Conditions of Use

Application of Conditions of Use
Kinetic Investment Partners Limited (ABN 28 009 568 496) operates this website, http://www.kineticip.com.au/. Kinetic is authorised to provide financial services to wholesale clients only (within the meaning of the Corporations Act 2001 (Cth). The information on this website has been prepared on this basis and is for use by such wholesale clients only and no other persons. These Conditions of Use, together with any other terms, notices or disclaimers contained elsewhere on the Kinetic Website, govern the supply of material on, use of and access to the Kinetic Website. By accessing the Kinetic Website, you agree to be bound by these Conditions of Use and any modifications of them.

Information and accuracy
Information provided on the Kinetic Website:

is intended for Australian residents only and may not comply with non-Australian laws;
is of a general nature and does not take into account your individual circumstances, financial needs or objectives;
is not intended to be investment advice nor a recommendation or statement of opinion about any particular financial product or class of financial products. As a result, it should not be relied upon in acquiring any product or service offered by Kinetic; and
is provided in good faith and derived from sources believed to be accurate and current at the date of publication.
Kinetic does not guarantee the accuracy, adequacy or completeness of information on the Kinetic Website or that the website is otherwise free from error, omission or other defect. Kinetic reserves the right to change any information provided on the Kinetic Website without notice.
Kinetic does not guarantee that your use of the Kinetic Website will be uninterrupted, timely or secure.
Unless otherwise specified, all references to currency are to Australian dollars.

Your conduct
You warrant that when accessing and using the Kinetic Website you will not use the website for any purpose that is unlawful or prohibited by these Online Conditions of Use or any other term, notice or disclaimer appearing on the Kinetic Website. You also agree to not use the Kinetic Website in any way that interferes with other users.

Kinetic retains the right to monitor your use of the Kinetic Website and prevent further access at any time in its discretion.

Copyright and trademarks
The material on the Kinetic Website is protected by copyright. You may only use this material for your own personal reference. You must not otherwise use, reproduce, publish, modify, distribute, link, frame, transmit in any form or by any means, electronic or mechanical, for any purpose, any of the material on the Kinetic Website, except with the prior written permission of Kinetic.

Trademarks used on the Kinetic Website are the property of Kinetic or third parties with which Kinetic has an association. You must not use a trademark used on the Kinetic Website without the prior written consent of the owner of that trademark.

Links to third party websites
The Kinetic Website may contain hyperlinks and other pointers to websites operated by third parties. These linked websites are not under Kinetic’s control, and Kinetic is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Kinetic provides these hyperlinks as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Kinetic. You agree to access any such third party website entirely at your own risk.

Limitation of liability
You agree that your use of the Kinetic Website and reliance on any information contained on the website, is entirely at your own risk. To the extent permitted by law, Kinetic excludes all liability for any loss or damage (including indirect or consequential loss or damage) you or any other person suffers in connection with your use of the Kinetic Website, including your reliance on any information contained on the Kinetic Website.

Kinetic’s liability for breach of any warranty or condition implied by law that cannot be excluded is limited, at Kinetic’s option, to:

in the case of services supplied or offered by Kinetic:the re-supply of those services; or
the cost of having those services re-supplied; and
in the case of goods supplied or offered by Kinetic:
the replacement of the goods or the supply of equivalent goods;the repair of the goods; or
the cost of having the goods replaced or repaired.

Privacy
Your personal information will be collected and used by Kinetic in accordance with its Privacy Policy.

Governing Law
These Online Conditions of Use and other terms, notices and disclaimers appearing on the Kinetic Website, are governed by the law in force in the state of New South Wales. You agree to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these online conditions of use.