Terms

By viewing the contents of or using this website, you as a User of this website agree to all of the following Terms and Conditions outlined in this notice without limitation or qualification (‘Terms’):

Use of this Website

  • For the purposes of this disclaimer, unless an intention to the contrary is expressed, the term ‘Sage Capital’ includes Sage Capital Pty Ltd (ACN 632 839 877 / AR No. 001276472), its affiliates and its Related Bodies Corporate (as that term is defined in the Corporations Act 2001 (Cth)) (together, ‘Sage Capital’), all of which are represented in the domain name www.sagecap.com.au (‘Website’).
  • The Website may contain general information about our products and services. Unless expressly stated otherwise, the Website does not:
    • constitute an offer or inducement to enter into a legally binding contract;
    • form part of the terms and conditions for our products and services;
    • purport to provide you with personal financial or investment advice of any kind; or
    • take account of your particular financial position or requirements.
  • You should not act on the basis of any information accessed at or through this Website without obtaining and considering appropriate professional advice specific to your own circumstances.
  • This website is only for the use by persons within Australia. The products described in the website are only available to persons accessing it within Australia.
  • Before making a decision in relation to any Sage Capital product, you should obtain and consider the appropriate Product Disclosure Statement or equivalent offer document.

Disclaimer of Liability

  • To the maximum extent permissible by law, Sage Capital excludes all liability, including for negligence, to you or any person in respect of any direct, indirect or consequential loss or damage occurred in whole or partial reliance on all or any part of the information accessed at or through this Website.
  • Sage Capital makes no representations or warranties of any kind, either express or implied, including (without limitation) warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.
  • Whilst all reasonable care has been taken in providing this information, Sage Capital:
    • does not warrant the accuracy and completeness of information accessed at or through this Website; or
    • does not accept any responsibility for any action taken in reliance thereon by any party who views the contents of or uses this Website.
  • Sage Capital may make changes to the materials on this Website at any time without notice. The materials on this Website may be out of date, and Sage Capital makes no commitment at any time to update the materials on this Website.
  • Nothing in these Terms excludes, restricts or modifies the application of the provisions of any statute (including the Competition and Consumer Act 2010) where to do so would contravene that statute or cause any part of these Terms to be void.
  • Sage Capital is not liable for any reason if the Website is not available at any time or for any period.

Copyright

  • The intellectual property rights owned or licensed by Sage Capital and used on the Website are protected by national and international copyright laws and treaties. All such rights are reserved.
  • You must not modify any materials you have printed off or downloaded from the Website and acknowledge Sage Capital as the author of material on the Website at all times.

User Account

  • Upon completion of our registration process, including satisfaction of any required verification checks and acceptance by us, we may open an account in your name in our systems that will enable you to access and use the Website in accordance with the provisions on these Terms (‘User Account’).
  • In order to access your User Account, you will be asked to choose a username and password (‘Access Codes’).
  • Each time you seek to access your User Account, we will check your identity by asking for your Access Codes. As long as your correct Access Codes are entered, we will assume that you are the person accessing your User Account unless you notify us otherwise in accordance with these Terms.
  • You must therefore keep the Access Codes secret and secure and make sure that they are not selected or stored in a way that enables others to access them or impersonate you. In addition, if you disclose the Access Codes to any person whom you authorize to access your User Account, you are also responsible and liable for any access, use, misuse or disclosure of your Access Codes or your User Account by such person.
  • You must notify us immediately if you discover or suspect that the security of your Access Codes may have been breached. If we receive such a notification from you or determinate ourselves that the security of your Access Codes may have been breached, we may elect to cease access to your User Account and you will not be able to access the Site until measures have been taken to verify your identity.
  • You undertake not to use the Website to use or attempt to use another person’s User Account without authorization from us, or to create a false identity in relation to the Website.
  • We have the right to disable any User Account, whether chosen by you or determined by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

Termination and Assignment

  • We may terminate your User Account and Website access for any reason at any time, with or without notice. Upon the termination of your User Account, your access to the Website will be terminated and we will have no obligation to store or provide you with access to any information relating to your activity on the Website.
  • You may not assign any part of these Terms without our written consent, but we may assign these Terms to any associated companies or affiliates without notice to you.

Links to Third Party Websites

  • Any links to third party websites on this Website are provided solely as a convenience to you and such links are not in any way an association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked website or its content, unless an express statement stating otherwise is made. Should you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. Sage Capital accepts no responsibility for any loss or damage caused from your use of the third party websites.

Viruses and Hacking

  • Sage Capital does not guarantee or warrant that any files available for downloading through this Website will be free of infection or viruses, worms, trojan horses or other code that, in so far as technology is concerned, manifests contaminating or destructive properties. You are entirely responsible for implementing sufficient programs, practices and procedures to satisfy your particular requirements for technological functionality, the accuracy of data input and output, and for maintaining an appropriate means for the recovery of any lost data.
  • You must not knowingly introduce viruses, worms, trojan horses or other code that threatens the security of the Website or User Accounts or attempt to gain unauthorised access. By breaching this provision, you may commit a criminal offence and be reported to the relevant law enforcement authority.

Applicable Law

  • These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia (‘NSW’), without giving effect to any principles of conflicts of law, notwithstanding that any such conflicts of law may involve the laws of a foreign jurisdiction. Any legal proceedings arising out of or in connection with the use of this Website must be commenced in the appropriate court in NSW.  If you view the contents of or use this Website from locations outside of NSW, you are solely responsible for compliance with the laws of the jurisdiction in which you view the contents of or use this Website.
  • If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms, and shall not affect the validity and enforceability of any remaining provisions in these Terms.
  • Sage Capital may revise these Terms at any time by updating this Website. You are bound by any such revisions and should therefore periodically revisit this page to review the then current Terms by which you are bound.

Changes to these Terms and Conditions

  • These Terms and Conditions may be revised at any time without notice, and will be effective as at the date of such update. Your subsequent use or access to this Website after any changes will be considered acceptance of those changes.
  • If you have any questions or concerns about these Terms or any material on our website, please contact us at enquiries@sagecap.com.au.