Terms and Conditions

Terms & Conditions

Nothing contained on this Website constitutes tax, accounting, regulatory, legal, insurance or investment advice. Neither the information, nor any opinion, contained on this Website constitutes a solicitation or offer by Vega Capital Pty Ltd ACN 625 263 096 (“Vega Capital”). or its affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this Website are the sole responsibility of the visitor. In exchange for using this Website, the visitor agrees to indemnify and hold Vega Capital, its officers, directors, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of this Website, from your violation of these Terms or from any decisions that the visitor makes based on such information.

The investments and strategies discussed in the Website may not be suitable for all investors and are not obligations of Vega Capital or its affiliates or guaranteed by Vega Capital or its affiliates. Vega Capital makes no representations that the contents are appropriate for use in all locations, or that the transactions, securities, products, instruments, or services discussed on this site are available or appropriate for sale or use in all jurisdictions or countries, or by all investors or counterparties. By making available information on the Website, Vega Capital does not represent that any investment vehicle is available or suitable for any particular user. All persons and entities accessing the Web Site do so on their own initiative and are responsible for compliance with applicable local laws and regulations.

All investments involve risk and may lose value. The value of your investment can go down depending upon market conditions. Currency exchange rates may cause the value of an investment to go up or down. Before investing in any type of security it is your responsibility to read its respective prospectus or offering materials.

This Website is for information purposes only and is not intended to be relied upon as a forecast, research or investment advice. The information on this Website does not constitute a recommendation, offer or solicitation to buy or sell any securities or to adopt any investment strategy. Although this material is based upon information that Vega Capital considers reliable and endeavours to keep current, Vega Capital does not assure that this material is accurate, current or complete, and it should not be relied upon as such. Any opinions expressed on this Website may change as subsequent conditions vary. Past performance is no guarantee of future results.

The information and services provided on this Website are provided “AS IS” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Vega Capital disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose. Vega Capital does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this Website and does not warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful components. Vega Capital expressly disclaims all liability for errors and omissions in the materials on this Website and for the use or interpretation by others of information contained on the Website.

Fund and Advisor Disclosures

Investments in a Vega Capital product or client account are not bank deposits and are not insured or guaranteed by Vega Capital or any government agency or any bank. Although a money market fund seeks to preserve the value of your investment at $1.00 per share, it is possible to lose money by investing in the fund. Please carefully consider a fund’s investment objective, risks, charges and expenses before investing.

Trademarks, Copyrights and other Intellectual Property

The content contained on this Website is owned or licensed by Vega Capital and its third-party information providers and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, modify, post, frame or deep link this Website, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on this Website for your personal use provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Website for public or commercial purposes, including all text, images, audio, and video, without Vega Capital’s written permission. Modification or use of the materials for any other purpose violates Vega Capital’s intellectual property rights.

All trademarks, service marks, trade names, and logos displayed on this Website are proprietary to Vega Capital and/or their respective owners. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Website without the written permission of Vega Capital or such other third party that may own the trademark displayed on this Website. Your use of the trademarks displayed on this Website, except as provided herein, is strictly prohibited.

The use of the images displayed on this Website by you, or anyone else authorised by you, is prohibited. Any unauthorised use of the images may violate copyright laws, trademark laws, and the laws of privacy and publicity, and communications, as well as other regulations and statutes. If you download any information from this Website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

Links to Other Websites

Vega Capital may establish links between this Website and one or more websites operated by third parties. Vega Capital has no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement of, or representation or warranty by Vega Capital regarding such websites, the contents of the websites, the products or services of the websites or the operators of the websites. Your access to and use of such linked websites is governed by the terms of use and privacy policies of those sites, and shall be at your own risk. Vega Capital disclaims responsibility for the privacy policies and customer information practices of third-party internet websites hyperlinked from our Website.

Transmissions to and From this Website

Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Website may not be secure.

Account and Transaction Information on this Website

Certain Vega Capital clients may access account information, including transactions, through this Website. Account information is unaudited unless noted otherwise, may be based on estimates. Do not make any investment decisions based on such information as it is subject to change.

Privacy Policy

Please review our Privacy Policy, which is a part of this Agreement and hereby incorporated by reference, to learn about our information collection practices and the measures we take to preserve the privacy and security of your information.

E-mail and Marketing

Individuals who complete the registration process to access the Vega Capital web site are at the same time granting Vega Capital permission to send them e-mail messages for marketing and general communication purposes at the e-mail address they have provided. This service may be discontinued at any time by responding to the email with “Unsubscribe” in the subject line.

Jurisdiction and Governing Law

By visiting this website, you agree that the laws of the state of New South Wales, Australia without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Vega Capital or its associates.

Limitation of Liability

Vega capital and its affiliates and their respective officers, directors, employees or agents will not be liable to you or anyone else for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of this website), even if Vega Capital has been advised of the possibility of such damages or losses, including, without limitation, from the use or attempted use of this website or another linked website.

If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, or if you access the website solely through an arrangement with your employer or plan sponsor, some or all of these limitations and exclusions may not apply to you.

Timeliness of Content

All content on this Website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Prohibited Uses

Except as otherwise stated in these Terms or as expressly authorised by Vega Capital in writing, you may not:

• Use this Website in any manner that could damage or overburden any Vega Capital server, or any network connected to any Vega Capital server, as all servers have limited capacity and are used by many people;

• Use this Website in any manner that would interfere with another party’s use of the Website;

• Include the term “Vega Capital” or any Vega Capital trademark or executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element;

• Use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Website or the reports, data, information, content, software, products services, or other materials on, generated by or obtained from this Website, whether through links or otherwise (collectively, “Materials”), without Vega Capital’s permission, provided that generally available third-party web browsers may be used without such permission; or

• Use this Website or the Materials in any manner that could create impression of affiliation, sponsorship or endorsement by Vega Capital.

Password Security and Notification

Certain parts of the Website are protected by passwords or require a login and are restricted to authorised users only. You may not obtain unauthorised access to such parts of the Website, or to any other protected materials or information, through any means not intentionally made available by Vega Capital for your specific use.

Unauthorised Use of Content

You agree to defend, indemnify and hold harmless Vega Capital, its affiliates and each of their respective officers, directors, members, partners, managers and employees against any losses, damages, claims, liabilities and costs (including reasonable attorneys’ fees) to the extent resulting from or arising out of any unauthorised or otherwise inappropriate use of any of the content of this Website attributable to you or which occurs through the use of your ID.

System Outages and Incomplete Transmissions

Internet software or transmission problems may produce inaccurate or incomplete copies of information and materials that may be downloaded and displayed on a user’s computer. Vega Capital is not liable for any damages, changes, or omissions that occur during transmission of information and materials.

Termination

Vega Capital may terminate your access to the Website for any reason, without prior notice.

Waiver

No waiver by Vega Capital of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time.

Integration and Severability

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

The preceding Terms of use represent the entire agreement between Vega Capital and the user relating to the subject matter herein.
Vega Capital is an equal opportunity employer committed to diversity in the workplace.

© 2018 Vega Capital. All rights reserved.

 

IMPORTANT INFORMATION

It is important that you read this notice carefully before proceeding further. It contains legal and regulatory statements relevant to the information contained on this website. By accessing this website, you agree to be bound by the terms and conditions below. When you have read the following information, please click on "I agree" to continue to the website.

This section of the website is for wholesale, professional or sophisticated investors only, within the meaning of the Corporations Act 2001 (Cth). Consequently, the content of this section of the website is intended for use only by persons having professional experience in matters relating to investments and must not be accessed or relied upon by any other person including, without limitation, retail clients. By clicking “I have read and understood this disclaimer” at the end of this page, you confirm that you are a wholesale, professional or sophisticated investor and you are not a retail client.

None of the information published or made available via this website is intended to be published or made available in any jurisdiction where to do so would result in the breach of any applicable law or regulation in that jurisdiction. This section of the website is not directed at you if we are prohibited by any law of any jurisdiction from making the information on this section of the website available to you. You should satisfy yourself before accessing this section of the website that we would be allowed to advertise investments and investment services to you under the laws and regulations of your jurisdiction.  This section of the website is not for use by "US Persons". A "US Person" is defined by US laws and regulations in force from time to time. If you are resident in the US, or as a corporation or other entity are organised under US law or administered by or operated for the benefit of a legal or natural US person, you should take professional advice to determine whether you are a US Person and you should not access this section of the website until you are sure that you are not a "US Person".

Under no circumstances should any information contained in this website be regarded as an offer or solicitation to deal in investments in any jurisdiction including, but not limited to, the United States of America. Neither Vega Capital Pty Ltd (“Vega”) nor any investment products mentioned on this website are registered under United States securities laws and, subject to certain limited exceptions, may not be offered, sold, transferred or delivered in the United States or to US persons.

You should be aware that past performance is no guarantee of future performance.

Nothing in this website should be regarded as investment advice. If you are unsure as to whether the investments described in this site are suitable for you, we strongly recommend that you seek professional advice from a financial adviser. Persons should consult their professional advisers as to whether they require any governmental or other consents in order to invest in the products described on this website. References in this website to specific securities should not be taken as a recommendation to buy or sell those securities, but are included for the purposes of illustration and/or information only.

Although reasonable care has been taken to ensure that the information set out herein is accurate, no representation or warranty, express or implied, is made as to its accuracy or completeness. Information on this website may be changed without prior notice. Neither Vega nor any of its affiliates accepts any liability for any loss, either direct or indirect, incidental or consequential, arising out of any information on this site not being true and accurate.

This website may contain or link to content which is generated by third parties. Following links to any other websites shall be entirely at your own risk.

The information on this website is confidential and is protected under copyright law.  No information or material contained on this site may be reproduced, distributed , transmitted, displayed or commercially exploited without the written consent of Vega.

Vega Capital is a Corporate Authorised Representative (No. 001264482) of Alpha Securities Pty Ltd (ACN 124 327 064) AFS Licence No. 330757.

You must accept the disclaimer to continue.