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Terms and Conditions of Access to this Website
Before accessing and using this website (this “Website”), please read the following terms and conditions (the “Terms and Conditions”) carefully. The Terms and Conditions may be modified and/or updated from time to time and should therefore be read in full every time you log in to this Website. The Terms and Conditions govern your access to, and use of, this Website and you will need to agree to be bound by the Terms and Conditions before you will be granted access to this Website.
Access and Use of this Website
The materials and information on this Website (the “Materials”) have been placed on this Website by Mortgage House Capital Pty Ltd (“Mortgage House”) for information purposes only in order to comply with legal and regulatory requirements. The Materials are directed to, and intended for, existing investors in Mortgage House. No other persons should act or rely on it. Mortgage House makes no representation as to the accuracy of forecast information (or any other information in any reports). As described further below, those forecasts involve risk and uncertainty because they relate to events and depend on circumstances that will occur in the future. There are a number of factors that could cause actual results or developments to differ materially from those expressed or implied by those forecasts.
The Materials do not, under any circumstances or in any jurisdiction, constitute or form part of, and shall not be construed as:
(i) a public offer of securities or other financial instruments under any applicable legislation;
(ii) an offer to sell, or solicitation of an offer to buy, any securities or other financial instruments; or
(iii) any advice or recommendation with respect to any securities or other financial instruments.
The distribution and/or use of the Materials may be restricted by local law or regulations in certain jurisdictions. The Materials are not intended for distribution to, and/or for use by, any person or entity in any jurisdiction where such distribution and/or use would be contrary to local law or regulation. Persons accessing this Website are required to inform themselves about and observe such restrictions and by accessing this Website you represent that you are a person into whose possession the Materials can be lawfully delivered in accordance with the laws of the jurisdiction which apply to you and in which you are located.
The Materials are intended to be distributed only to, and are directed only at:
(i) persons who are “wholesale clients” within the meaning of section 761G of the Australian Corporations Act 2001 (Cth); and
(ii) any other persons to whom the Materials may otherwise be lawfully communicated without needing to provide a regulated offer document.
The Materials must not be acted on or relied on by, nor are the securities or other financial instruments referred to on this Website available to, any other persons.
The securities or other financial instruments referred to on this Website have not been, and will not be, registered under the United States Securities Act of 1933, as amended (the “Securities Act”), and have not been offered, directly or indirectly, and will not be offered or sold, directly or indirectly, in or into the United States or to, or for the account or benefit of, any U.S. person (as defined in Regulation S under the Securities Act) absent an applicable exemption from the registration requirements under the Securities Act. Accordingly, none of the Materials or any information relating to such securities or other financial instruments is directed at any person or entity within the United States or at any U.S. person and must not be accessed, stored, disclosed and/or saved (either temporarily or permanently) if you are located in or you are a resident of the United States and no such Materials or information should be released, published or distributed directly or indirectly in or into the United States.
Where the Materials have been made available to you, this has been done on the basis that you are a person into whose possession such Materials may be lawfully delivered in accordance with the laws of the jurisdiction in which you are located and you may not, nor are you authorised to, deliver the Materials, electronically or otherwise, to any other person.
No Representations or Advice
Whilst Mortgage House has taken all reasonable steps to ensure that the Materials are accurate as of the relevant date stated, neither Mortgage House nor any of its affiliates or their respective directors, officers, employees or agents (or any related person or entity) makes any representation or warranty with respect to the Materials. Neither Mortgage House nor any other person has any obligation, or has assumed any responsibility, to update any of the Materials or any other information for facts or events arising after the date that such Materials or other information is published. Any person accessing this Website should therefore be aware that the Materials may be out of date.
None of the Materials are, or purports to be, investment, tax or other advice or are intended to provide the basis of any credit or other evaluation, nor are forecasts contained therein intended to be a statement that the structuring of transactions expected in the Materials could be profitable or suitable for the recipient of the Materials, nor should any such Materials be considered a recommendation by Mortgage House or any of its affiliates or their respective directors, officers, employees or agents (or any related person or entity) to purchase or sell any securities or other financial instruments. Neither Mortgage House, nor any of its affiliates, agents or representatives, make any representation regarding the possible legal, regulatory, accounting or tax consequences of an investment in the securities or other financial instruments referred to on this Website. Mortgage House acts neither as an adviser to, nor owes any fiduciary duty to, any person accessing this Website. Any person accessing this Website should make its own independent evaluation of the transactions described, the risks involved, and the relevance and adequacy of the Materials and should make such other investigations as it deems necessary. Investors should also consult their own legal, tax and other advisers in order to make any investment decision. The Materials are not tailored for any particular investor and do not constitute individual investment, tax or other advice. Any person accessing the Materials should also be aware that such Materials may contain additional disclaimers or limitations on liability.
No On-selling or Other Use
Except to the extent expressly set out in the relevant information memorandum, offering circular, contract, report or other document, no person or entity may use or rely on the Materials for any purpose whatsoever, including, in particular, the making of any offer to sell, or any solicitation of an offer to buy, any securities or other financial instruments referred to on this Website.
Neither Mortgage House, nor any person who controls it, nor any affiliate, director, officer, employee nor agent of it or affiliate of such person accepts any liability arising out of or in connection with the use of the Materials.
This Website may contain statements that constitute forward-looking. These forward-looking statements can be identified by the use of forward-looking terminology, such as the words “expects”, “projects”, “plans”, “believes”, “intends”, “anticipates”, “estimates”, “stabilised”, “underwritten”, “vision”, “may”, “could”, “pro forma”, “budget”, “financial model” and analogous. Any such statements are inherently subject to a variety of risks and uncertainties that could cause actual results to differ materially from those projected and the actual outcome to differ materially from that expected. Such risks and uncertainties include, amongst others, general economic and business conditions, competition, changes in political, social and economic conditions, regulatory initiatives and compliance with governmental regulations, and various other events, conditions and circumstances (including acts of god, war and terrorism). No assurance is given by Mortgage House in relation to any such statements. Mortgage House expressly disclaim any obligation or undertaking to publicly release any updates or revisions to any forward-looking statement contained herein to reflect any change in expectations or any change in events, conditions or circumstances on which any such statement is based.
The Materials have been made available to you in electronic form and neither Mortgage House nor any of its affiliates or their respective directors, officers, employees or agents (or any related person or entity) warrants that such access, or use of this Website generally, will be uninterrupted or free of error. You are reminded that documents transmitted electronically may be altered or changed during the process of transmission and consequently none of Mortgage House or any of its affiliates or their respective directors, officers, employees or agents (or any related person or entity) accepts any liability or responsibility whatsoever in respect of any difference between the Materials made available to you in electronic form and the hard copy equivalent. Mortgage House does not accept responsibility for any loss or damage resulting from any errors or omissions appearing on this site and any visitor using information contained on this Website does so entirely at its own risk.
By clicking “I agree” below, you are certifying that you have read and understood, and that you agree to be bound by, the Terms and Conditions and that you provide the representations set forth therein. If you are not permitted to access and/or use the Materials or are in any doubt as to whether you are permitted to access and/or use the Materials, please exit this webpage or click “I disagree” below. Should you click “I disagree” below, you will not be able to access this Website.
These Terms and Conditions are governed by and shall be construed in accordance with the laws of New South Wales.