Website terms of use

Your access to and usage of this website and all products, services, content, tools and information provided through this website is subject to these Terms and Conditions, the Investor Account Terms and Conditions, the Privacy Policy, and any other statements, notices, disclaimers and other terms and conditions contained on this website (referred to collectively as the “Terms of Use”).  By accessing and using this website you agree to be subject to the Terms of Use.  If you do not agree to be bound by the Terms of Use, you are not granted permission to use this website.

(a) ​Important Information

This website www.marq.com.au is provided by MARQ Trustees*, and has been designed for information and enquiry purposes only. As such the information available on the website should not be relied on to make investment decisions.  While MARQ Trustees has taken all reasonable care and believes the information to be accurate at the time of publication MARQ Trustees does not warrant, imply, guarantee or make any representation that it is accurate, reliable, complete, current or free from error or omission.  Subject to any terms implied by statute which cannot be excluded, MARQ Trustees and its associates do not accept any responsibility for errors in, or omissions from the website and the use of this website is at your sole risk.

(b) ​Independent Advice

The information provided in this website is of a general nature only. It does not take into account your personal objectives, particular circumstances, investment objectives, financial situation or needs.  The information is of a general nature only, and it is not intended to constitute investment, legal or taxation advice.  The information obtained through this website should not be relied upon as a substitute for detailed financial advice or used as a basis for formulating business or making other decisions.  Accordingly, before making any decisions, taking any action or refraining from taking any action, MARQ Trustees recommends that you seek independent professional advice.

(c) ​Currency

All figures and amounts displayed on this website are in Australian dollars.

(d) ​No Offer of Financial Products

Neither the information nor any opinion expressed in the website constitutes an offer by MARQ Trustees or its associates to buy or sell any financial products nor the provision of any financial product advice or service. None of the services or financial products referred to on the website are available to persons resident in any country, state or territory where such distribution would be contradictory to local law or regulation.
The Information Memorandums (IMs) available on this website are prepared under Australian law and do not

    • constitute an offer of financial products;
    • constitute an invitation to subscribe for financial products, to enter into any legal agreement of any kind or to exercise any rights in relation to the offering of any financial products; or
    • amount to a solicitation for any business, in any place other than Australia.

(e) ​Australian residents only

The information, including the IMs, which are available on this website are intended for the use of Australian residents only. If you are not an Australia resident, then accessing and/or using information on this website is done entirely at your own risk.

(f) ​No Guarantees

Neither MARQ Trustees, nor its associates guarantee the performance of any of the financial products contained on the website, the repayment of capital invested or any particular rate of capital or income return (unless otherwise stated in the relevant IM).  Past performance information is not a guide to future performance.

Further, MARQ Trustees and its associates do not guarantee the usefulness of the website and do not warrant that this website or any of its products, services, content, tools or information, will meet your needs or expectations, or be uninterrupted or secure or that this website, or that its server or any files available for downloading through this website are free of harmful elements such as computer viruses.

The use of this website is at your sole risk.  MARQ Trustees and its associates hereby specifically disclaim any representations, guarantees, or warranties, express or implied, regarding this website.  Without limiting the generality of the foregoing, MARQ Trustees and its associates hereby specifically disclaim any implied warranties of merchantability and fitness for purpose, and non-infringement of third-party rights as well as any warranties with respect to results that may be obtained from the use of this website.

(g) ​Privacy

As a result of your access to this website, MARQ Trustees may hold and process personal information. MARQ Trustees is committed to maintaining the privacy of any personal information it holds, and does so in accordance with the Privacy Act 1998.  To view our Privacy Policy, visit www.marq.com.au/privacy.

(h) ​Copyright, Trademarks and Intellectual Property Rights

This website is copyrighted and protected by copyright laws. You agree to comply with all copyright laws in your use of this website and to prevent any unauthorised copying of the materials.  Copyright, and any other intellectual property rights, on all materials, designs, technology or concepts contained on this website belongs to MARQ Trustees unless otherwise stated and does not pass to you when you download it.

You may not alter the materials in any way or reproduce or otherwise use them for any public or commercial purpose unless you have prior written approval from us.  If such approval is given, you must acknowledge MARQ Trustees as the copyright owner on any material produced.  You must not transfer the materials to any other person. All rights are reserved. You may print out or store electronically any content on this website for your personal use, but you must not print out or store electronically any significant portion of the website and you must not engage in any reverse engineering or modification of any part of this website.  You agree to abide by all additional restrictions displayed on the website as it may be updated from time to time.

(i) ​Indemnification

As a condition of your use of the website, you expressly release, discharge and indemnify MARQ Trustees and its associates from and against any and all claims, losses, liabilities and expenses arising from any use of the website or any violation by you of the Terms of Use.

(j) ​Limitation of Liability

Your sole remedy for dissatisfaction with your use of the website is to stop using the website. In no event shall MARQ Trustees or any of its associates be liable to any website user or any other entity for any direct, indirect, incidental, special, consequential or other damages that are related to the use of, or the inability to use, the content of this website and all products, services, content, tools and information.
This limitation of liability will apply irrespective of whether the damage or loss was foreseeable, or caused by negligence or gross negligence of MARQ Trustees or its associates

(k) ​Changes

MARQ Trustees reserves the right to change, modify, add or remove any portion of the Terms of Use in whole or in part, at any time. Changes in the Terms of Use will be effective as from when such change is posted on the website. Your continued use of the website after any changes to the Terms of Use are posted will be considered acceptance of those changes and accordingly the updated Terms of Use.

(l) ​Legal

This website and the Terms of Use are administered by MARQ Trustees, and are governed by the law in force in the State of Victoria.  If a dispute concerning this website or the Terms of Use arises, then you agree to irrevocably submit to the non exclusive jurisdiction of the courts of Victoria for determining the dispute.

MARQ Trustees makes no representation that materials on this website are appropriate or available for use for any locations outside of Australia and access to them from jurisdictions where their contents are illegal is prohibited.

The Terms of Use constitute the entire agreement between MARQ Trustees and you with respect to your use of the website. Any cause of action you may have with respect to your use of the website must be commenced within the period provided by any applicable statute of limitations. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

(m) ​External Links

This website may contain links to other websites. MARQ Trustees provides links to other websites for your convenience only.  Any information, opinions, representations or offers made in those linked third party websites are solely the responsibility of the third parties operating those websites. MARQ Trustees has no control over the information on these websites or the products or services on them, and therefore makes no representations or warranties regarding the accuracy, reliability or suitability of the information, services, or products described on them.

MARQ Trustees does not warrant the accuracy or completeness of third party materials or the reliability of any third party advice, opinion, statement or other information displayed or distributed through this website.  You acknowledge that any reliance on any such materials shall be at your own risk.  This website and the third party information and materials on the website are provided “as is” without any representation or warranty, express or implied, of any kind.

*MARQ Trustees® is a trademark and business name owned by MARQ Private Funds Pty Ltd (ACN 604 351 591, AFSL 473984) (MPF).  It describes the services provided by the MARQ group of companies which comprises MPF, MPF Representatives Pty Ltd (ACN 647 299 901 AFSL 531480), MARQ Private Advisory Pty Ltd (ACN 007 142 752), MARQ Private Registry Pty Ltd (ACN 605 910 325), and MARQ Private Nominees Pty Ltd (ACN 608 182 332).

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