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Terms and Conditions

LEGAL NOTICE

Introduction

Information on this website applies to Allswell Communities Pty Ltd (‘Allswell Communities’, ‘we’, ‘us’ or ‘our’) and its related entities, which includes Eighth Gate Capital Management Pty Ltd and Eighth Gate Pty Ltd which holds Australian financial services (‘AFS’) licence number 476599.

In addition to the terms contained in this document, there are also specific terms which form part of the terms of use and govern your use of, and access to, certain sections of this website. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the website. In the event of any inconsistency between the provisions of these website terms of use and those other specific and additional provisions, the specific and additional provisions will prevail.

By proceeding beyond the homepage of this website, you agree to accept these terms of use and we agree to grant you a non-exclusive, non-transferable licence to use this website in accordance with the conditions set out below.

General advice warning

Information on this website is of a general nature only.

Any general financial product advice provided on this on this website has been issued by Eighth Gate Pty Ltd (AFS licence 476599) and has been prepared without considering any of your objectives, financial situation or needs. Before acting on any advice or information on this website, you should consider its appropriateness to your circumstances and, if a current offer document is available, read the offer document before acquiring products named on this website.

Jurisdiction

This website has been created for the use of Australian residents only. Any currency references located within this website are in Australian dollars.

Applicable law

These terms of use are governed by the law of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and its appellate courts. If any of the terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

Currency

The content of this website is current only on the day it is placed on the website. We make no assurance that the content will be updated immediately or at all.

We may change the terms and conditions of this website at our discretion and without notice. By continuing to use this website you accept the terms and conditions, as varied from time to time. This disclaimer is in no way limited or altered by any other terms or conditions on this website.

Copyright

The material in this site is copyright and remains the property of Allswell Communities. You must not do anything to modify or add to content of this site.

Virus warning

We do not guarantee that the material on this website is free from viruses or any other defects, although due care has been taken to minimise the risk.

Limitation of liability

To the extent legally permitted, we are not liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type related to or arising from: (a) this website; (b) any use of this website or of any site or resource linked to, referenced or accessed through this website; or (c) the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data. These exclusions apply even if we are expressly advised of the possibility of such damages and extend to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these terms of use and our maximum aggregate liability to you for all losses, damages and other amounts referred to in the above exclusions of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$100.00.

Indemnity

You agree to indemnify, defend and hold harmless Allswell Communities from and against all losses, expenses, claims, proceedings and damages of every kind due to or arising out of any violation of these terms of use, the rights of another party or any applicable law or arising out of any activity related to your account, by you or any other person accessing this website using your Internet account. The indemnity in this clause extends to and applies for the benefit of our officers, directors, employees, agents, contractors, licensors and suppliers.

Disclaimer of warranty

You use this website at your sole risk. To the extent legally permitted, all materials, information, products, programs and services are provided “as is”, with no warranties, conditions, representations or guarantees (‘Warranties’) whatsoever. To the extent legally permitted, Allswell Communities expressly disclaims all implied, statutory and other Warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, we do not represent or warrant that the functions within this website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the website or the server that makes this website available is free of viruses or other harmful elements. You agree that in using this website you have not relied on any Warranty made by us not expressly contained in these terms of use. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.

If applicable law prohibits the exclusion of any of the Warranties referred to above, to the extent legally permitted, Allswell Communities limits its liability for breach of any such Warranties to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at its sole discretion.

Password security

If you are allocated a password to access any part of this website, you are responsible to prevent the password being disclosed to any third party.

Accuracy and use of information

Except as otherwise provided, Allswell Communities makes no statement regarding the accuracy, currency and correctness of the material and information contained on this website. Neither Allswell Communities nor its directors and officers, accept responsibility for any errors or omissions which may subsequently be found evident on this website.

No person should take action on reliance of the material contained on this website, but instead should satisfy themselves independently of the appropriateness of such action.

Past performance

Past performance of any product or investment (including managed investment schemes) described on this website is not a reliable indication of future performance.

Forward-looking statements

Statements contained on this website and in information published by us from time to time may include statements of future expectations. Forward-looking statements can be identified by the use of forward-looking terminology such as ‘may’, ‘will’, ‘should’, ‘expects’, ‘plans’, ‘intends’, ‘anticipates’, ‘believes’, ‘estimates’, ‘predicts’, ‘potential’, or ‘continue’ or the negative
or other variations of comparable terminology.

Forward-looking statements are not guarantees of future performance and involve known and unknown risks, uncertainties, assumptions and other important factors, many of which are beyond the control of Allswell Communities. Such statements are subject to risk and uncertainties that could cause actual results to differ materially from those projected. Such statements (none of which is intended as a guarantee of performance) are
subject to certain assumptions, risks and uncertainties, which could cause the actual future results, achievements or transaction to differ materially from those projected or anticipated.

Forward-looking statements are provided in good faith and are believed to have a reasonable basis. No assurance is or can be given that the results, performance or achievements expressed or implied by any forward-looking statements 
will actually occur. Accordingly, you should not place undue reliance on these forward- looking statements.

You should note that actual results, performance or events may differ materially from those in such statements due to, without limitation:

  • General economic conditions, including in particular economic conditions.
  • Performance of financial markets, such as the property market.
  • Performance of service providers.
  • Legal disputes and conflicts.
  • Market factors, including property, volatility, liquidity and credit events.
  • The availability of debt finance, including senior and mezzanine finance.
  • Market interest rate levels and applicable margins.
  • Changes in the value and income generated from direct and indirect investments owned by the funds we operate.
  • The impact of wars, acts of terrorism and disasters, such as fire, flood or earthquake on assets.
  • Changing levels of competition.
  • Changes in laws and regulations.

Many of these factors may be more likely to occur, or more pronounced.

We assume no obligation to update any forward-looking statement contained on this website or in other information published by us from time to time.

Website links

All external links located within this website are for reference only. We do not recommend or endorse the company, product or service associated with the external link (unless specifically stated). We are not responsible for the content of any site linked to this website.

Log files

We may use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers may automatically log standard access information including browser type, access times, open mail, URL requested and referral URL. If collected, this information will not be not shared with third parties, unless required as part of the management of our information technology or internal business purposes. Any individually identifiable information related to this data will not be used in any way different to that stated in these terms of use.

Use of Cookies

We may use a browser feature called a ‘cookie’ to collect information anonymously and track user patterns on our website. A cookie is a small text file that is placed on your hard disk by a website. Cookies contain a unique identification number that identifies your browser, but not you, to our computers each time you visit our website. Cookies tell us which pages of our websites are visited and by how many people.

The use of cookies is an industry standard and many major browsers are initially set up to accept them. You can reset your browser to either refuse to accept all cookies or to notify you when you have received a cookie. However, if you refuse to accept cookies, you may not be able to access or use all of the features available on our website.

SPAM

We may publish electronic addresses on this website to facilitate communication relating to our business functions. This is not to be inferred as consent by us or the relevant addressees to receiving unsolicited commercial messages or SPAM as referred to in the Spam Act 2003 (Cth).

Our contact details

Allswell Communities Pty Ltd
ABN 24 167 206 564

Telephone:          + 61 7 3505 0388

Email:                   info@allswellcommunities.com.au

Address:               80 Petrie Terrace, Brisbane, Queensland 4000 Australia

Website:                www.allswellcommunities.com.au