General
No offer
The material on this Website is provided for information purposes only. The material on this Website does not constitute, and is not intended to constitute, an offer, invitation, inducement, solicitation or recommendation to subscribe for or purchase any security or other instrument (including, without limitation, as any of those terms are defined or used in the Australian Corporations Act 2001 (Cth) (“Corporations Act”), the US Securities Act of 1933, as amended, (“US Securities Act”), the Securities and Futures Ordinance (Cap. 571) (“SFO”) of Hong Kong, the Securities and Futures Act (Chapter 289 of Singapore), as modified or amended from time to time) (“SFA”), the Financial Markets Conduct Act 2013 of New Zealand (“FMC Act”) and Directive 2014/65/EU (as amended, “MiFID II”), Directive 2002/92/EC, Directive 2003/71/EC (as amended) or Regulation (EU) No 1286/201 (“PRIIPS Regulation”) in relation to the European Economic Area).
Neither this Website, nor any material on this Website, shall form the basis of any contract or commitment in connection with any securities or other instruments whatsoever. No issue or sale of any securities or other instruments described on this Website will occur in any jurisdiction in which such offer, invitation, inducement, solicitation, recommendation or sale would be unlawful.
Limitations on distribution
The material on this Website is confidential, and may not be published, copied, reproduced, distributed or disclosed (in whole or in part).
The material on this Website is for distribution only in such circumstances as may be permitted by all applicable laws (including without limitation the laws of in any jurisdiction in which an investor may be located). Each person accessing this Website confirms that they are a person who is entitled to do so under all applicable laws, regulations and directives in all applicable jurisdictions. Unauthorized use of this Website or misuse of any material on this Website is strictly prohibited.
Limitation of liability
None of Fleet Partners Pty Limited (ABN 63 006 706 832), Eclipx Group Limited (ABN 85 131 557 901) nor any of their related bodies corporate (together, “Eclipx Group”) warrants the fairness, accuracy, adequacy, currency or completeness of any information contained in or referred to in the material on this Website. To the maximum extent permitted by law, neither the Eclipx Group nor its directors, employees, agents or advisers accepts any liability whatsoever for any loss (including, without limitation, any liability arising from any fault or negligence on the part of the Eclipx Group or its respective directors, employees, agents or advisers) arising from the access or use of, or otherwise in connection with, the material on this Website (whether or not caused by any negligent act or omission). If any law prohibits the exclusion of such liability, the Eclipx Group limits its liability, to the extent permitted by law, to the resupply of the material on this Website.
Without in any way limiting the above, the Eclipx Group, to the maximum extent permitted by law, will under no circumstances be liable to any party, regardless of the form of action, for any lost profits or lost opportunity, or any indirect, special, consequential, incidental or punitive damages whatsoever, even if a member of the Eclipx Group has been advised of the possibility of such damages.
Information from other sources
Without in any way limiting the above, the Eclipx Group shall not be responsible for the content of any other site accessed via this Website. That information is the responsibility of the site owner and the Eclipx Group has no control over it. Links to other sites are provided for convenience only and do not represent any endorsement by the Eclipx Group of the products offered by the site owner. The Eclipx group is acting solely in the capacity of a carrier of the information on an “as is” basis by conveying it directly or indirectly from the provider to you. Responsibility for the information remains entirely with the providers of that information. Each user of this Website is responsible for ascertaining the accuracy of information sourced from or attributable to persons other than the Eclipx Group.
No advice, recommendation or reliance
The material on this Website is of a general nature only and does not contain any recommendations or advice (including, without limitation, any financial, investment, tax, accounting or legal recommendations or advice). A credit rating is not a recommendation by any member of the Eclipx Group or any rating organisation to buy, sell or hold securities and may be subject to revision or withdrawal at any time by the assigning rating organisation.
The material on this Website is not to be relied upon as being fair, accurate, adequate, complete or up to date, or suitable for your intended use. All information is subject to change without notice, and any information may be removed at any time. Neither the Eclipx Group nor any other party has any duty to maintain or update any materials on this Website.
Before making any investment decision or otherwise acting upon information contained or referred to in this Website, investors should seek independent professional advice that takes into account their financial situation, investment objectives, legal position, particular needs and/or other personal circumstances.
The material on this Website is not to be used for any purpose other than as expressly permitted by these Terms of Use and the User Agreement and it is not to be construed as an indication or prediction of future results.
Any forecasts included in the material on this Website are not to be taken to be representations as to future matters. These forecasts are based on a large number of assumptions and are subject to significant uncertainties, vagaries and contingencies, some if not all of which are outside the control of the Eclipx Group. No representation is made that any forecast will be achieved. Actual future outcomes may vary significantly from forecasts.
Conflicts
The Eclipx Group may have its own interests in relation to the securities or other instruments described on this Website, and these interests may conflict with yours.
In Australia
The material on this Website is for distribution only to sophisticated investors, professional investors or other investors for whom disclosure is not required under Part 6D.2 or Part 7.9 of the Corporations Act, who are also not “retail clients” within the meaning of Chapter 7 of the Corporations Act and provided receipt of such material otherwise complies with all applicable laws, regulations and directives (including, without limitation, the financial services licensing requirements of the Corporations Act) and does not require any document to be lodged with ASIC or any other regulatory authority in Australia.
In the United States
The material on this Website is not directed to the United States or to U.S. persons (within the meaning of (A) Regulation S under the US Securities Act and (B) the Risk Retention Regulations implemented by the SEC pursuant to Section 15G of the Exchange Act (“US Risk Retention Rules”)) and any securities or other instruments described on this Website have not been registered under the US Securities Act, and may not be offered, sold or delivered within the United States or to, or for the account or benefit of, U.S. persons (within the meaning of (A) Regulation S under the US Securities Act and (B) the US Risk Retention Rules), expect pursuant to an exemption from, or in a transaction not subject to the registration requirements of the US Securities Act, the US Risk Retention Rules and any applicable state or local securities laws. Due to legal restrictions, access to this Website and the material on it is not available to residents of the United States or to non-US residents from inside the United States.
In Hong Kong
The material on this Website is directed only to persons outside Hong Kong or to “professional investors” as defined in the SFO as amended and including any rules made under that Ordinance (“Hong Kong Professional Investor”). The materials on this Website are available only to such persons. If you are a person of any other description, you must not access the material on this Website.
In Singapore
The securities and other instruments described on this Website, or any information memorandum or other offering document have not been and will not be registered with the Monetary Authority of Singapore. In Singapore, the material on this Website is directed only at persons who are (i) an institutional investor under Section 274 of the SFA, (ii) a relevant person pursuant to Section 275(1), or any person pursuant to Section 275(1A) of the SFA, and in accordance with the conditions specified in Section 275 of the SFA or (iii) otherwise any person pursuant to, and in accordance with the conditions of, any other applicable provision of the SFA (“Singapore Relevant Person”).
If you are a person of any description other than set out above, you must not access the material on this Website.
In the European Economic Area
In member states of the European Economic Area, the material on this Website is directed only at persons who are not retail investors.
For the purposes of this provision, the expression “retail investor” means a person who is one (or more) of the following: (i) a retail client as defined in point (11) of Article 4(1) of MiFID II, (ii) a customer within the meaning of Directive 2002/92/EC (as amended), where that customer would not qualify as a professional client as defined in point (10) of Article 4(1) of MiFID II or (iii) not a qualified investor as defined in Directive 2003/71/EC (as amended) (“EU Retail Investor”).
If you are an EU Retail Investor, you must not access the material on this Website.
In New Zealand
In New Zealand, the material on this Website is directed only to persons who are “wholesale investors” as that term is defined in clauses 3(2)(a), (c) and (d) of Schedule 1 to the FMC Act, being a person who is:
an “investment business”;
“large”; or
a “government agency”,
in each case as defined in Schedule 1 to the FMC Act (“New Zealand Wholesale Investor”).
If you are a person of any description other than set out above, you must not access the material on this Website.
In all jurisdictions
No representation is made that any action has been taken in any country or jurisdiction by the Eclipx Group that would permit access to this Website or material on this Website, in any country or jurisdiction where action for that purpose is required.
The Eclipx Group does not represent, and should not be taken to have represented, that your access to this Website complies with any applicable laws, regulations or directives or any other requirements in any jurisdiction.
You must ensure that your access to this Website complies with all applicable laws, regulations and directives (including without limitation any jurisdiction from which you access this Website and your jurisdiction of residency, whether or not that jurisdiction has been specifically provided for above).
User Agreement
By proceeding to access this Website or any material, you are taken to represent and warrant to, and confirm and agree for the benefit of, Fleet Partners Pty Limited (ABN 63 006 706 832), Eclipx Group Limited (ABN 85 131 557 901) and each of their related bodies corporate (together, “Eclipx Group”) the following:
You:
are a sophisticated investor, professional investor or other investor for whom disclosure is not required under Part 6D.2 or Part 7.9 of the Corporations Act, are not a “retail client” within the meaning of Chapter 7 of the Corporations Act and receipt by you of the material on the Website otherwise complies with all applicable laws, regulations and directives (including, without limitation, the financial services licensing regime) and does not require any document to be lodged with AISC or any other regulatory authority in Australia;
are not a resident of the United States, accessing this Website from within the United States or a U.S. person (within the meaning of (A) Regulation S under the United States Securities Act of 1933 or (B) the Risk Retention Regulations implemented by the SEC pursuant to Section 15G of the Exchange Act), nor are you acting for the account or benefit of a U.S. person;
if accessing this Website from within Hong Kong, are a Hong Kong Professional Investor;
if accessing this Website from within Singapore, are a Singapore Relevant Person;
if accessing this Website from within the European Economic Area, are not an EU Retail Investor;
if accessing this website from New Zealand, are a New Zealand Wholesale Investor; and
regardless of the jurisdiction you are accessing this Website from, you are entitled to access this Website under all applicable laws, regulations and directives and your access to this Website does not violate any applicable laws, regulations or directives (including without limitation the laws of the jurisdiction from which you are accessing this Website and your jurisdiction of residency),(each such person who satisfies the above conditions being a “Permitted User”).
You have read and understood the Terms of Use and agree to those terms, Without limiting this, you acknowledge and agree that the limitations and exclusions set out in the Terms of Use are reasonable having regard to all the relevant circumstances and the levels of risk associated with each party’s obligations under those Terms of Use.
You will keep confidential, at all times, the material on this Website. Without limiting this, you acknowledge, confirm and agree that you will not make a copy of any material on this Website available to, or distribute a copy of or otherwise disclose such material to, any person who is not a Permitted User.
You will conduct your own investigation and analysis regarding any information, statements, representations or other material on this Website, and will rely on your own judgement and enquiries, and seek appropriate professional advice in connection with the material on this Website.
Capitalised terms used but not defined in this User Agreement have the meaning given to them in the Terms of Use.
The Terms of Use and this User Agreement are governed by, and will be construed in accordance with, the laws in force in New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales and any courts that may hear appeals from those courts in respect of any proceedings in connection with the Terms of Use or this User Agreement.
By accessing any of the material or information on this Website you are taken to have read, understood and agreed to the terms of this User Agreement.
