Terms and Conditions

By accessing and/or utilising any information, products or services available at the Evergreen Capital Partners website, you agree to be bound by the terms and conditions detailed below.

1. Definitions

In this agreement, unless the context otherwise requires:

“You” refers to those person(s) who wish to access the service subject to and on the terms and conditions of this agreement.
“Content” means the information made available to you through the Site.
“Evergreen Capital Partners” means Evergreen Capital Partners Pty Ltd ACN 139 750 673 trading under the business name “Evergreen Capital Partners” of Level 39, 55 Collins Street, Melbourne, Victoria.
“The Evergreen Capital Partners website” means the online information service located at http://www.evergreencapital.com.au, which Evergreen Capital Partners has developed and is the proprietor of.
'Site' means all or any of the applications contained on the Evergreen Capital Partners website.

2. Application and variation of these terms

2.1 Your use of the Site is to be in accordance with these terms and conditions and your use of the Site signifies your acceptance of these terms and conditions.

2.2 Evergreen Capital Partners may at any time, at its sole discretion, amend, vary or modify these terms and conditions.

2.3 Evergreen Capital Partners may give notice on the Site of any modification to the terms and conditions but it is your responsibility to check for any such modification each time you use the Site.

2.4 Modifications to the terms and conditions will be effective immediately and any subsequent use by you of the Site will constitute an acceptance of the modifications.

3. Your acknowledgements

3.1 You acknowledge that:

(a) Evergreen Capital Partners Pty Ltd (trading as Evergreen Capital Partners) is a licensed investment manager. The information on this Internet site is directed to residents of Australia only. The material contained in the Site details Evergreen Capital Partners’ activities as a hedge fund manager and the current range of products and investment funds/accounts it manages;

(b) the material set out in the Site should not be construed as a solicitation or offer or recommendation to acquire or dispose of any investment or to engage in any other transaction;

(c) while Evergreen Capital Partners provides the information on this Site in good faith, it accepts no responsibility for the accuracy, completeness, reliability or timeliness of the information;

(d) there are inherent hazards in electronic distribution and as such there may be delays, omissions or inaccuracy in content;

(e) you should not act or fail to act on the basis of any information or materials on the Site, and furthermore, you accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the Site or any other website on the Internet accessed via this Site or otherwise (Related Site);

(f) you acknowledge the Content contains general advice only which is not intended for any particular client. You also acknowledge that in preparing the Content, Evergreen Capital Partners has not taken into account any particular client's investment objectives, financial situation or particular needs. Accordingly, before acting on any advice contained in the Content, you should contact your Evergreen Capital Partners adviser to consider whether the advice is appropriate in light of your particular investment needs.

(g) Evergreen Capital Partners does not represent or warrant that any files obtained from or through the Site or any Related Site are free from computer viruses or other defects. Any such files are provided, and may only be used, on the basis that the user assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files. Evergreen Capital Partners' liability for such an event is limited to the resupply of those files.

4. Disclosures

4.1 Evergreen Capital Partners may have interests in the securities which are the subject of the Information.

Provision of service

5.1 Evergreen Capital Partners may without notice suspend the Site or disconnect or deny you access to any part of the Site:

(a) during any technical failure, modification or maintenance involved in the Site, provided that Evergreen Capital Partners will use reasonable endeavours to procure the resumption of the Site as soon as reasonably practicable;

(b) if you fail to comply with any agreement with Evergreen Capital Partners; or

(c) if you do, or allow to be done, anything which in Evergreen Capital Partners' opinion may have the effect of jeopardising the operation of the Site.

5.2 Evergreen Capital Partners may make improvements and/or changes to the Site or Contents at any time without notice.

6.0 Access to the service

6.1 You are responsible for maintaining the secrecy and confidentiality of all identification and login information required for you to access the Site, including all additional passwords, identification and login information which may be provided by Evergreen Capital Partners from time to time to enable you to use any specific Service. You agree to notify Evergreen Capital Partners immediately if any of this information has been or is suspected to have been compromised by loss, theft, manipulation or any other means.

6.2 You agree not to disclose to any other person, corporation, entity or organisation any identification or login information, whether in use or not, relating to the Site.

6.3 You are liable for all charges resulting from the use of the Site accessed through your identification or login information whether authorised by you or not. Disclosure or loss of identification or login information that results in the incurring of fees or misuse of the Site is your responsibility and any such occurrences should be immediately communicated to Evergreen Capital Partners.

7. Use of the service

7.1 You agree to comply with all directions pertaining to the access and use of the Site granted to you by Evergreen Capital Partners.

7.2 You agree that in accessing and using the Site, you will only use software that you are legally entitled to use and such use will not infringe any third party's intellectual property rights.

7.3 You agree that the Site is provided by Evergreen Capital Partners to you for your personal use unless Evergreen Capital Partners expressly agrees otherwise. You shall not sell, lease, furnish or otherwise permit or provide access to the Site to any other person and shall not reproduce, retransmit, redistribute, disseminate, sell, publish, broadcast or circulate any Content to any other person. You may download or copy reasonable amounts of Content for personal use but unless Evergreen Capital Partners expressly agrees otherwise shall not copy, save, or archive significant portions of the Content without the prior written consent of Evergreen Capital Partners.

7.4 You acknowledge and agree that all and any intellectual property rights (including without limitation copyright, trademark rights and patent rights) in the Content remain the property of Evergreen Capital Partners.

7.5 Nothing contained in the Site is to be construed as granting any licence or right of use of any trademark displayed on the Site without the express written permission of the relevant owner.

7.6 You shall not, in any event, modify Content or create any derivative works without the prior written consent of Evergreen Capital Partners.

8. Disclaimer of liability

8.1 The materials on the Site have been prepared for general information purposes only. Evergreen Capital Partners and its respective directors, officers and agents:

(a) exclude, to the maximum extent permitted by law, all express or implied warranties of any kind (including warranties as to merchantability, non-infringement of intellectual property or fitness for a particular purpose) in relation to any information or materials on the Evergreen Capital Partners website or any Related Site

(b) are under no obligation to update any information or materials on the Evergreen Capital Partners website, or correct any inaccuracy on the Site which may become apparent at a later time

(c) do not warrant the accuracy of any Content and save for any liability which cannot be excluded and any rights which a person may have under the Trade Practices Act 1974 (Cth)

(d) disclaim all responsibility for any loss or damage which may be suffered by any person directly or indirectly through any person's dealings with them or by use of the Site whether that loss or damage is caused by any fault or negligence on the part of Evergreen Capital Partners, its directors, officers, employees and agents.

8.2 The Site may contain, or be linked to, advice, statements and opinions of third parties, information providers or content providers. Evergreen Capital Partners does not warrant the accuracy, timeliness, reliability or completeness of any advice, statements and opinions contained in the Content or on any linked site. Reliance on any such advice, statements and opinions is at your own risk.

9. Liability and indemnity

9.1 Except in relation to liability for personal injury, Evergreen Capital Partners shall be under no liability to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of use of the Site by you or in respect of a failure or omission, whether arising from Evergreen Capital Partners' negligence or otherwise, on the part of Evergreen Capital Partners to comply with its obligations under this agreement.

9.2 You agree to fully indemnify and hold Evergreen Capital Partners harmless against all and any loss, costs, expenses, demands or liability (including legal costs on a full indemnity basis), expenses, demands, actions, proceedings and liabilities, whether direct or indirect, reasonably incurred or suffered by Evergreen Capital Partners as a result of a breach by you of your obligations under this agreement or any wilful, unlawful or negligent act or omission by you.

10. Copyright

10.1 Unless otherwise indicated, Evergreen Capital Partners reserves all copyright in the content and design of this website. Evergreen Capital Partners owns all such copyright or uses it under licence or applicable law. You may make a temporary copy of part or all of this website on your local computer for the sole purpose of viewing it, and print a single hard copy of a whole page of this website for personal use, provided that any copyright notice on such page is not removed.

10.2 You may not, in any form, or by any means:

• otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create derivative works from any part of the content or design of this website;
• cause any of the website content to be framed or embedded in another website; or
• commercialise any information, products or services on this website,

except with Evergreen Capital Partners’ prior consent written or as permitted by applicable copyright legislation.

11. Termination

Without prejudice to any other rights Evergreen Capital Partners may have under this Agreement or at law or in equity, Evergreen Capital Partners may terminate this Agreement at any time.

12. Assignment

You cannot assign your rights under this agreement without the prior written consent of Evergreen Capital Partners.

13. Governing law

The laws of the Commonwealth of Australia govern this Agreement and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of the State of Victoria, in the Commonwealth of Australia.

14. Schedule charges

From time to time a charge may be levied for access to certain password-protected services. Charges will be notified to you when you apply for such services.