Terms and Conditions

By accessing this website, you agree to the following Terms & Conditions (Terms).

About the Website

1. This website infrastructureaccess.com.au (the Website) is owned and operated by Infrastructure Access Managers Pty Ltd Pty Ltd (ABN 46 630 991 614; AFSL Representative No. 001277480, authorised representative of True Oak Investments Ltd AFSL No. 238184) (IAM). Access to and use of the Website is provided by IAM.

2. By using, browsing and/or reading the Website, you signify that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.

3. You understand that these Terms are reviewed and amended by IAM on a regular basis.  You agree that your use of the Website is subject to the Terms as they are published on the Website from time to time.

4. This Website is intended for use and may only be accessed in Australia.  In particular, this Website is not intended for use by residents of the United States of America and Canada. The accessibility or distribution of the information on this Website may be restricted or prohibited by law in certain jurisdictions and IAM has not taken any action which may be required by law in any jurisdiction outside Australia to permit these pages to be accessed by, or for the financial products referred to on this Site to be offered to, prospective investors outside Australia. If you choose to access this Website from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.  Notwithstanding the foregoing, the Terms apply to all users of the Website.

5. You may only access and use this Website for lawful purposes and for the purposes explicitly outlined and authorised in these Terms.

Wholesale investors only

6. This Website is available for use by wholesale investors only.  By continuing to access and use the Website, you are confirming that you are a Wholesale Client under section 761G of the Corporations Act 2001.  Further, you represent that you will not directly or indirectly disseminate information contained on this Website to any person that does not meet the definition of Wholesale Client.

General advice

7. All information provided on the Website is for general information purposes and does not involve any recommendation by IAM or any third party. Any information about the financial products and financial services available from or through IAM does not take into account your personal objectives, financial situation or needs and you should consider obtaining professional financial advice before making any investment decisions.

8. IAM makes no representation and gives no advice in respect of any financial, investment, tax, legal or accounting matters in any jurisdiction, including the suitability of any financial product to any investor.

9. Further, IAM do not guarantee the return of capital, payment of distributions, or performance of any investments.  Any rate of return shown is a target rate which is not guaranteed and is determined by the performance of the individual transaction entered into and may achieve lower than expected returns.  Any reference to past performance is not a reliable indicator of future performance.  No investments available through IAM are subject to any government guarantee.

Limitation of liability

10. The information contained on the Website is believed to be accurate at the time of compilation and is provided by IAM in good faith. However, the use of the Website is at your sole risk. Whilst we make every effort to ensure that the information provided on the Website is accurate and up to date, IAM does not expressly or implicitly warrant the accuracy, adequacy or completeness of the information contained on the Website. Except to the extent required by law, IAM accepts no liability for any direct, indirect, special, incidental, or consequential damages arising from decisions taken on the basis of the information shown on or omitted from the Website.

11. None of the directors, officers, employees, agents, contributors, and licensors of IAM or its related bodies corporate make any express or implied representation or warranty about the content on, or referred to on, the Website including in relation to non-infringement of any third party intellectual property.

12. Nothing in these Terms excludes, restricts or modifies the application of the provisions of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that statute or cause any part of these Terms to be void.

13. To the extent permitted by law, IAM is not liable to you for any incidental, indirect, special, consequential or economic loss or damage (including loss of profits or opportunities and exemplary and punitive damages) whether arising from negligence or otherwise in relation to these Terms or the failure or omission by us to comply with our obligations under these Terms.

Indemnity

14. You agree to indemnify and will keep IAM, its affiliates and their respective directors, officers, employees, agents, third party content providers and licensors indemnified from and against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) incurred or suffered by IAM (Our Loss) in connection with your (or where applicable, any other person using your username and password) use of this Website, breach of these Terms or breach of any rights of third parties.

15. Without limiting the preceding paragraph, you indemnify us for any of Our Loss incurred by virtue of any breaches by you of any third parties’ intellectual property rights as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this Website .

Third party information and materials

16. The Website may provide information, articles and material that are written and prepared by people who are not employees or representatives of IAM. Such material is provided for your convenience and information only. The material will be clearly identified as the product of an independent third party. IAM is not responsible for the contents or accuracy of this material, and the opinions expressed in the material should not be taken as recommendations or opinions of IAM.

Links to third party websites

17. Any links to third party websites are provided for your convenience and information only. IAM is not responsible for the content on linked websites. We reserve the right to terminate a link to a third-party website at any time. If we provide a link to a third-party website, this does not mean that we endorse, authorise, or sponsor that website, its owner or sponsor or its contents, nor that we are affiliated with the third-party website's owners or sponsors.

Copyright and intellectual property

18. The Website and its content are subject to copyright. 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 but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) and the content are owned or controlled by IAM or its contributors.  Except where necessary for viewing the documents or information or as permitted under applicable laws, you may not, without the prior written permission of IAM and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, store, transmit, post, distribute, show, or play in public, adapt, or change in any way the content or third-party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

19. No trademark of IAM (whether registered or otherwise) may be used without our prior, specific, written permission. The use or misuse of these trademarks, except as expressly authorised, is prohibited.

Privacy

20. IAM takes your privacy seriously and any information provided through your use of the Website and/or content are subject to IAM’s Privacy Policy, which is available on the Website.

Your responsibilities

21. You are responsible for ensuring that your use of the Website is lawful, does not infringe any third party’s rights, and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant internet industry codes of practice).

Assignment

22. IAM may assign its rights or obligations under the Terms without prior notice to you, provided that the relevant assignee undertakes to perform all of IAM’s obligations.

23. You may not assign or deal with the whole or any part of your rights and/or obligations under these Terms without the prior written consent of IAM.

Governing law

24. The Terms are governed by the laws of New South Wales, 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 hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause must not be contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.