Terms and conditions

General terms

Your access to this website is subject to the terms set out below.  By accessing this website, you acknowledge that you have read these Terms of Use, together with any other terms and conditions or other statements, notices or disclaimers contained on this website.

This website, www.eleuthera.com.au, including all of its pages, information and content is owned and operated by Eleuthera Investments Pty Ltd (AFS Licence No.507741) ("Eleuthera").  The sole purpose of this website is to provide general information on Eleuthera’s business. The Eleuthera website may contain links to websites owned or operated by third parties ("Third Party Websites").  The information on the Third Party Websites may not be current.  Eleuthera does not endorse, approve or recommend the Third Party Websites, or the information, products or services referred to in or contained on, the Third Party Websites.

Eleuthera is not responsible for the content or privacy practices associated with Third-Party Websites.

While Eleuthera takes reasonable care to prevent the introduction of viruses on to the website, Eleuthera does not guarantee that the website is free from viruses and by using or accessing the website you acknowledge that no transmission over the internet can be guaranteed to be error-free or free from viruses or other harmful code.  You acknowledge that Eleuthera will not be responsible for any corruption or failed transmission of any information caused by circumstances outside the reasonable control of Eleuthera, including the failure of or disruption to your computer system, or the system or any act or omission of your Internet Service Provider.  You agree not to use any device, software or process to interfere or attempt to interfere with the functionality of this website.

Eleuthera has taken all reasonable steps to ensure the accuracy of the information on this website, and Eleuthera, its officers, employees and agents (Relevant Persons) believe that the information is accurate at the time of compilation.  However, you acknowledge and agree that the website and the information contained on the website are made available to you on an “as is” and “as available” basis and that the use of this website is at your sole risk. To the maximum extent permitted by law, the Relevant Persons disclaim all responsibility for any loss or damage which you may suffer from your reliance on the information contained on the website, or any opinion, conclusion or recommendation in the information, whether the loss is caused by any fault or negligence on the part of Eleuthera (including its officers, employees and agents) or otherwise.

To the maximum extent permitted by law, none of the Relevant Persons make any representation or warranty as to the quality, accuracy, reliability, timeliness or completeness of information in this Website or a Third-Party Website.  Eleuthera does not undertake to keep this website updated, and all information is subject to change without notice.

Revisions to the Terms of Use

Eleuthera may, in its absolute discretion, modify, amend or replace these Terms of Use from time to time and those modifications or amendments, or the replacement Terms of Use, will be binding on you once displayed on this website.  While Eleuthera will use its reasonable endeavours to notify you of the modification of, amendment to or replacement of these Terms of Use, Eleuthera has no obligation to notify you of such modifications or amendments so it is recommended that you periodically view the Terms of Use before accessing this website.

Access to this website may be terminated at any time by Eleuthera without notice.  All disclaimers by Eleuthera will survive termination.

Wholesale investors only

The information is provided for Australian residents or citizens who are currently located in Australia and are deemed to be Wholesale Clients under section 761G of the Corporations Act 2001 (Cth) (the "Act").  The products and services described on this website are not available to any person who is a retail client within the meaning of section 761G of the Act.  The information contained in this website is not an offer or invitation to enter into any legal agreement of any kind.  No statement or information in this website constitutes advice or a recommendation, offer or invitation to invest in any investments, or to acquire, hold or dispose of securities or financial products or use financial services of Eleuthera or any related entity.

No financial product advice

The information contained on this website should be used as general information only.  It does not take into account the particular circumstances, investment objectives, financial requirements or particular needs of any particular investor, or purport to be comprehensive or constitute investment advice and should not be relied upon as such.  You should consult a financial adviser to help you form your own opinion of the information, and on whether the information is appropriate to your individual needs, objectives and circumstances as an investor.  You should consult appropriate professional advisers on any legal, stamp duty, taxation and accounting implications before making any investment decision in any financial product or service.

Any offer or opportunity to invest in a wholesale fund that may be referred to on the website will only be made available pursuant to a Product Disclosure Statement (PDS), a Disclosure Document, an Information Memorandum, a Prospectus or similar document (collectively, Offer Documents) for the relevant fund.  Anyone wishing to invest in a fund will need to obtain a copy of the current Offer Documents for the relevant fund and complete an application form in the prescribed form.  The Offer Documents for the relevant fund should be considered carefully before deciding whether to acquire or hold units in the funds.  Eleuthera does not accept any responsibility for the Offer Documents or the funds except to the extent expressly agreed to in writing by it.

Any forecasts, projections or other forward-looking statements contained in the information in this website may involve significant elements of subjective judgment and assumptions as to future events which may or may not be correct or which may later change.  There are usually differences between forecasts and actual results because events and actual circumstances frequently do not occur as forecast, and these differences may be material.  To the maximum extent permitted by law, we are not responsible for any losses you may suffer as a result of your reliance on any forward-looking statements made on this website for any decision to invest or acquire financial products or services. Past performance is not a reliable indicator of future performance. The value of investments and the income generated by those investments may decline as well as increase, and are not guaranteed.

Limitation of liability

Except in so far as liability arising under any statute or law cannot be excluded, no Relevant Person accepts any liability (whether arising in contract, tort, negligence or otherwise) for any loss or damage of any kind (including direct, indirect and consequential loss, loss of profits, loss or corruption of data, failure to realise expected profits or savings or other commercial or economic loss of any kind) suffered or incurred by the recipient of the information or any other person ("Loss") in connection with the use of this website or any Third Party Websites, nor does any Relevant Person accept any responsibility for any such Loss arising out use of or reliance on information contained or accessed through this website or a Third Party Website.

Indemnity

 You agree to indemnify each Relevant Person from and against Loss, costs, expenses, claims, actions, proceedings and liabilities (including legal costs) reasonably suffered or incurred, whether direct or indirect, by Eleuthera or any Relevant Person as a result of a breach by you of your obligations under these terms and conditions or any wilful, unlawful or negligent act or omission by you as a result of your use of or conduct on this website.

Disclaimer

This website is primarily directed at persons accessing the website from within Australia (see "Wholesale Investors Only" above). Eleuthera does not make any representation that the use of information on this website is appropriate for use in other locations or that access to the content of the website from other locations is not illegal and prohibited.  Persons who choose to use this website from other locations do so on their own initiative and are responsible for establishing the legality, useability and correctness of this website under any or all jurisdictions and the compliance of this website with local laws, if and to the extent local laws are applicable.  The information contained on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Eleuthera to any registration or other requirement within such jurisdiction or country.

Disclaimer - Oasis Management

Oasis Management has not reviewed and does not accept responsibility for the content of this Website and materials contained herein, except as may be otherwise noted. The Strategic Fund is established, managed, administered and operated by Eleuthera Investments and Oasis Management has no involvement in, and accepts no responsibility for, the establishment, management, administration, operation and any other matters relating to the Strategic Fund. Neither Eleuthera Investments nor the Strategic Fund is authorised to make any representation on behalf of Oasis Management or the Oasis Japan Strategic Fund.

Jurisdiction and governing law

These terms and conditions of use are governed by and construed in accordance with the laws of the State of Victoria, Australia.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria (and any courts which may hear appeals from those courts) and waive any right to object to proceedings being brought in those courts in respect of any proceedings in connection with these Terms of Use or this website.

Intellectual property rights

All intellectual property rights (including without limitation copyright and trademarks) in relation to all information provided on this website is owned or licensed by Eleuthera or the relevant third party from whom the information on this website has been obtained. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or other applicable laws, no information contained on this website may be reproduced, adapted, stored, distributed, modified, published or transmitted in any form by any person or incorporated in any way into another document or other material without the prior written consent of Eleuthera.  However, you may print and download information contained on this website solely for your personal use, but only if you do not modify the copy and you preserve all notices of ownership of copyright such as “© Eleuthera Investments Pty Ltd” on the copy. Except as otherwise expressly set out herein, you may not copy, publish, distribute or derive works from, or commercially exploit the content of the Website for any purpose. Nothing in this website should be construed as granting (by implication or otherwise) any licence or right to use any trademark displayed on the website without the prior written approval of Eleuthera or such other third party that may own the trademark displayed on this website. Your use of the trade marks displayed on the website, except as expressly set out herein, is strictly prohibited.