading anything in it; or
- from mistakes, errors or omissions in the information in this website.
To the extent that any liability for negligence, breach of contract, or contravention of any law (including as a result of a failure to provide this information, or any part of it, or for any problems with this information) cannot be lawfully excluded, that liability is limited, at BQIM’s option, and to the maximum extent permitted by law, to resupplying this information or any part of it to you, or paying for the resupply of this information or any part of it to you.
Where a claim is brought against BQIM or its associated parties by a third party in relation to your use of this website, you must indemnify BQIM or its associated parties for all losses, costs, actions, proceedings, claims, damages, expenses (including legal costs and expenses), or liabilities, whatsoever suffered or incurred directly by BQIM or its associated parties as a consequence of any improper use of this website.
6. Website provided for Australian residents only
The information on this website is provided to Australian residents who access the website from within Australia only.
This website includes documents and information relating to financial products that are available to Wholesale Clients only (“Wholesale Products”). Any document or information on this website relating to a Wholesale Product is only intended to be provided to persons in Australia if that person is a Wholesale Client and must not be distributed or passed on, directly or indirectly, to any other class of persons in Australia.
6.1 Non-Australian residents
Neither this website, nor any Information contained on it (including any offer documents), constitutes an offer or solicitation in any jurisdiction in which such offer or solicitation is not authorised or unlawful or to any person to whom it is unlawful to make any such offer or solicitation. Such information and documents have been prepared under Australian law and do not directly or indirectly amount to an offer in any other place other than Australia.
This information on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject BQIM or its associated parties to any registration or other requirement within that jurisdiction or country.
Non-Australian residents should contact BQIM via the Contact Us page. BQIM does not make any representation that the use of this information is permitted in other locations.
By using and accessing the website or any of its pages, you acknowledge and agree:
8. Copyright and intellectual property rights
BQIM owns the copyright and any other intellectual property rights in all the software, design, text, material, works, graphics and code contained on or used to produce the website and in the information and material and in its arrangement or layout on this website.
You may save or print a single copy of any page for your records provided that you do not remove any copyright notices or any BQIM trademarks or logos. Except for this purpose, or as permitted law, none of the information on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior specific written consent of BQIM. The content of this website may not be copied, published, distributed, used to create other works or commercially exploited for any other purpose.
9. Cookies, records, website links and internet
This website may contain links to other websites. Neither BQIM, nor any associated party, makes any representation or warranty regarding the accuracy, quality, currency or any other aspect of the information contained in those linked websites. BQIM does not control and is not responsible for the information on any other website. A link to another website is not and should not be construed as implying an endorsement or recommendation by BQIM or any associated party of the information available, or goods or services offered, on that other website.
The internet is not a totally reliable or secure medium of communication. Errors, omissions, interruptions and delays of services may occur at any time on the internet. BQIM accepts no liability for the consistency, security and confidentiality of any information sent over the internet and any transmissions over the internet are entirely at the user’s risk.
10. Changes to Terms and Conditions
By accessing this website, you agree:
- to be bound by the Terms and Conditions that apply at the time of access; and
- that BQIM has no obligation to notify you of any such amendments.
11. Governing Law
These Terms and Conditions are governed by the laws applicable in the State of New South Wales, Australia and each party irrevocably submits to the non-exclusive jurisdiction of the courts of that state.