Please read all terms and conditions below carefully before you use this website. These terms and conditions apply each time you access or use this website. If you do not agree to all of these terms and conditions, you must immediately cease using this website and any information contained on this website. By accessing and using this website, you agree to be bound by this legal notice and all terms and conditions set out below. In particular, you acknowledge:
The content of this website (the “Information”) is issued by Equity Funds Management (“EFM”) unless expressly stated otherwise. Capitalised terms not otherwise defined are as defined in the Website Terms and Conditions is not a retail broker-dealer, and does not solicit or carry accounts for, or offer or sell securities products to retail customers.
This website is owned and operated by Equity Funds Management (“EFM”). By accessing and using this website you agree to be bound by these Website Terms and Conditions. EFM may change these terms and conditions at any time without notice to you. By continuing to access or use the website you accept any changed terms as they may apply from time to time. It is your responsibility to regularly check these Website Terms and Conditions for any amendments. Unless expressly stated otherwise, EFM is the only entity responsible for the content of this website (the “Information”).
In these Website Terms and Conditions, references to "we", "us" and "our" refer to EFM and references to "you" and "your" refer to each user of this website. References to "EFM Parties" refer to EFM, its Affiliates and their directors, employees and representative. EFM’ Affiliates are listed below.
The Information is general in nature and is provided for informational purposes only. It does not constitute legal, tax, financial product or investment advice and does not constitute a recommendation, solicitation, or offer of any securities, product or service and should not be relied upon as securities advice. The Information does not contain anything in it that forms the basis of any contract or commitment.
Additionally, the Information on this website does not constitute a representation that the solutions described herein are suitable or appropriate for any person. Past performance is no guarantee of future performance. No consideration has been given to the impact of any tax and revenue laws on prospective investors. Prospective investors should consult their own tax advisers in relation to any such consequences.
The Information may contain forward-looking statements that are based on EFM’ current expectations, plans, estimates, assumptions and beliefs that involve numerous risks and uncertainties. The words ‘forecast’, ‘estimate’, ‘project’, ‘intend’, ‘expect’, ‘should’, ‘believe’ and similar expressions are intended to identify forward-looking statements.
All forward-looking statements should be evaluated with an understanding of their inherent uncertainty and are not a guarantee of future performance, and actual results, performance or achievements may vary materially from those expressed or implied. Forward looking statements
The Information provided is general in nature and may be used for information purposes only. It is not intended to be, and must not alone be taken as, the basis for an investment decision.
The Information has been prepared without taking into account the investment objectives, financial situation or particular needs of any particular person or entity. You should assume all information is written and prepared for large and experienced institutional investors with the highest degree of financial sophistication and knowledge and the capacity to withstand and assess any financial losses. EFM recommends that before making an investment decision, each prospective investor should consult a financial adviser and should consider whether any investments are appropriate in light of their particular investment needs, objectives and financial circumstances.
The Information is only intended to provide a general overview of the matters with which it deals. The Information is not intended to be comprehensive, nor does it purport to constitute legal, tax, financial product or investment advice. All Information available on this website should be assessed in consultation with your investment, financial, tax, accounting and legal advisors. To the extent that the Information on this website relates to an EFM fund into which an investor may invest, the Information is qualified in its entirety by the reference to the applicable confidential information memorandum or private placement memorandum of the relevant EFM fund and must be read in conjunction with such memoranda in order to fully understand all of the implications and risks of investing in EFM funds. The achievement of any or all goals of any investment that may be described herein is not guaranteed. Risks of EFM investment programs typically include but are not limited to:
For a more fulsome list of applicable risk factors, please read the relevant memorandum carefully and consult your own investment, financial, accounting, legal and tax advisors prior to undertaking an investment in interests in EFM funds. An investment in any of these investment programs should be made only after careful review of the risk factors described in the relevant memorandum.
Prospective investors should conduct their own investigation and analysis of an investment with EFM (or any of its related bodies corporate) and the Information and make their own assessment of the appropriateness of the Information and any proposed investment having regard to their own objectives, financial situation and needs, independently and without reliance on EFM or its respective directors, employees, agents and affiliates. In addition, prospective investors are strongly urged to consult their own legal counsel and financial, accounting, regulatory and tax advisers before making any investment decisions.
Before making any investment decisions, potential investors should consult the relevant disclosure document in order to acquaint themselves with the precise nature of any risks incurred and in particular the risk of capital loss and, where relevant, the liquidity risk of underlying assets. Any investment decision must be made in accordance with investors’ investment objectives, their investment horizon and their capacity to deal with the risk arising from the transaction. You should do this before making an investment decision by making this assessment yourself, or seeking the assistance of an adviser.
The Information is subject to change at any time at EFM discretion with or without prior notice and EFM is under no obligation to notify any person of any change, including anyone who has printed or had access to a hard copy of the Information. It is recommended that you review the Information provided on or via this website, periodically for changes. EFM will endeavour to ensure that information is updated as soon as practicable when it becomes aware that material changes have occurred.
To the extent permitted by law, this website, the Information and any services provided via this website are provided “as is" and without representations or warranties of any kind (either express or implied) including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. If any statute implies terms into these Website Terms and Conditions which cannot be lawfully excluded, then those terms will apply and, to the extent permitted by law, the liability of the EFM Parties for breach of any such term will be limited (at the option of EFM) to resupply of the services or payment of the cost of resupply.
The EFM Parties do not warrant the accuracy, completeness or currency of the Information (including the accuracy of underlying assumptions, or the achievement by EFM of any particular results) and to the extent permitted by law, disclaim all responsibility and liability for any loss or damage of any nature whatsoever (including without limitation any consequential loss) which may be suffered by any person directly or indirectly through relying upon the Information (including in respect of any forward looking statements made in the Information), whether that loss or damage is caused by any fault or negligence of the EFM Parties or otherwise.
To the extent permitted by law, the EFM Parties also disclaim all responsibility and liability for any loss or damage of any nature whatsoever (and including consequential loss) which may be suffered by accessing this website, including the transmission of any computer virus. Without limiting the above matters, the EFM Parties do not warrant the accuracy, completeness or currency of information contained on any website which may be linked to this website.
This website may also contain links to websites of other entities ("Linked Websites"). These Linked Websites are provided as a convenience and do not imply EFM' (or any other EFM Party's) sponsorship or approval of any of these Linked Websites or their content. The EFM Parties assume no responsibility for the content or privacy practices of any Linked Website Site, including any software that may be available for download. If you access any Linked Website through this website or because it is referred to in this website, you do so at your own risk. Links to or from this website do not constitute an endorsement by EFM or any other EFM Party of the parties or businesses which are so linked, nor do they necessarily indicate any affiliation between us and such parties or businesses.
To the extent permitted by law, the EFM Parties will not be liable for loss or damage of any kind whatsoever arising as a result of any opinion, advice, recommendation, representation or information expressly or impliedly contained on this website or any Linked Website notwithstanding any negligence, default, or lack of care by it or that such loss or damage was foreseeable.
The Information may include material provided by third parties for general reference or interest. The views expressed in these articles do not necessarily reflect those of EFM or any other EFM Parties. While such third party sources are believed to be reliable, the EFM Parties do not assume any responsibility for the accuracy or completeness of such information.
The EFM Parties assume no responsibility for, and make no warranty that, functions contained at this site will be uninterrupted or error-free, that defects will be corrected, that the website is suitable for any particular purpose or has any performance, functionality or security features, or that the site or the server that makes it available will be free of viruses or other harmful components. While EFM will use reasonable endeavours to ensure that its site is free from viruses or other harmful components, you must take your own precautions to ensure that the way you access and use this website (or any Linked Website does not expose you to viruses or other harmful components that may damage your own computer or other IT infrastructure. EFM and all other EFM Parties are not responsible or liable for any damage caused by any virus or other harmful component, whether or not that virus or other harmful component resulted from you accessing this site or any Linked Website. You are responsible for the cost of all services, repairs and corrections that must be performed on your computer on account of your accessing this site or any Linked Website.
If you express interest in products or services through your use of this website, you consent to EFM and all other EFM Parties sending commercial electronic messages (including messages about products and services offered by any EFM Party and the products and services of third parties) to the electronic addresses which you have provided to EFM or for which you or your employer (or your employer's related bodies corporate) are the relevant electronic account holder
If any part of these terms and conditions is void, unlawful or for any reason unenforceable in any jurisdiction, then that provision shall be deemed severable from these terms in that jurisdiction. The remainder of these terms and conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. EFM reserves the right to alter or delete Information from this site at any time at its sole discretion.
You must ensure that you only use the site for legal purposes and that you do not use the site to engage in conduct that is unlawful, threatening, abusive or in a way that is deemed unreasonable by EFM.
Neither the website nor any software, hardware, application, interfaces and network communication device provided in relation to the website may be used for the purpose of providing advice to any other person.
This website is EFM' copyright property, All rights are reserved. You are provided with access to it only for your personal and non-commercial use.
Other than for the permitted purposes above, and for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes that apply in your location, you may not, in any form or by any means:
You may, however, download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only.
All trade names, trademarks, service marks and other product and service names and logos (the "Marks") displayed on this site are proprietary to their respective owners and are protected by applicable trademark and copyright laws. These Marks may be registered or unregistered marks of EFM or others.
Nothing contained on this site should be construed as granting any licence or right of use of any other person's or entity's trade mark which is displayed on this site without their express permission.
These terms and conditions incorporate, and should be read together with, our privacy policy published at www.equityfundsmanagement.com/privacy-policy
If you access this website from a location in the US, these terms and conditions will be governed and construed in accordance with the laws of the United States of America and the State of New York without regard to its conflicts of laws principles. Any legal action or proceeding related to this site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York.
If you access this website from a location outside the US, these terms and conditions will be governed by and construed in accordance with the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts competent to hear appeals from those courts.