Terms of Use

General terms and conditions for all users

The www.yarmouthgroup.com website ("this website") is owned by Yarmouth Group Holdings ("Yarmouth"). It is operated by Yarmouth and other companies in the Yarmouth group. To the extent that general advice is provided on this website, it is provided by (being member(s) of the Yarmouth group of companies of which Yarmouth is the holding company), based on the circumstances and context in which the advice is given on this website:

Your access to this website is subject to these terms and conditions, the Yarmouth Privacy Statement, notices, disclaimers any other terms and conditions or other statements contained on this website, and, if you use any of the services identified on this website for which additional or alternative terms and conditions are referred to, those additional terms and conditions for those other services (referred to collectively as "Terms of Use"). By accessing, viewing or otherwise using this website, you agree to be subject to these Terms of Use.

Yarmouth may, at its sole discretion, vary or modify these Terms of Use without notice. Any subsequent access to, or use by you of the website will constitute an acceptance of those modifications.

You agree that where Yarmouth or any other company in the Yarmouth group is required, by law or otherwise, to provide you with a document, you consent to the provision of that document electronically through the links on this website. We suggest that you print a copy of the document, or file it electronically, for future reference.

Unless otherwise stated expressly, products and services referred to on this website are only available in Australia.

Yarmouth and other members of the Yarmouth group currently offer products named on this website. The offers are identified in the disclosure documents (which include Information Memoranda, where applicable). To invest, please complete the application form attached to or accompanying the relevant disclosure document, a copy of which can be obtained by accessing the document through the appropriate link and printing it. Investors should consider the disclosure document (including Information Memoranda, where appropriate) in deciding whether to acquire, or to continue to hold, the product.

All information contained on this website is given in good faith and has been derived from sources believed to be accurate. However, the information is selective and neither Yarmouth nor any other company in the Yarmouth group have verified the information, which may not be complete or accurate for your purposes. Those companies make no representation or warranty of any kind as to the accuracy or completeness of the information. It is general information only and should not be considered as a comprehensive statement on any matter and should not be relied upon as such.

Neither Yarmouth nor any other company in the Yarmouth group nor any of their directors, employees and associates guarantees the security of this website, gives any warranty of reliability or accuracy nor accepts any responsibility arising in any other way including by reason of negligence for, errors in, or omissions from, the information on this website and does not accept any liability for any loss or damage, however caused, as a result of any person relying on any information on the website or being unable to access this website. This disclaimer is subject to any applicable contrary provisions of the Australian Securities and Investments Commission Act 2001 and Competition and Consumer Act 2010.

Should you leave this site via a link contained within this website, and view content that is not provided by a company in the Yarmouth group, including content in relation to the issue of a financial product:

(a) you do so at your own risk. The content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by a company in the Yarmouth group. No company in the Yarmouth group is responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or otherwise. No company in the Yarmouth group makes any guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party;

(b) links to other websites are provided for convenience only and do not represent any endorsement by Yarmouth of the products or services offered by the website owner;

(c) you should endeavour to obtain the Information Memorandum for the relevant product from the issuer or seller of the product as identified on the website to which you link;

(d) you should consider the Information Memorandum for the relevant product in deciding whether to acquire, or to continue to hold, the product.

Investments in the funds and trusts referred to on this website do not represent deposits with, or other liabilities of, Yarmouth or any other company in the Yarmouth group, and are subject to investment risk, including possible delays in repayment or loss of income and capital invested. No member of the Yarmouth group stands behind the repayment of capital, or guarantees the investment performance of the funds and trusts referred to on this website.

In preparing the information contained on this website, Yarmouth has not taken into account your objectives, financial situation or needs. Before investing on the basis of the information contained on this website, you should consider (with or without the assistance of an advisor) whether the information in this website is appropriate to you in light of your particular objectives, financial situation and needs. You should obtain the disclosure document (including Information Memorandum where applicable) relating to a product referred to on this website before making any decision about whether to acquire the product.

The information on this site is based on current laws and their interpretation, including taxation laws. The levels and basis of taxation may change. The application of many laws, including taxation laws, depends upon an investor's individual circumstances. You should, therefore, consider seeking professional advice on the legal and taxation implications of investing and should not rely on the information provided, which should be used as a guide only.

In contributing information contained on this site and in providing their respective products and services through this site, and unless expressly stated otherwise, each company which is a member of the Yarmouth group and is identified on this site is acting as principal and does not act as a representative of any other company in the Yarmouth group.

Copyright in the information contained on this website is owned by Yarmouth. You may use this information for your own personal reference only. You may reproduce this information in hard copy solely for your personal use. The information may not otherwise be reproduced and must not be distributed or transmitted to any other person or incorporated in any way into another document or other material.

Linking to Yarmouth's site

Your site must not contain any material that disparages Yarmouth or its goods and services.

Your site must not contain the following:

Illegal, sexually explicit, pornographic, or otherwise offensive or distasteful material;

Content promoting gaming, wagering or betting sites;

Instructions on the manufacture and/or use of illegal drugs, or other dangerous materials;

Material that promotes harassment, hatred or discrimination based on age, race, religion, gender, sexual preference or any other factor;

Defamatory, disparaging, abusive, threatening or offensive messages (whether aimed at Yarmouth or a third party); and

False or misleading information about the products and services of Yarmouth or a member of the Yarmouth group.

No alteration

You agree not to transfer, or attempt to transfer, any material, viruses or code to the Yarmouth site that could cause damage or harm to the site or in any way impede the security of Yarmouth's site. You may not attempt to alter the Yarmouth site.

Additional terms

In addition to the other terms outlined in this agreement, any link from your site to Yarmouth's site is subject to your site complying with the following conditions:

You must comply with all relevant laws in any applicable jurisdiction;

Your site must not replicate the content of the Yarmouth site;

You must not frame any part of Yarmouth's site;

Your link must be made in good faith and must not be established in a way that blocks or prevents the display of any part of Yarmouth's website; and

You must not mistakenly imply that Yarmouth, or any member of the Yarmouth group, endorses your product, service or organisation.

Your use of, and access to, Yarmouth's website must be in accordance with these Terms and Conditions for Yarmouth Australia or on the home page of each country, as amended from time to time. To the extent of any inconsistency between those Terms and Conditions and the terms of this agreement, this agreement shall prevail.

Disclaimer

To the extent permitted by law, neither Yarmouth, nor any other company in the Yarmouth group of companies (including all related bodies corporate), will be liable for any loss or damage from any cause (including negligence) to your site and system, or to people linking to us from your site(s), caused by or in connection with your link to Yarmouth's site. If you create a link to Yarmouth's site, you remain fully responsible for any consequences of that link, whether direct or indirect and you will protect Yarmouth against all loss, damage, liability, cost or expense arising from or in connection with the link.

Indemnity

You agree to indemnify Yarmouth and keep it indemnified against all actions, claims, costs, demands, damages or liability arising in any manner from a breach by you of the terms of this agreement.

Changes to this agreement

Yarmouth may change the terms of this agreement at any time and solely at its discretion.

Termination of agreement/removal of link

Yarmouth reserves the right, solely at its discretion, to request removal of your link at any time. It also reserves the right to review your link, pursuant to which you agree to provide any necessary passwords.