By accessing or using our website, you agree to the terms of use set out below,
including our Privacy Policy. We may change the terms of use at our discretion
and without notice.
Errors and omissions
We take care in compiling the information that appears on our website and update it
from time to time. However, inadvertent errors can occur. Electronic communication
has inherent hazards and the law may change. In spite of our efforts, there may be
unintended delays, omissions or inaccuracies in information contained on this website.
Information not advice
The information on this website is not advice. You should not act or fail to act on the
basis of information appearing on this website without first seeking advice appropriate
to your circumstances.
Security
We do not warrant that this website is free from anything which may damage any
computer which accesses this website or data on such computer.
The Internet is not a secure medium and communications to and from this website
may be intercepted or altered in transit.
Limitation of liability
To the maximum extent permitted by law, we will not be liable to any person for loss or
damage of any kind (however caused, including by negligence) arising from or relating
in any way to the information appearing on our website, access to our website and/or
use of our website.
Relationship
Your access to or use of this website or the receipt of any information from us or through
our website does not create a professional-client relationship between you and Infinitum
Capital Management or any associated company or person.
SPAM
Infinitum Capital publishes electronic addresses on this website to facilitate communication
relating to our business functions. This does not constitute an invitation to send us unsolicited
commercial emails or SPAM which do not relate to Infinitum Capital business.
Contact Us
If you have any questions relating to these terms of use, please contact Sam Novak via
the Contact Us section of this website.The information on this Website is for information
purposes only. It is believed to be reliable, but we do not warrant its completeness,
timeliness or accuracy. You access, use, and rely upon such content at your own risk.
Please seek the advice of professionals as necessary regarding the evaluation of any
content on this Website. The information on this Website is not intended as an offer or
solicitation for the purchase of any stock, any other security or any financial instrument or
to provide any investment service or investment advice in any jurisdiction.
Your Responsibilities
You agree that (i) you will not engage in any activities related to this Website that are contrary
to applicable law, regulation or the terms of any agreements you have with us, and (ii)
in circumstances where locations of this Website require identification for access, you will
be responsible for protecting your user identification name ("Username") and password from
unauthorised use and disclosure. You will notify us immediately if you become aware of and
believe there has been any breach of security of your information. You agree that you will
not use any robot, spider, other automatic device or manual process to monitor or copy our
web pages, data or the content contained herein or for any other unauthorized purpose without
our prior express written permission.
Australian Residents Only
This Website is controlled and maintained by us in Australia and no representation is made that
the information contained in this Website is appropriate for use in locations outside of Australia.
You will represent and warrant that you are (i) an Australian resident, (ii) not a US resident, (iii)
not a US person and to the extent that you access this Website from locations out of Australia,
you will be responsible for compliance with any applicable local laws.
Links to Other Sites
Any links to unaffiliated websites are provided solely for your convenience only and we have
no control over the content on such unaffiliated websites. If you choose to link to a website
we do not control, we make no warranties, either express or implied, concerning your use
of or inability to use such site, the content of such site, including the accuracy, completeness,
reliability, or suitability thereof for any particular purpose, nor do we warrant that such site
or content is free from any claims of copyright, trademark, or other infringement of the rights
of third parties or that such site or content is devoid of viruses or other contamination. We do
not guarantee the authenticity of documents on the Internet or such other unaffiliated sites.
Links to unaffiliated sites do not imply any endorsement of or responsibility for the opinions,
ideas, products, information, or services offered at such sites, or any representation regarding
the content at such sites and we expressly disclaim any such endorsement or representation.
In addition, these third party websites may have a privacy policy or security practices different
from this Website so it is important to read the policies of those sites before sharing your
personal information.
Suitability and Appropriateness
Securities or financial instruments mentioned in the Website may not be suitable or appropriate
for all investors. Your particular needs, investment objectives and financial situation were not
taken into account in the preparation of this Website and the materials contained herein. You
must make your own independent decisions regarding any securities or financial instruments
mentioned herein. The fact that Infinitum Capital Management has made available to you
through the Website, investment opinions and other information constitutes neither a
recommendation that you enter into a particular transaction nor a representation that any
financial instrument is suitable or appropriate for you. You should consider whether an
investment strategy or the purchase or sale of any product is appropriate for you in the light
of your particular investment needs, objectives and financial circumstances. Please note that
Infinitum Capital Management does not guarantee the performance of any financial products
included on this Website.
Potential Disruption of Service
You shall be responsible for obtaining and maintaining all telephone, computer hardware,
software, and other equipment needed to access and use this Website. Access to this Website
may from time to time be unavailable, delayed, limited or slowed due to causes beyond our
control.
If access to this Website is unavailable, delayed or limited, or if this Website does not operate
quickly and efficiently you may be unable to retrieve information on a timely basis. If your
operations are dependent on such communications with us, and such communications are
disrupted or delayed, you may suffer losses. Infinitum Capital Management will not be liable
for any such loss.
Indemnification by User
The User (You) will indemnify Infinitum Capital Management and its affiliates and their
directors, employees and associates from any claims, losses, expenses and damages,
including (but not limited to) reasonable legal fees as a result of or relating to:
(i) any breach of these Terms by the User; and/or
(ii) any unauthorised receipt or use of the content in the Website by the User; and/or
(iii) any unauthorized use of the content in the Website by a third party as a result of the
User’s receipt and use of the Website.
Limitation of Liability
Due to the possibility of human and mechanical error as well as other factors, the Website
(including all information and materials contained on the Website) is provided "as is" and
"as available".
No license to the User is implied in these disclaimers. Nothing herein shall be construed
as limiting or reducing our responsibilities and obligations to clients in accordance with
applicable laws and regulations. Under no circumstances will we be liable for any lost profits,
lost opportunity or any indirect, consequential, incidental, special, punitive, or exemplary
damages arising out of any use of or inability to use the Website or any portion thereof,
regardless of whether we have been apprised of the likelihood of such damages occurring
and regardless of the form of action, whether in contract, warranty,
tort(including negligence), strict liability, or otherwise.
Online Communication
Communications that are sent to us via email or other electronic means may not be secure or
received by us therefore it is not recommended that confidential information is sent by such
means. You accept any risks that the information sent by such means may not be received
by Infinitum Capital Management and/or be intercepted or altered by a third party
Amendment
We or our suppliers may discontinue or make changes in the information, products or services
described herein at any time without prior notice to you and without any liability to you. Any
access thereafter or use by you of the Website will constitute an acceptance of these changes.
Any dated information is published as of its date only or, if no date is stated, the date of first
posting. We do not undertake any obligation or responsibility to update or amend any
information on this Website.
Governing Law and Interpretation
If any of these Terms shall be held to be unenforceable, the remaining terms and provisions
shall be unimpaired and the unenforceable term or provision shall be replaced by such
enforceable term or provision as comes closest to the intention underlying the unenforceable
term or provision. These Terms shall be subject to any other agreements you have entered
into with us. The section headings used herein are for convenience only and shall not be
given any legal import.
Your access to and use of the Website, and these Terms are governed by the laws of the
State of New South Wales and the Commonwealth of Australia. In addition, any action against
Infinitum Capital Management arising from or relating to your access to and use of the Website,
and these Terms, must be brought by you in the State of New South Wales.
Termination
We reserve the right to terminate any or all website offerings or transmissions without prior
notice to you. Furthermore, no distribution or solicitation is made by us to any person to use
this Website or the information, products or services in jurisdictions outside of Australia.
Material interests
Infinitum Capital Management and its affiliates and their directors, employees and associates
may have or have had interests or positions, or traded the relevant securities, funds or other
financial products contained in this Website.