Terms and Conditions
This website (Site) is operated by Woodbridge Capital Pty Ltd ACN 656 985 572 (we, our or us). It is available at: woodbridgecapital.com.au and may be available through other addresses or channels.
All Website content in respect of the Woodbridge Secured Income Fund (WSIF) (ARSN 675 031 268) is issued by Equity Trustees Limited (ABN 46 004 031 298) (AFSL 240975) (Equity Trustees).
This Website includes documents and information relating to financial products that are available to wholesale clients only (Wholesale Funds). Any document or Information on this Website relating to a Wholesale Fund is only intended to be provided to persons in Australia and New Zealand if that person is a wholesale client. This information is not intended to be distributed or passed on, directly or indirectly, to any ‘retail clients’ under Corporations Act 2001 (Cth) or the Financial Markets Conduct Act 2013. It is being supplied to wholesale clients solely for their information and may not be reproduced, forwarded to any other person or published, in whole or in part, for any purpose.
Not Financial Advice
This Website does not constitute an offer to sell or buy any interest in any fund managed by us (Funds). Nothing on this Website constitutes professional, legal, financial, tax or investment advice nor does any information on this Website constitute a comprehensive or complete statement of the matters discussed or the relevant law. Should you wish to invest directly in a Fund referred to in this website you must only do so on the basis of a current disclosure document being, in the case of WSIF the product disclosure statement (PDS), either downloaded from this Website or provided by us.
The information provided on this Website is of a general nature only and has been prepared without taking into account your objectives, financial situation or needs. Before making an investment decision in respect of any Fund, you should consider the current disclosure documents or PDSs, in respect of the relevant Fund and assess whether that Fund is appropriate given your objectives, financial situation or needs. If you require advice that takes into account your personal circumstances, you should consult a licensed or authorised financial adviser.
An investment in a Fund is subject to investment and other known and unknown risks, some of which are beyond the control of Woodbridge and Equity Trustees (as applicable), and the Fund, including loss of income and capital invested. You should have regard to the risks outlined in the risks section of the Fund’s PDS or disclosure document.
Neither Woodbridge and Equity Trustees, or any of its related bodies corporate or any person guarantees repayment of capital or any particular rate of return from any Fund or gives any representation or warranty as to the currency, reliability, completeness or accuracy of the information contained in this Website. All opinions and estimates included in this Website constitute judgments of Woodbridge as at the date of Website creation and are subject to change without notice. Past performance is not a reliable indicator of future performance.
Consent
By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our Site). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
Variations
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
License to Use Our Site
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited Conduct
You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using our Site to defame, harass, threaten, menace or offend any person;
(c) interfering with any user using our Site;
(d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
(e) using our Site to send unsolicited email messages; or
(f) facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors
You are prohibited from using our Site, including the Content, in any way that competes with our business.
Information
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property Rights
Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
User Content
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third Party Sites
Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and Disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free or free from viruses; or
(c) our Site will be secure.
You read, use and act on our Site and the Content at your own risk.
Limitation of Liability
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Indemnity
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction
Your use of our Site and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
Woodbridge Capital Pty Ltd ACN 656 985 572
Email: info@woodbridgecapital.com.au
Last update: March 2024