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RISK DISCLOSURE

Table of Contents

Investment Projections & Performance

Investment return projections are based on historical average performance of actual or simulated returns. Performance data shown represents past performance. Past performance is no guarantee of future results and current performance may be higher or lower than the performance shown. Therefore, the stated figures should not be relied upon. The investment return and principal value of an investment will fluctuate so that an investor’s investments, when redeemed, may be worth more or less than their original cost.

 

Investment returns highlighted on this website and quoted in posted content are simulated. This website contains simulated returns which do not represent actual performance of assets during a period. If the simulated strategy had been implemented during the period the actual returns may have differed significantly from the simulated returns presented. These simulated returns were prepared for use by PARKER WINSTON ECKHARDT Pty Ltd and sophisticated investors who understand the limitations of simulated returns. The provider of any simulated returns contained in this website disclaims any responsibility or liability for the disclosure of these returns to you. Past performance (whether actual or simulated) is not indicative of future performance.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

 

This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

 

  • the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

  • this site will meet your requirements or expectations;

  • anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;

  • the quality of any information or other material purchased or obtained through this site will meet any particular requirements or expectations;

  • errors or defects will be corrected; or

  • this site or the servers that make it available are free of viruses or other harmful components.

Limitation of Liability

Exclusion of liability

 

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.

 

Remedies limited

 

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):

  • in the case of goods, to any of the following:

    • the replacement of the goods or the supply of equivalent goods;

    • the repair of the goods;

    • the payment of the cost of replacing the goods or of acquiring equivalent goods; or

    • the payment of the cost of having the goods repaired; and

      • in the case of services:

        • the supply of the services again; or

        • the payment of the cost of having the services supplied again.

Release

 

You agree that your use of this site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.

 

Force majeure

 

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

General

Interpretation

 

In these Website Terms of Use, the following rules of interpretation apply:

  • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;

  • these Website Terms of Use may not be construed adversely against the Company solely because the Company prepared them;

  • the singular includes the plural and vice-versa;

  • a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and

  • the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

 

Notifications

 

The Company may provide any notification for the purposes of these Website Terms of Use by email.

 

Costs

 

Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.

 

Assignment

 

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Company’s prior written consent.

 

The Company may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

 

No waiver

 

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.

 

Severability

 

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

 

Variation

 

The Company reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site.

You may only vary or amend these Website Terms of Use by written agreement with the Company.

 

Governing law and jurisdiction

 

These Website Terms of Use will be governed in all respects by the laws of South Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia and the courts of appeal from them.

 

Schedule 1 – Prohibited conduct

 

YOU MUST NOT:

  • use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
  • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
  • use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
  • use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
  • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
  • use this site by any automated means;
  • use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
  • access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
  • interfere with the display of any advertisements appearing on or in connection with this site;
  • reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
  • reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
  • falsely imply that any other website is associated with this site;
  • do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this site;
  • use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
  • release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent; or
  • use this site to transmit any information or material that is, or may reasonably be considered to be:
    • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
    • libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
    • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
    • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
    • in breach of any person’s privacy or publicity rights;
    • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
    • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
    • containing any political campaigning material, advertisements or solicitations; or
    • likely to bring the Company or any of its staff into disrepute.
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