Terms and Conditions of Use

1. About

(a) These terms and conditions apply to the entire contents of the website under the domain name www.elmpropertyinvestors.com.au.  Please read these terms and conditions (Terms) carefully as they are the terms and conditions for your use of the Website.  By using, browsing and/or reading the Website, this signifies you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations.  If you do not agree with the Terms, you must cease usage of the Website immediately.

(b) The Website is operated by Elm Property Investors (Elm), a wholesale funds management group. The Elm group of companies includes Everglobe Property Pty Ltd ACN 661 544 609 (Everglobe), the holder of Australian financial services licence number 543084, and its associated or related entities. 

(c) In these Terms, a reference to “Elm”, “we”, “us” and “our” refers to any one or more members the Elm Property Investors group.

(d) These Terms apply to all users of the Website. 

(e) Elm reserves the right to review and change any of the Terms by updating this page at its sole discretion and without prior notice.  When Elm updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms.  Any changes to the Terms take immediate effect from the date of their publication.  Before you continue, we recommend you keep a copy of the Terms for your records.  Any subsequent access to or use by you of this Website constitutes acceptance of any variation to the Terms.

(f) Your access to the Website is subject to our Privacy Policy, and any notices and disclaimers (and any other relevant content) published on the Website. If you use any of the services identified on the Website for which additional terms and conditions are referred to, by accessing or otherwise using those services you agree to be bound by and comply with those relevant terms and conditions.

2. Use of the Website

You agree that you will not (either yourself or through a third party)—

(a) use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (‘Automated Process’) to process, monitor, copy or extract any web pages on the Website, or any of the information, content or data contained within or accessible through the Website, without our prior written permission

(b) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website

(c) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formulae or processes in respect of the software underlying the infrastructure and processes associated with the Website

(d) copy, reproduce, alter, modify, create derivative works of, or publicly display, any part of any content from the Website without our prior written permission

(e) post or otherwise distribute on or through the Website any defamatory, obscene, harassing, threatening or other unlawful material or information, or photographs containing obscene images, the nature of the content of which may be determined by us in our sole discretion, or any information that is confidential to a third party without their permission, or

(f) use the Website for any other unlawful purpose or activity.

3. Copyright and intellectual property

3.1 The material on the Website is protected by copyright under the laws of Australia and through international treaties.  Unless otherwise indicated, all rights (including copyright) in the content  and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Elm or its contributors.

3.2 All trademarks, service marks and trade names are owned, registered or licensed by Elm, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence to—

(a) use the Website pursuant to the Terms

(b) copy and store the Website and the material contained in the Website, and

(c) print pages from the Website for your own personal and non-commercial use.

Elm does not grant you any other rights whatsoever in relation to the Website.  All other rights are expressly reserved by Elm.

3.3 Elm retains all rights, title and interest in and to the Website.  Nothing you do on or in relation to the Website will transfer to you or any other person any—

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

3.4 You may not, without the prior written permission of Elm and the permission of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Website for any purpose, unless otherwise provided by these Terms, or where the material is freely available for re-use or is in the public domain.

4. Privacy

Elm takes your privacy seriously and any information provided through your use of the Website is subject to Elm’s Privacy Policy, which is available at www.elmpropertyinvestors.com.au

5. General disclaimer

5.1 Use of the Website is at your own risk.  Everything on the Website is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Elm make any express or implied representation or warranty about any products or services (including the products or services of Elm) referred to on the Website.  This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.

(b) The accuracy, suitability or currency of any information on the Website (including third party material and advertisements on the Website).

(c) Costs incurred as a result of your use of the Website.

(d) The services or operation in respect to links which are provided for your convenience.

(e) The performance of the investment opportunities made available on the Website,.

5.2 The Website may contain information related to the past performance of the Funds, or the past performance of funds operated or managed by Elm.  Any information provided in relation to past performance is for illustrative purposes only and should not be regarded as an indicator of the future performance of any investment referred to on the Website, including the Funds.  

5.3     Elm does not provide legal, financial, financial planning, tax, or investment advice or any other form of advice regarding the suitability, or appropriateness of any of our services or the return which may be received from using our services.  

5.4 Elm reserves the right to exclude and deny any person’s access to the Website at any time in our sole discretion.

6. General advice only

To the extent that any information or statements contained on the Website constitutes advice, it is general in nature only and it is provided by or on behalf of Elm.  Everglobe is only authorised to provide general financial product advice to wholesale clients only within the meaning of section 761A of the Corporations Act 2001 (Cth). Everglobe does not take into account your personal financial situation or your personal investment objectives, strategies or needs. You should consider whether it is appropriate in the light of your objectives, financial situation or needs before deciding to invest or making any other decision. 

7. Indemnity

7.1 You agree to indemnify and hold Elm, and our associated companies, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands arising out of any of your fraudulent acts or omissions.

7.2 Without prejudice to paragraph 6.1, you also agree to indemnify and hold Elm, and our associated companies, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands arising out of any falsehood or inaccuracy contained in any information you provide to us, except where it is Elm’s fault that they have done so.

8. Limitation of liability

8.1 To the extent permitted by law—

(a) we do not accept liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Website, and we are not liable if interference with or damage to your computer or other technological systems occurs in connection with your use of the Website

(b) any condition, warranty or guarantee which would otherwise be implied by these Terms is hereby excluded, and

(c) our liability to you for breach of a condition, warranty or guarantee implied by such legislation shall be limited, at our sole discretion, to the payment of the cost of having the services supplied again.

8.2 Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which applies to these Terms under the Competition and Consumer Act 2010 (Cth) or any similar State legislation and which cannot be excluded, restricted or modified.

9. Assignment

You may not assign any part of these Terms without our written consent, but we may assign these Terms to any associated companies or affiliates without notice to you.

10. Disputes

By accepting these Terms you agree to use your best endeavours to use negotiation and mediation to resolve disputes arising from or in connection with these Terms and the use of the Website.  Please notify us in writing or email of any dispute you may have. You can reach us via email at adam@elmpropertyinvestors.com.au.

11. Links to third party websites

The Website may provide links to access various other websites on the internet (‘Third Party Websites’).  We do not endorse, warrant or guarantee the accuracy, copyright compliance, legality, decency, or any other aspect of the content of any Third Party Websites.  The inclusion of Third Party Websites does not imply any association with the operators of any Third Party Websites.

12. Governing Law

The Terms are governed by the laws of Western Australia.  Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created under or by them shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, without reference to conflict of law principles, notwithstanding mandatory rules.  

13. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, then that part shall be severed and the rest of the Terms shall remain in force.

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