Terms and Conditions
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
Your use of this website and the information contained on it (the "Content") is subject to the following terms and conditions:
- Ownership - This site www.olivia123.com (Website) is owned and operated by OLIVIA123 Pty Ltd ACN 132 483 179, ("OLIVIA" or "OLIVIA123")
- Acceptance of Terms and Conditions - Your access and use of the website means you accept and agree to comply with the terms and conditions, contained in this document and elsewhere on the website (known collectively as the "Terms and Conditions"), subject to any other acknowledgements, confirmations or undertakings by you made by your use of this website and subject to any other notices or disclaimers on this website, as they exist from time to time. Your use of and continued access to the website constitutes your agreement to the Terms and Conditions. OLIVIA123 may amend the Terms and Conditions at any time by posting the amended terms and conditions on the website. The amended Terms and Conditions will be effective immediately and you will be bound by the amended Terms and Conditions from that time even if you do not have notice of them. This agreement may not be amended otherwise. You should visit this page periodically to review the Terms and Conditions. If you breach any Terms and Conditions, your right to use and access the website automatically terminates.
- No Financial Advice - Nothing on this Website is intended to be, or should be construed as being advice or a recommendation for any product or offering contained on the Website. The content herein has been provided by the third parties whose products and services are contained or linked to the Website, and all Content is intended as factual and verifiable. Users of this Website should carefully consider their own personal circumstances and take appropriate advice prior to making any investment decision.
- Restrictions on Use - OLIVIA123 may change or discontinue any feature of the website including the Content defined in clause 5, hours of availability and equipment required for access. You may not copy, reproduce, republish, frame, post, upload, distribute, transmit or modify in any way all or any part of the Content contained on this Website, unless expressly provided for on the Website or expressly authorised in writing by OLIVIA123. The website is only available to, and may only be used by, individuals who can form legally binding contracts under their applicable law. Without limiting the foregoing, our services are not available to and may not be used by persons under 18 years of age. If you do not qualify, please do not use our services.
- Trademarks - All names, logos and trademarks are the property of OLIVIA123 or the Fund Managers or other third parties who have contributed to or who have documents on the Website. Nothing on the Website should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without the express written agreement of OLIVIA123 or the relevant contributor or owner of a trademark.
- Copyright - The Content of this website, including all information such as metadata, text, graphics, images and other material ("Content"), is protected by Australian and international copyright law. Unauthorised use of the Content may breach these laws. If you wish to quote our information please refer to the conditions for republishing and reprinting here.
- No Representations - OLIVIA123 makes no representations about the accuracy, reliability, completeness or timeliness of the Content. The Content may contain inaccuracies or typographical errors. OLIVIA123 is neither responsible for nor liable for Content provided by third parties. The use of the Website and the Content is at your own risk. Changes are periodically made to the Website and may be made at any time, without notice.
- No Warranties - The website and Content are provided on an "as is" basis without any warranties of any kind, to the extent permitted by law. OLIVIA123, to the fullest extent permitted by law, disclaims all warranties or representations (express or implied). If the Australian Securities and Investment Commission Act, the Trade Practices Act 1974 (Commonwealth) or any corresponding State legislation implies terms, conditions or warranties into some contracts for the supply of goods or any services and prohibits the exclusion, restriction and modification of such terms ("Prescribed Terms") and that applies to these Terms and Conditions, then, except as provided by the Prescribed Terms, all warranties express or implied by law in any way relating to access to, or non-access to, the website or the use of or reliance upon the website or the Content are excluded. To the extent permitted by law if OLIVIA123 breaches Prescribed Terms, then its obligations and liability in relation to that will be limited to the re-supply of the services. In addition, OLIVIA123 does not warrant that the Website will operate error free or that this Website and its servers are free of computer viruses and other harmful material. If your use of the Website or the Content results in the need for servicing or replacing equipment or data, OLIVIA123 is not responsible for those costs.
- Limitation of Liability - Except as provided by any Prescribed Terms, OLIVIA123, its suppliers, or any third parties mentioned on the website will not be liable for any damages whatever (including, without limitation, incidental and consequential damages, lost profits, or damages in any case whether foreseeable or not) resulting from the use or access of or inability to use and access the Website and the Content.
- Internet Service Providers - If you are an internet service or access provider which supplies the Content to your subscriber, you must not use the Website in any manner or for any purpose which is unlawful or in any manner which breaches any right of OLIVIA123 or which is prohibited by the Terms and Conditions.
- Third Party Information - The Website contains, Offer Documents, Application Forms and other Information relating to investment products ("Products") supplied by third parties ("Third Parties"). If so the Products are not necessarily under the control of OLIVIA123 or its related parties and OLIVIA123 is not responsible for the Products. The inclusion of any Product does not imply any endorsement of the Product by OLIVIA123. You apply to and/or invest and any such Product entirely at your own risk and do so having acknowledged that you have received and read any offer documents relating to such Products. We are not involved in any transaction between you and any third Party accessed through OLIVIA beyond providing you with access to the Content and the Website. We exercise no control over the financial products or and statements contained on the Website. The Products on the Website, including product or service information and prices, are the responsibility of the third Party. Any information regarding any Product on the Website is subject to change without notice by the third Parties concerned. OLIVIA123 is not liable for the prices or price changes, or terms and conditions of supply, including where price changes or terms and conditions have not been reflected on the website. Any purchases or dealings you have with a Third Party are done at your own risk. OLIVIA123 is not a party to any transaction between you and any Third Party beyond facilitating the completion and transmission of your Application. Your purchase of any Product is subject to the terms and conditions of the relevant Third Party's Terms and Conditions. If there is any inconsistency, to the extent of the inconsistency the OLIVIA123 Terms and Conditions prevail.
- Advertisements - The website may from time to time contain third party advertisements which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors ("Advertisers"). Clause 11 also applies to sites operated by Advertisers. Any claims by Advertisers are not recommendations or endorsements by OLIVIA123.
- Disputes with Linked Sites and Advertisers - Since we do not and cannot be involved in your interaction with Linked Sites and Advertisers, if you have a dispute with one or more Linked Sites or Advertisers, to the extent permitted by law, you release and indemnify OLIVIA123 (and our agents and employees) from any claims, demands and damages (actual and consequential, direct and indirect, in any case whether foreseeable or not) of every kind and nature known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Termination - The Terms and Conditions are effective until terminated by OLIVIA123. OLIVIA123 may terminate this agreement and your access to the website at any time without notice. If the Terms and Conditions or your access is terminated, you are no longer authorised to access the website. All restrictions imposed on you, disclaimers and limitations or exclusions of liability set out in the Terms and Conditions will survive termination.
- Governing Law - The Terms and Conditions are governed by and construed in accordance with the laws in force of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
- General - If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions which will continue in full force and effect. All rights not expressly granted by the Terms and Conditions to OLIVIA123 are reserved. This agreement sets out the entire understanding and agreement between OLIVIA123 and you with respect to your use of the Website and the Materials and all related or consequential aspects of that.