Legal Notice

Terms of Use

These Terms of Use (“agreement”) is a legal agreement between you and Devwest Group Pty Ltd (“Devwest”, “we”, “us” or “our”) providing, among other things, the terms and conditions for your use of this website.

By accessing this website, you agree to the terms of use.

Agreement changes

We may change the terms of this agreement at our discretion and without notice. You will be deemed to have accepted the terms of this agreement (as amended) if you access or continue to access the website after any amendments are made to terms of this agreement.

General information

Information on this website is of a general nature only and any examples or forecasts are provided for illustrative purposes. The information does not take into account your individual objectives, financial situation or needs. We recommend that you obtain financial, legal and taxation advice before making any decision.  Any price is not a valuation and should not be relied on or treated as such.   Prices may not include GST.

Dollar amounts

Any references to currency or amounts on this website are in Australian dollars, unless otherwise specified.

Applicable law

These terms of use are governed by the law of Western Australia, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Western Australia and its appellate courts. The venue for the adjudication or disposition of any such claim, action or dispute will be in Western Australia.

Currency

The content of this website is current only on the day it is placed on the website. We make no assurance that the content will be updated immediately or at all.

We may change the terms and conditions of this website at our discretion and without notice. By continuing to use this website you accept the terms and conditions, as varied from time to time. This disclaimer is in no way limited or altered by any other terms or conditions on this website.

Copyright

Unless otherwise indicated, we own or are licensed to use all intellectual property (including without limitation copyright, trademark and designs) subsisting in the materials on this website. To the extent allowed by law, no part of this website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.

All names, logos and trademarks on this website are the property of their respective owners. Nothing on this website should be interpreted as granting any rights to commercial use or distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

Virus warning

We do not guarantee that the material on this website is free from viruses or any other defects, although due care has been taken to minimise the risk.

Limitation of liability

To the extent legally permitted, we are not liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type related to or arising from: (a) this website; (b) any use of this website or of any site or resource linked to, referenced or accessed through this website; or (c) the use or downloading, or access to, any materials, information, products or services, including (without limitation) any lost profits, business interruption, lost savings or loss of programs or other data. These exclusions apply even if we are expressly advised of the possibility of such damages and extend to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these terms of use and our maximum aggregate liability to you for all losses, damages and other amounts referred to in the above exclusions of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.

Indemnity

You agree to indemnify, defend and hold harmless Devwest from and against all losses, expenses, claims, proceedings and damages of every kind due to or arising out of any violation of these terms of use, the rights of another party or any applicable law or arising out of any activity related to your account, by you or any other person accessing this website using your Internet account. The indemnity in this clause extends to and applies for the benefit of our officers, directors, employees, agents, contractors, licensors and suppliers.

Disclaimer of warranty

You use this website at your sole risk. To the extent legally permitted, all materials, information, products, programs and services are provided “as is”, with no warranties, conditions, representations or guarantees (Warranties) whatsoever. To the extent legally permitted, Devwest expressly disclaims all implied, statutory and other Warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, we do not represent or warrant that the functions within this website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the website or the server that makes this website available is free of viruses or other harmful elements. You agree that in using this website you have not relied on any Warranty made by us not expressly contained in these terms of use. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.

If applicable law prohibits the exclusion of any of the Warranties referred to above, to the extent legally permitted, Devwest limits its liability for breach of any such Warranties to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at its sole discretion.

Password security

If you are allocated a password to access any part of this website, you are responsible to prevent the password being disclosed to any third party.

Accuracy and use of information

Except as otherwise provided, Devwest makes no statement regarding the accuracy, currency and correctness of the material and information contained on this website. Neither Devwest nor its directors and officers, accept responsibility for any errors or omissions which may subsequently be found evident on this website.

No person should take action on reliance of the material contained on this website, but instead should satisfy themselves independently of the appropriateness of such action.

Past performance

Past performance of any product or investment (including managed investment schemes) described on this website is not a reliable indication of future performance.

Forward-looking statements

Statements contained on this website and in information published by us from time to time may include statements of future expectations. Forward-looking statements are not guarantees of future performance and involve known and unknown risks, uncertainties, assumptions and other important factors, many of which are beyond the control of Devwest. Such statements are subject to risk and uncertainties that could cause actual results to differ materially from those projected.

Website links

All external links located within this website are for reference only. We do not recommend or endorse the company, product or service associated with the external link. We are not responsible for the content of any site linked to this website.

Log files

We may use IP addresses to analyse trends, administer the website, track user’s movement, and gather broad demographic information. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our website servers automatically log standard access information including browser type, access times, open mail, URL requested and referral URL.

Use of Cookies

We may use a browser feature called a ‘cookie’ to collect information anonymously and track user patterns on our website. A cookie is a small text file that is placed on your hard disk by a website. Cookies contain a unique identification number that identifies your browser, but not you, to our computers each time you visit our website. Cookies tell us which pages of our websites are visited and by how many people.

The use of cookies is an industry standard and many major browsers are initially set up to accept them. You can reset your browser to either refuse to accept all cookies or to notify you when you have received a cookie. However, if you refuse to accept cookies, you may not be able to access or use all of the features available on our website.

SPAM

We may publish electronic addresses on this website to facilitate communication relating to our business functions. This is not to be inferred as consent by us or the relevant addressees to receiving unsolicited commercial messages or SPAM as referred to in the Spam Act 2003 (Cth).

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