Website Terms of Use

Last updated: 14 May 2024

1. Terms of use

(a) Please read these terms of use (hereinafter, Terms of Use) carefully as they apply to your access and use of this website (https://funds.calebandbrown.com/) and any content on it (collectively, the Website). This Website is operated by Caleb and Brown Asset Management Pty Ltd (ABN 42 662 610 308) of Level 3, 2-6 Gwynne St, Cremorne VIC 3121, Australia (we, us and our).

(b) By clicking “I Understand”, accessing or using any part of the Website, you and the entity you represent (hereinafter, you or your) agree to be bound by these Terms of Use. You must not use the Website if you do not agree to these Terms of Use.

(c) We may revise these Terms of Use from time to time. We will display a notice on the Website indicating when any such revisions have been made.

(d) To contact us, please email us at:

(i) For US: [email protected]; or

(ii) For AUS (or rest of world): [email protected].

2 Use of content on the Website

(a) The Website is subject to copyright and possibly other intellectual property rights.

(b) We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.

(c) We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any intellectual property rights unless this is expressly stated.

(d) Except as provided in these Terms of Use, any use or copying of the Website for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at [email protected] if you wish to seek such consent.

(e) Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny your access to or use of the Website without notice if you breach, or we reasonably believe you have breached, any of these Terms of Use or any other agreement you have with us.

(f) Competitors are excluded from using the Website in anyway that competes with Our business.

3 Accuracy and completeness of content

(a) Unless otherwise stated, the information contained in this website (Information) has been prepared for general information only and does not contain and is not to be taken as containing any advice or recommendation. It is not intended that you rely on the Information for the purpose of making investment decisions. It is made available in good faith by us and has been derived from sources believed to be reliable and accurate. While we use reasonable effort to ensure that the Information is accurate, current and complete, we do not give any warranty as to the accuracy, reliability, or completeness of the Information and accept no responsibility for updating or correcting any part of the Information (to the maximum extent permitted by the law).

(b) Some of the information on the Website may be provided by third parties, including references made in our blogs. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date or complete. The material provided and views expressed by other users of the Website are the materials of those users and are not ours.

(c) We do not accept any liability (whether arising in contract, or tort, or negligence or otherwise) for any error, omission or misrepresentation in relation to the Information or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) incurred by any person whatsoever arising out of or referable to the Information on this website or accessed through this website.

4 User Content

(a) You must not provide any material through the Website (Your Content) that:

(i) infringes the intellectual property or other rights of another person;

(ii) is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

(iii) relates to unlawful conduct;

(iv) creates a privacy or security risk to any person, including by soliciting personal information from any person;

(v) solicits money from any person;

(vi) is false, misleading or deceptive;

(vii) contains financial, legal, medical or other professional advice;

(viii) would harm, abuse, harass, stalk, threaten or otherwise offend;

(ix) would reflect negatively on us, including our goodwill, name and reputation;

(x) tampers with, hinders the operation of, or makes unauthorised modifications to the Website;

(xi) would breach any applicable laws; or would result in civil or criminal liability for you, us or any third party.

(b) By providing us with any of Your Content, including but not limited to your feedback, you:

(i) grant us a non-exclusive, worldwide, royalty-free, perpetual licence (including a right of sublicence) to use, copy, modify and otherwise exploit Your Content in connection with our provision and promotion of the Website; and

(ii) warrant that you have the right to grant such licence.

(c) You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from any claim made by any third party arising out of Your Content.

(d) We may, without notice to you, review, modify or remove any of Your Content in our absolute discretion including where we believe it violates these Terms of Use.

(e) Our Website is not designed to be a long-term storage medium. You are solely responsible for securing and backing up Your Content.

5 General restrictions

In using the Website, you must not:

(a) provide us with inaccurate or incomplete information;

(b) violate any applicable laws, or use the Website for any purpose that is unlawful;

(c) interfere with the Website by any means, including distributing viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;

(d) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Website or any part thereof;

(e) collect or store data about other users of the Website; or

(f) engage in any other conduct that inhibits any other person from using or enjoying the Website.

6 Warranties and liability

(a) All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these Terms of Use and the Website that are not contained in these Terms of Use, are excluded to the maximum extent permitted by law.

(b) In particular, and without limiting paragraph (a):

(i) while we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and

(ii) we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).

(d) Nothing in these Terms of Use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

(e) If any guarantee, term, condition or warranty is implied into these Terms of Use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to supplying of the services again, or the payment of the cost of having the services supplied again.

(f) Subject to paragraphs (g) and (h) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms of Use or the Website whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD $50.

(g) Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:

(i) special, indirect, consequential, incidental or punitive damages; or

(ii) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data;

whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

(h) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

7 Variation or Discontinuation of the Website

We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.

8 Links and advertisements

The Website may contain links to other third party websites and advertisements which include embedded links, which are provided for your information only. We have not reviewed any of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. The inclusion of any link or advertisement does not imply that we endorse or approve the linked site or the subject matter of the advertisement. You access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

9 Privacy

(a) In using the Website, you may give us personal information. By using the Website, you grant us consent to collect, store, use and disclose such personal information in accordance with our privacy policy.

(b) Our privacy policy explains:

(i) how we store and use, and how you may access and correct your personal information;

(ii) how you can lodge a complaint regarding the handling of your personal information; and

(iii) how we will handle any complaint.

10 Infringing or objectionable content

If you believe the Website contains elements that are objectionable, or infringe copyright or any other rights, please contact us by emailing at [email protected] and provide particulars of such content and a detailed description of why it is objectionable or infringing.

11 No Advice

(a) Unless otherwise stated:

(i) All text, images, audio recordings, video recordings, and other information and content, including but not limited to, market, exchange or trading information, tools, indicators, and materials (Content) hosted or made available on or through the Website is provided:

(1) for general information purposes only; and

(2) without any regard whatsoever to the personal circumstances of any person.

(ii) Content hosted or made available on or through the Website does not constitute financial advice regarding any cryptocurrency or any financial product or an offer, solicitation, recommendation or invitation to buy, sell or deal in any way with any cryptocurrency or any financial product.

(b) All statements, representations, estimations, projections or forecasts made in or through the Website by any other person does not represent our opinion or have our endorsement.

(c) Before acting on, or relying upon, any Content (or Information) hosted or made available on or through the Website, we strongly recommend that you: (i) undertake your own investigations and enquiries; and

(ii) seek independent legal, accounting, tax, financial, business, technical and other professional advice from an appropriately qualified professional advisor.

12 General

(a) Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions apply in addition to, and prevail over, these Terms of Use.

(b) If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(c) These Terms of Use are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia. If you are accessing the Website, we do not represent that our Website complies with the laws (including intellectual property laws) of the country in which you reside. You are responsible for complying with the laws of the jurisdiction where you access our Website from a foreign jurisdiction.

(d) Nothing in these Terms of Use limits any liability we or you may have in connection with any representations or other communications (either oral or written) made prior to these terms of use, where such liability cannot be excluded (including under section 18 of the Australian Consumer Law).

(e) Subject to paragraph (d), these Terms of Use supersede all previous agreements, understandings, negotiations, representations and warranties about its subject matter and embodies the entire agreement between the parties about its subject matter.

(f) Neither party will be liable for any failure or delay in performing any of its obligations under these terms if such delay is caused by circumstances beyond that party’s reasonable control.

(g) Your use of the Website is conducted electronically, and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.

(h) The provisions of these Terms of Use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use.

(i) No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.

(j) The word “including” when used in these terms of use is not a term of limitation.