Terms
Please note that all use of Apostle Asset Management Limited’s (APOSTLE) website (Apostle Site) and all services available through the Apostle Site are governed by the terms contained in this Terms of Use page (Terms) and that by accessing, viewing or downloading information from the Apostle Site, you unconditionally agree to be bound by these Terms.
The information provided by the Apostle Site is for general information purposes only. It does not purport to give investment advice.
The Apostle Site does not take into account the investment objectives, financial situation or particular needs of any person and should not be used as the basis for making investment, financial or other decisions. It is not intended as investment advice and must not be relied on as such.
The information on the Apostle Site is selective and may not be complete or accurate for your particular purposes and should not be construed as a recommendation to invest in any particular investment or security, or funds offered by Apostle (Funds). We strongly suggest that investors consult a financial and tax adviser prior to making any investment decision and that you carefully consider your particular investment needs, objectives and financial circumstances.
The law in some countries may restrict the distribution of information contained in the Apostle Site.
The information contained within the Apostle Site does not constitute an offer to buy or solicitation to sell any units in any of the Funds or to any services, by or to anyone in any jurisdiction where such offer, solicitation or distribution would be unlawful or in which the person making such offer or solicitation is not qualified to do so or to anyone to whom it is unlawful to make such offer or solicitation.
Any user distributing information taken from the Apostle Site, in whatever form, to any other person, agrees to attach a copy of this page and obtain the agreement of such other person to comply with the Terms.
Some of the Funds operated by Apostle and other investment services offered by Apostle may only be available to wholesale clients under section 761G of the Australian Corporations Act (Cth) and in the case of New Zealand investors, who are also institutional clients whose business is the investment of money or persons in New Zealand, who in the course of and for the purpose of their business, habitually invest money.
Only certain Funds will be made available for the retail market in Australia and are unlikely to be for retail sale in any other jurisdiction. You warrant that when accessing the Apostle Site you are fully in compliance with all laws, regulations and requirements that apply to you.
The information contained in the Apostle Site is not available for distribution and does not constitute an offer to sell or the solicitation of any offer to buy any securities or services in the United States to or for the benefit of any United States person (being residents of the United States or partnerships or corporations organised under United States laws).
The Funds have not been registered in the United States under the Investment Company Act of 1940 and units in the Funds are not registered in the United States under the Securities Act of 1933.
Your use of the Apostle Site is at your own risk. You agree that Apostle is not liable for any damage or harm arising out of your use of the Apostle Site. You also agree that all warranties, conditions and representations in respect of the Apostle Site (express or implied) are excluded to the fullest extent permitted by law.
Neither Apostle nor any of its associates guarantee that you will earn any return on your investment or that your investment will gain or retain its value. Investments in the Funds are subject to investment risk, including possible delays in repayment and loss of income or capital invested.
Performance figures quoted on the Apostle Site represent past performance. Past performance is not an indicator of future performance and is not constant over time. Neither Apostle nor its directors or employees or any associate guarantees or makes any representation as to the performance of the Funds, the maintenance or repayment of capital, the price at which units may trade or any particular rate of return.
The information provided on the Apostle Site is given in good faith and has been derived from sources believed to be reliable and accurate at the time of compilation.
However, the information is selective and Apostle has not verified all of the information, which may not be complete or accurate for your purposes and should not be relied upon without further enquiry. Apostle is under no obligation to update or correct any errors in the information after the date of publication. The information is subject to change without notice.
You should contact Apostle for more up-to-date information relating to each of the Funds, and you should not enter into any transaction based solely on information contained on Apostle’s Site. Neither Apostle nor its directors, employees, associates or agents make any representation or warranty as to the accuracy, reliability, timeliness or completeness of the information. To the extent permissible by law, Apostle and its directors, employees, associates and agents disclaim all liability (whether arising in contract, tort, negligence or otherwise) for any error, omission, loss or damage however caused (whether direct, indirect, consequential or otherwise), arising out of your access to, or use of or inability to use, the Apostle Site or arising from your reliance or non-reliance on the content available on or through the Apostle Site.
If for any reason Apostle is liable for any damage or harm arising out of your use of the Apostle Site, in no event shall Apostle’s total liability to you for all damages, losses, and causes of actions (whether in contract, tort - including but not limited to negligence or otherwise) exceeding the amount paid by you, if any, for accessing the Apostle Site.
Apostle’s practice in relation to the collection and handling of personal information is set out in its Privacy Policy. We may in future collect your information from the Apostle Site to provide services that you request. We may share your details with other companies in the Apostle Group and sometimes with organisations which conduct our online marketing activities.
For further information about how we handle and use information collected from you and when and for what purposes we or our agents or contractors may send you emails, please see our Privacy Policy.
Our web server and web tools may also collect information about:
- the number of visitors to the Apostle Site,
- the date, time and duration of visits,
- how visitors have navigated through the Apostle Site,
- the applications visitors used on the Apostle Site, and
- whether visitors have transmitted our information on to third parties.
This data would be obtained when people browse the Apostle Site. Apostle reserves the right at all times to lawfully monitor, record and disclose any information to satisfy applicable laws.
We may make limited use of cookies on the Apostle Site. We will only use cookies to improve the functionality of the Apostle Site, not to store any of your personal information. A cookie is a small message given to your web browser by our web server. The browser stores the message in a text file, and the message is then sent back to the server each time the browser requests a page from the server. When cookies are used on this site, they are used to store information relating to your visit such as a unique identifier, or a value to indicate whether you have seen a web page. They are used to distinguish your internet browser from the thousands of other browsers. This site will not store personal information such as an email address or other details in a cookie. Most internet browsers are set up to accept cookies. If you do not wish to receive cookies, you may be able to change the settings of your browser to refuse all cookies or to notify you each time a cookie is sent to your computer, giving you the choice whether to accept it or not.
Apostle may, without notice, amend the terms and conditions of accessing the Apostle Site at any time by posting an amended version of the Terms. You agree to continue to be bound by any amended terms and conditions and that Apostle has no obligation to notify you of such amendments. Please check these Terms periodically for changes. Your continued use of the Apostle Site following the posting of any changes to the Terms indicates your acceptance of those changes.
As between you and Apostle, Apostle owns (or has a licence for) all copyrights, database rights and all similar rights for the Apostle Site and all trademarks and other materials used on the Apostle Site. You may use the information on the Apostle Site and reproduce it in hard copy for personal or non-commercial purposes, provided that you retain any copyright and other proprietary notices or any Apostle trademarks or logos, as shown on the initial printout or download. Except for a purpose or a use permitted by statute, or the prior written consent of Apostle, you must not copy, modify, sell, distribute, adapt, publish, frame, reproduce or otherwise use any of the material or Apostle trademarks or logos on the Apostle Site. You shall not in any circumstances obtain any rights over or in respect of the Apostle Site (other than rights to use the Apostle Site pursuant to the Terms and any other terms and conditions governing a particular service or section of the Apostle Site) or hold yourself out as having any such rights over or in respect of the Apostle Site.
The Apostle Site may provide information, articles and materials, or hyperlinks to such, that are written or prepared by people who are not associated with Apostle. This material is only provided for your interest and convenience. Apostle does not monitor or investigate such sites and Apostle accepts no responsibility or liability for the content or accuracy of this material and any opinion expressed in the material should not be taken as an endorsement, recommendation or opinion of Apostle. Your linking to any other website is at your own risk.
Under no circumstances are you to create a hyperlink to any of the pages on the Apostle Site, unless Apostle provides you with its prior consent to do so. If you do create a link to any of the pages on the Apostle Site, you acknowledge that you are responsible for all direct or indirect consequences of the link, and you indemnify Apostle for all loss, damage, liability, costs or expense arising from or in connection with the link.
Apostle reserves the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation, the right to block access to the Apostle Site and from a particular internet address to the Apostle Site.
The Terms are governed by the laws applicable in New South Wales, Australia. Apostle and any visitor to the Apostle Site, or anyone using the services available on or through the Apostle Site each submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
