Terms of use
The following terms of use apply to your use of the Pengana Capital Group Limited (ABN 43 059 300 426) (“Pengana”) website (“Website”). Each time you access this Website you agree to comply with, and be bound by, the terms of use and you acknowledge that we may rely upon your agreement.
Pengana and the information on this website
The information on this Website (the “Information”) is provided by Pengana as at the date indicated on the relevant material.
Australian residents only
This Website is not intended to be accessed in any place in which, or by any person to whom, it would not be lawful. The access of this Website in places outside Australia may be restricted by the laws of places where it is distributed and persons who access this Website should observe those restrictions. Failure to comply with relevant restrictions may violate those laws. Specifically, this Website is directed only at persons outside the United Kingdom and the United States of America and must not be acted upon by persons in the United Kingdom and the United States of America, except those persons to whom this Website may be directed at or who mayact upon it as permitted by law or regulation.
No investment advice
This Website is for informational purposes only and does not purport to give investment advice. The Website does not take into account the investment objectives, financial situation and particular needs of any potential investor and the Information on it should not be relied upon as a substitute for financial or other professional advice. Therefore, before acting on the Information contained on the Website, potential investors should consider the appropriateness of the Information having regard to their investment objectives, financial situation and particular needs.
Except where disclosure documents are included on the Website, the Information is not intended as an offer or solicitation, or as the basis for any contract, for the purchase or sale of any financial product. Product Disclosure Statements are available on this Website for those Funds which are offered to retail investors and are still open. A person should consider the relevant Product Disclosure Document in deciding whether to acquire, or to continue to hold, units in a Fund.
Accuracy and reliability of information
The Information is provided in good faith and has been derived from sources believed to be reliable and accurate at the date indicated. However, Pengana has not verified the Information, which may not be complete or accurate for your purposes. Pengana may not, and has no obligation to, update the Information or correct any inaccuracy which subsequently becomes apparent. Opinions and estimates in the Information may be changed or withdrawn without notice. Accordingly, Pengana, its related bodies corporate and associates or the directors or officers of those entities do not make any representation or warranty of reliability, completeness, fitness for purpose or accuracy of the Information or any third party website linked to this Website.
Much of the Information is assembled from material prepared by Pengana or its related bodies corporate but the Information may not include information made known to Pengana’s officers subsequent to the date of publication of the Information indicated on the Website. If you use the Information, you do so at your own risk and you should consult Pengana as to whether or not more recent information is available which will affect your investment decision. The Website may provide information, articles and material, or links to such, that are written or prepared by people who are not associated with Pengana. This material is only provided for your interest and convenience. Pengana is not responsible for the content or accuracy of this material and any opinion expressed in the material should not be taken as an endorsement, recommendation or opinion of Pengana.
Performance figures
Performance figures quoted on the Website are for past performance. Past performance is not a reliable indicator of future performance. Neither Pengana nor its directors or employees or any associate guarantee or make any representation as to the performance of the Funds, the maintenance or repayment of capital, the price at which units in a Fund may trade or any particular rate of return.
Exclusion of liability
Nothing in these terms excludes, restricts or modifies any condition, warranty or liability which may at any time be implied by the Trade Practices Act (the “Act”) or any other applicable law where to do so is illegal or would render any provision of this agreement void. Subject to this qualification, all express or implied conditions or warranties, statutory or otherwise, in respect of the Information supplied are expressly negatived and excluded. You agree that Pengana will not be liable for any damages or loss of any kind whatsoever (including, without limitation, any liability for consequential loss) arising out of the use by you of, or reliance by any person on, the Information supplied whether arising from any act, omission, error, misstatement or failure (and whether negligent or not) of Pengana, its associates, officers, servants, agents or independent contractors or otherwise. If Pengana should be liable for breach of a condition or warranty implied by Division 2 of Part V of the Act (other than a condition or warranty implied by Section 69 of the Act) in relation to the supply of goods or services (or both) which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, its liability is limited to any one or more as Pengana in its sole discretion considers appropriate of the limitations specified in subsections (a) and (b) of Section 68A(1) of the Act. A user may access other websites linked to this Website, however in such circumstances, liability is also excluded to the extent possible at law in relation to any errors, omissions or misstatements on those linked websites.
Copyright
Copyright in the Information is owned by Pengana. The Information may not be reproduced, distributed or published by anyone for any purpose without Pengana’s prior written consent.
Privacy
You acknowledge and agree that the collection, disclosure or use of information about you from accessing the Website is subject to the terms of Pengana’s Privacy Policy. To view Pengana’s Privacy Policy click here.
Disclosure of interests
Pengana, its related bodies corporate and associates and their respective officers, directors and employees may from time to time purchase, sell, or engage in transactions involving the units in the Funds or any related securities. The directors and officers of Pengana or its related bodies corporate and associates may hold directorships in any company referred to in the Information. Pengana, its related bodies corporate and its associates are under no obligation to disclose or take account of the Information when advising or conducting business with its clients. Pengana, its related bodies corporate and associates may act upon or make use of the Information prior to its publication on this Website.
Governing law
These Terms of Use are governed by the laws of New South Wales and the courts of New South Wales will have exclusive jurisdiction over any disputes arising under them.
Acceptance of terms of use
Pengana may, without notice, amend the Terms of Use at any time by posting an amended version of this web page. You agree to continue to be bound by any amended Terms of Use and that Pengana has no obligation to notify you of such amendments.