Our Terms and Conditions

Terms & Conditions

This website with URL address http://www.flaggroup.com.au is owned and operated by Flag Asset Management Pty Ltd. (“FAM”). FAM holds an AFSL 459495 and is authorised to provide financial services to wholesale clients only (within the meaning of the Corporations Act 2001 (Cth)). The information on this website has been provided by FAM on this basis and is for use by such wholesale clients only and no other persons.

Should you continue to use this website, you are agreeing to comply with and be bound by the following Terms and Conditions of use which, together with our privacy policy, govern our relationship with you in connection with this website. If you do not agree with any of these Terms and Conditions, please do not use our website.

We may, from time to time, update or amend these Terms and Conditions in our sole discretion. You should therefore carefully read these Terms and Conditions each time you use the website. Any amendments will be posted on the website and will take effect 3 days after such posting.

Your use of this website is subject to the following terms and conditions:

1. Not investment advice:

1.1 The content of this website is for your general information and does not constitute investment advice. It does not take into account your objectives, financial situation or needs and is subject to change without prior notice.

1.2 We do not guarantee the performance of any investment. Any forecasts contained on this website are not guaranteed and are subject to change without notice. When reviewing any historical performance information on this website, you should be aware that past performance is not a reliable indicator of future performance.

2. Privacy:

2.1 FAM collects, stores, uses and discloses personal information in accordance with its Privacy Policy https://flaggroup.com.au/privacy-policy

3. Use of website:

3.1 In order to access some of the functionality of the website, you may need to register a user account. You are solely responsible for the use of your user account and must ensure that you keep all passwords secure. All use of your user account is deemed to be use of the website by you for the purposes of these Terms and Conditions.

3.2 We reserve the right to modify, discontinue or disable the website or any part of the website (on a permanent or temporary basis) at any time. We will, where reasonably practicable and possible, endeavour to provide you with prior notice of such modifications, discontinuations or disabling by posting such notice on the website.

4. Liability and Indemnity:

4.1 Notwithstanding anything in these terms and conditions, certain legislation including the Competition and Consumer Act 2010 (Cth), may imply warranties, conditions or guarantees or impose obligations or remedies which cannot be excluded, restricted or modified except to a limited extent. To the extent that such legislation applies, these terms and conditions must be read subject to those statutory provisions and nothing in these terms and conditions is intended to alter or restrict the operation of such provisions.

4.2 To the fullest extent permitted by law but subject always to clauses 4.1 and 4.3

i. the website and all content is provided to you “as is” and on an “as available” basis, without any representation, warranty, endorsement or guarantee of any kind, whether express or implied except as expressly set out in these Terms and Conditions;

ii. we do not guarantee continuous, uninterrupted or secure access to the website or that its servers are free of computer viruses, bugs or other harmful components or that defects will be corrected. As a result, you may at times experience disruption or other difficulties in using the website;

iii. we exclude all liability for any damages or loss of any kind whatsoever (including without limitation direct, indirect, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit or loss or corruption of data) arising in connection with your access to, or use of, or inability to use or access the website or otherwise in connection with:

(A) your use of, or reliance on, the website (or in any of the content) (including, without limitation, damage or loss arising in contract, tort (including negligence) under statute or otherwise);

(B) any disruption or other difficulties in accessing or using the website; or

4.3 If the statutory provisions outlined in clause 4.1 apply, to the maximum extent permitted by law , we limit our liability in respect of any claim under those provisions to (at our option):

i. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and

ii. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

4.4 You agree to indemnify and hold harmless us and our officers, employees and agents from and against reasonable liability, loss, damage, costs and expense (including, without limitation, reasonable legal expenses) and penalties suffered or incurred by any of them arising out of:

i. your material breach of these Terms and Conditions (noting that for the purposes of this clause, any breach of clause 5 will be deemed material); or

ii. any act of fraud by you or on your behalf.

5. Your obligations and acknowledgements

5.1 You must not use the website to upload or send any content that is, or may be reasonably considered likely to be, material that:

i. is false or misleading, abusive, harassing, threatening, defamatory, offensive, humiliating, vulgar, obscene, pornographic, racist, discriminatory or invasive of another’s privacy;

ii. infringes the intellectual property rights of another party or is otherwise not owned by you;

iii. might encourage any criminal activity;

iv. contravenes any applicable laws, regulations, codes or standards;

v. damages us or our reputation; or

vi. otherwise breaches these Terms and Conditions.

5.2 You must not violate the security of, or otherwise hack into, the website, or our computer systems or otherwise disturb or damage the website or its content.

5.3 You may use the website, including any content on the website, only in the manner permitted by these Terms and Conditions.

5.4 You must not distribute, reproduce, publish, alter, modify or create derivative works from any content on the website without our prior written permission and you must not exploit any content for commercial benefit.

5.5 You acknowledge that:

i. This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information and that we do not recommend or endorse the websites and we have no control over the nature, content and availability of those websites. Your use of third party websites is at your own risk.

ii. Your use of this website and any dispute arising out of your use of it is subject to the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

iii. The content on this website is not intended for use in any jurisdiction where it is contrary to law or may cause us to breach regulations in that jurisdiction (whether by reason of being unlicensed in that jurisdiction or otherwise).

iv. These Terms and Conditions do not govern any financial product or service described on our website unless otherwise agreed. You must refer to the individual terms of issue of the relevant product or service.

6. Registered User Account Additional Terms

6.1 Where you have a registered user account, the information and documents you may access via your user account are confidential and may not be disclosed, copied, reproduced or distributed without our prior written consent except:

i. to directors, officers, employees, independent consultants and contractors of the recipient whose duties reasonably require such disclosure;

ii. to the recipient’s insurance agents, insurance brokers, legal advisers, tax advisers and auditors;

iii. pursuant to any applicable law or regulation or pursuant to the rules or regulations of a recognised securities or stock exchange applicable to the recipient (but only to the extent so required);

iv. if and to the extent that it may be necessary or desirable to disclose to any government or competent authority in connection with applications for rulings, approvals, authorities and consents in relation to any Notes;

v. to any agency, authority, instrumentality or officer of any government or competent authority to whom it is customary for the recipient to disclose information (whether or not legally obliged to do so);

vi. in consequence of contesting any assessment of any tax or other claim or rights relating to matters of tax;

vii. for the purpose of the recipient complying with the provisions of a Note; or

viii. for the purpose of legal proceedings relating to a Note.