Terms of Use

This website (Website) is operated by the Emerge Capital Group (referred to as “Emerge Capital”, we, our or us).  It is available at: http://www.emergecap.com/ and may be available through other addresses or channels.

By accessing Emerge Capital's Website or receiving an email from Emerge Capital, you agree to abide by the following terms and conditions (“Terms of Use”).  If you do not agree to the Terms of Use, immediately cease using the Website and do not access the Website or advise via immediate return email.

Emerge Capital reserves the right to modify, add or delete, temporarily or permanently, any portion of this Website, including the Terms of Use, with or without notice.  Users are advised to periodically review the contents of this Website to be familiar with any modifications. We do not undertake to keep our Website up-to-date and we are not liable if any Content is inaccurate or out-of-date.

About Emerge Capital

The Emerge Capital Group is comprised of the following legal entities (collectively “Emerge Capital Group”, "Emerge Capital"):

Emerge Capital Pty Ltd (ACN 619 332 142). Registered office address of Level 9, Suite 1, 20 Hunter Street, Sydney NSW 2000, Australia, is an Authorised Representative of the Australian Financial Services License held by Emerge Capital Partners (Transactions) Pty Ltd.

Emerge Capital Partners (Transactions) Pty Ltd (ACN 133 260 698). Registered office address of Level 9, Suite 1, 20 Hunter Street, Sydney NSW 2000, Australia. Emerge Capital Partners (Transactions) Pty Ltd is authorised and regulated by the Australian Securities and Investments Commission and holds an Australian Financial Services Licence (Licence Number 431 622).

Certain individual partners in Australia hold real estate licenses, including NSW real estate license number 20103554.

Email Disclaimer

The information transmitted in an email is intended only for the person or entity to which it is addressed and may contain proprietary, business-confidential and/or privileged material. If you are not the intended recipient of this message you are hereby notified that any use, review, retransmission, dissemination, distribution, reproduction or any action taken in reliance upon this message is prohibited. If you received this in error, please kindly contact the sender and delete the material from any computer.

If you are unsure of which entity within the Emerge Capital Group you are liaising with, please contact the sender of the email to clarify.

Exclusion of competitors

You are prohibited from using our Website, including the materials and information on our Website (Content), in any way that competes with our business.

Information

 The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Licence to use our Website

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Website in accordance with these Terms of Use.  All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Website; which we would consider inappropriate; or which might bring us or our Website into disrepute, including (without limitation):

(a)          anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b)          using our Website to defame, harass, threaten, menace or offend any person;

(c)           interfering with any user using our Website;

(d)          tampering with or modifying our Website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Website, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Website;

(e)          using our Website to send unsolicited email messages; or

(f)           facilitating or assisting a third party to do any of the above acts.

Global Internet Disclaimer

The Website is for your personal use.  Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Website and all of the Content. Your use of our Website and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Website or the Content. As a user, you may not sell, copy, publish, distribute, transfer, modify, display, reproduce, and/or create any derivative works from the information or software on this Website. You may not redeliver any of the pages, text, images, or content of this Website using "framing" or similar technology.  You acknowledge that you have no right to use the content of this Website in any other manner.

The contents of this Website, including text, graphics, links and/or other items, have been prepared based upon sources, materials, and systems believed to be reliable and accurate, and are provided to you on an "as is" and "as available" basis.

Emerge Capital make no representations, and disclaim all, express, implied and statutory warranties of any kind to you or any third-party, including, but not limited to, representations, and warranties regarding accuracy, timeliness, completeness, merchantability, fitness for a particular purpose, non-infringement of third-party rights, and/or freedom from computer viruses.

The Website may contain links to third-party websites which are provided for your convenience, and are not to be construed as an endorsement by the Website provider, the products and/or services of Emerge Capital, or vice versa. Emerge Capital does not accept liability for the security or content of any links to external websites. We do not guarantee that any of the links on the Website are operational, and do not assume any responsibility for the consequences of any errors or omissions resulting from the use of these links.

Privacy Policy

Information transmitted to Emerge Capital through this Website will be considered private and confidential.  However, the internet is not a fully secure medium, and whilst Emerge Capital will use best endeavours to secure any information sent to the Group, the confidentiality and privacy of such information cannot be guaranteed.

General Content

Nothing on this Website constitutes professional or financial advice or recommendations. The content of this Website is general in nature and does not consider the investment objectives, financial situation or needs of individuals or institutions. You should not rely solely on the content of this Website for an investment decision.

Before making any investment, you should read the relevant prospectus or information memorandum carefully and seek independent legal, financial and other professional advice before making an investment decision.  The information provided on this Website does not constitute an offer to subscribe to any investment.

Research

Any research published on this Website has been procured for internal purposes and may have been acted upon prior to publication. While Emerge Capital has taken every care to ensure the accuracy of such research, we cannot be held liable for any losses sustained by acting upon it. The naming of specific securities should not be taken as a recommendation to deal.

This Website and the information contained herein does not constitute an offer, recommendation or solicitation to subscribe or purchase any of the Emerge Capital funds, products or transactions, and neither this document, nor anything contained herein shall form the basis of any contract, commitment or advice whatsoever.  The information contained in the Website may not be redistributed directly or indirectly to any jurisdiction where its distribution may be restricted by law.  It is the responsibility of persons accessing the Website to familiarise themselves with the relevant prospectus or information memorandum which can be obtained from our offices, the address of which can be found under 'Contacts'.

Downloading and Ownership of Other Material

The contents of this Website are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.  Emerge 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 Website are available or appropriate for sale or use in all jurisdictions or countries, or by all investors or counterparties. All persons and entities accessing this Website, access it on their own initiative and are responsible for compliance with applicable local laws and regulations.

Jurisdiction

 Your use of our Website and these Terms of Use are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Website may be accessed throughout Australia and overseas.  We make no representation that our Website complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Website.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Website or the Content, including (without limitation) that:

(a)          they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b)          access will be uninterrupted, error-free or free from viruses; or

(c)           our Website will be secure.

You read, use and act on our Website and the Content at your own risk.

Liability

In no event shall Emerge Capital be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website or the use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, even if Emerge Capital, or representatives thereof, are advised of the possibility of such damages, losses, or expenses. Use of hyperlinks to other internet resources is at your own risk.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms of Use or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms of Use, and continues after these Terms of Use end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms of Use.

Termination

These Terms of Use are effective until terminated by Emerge Capital, which Emerge Capital may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms of Use and limitations of liability set out in these Terms of Use will survive.

Disputes

In the event of any dispute arising from, or in connection with, these Terms of Use (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance

If a provision of these Terms of Use is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms of Use without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms of Use.

Discontinuance

Emerge Capital may, at any time and without notice to you, discontinue our Website, in whole or in part.  Emerge Capital may also exclude any person from using our Website, at any time and at our sole discretion. Emerge Capital is not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.