This Website (www.tieronecapital.com.au) (Website) is owned and operated by Tier One Capital Pty Ltd ACN 619 800 752 (TierONE Capital).
In these Website Terms and Conditions (Terms), “we” and “us” mean TierONE Capital, and “you” means you, the user or Website visitor, and includes you as an individual and/or as a representative of a company, trust or other body corporate, as applicable.
- Disclaimer regarding general financial product advice
Any advice contained on this Website, including its Investor Portal, that comprises financial product advice is general advice only and it has been prepared without considering your personal financial objectives, situation or needs. We recommend that you should not rely on any advice contained on this Website before making any investment decision without first considering whether the advice is appropriate to your situation, and that you seek tailored financial, taxation and legal advice as appropriate to your personal circumstances. You should also read the applicable offer disclosure document for any financial products referred to on this Website before making any investment decision.
- Your acceptance of these Terms
2.1 These Terms together with the TierONE Capital Privacy Policy are the terms on which TierONE Capital permits users to access and use the TierONE Capital Website including using the services and functionality made available through the Website, viewing content provided by TierONE Capital and third parties, communicating with TierONE Capital and reviewing information about TierONE Capital’s services.
2.2 You agree to be bound by these Terms by you using, browsing or accessing any part of the Website.
2.3 TierONE Capital may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
2.4 The Website is subject to change at any time without notice and may contain errors.
- Website content and information
3.1 TierONE Capital has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website, including Content of third parties placed with or without TierONE Capital’s prior approval. TierONE Capital reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable to you for any possible consequences of such actions.
3.2 The Content provided on this Website or in any communication containing a link to the Website is for users’ personal use and information purposes only. If any opinions are expressed on the Website, they are provided by TierONE Capital for your personal use and information purposes only.
3.3 You acknowledge that the Content may include (but is not limited to) communications from us such as service announcements, administrative messages and marketing material, and that by subscribing to the Website or Content you consent to us sending you communications by any electronic means (subject to the contact details provided by you) but that you will be able to opt out of receiving them.
3.4 TierONE Capital does not represent or warrant that the Content information contained on this Website is suitable for your specific needs or requirements. The Content information on this Website is not intended to, and does not, constitute advice or any statement on which reliance should be placed. You should independently assess whether the Content information on this Website is accurate, complete, relevant and appropriate to you.
3.5 Unless otherwise stated, the services and products described on this Website are intended for use by residents of Australia only, and are not aimed or intended for use by residents of any other jurisdiction.
- Links to other websites
4.1 This Website may contain links to other third party websites. TierONE Capital provides those links as a readily available quick reference for searching for third party products and services on the internet and TierONE Capital does not endorse those websites, their operators, the products, services or content that they describe.
4.2 Other websites which are linked to the Website are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked websites, you do so at your own risk. TierONE Capital is not responsible for and will not be liable to you in respect of the content or operation of those websites or any of the products, services or content that they describe. TierONE Capital is also not responsible for and will not be liable to you for any incorrect link to an external website.
4.3 You are not permitted to frame or link the Website without TierONE Capital’s express written permission.
- Access and communication
5.1 Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), TierONE Capital does not warrant that you will have continuous access to the Website. TierONE Capital will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
5.2 TierONE Capital does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and TierONE Capital does not guarantee the security or confidentiality of these communications or the security of the Website.
5.3 TierONE Capital does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
5.4 Details contained on the Website relating to information and services have been prepared in accordance with Australian law and may not satisfy the laws of another country. TierONE Capital does not warrant that: the information or services available on this Website; or the Website and its Content, comply with the laws of any other country. It is your responsibility to determine whether the information or services comply with the laws of your jurisdiction.
5.5 If you access and use this Website or its Content from outside Australia or transact on this Website you do so at your own risk.
- Privacy
Any personal information submitted by you to TierONE Capital is subject to and will be handled in accordance with TierONE Capital’s privacy policy (Privacy Policy). The Privacy Policy forms part of these Terms and is set out at www.tieronecapital.com.au/privacy-policy. You agree that, by using the Website or communicating with TierONE Capital, you have read the Privacy Policy, understood its contents and have consented to the Privacy Policy’s requirements.
- Website security
7.1 TierONE Capital has established reasonable measures of Website security and methods to protect your privacy when you access the Website or its Investor Portal. TierONE Capital confirms that:
a) your personal details will never be requested by us via email;
b) it uses two-factor authentication in relation to password security;
c) our information technology systems have installed firewalls to prevent unauthorised material from entering;
d) we have best practice security measures and SSL encryption in place;
e) we will automatically log you out of your Investor Portal account if you have been inactive for a period of time; and
f) access to your Investor Portal will be blocked after five failed login attempts.
7.2 You acknowledge and agree that as a user of the Website or its Investor Portal, you:
a) are responsible for your own Investor Portal password, and that: you will not share your password with others, including any employee or associate of TierONE Capital, and; you will regularly change your password;
b) will log off after every online session;
c) will use all reasonable measures to avoid the use of public computers to engage in any online transaction through the Website or the Investor Portal;
d) will use reasonable endeavours to have appropriate security software installed on your computer which will appropriately protect your device from malware, spyware, viruses, trojans and other fraudulent activities;
e) will not leave your computer unattended while logged into the Investor Portal without reasonable cause to do so; and
f) will inform us immediately when: you discover a transaction in your Investor Portal that you do not recognise; you suspect that your online information has been compromised; you suspect that you have received a scam of phishing email, or; there has been unauthorised access to your account.
- Intellectual property rights
The Website contains trademarks, logos, service and product names belonging to TierONE Capital or third parties which may be registered or otherwise protected by law, and may also contain other intellectual property rights, including copyright and patents, relating to TierONE Capital’s information, products and services, and/or all components of them. All such intellectual property rights are owned or licensed by TierONE Capital or any of its related entities. You must not copy, modify, transmit or exploit for commercial purposes any part of the Website or Contents or otherwise infringe any of those intellectual property rights.
- Website licence and use
TierONE Capital grants you a non-exclusive and non-transferable licence to use the Website for your own personal use subject to the restrictions of these Terms. Unless automatically prompted by the Website, you may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to TierONE Capital will be treated as non-confidential and non-proprietary information.
- Your use of Investor Portal
10.1 You may have the option of registering to use the TierONE Capital Investor Portal (Investor Portal). Unregistered users may still read readily available Content on the Website.
10.2 By registering for your Investor Portal access, and to create your account, you will need to provide certain personal information. Any personal information which you disclose to us will be handled in accordance with our Privacy Policy.
10.3 You agree that in your use of your Investor Portal account:
a) all information supplied to us is true, complete, and accurate;
b) if you register an Investor Portal account on behalf of someone else, you have the authority from them to do so, and you will inform them about these Terms and our Privacy Policy that will also apply to them; and
c) you are responsible for the use of your Investor Portal account and the confidentiality of your Investor Portal account information, including your password and you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone else on your behalf.
10.4 Use of the Investor Portal will provide you with access to confidential and sensitive information including investment options and personally identifiable information. You agree that in respect of any information that you (or your authorised representative) access through the use of the Investor Portal whether by browsing or downloading content, you will at all times:
a) keep and cause to be kept the information confidential;
b) treat the information as confidential and as the property solely of the person to whom it relates or belongs;
c) not use, copy, make records or take extracts of, the information for any purpose other than for the purposes connected with your investment;
d) notify TierONE Capital immediately of any known or suspected unauthorised disclosure of the information; and
e) upon request by TierONE Capital, immediately return to TierONE Capital all documents containing the information, including without limitation copies and reproductions of all such documents, and all other tangible property containing or referring to the information.
10.5 You acknowledge that TierONE Capital has sole discretion to disable your account or password, at any time, if in our reasonable opinion you have failed to comply with these Terms. You must notify us immediately if you know or suspect that anyone other than yourself knows your member account password and username.
- Prohibited uses of Website
11.1 Except as otherwise expressly permitted us, you must not when using the Website:
a) engage in any commercial activity (including marketing, advertising or commercial promotion of goods or services), resale, collect, data mine, disclose or use any product lists or information for the benefit of other merchants or competitors of TierONE Capital, or use robots or other data collection methods;
b) impersonate or falsely claim to represent a person or organisation;
c) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
d) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
e) post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
11.2 Unauthorised use of the Website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.
11.3 TierONE Capital provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release TierONE Capital from any and all applicable liability and responsibility.
- Termination of your access to the Website
TierONE Capital may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
- Exclusion of warranties and limitation of liability
13.1 To the full extent permitted by law, TierONE Capital excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the information, products and services listed or accessible on the Website.
13.2 Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) TierONE Capital excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, and all links to or from the Website.
- Indemnity
You agree to fully indemnify TierONE Capital, its directors, officers, employees, consultants, agents and affiliates in respect of any and all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with: any breach of these Terms by you; your access or use of the Website; or your communications with TierONE Capital or any other third party.
- Applicable jurisdiction and law
These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of the State of Victoria and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms.
- Waiver
If you breach these conditions and we take no action, that will not constitute a waiver by us and we will still be entitled to rely on our rights and remedies in respect of that breach and any other situation where you breach these Terms. Any waiver of any provision of the Terms by TierONE Capital will be effective only if in writing and signed by a director of TierONE Capital.
- Severability
Any provision in these Terms that is unenforceable is severed and each provision of these Terms is severable from the other provisions and no severance of a provision will affect any other provision.
- Entire agreement
These Terms constitute the entire agreement between you and TierONE Capital and supersede any and all preceding and contemporaneous agreements between us.
- Contacting us
If you have questions about the Website, these Terms or Privacy Policy, please contact us at info@tieronecapital.com.au.
Version 1; last updated: January 2024
