Wednesday, 08 September 2010
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Terms of Use
This is the website of Australian Caper Company Pty. Ltd. (referred to from here on as ACC)  under the domain name www.australiancapers.com.au. This site is operated on behalf of ACC,  its related bodies corporate and the Smart Enter Unit Trust, and for the purpose of the Terms of Use and Privacy statement any of these entities can be inter changed when ACC is used. Your use of this site and its contents, including the information, graphics and material is subject to these Terms of Use.  Please read these Terms of Use carefully before using this site. By using this site you agree to follow and be bound by these Terms of Use.. ACC reserves the right, at its discretion, to amend these Terms of Use at any time, and any such modification will be effective immediately upon posting the modification on this Site.You should check these Terms of Use regularly for amendments. By using this Site after amendments have been posted, you will be bound by such amendments. 

Investment opportunities
ACC may provide information relating to the growing of capers under contract for ACC (referred to from here on as the ACC Project).  All such information published on this site is subject to the terms and conditions contained in this Terms of Use document and in the relevant Information Package and associated material. No information or other content available through this Site is purporting to be legal or tax advice and should not be relied upon as such. You are solely responsible for seeking advice on any such issues, which considers your particular circumstances. In doing so you may seek the assistance of an Australian Financial Services Licensee or any other suitably qualified advisor. Importantly, the information provided on this site in relation to the ACC Project is of a general nature only and has not been prepared taking into account Your objectives, financial situation or particular needs ('Your Needs'). Prior to entering a contract in relation to the ACC Project you should assess the suitability of the investment to Your Needs, consider the information set out in the relevant Information Package and other associated material and consult an Australian Financial Services Licensee or any other suitably qualified advisor. 

Warranties
While every effort has been made to ensure that the information available on this site is correct, no member of the ACC nor any of its directors, employees or agents accept any liability for any action taken by you in reliance upon the whole or any part of the information available on this website or for any errors or omissions contained in it (except insofar as liability under any statute cannot be excluded).  No member of the ACC, nor any person or corporation associated with it guarantees warrants or underwrites the performance or return of the ACC Project or any other security offered by the ACC. 

Third Party Material
This site may contain information prepared by or links to web sites operated by third parties, independent of the ACC ('Third Party').  The ACC does not make any representation as to the accuracy or reliability of the information prepared by Third Parties. By providing access to other websites, neither the ACC nor any of its associates is endorsing the goods or services advertised or available for sale or purchase on those websites. 

Copyright
Copyright in all content on this site, including but not limited to text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code is owned by or licensed to the ACC.

No material on this web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the express written consent of ACC, except when:

  • necessary for viewing the material on this site on your browser;
  • permitted under the Copyright Act 1968 (Cth), other applicable laws or these Terms of Use; or
  • you have obtained prior written authority from ACC.

 The ACC hereby grants you a limited, non-exclusive, non-transferable licence to view, bookmark, download, and print the pages within this site and the documents, graphics, and media incorporated on those pages.  You are solely responsible for obtaining, paying for, repairing, and maintaining all of the equipment, telephone lines, and other material that you need to access this site. ACC expressly reserves the right to monitor any and all use of this site. When downloading material from this site, the ACC only licenses the material to you for your personal, noncommercial use. However the ACC does not transfer title to any of the material to you.  You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the material to any other form whatsoever. 

Linking Conditions
Please contact ACC at This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you wish to place a link to any part of the ACC site. 

Indemnity
You agree to indemnify, defend, and hold harmless the ACC, its subsidiaries and affiliates, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable legal costs, arising out of or in any way connected with your access to or use of this site. 

Severability
If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. Unless expressly agreed otherwise, these Terms of Use represent the entire agreement between the ACC and you.  

Applicable Law
This site has been provided for use by Australian residents only. The law applicable to any dispute arising pursuant to these Terms of Use is the law of the State of South Australia. ACC does not claim that materials in this site are appropriate or available for use in locations other than Australia. If you access this site from other locations, you are responsible for compliance with any applicable local laws.  

Termination
Your use of this site and its contents constitutes an agreement with ACC to use this site subject to the provisions of these Terms of Use. Any rights granted to you under these Terms of Use terminate immediately should you violate any provisions contained in these Terms of Use. In addition, ACC reserves the right to terminate your access to this site at any time, without notice, for any reason whatsoever. You agree that ACC shall not be liable to you or any third party for any termination of your access to this Site.  Licences and indemnities granted by you, and disclaimers and limitations of liability by the ACC Group will survive termination.   
 

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