The term “Parkworth Investments” or “we” includes Parkworth Investments Pty Ltd and their Related Bodies Corporate (as that term is defined in the Corporations Act 2001 (Cth)) (together, “Parkworth Investments”), all of which are represented in the domain name www.parkworthinvestments.com.au.
DISCLAIMER OF LIABILITY
To the maximum extent permissible by law, you release Parkworth Investments and hold Parkworth Investments harmless in respect of all liability, including for negligence, to you or any person in respect of anything and the consequences of anything done or omitted to be done by you or any person in whole or partial reliance on all or any part of the information accessed at or through this Website.
Parkworth Investments makes no representations or warranties of any kind, either express or implied, including (without limitation) warranties accuracy or completeness of any information or non-infringement of intellectual property.
Whilst all reasonable care has been taken in providing this information, Parkworth Investments:
– does not warrant the accuracy and completeness of information accessed at or through this Website; and
– does not accept any responsibility for any action taken in reliance thereon by any party who views the contents of or uses this Website.
Parkworth Investments may make changes to the materials at this Website at any time without notice. The materials in this Website may be out of date, and Parkworth Investments makes no commitment at any time to update the materials at this Website.
Before using this Website, you should carefully read the Risk Factors, which provide detailed information about the risks associated with Parkworth Investments.
COLLECTION OF INFORMATION
You authorise Parkworth Investments to collect and access your information from time to time for the purpose of providing our services to you, and to ensure that Parkworth Investments is able to provide a secure way of conducting its business and Parkworth Investments. These responsibilities extend, among other things, to fraud, money laundering and other crime prevention, careful credit assessment and validation of the identity of all Users of this Website in accordance with Australian laws.
PARKWORTH INVESTMENTS’ INTELLECTUAL PROPERTY
The trademarks, service marks and logos (“Trade Marks”) used on this Website are our registered or unregistered Trade Marks. You may not copy, reproduce, adapt, display or transmit any Trade Mark in any form without our prior written consent.
Our domain name www.parkworthinvestments.com.au is our uniform resource locator (“URL”). You must not make any use of this URL on another website or digital platform without our prior written consent.
This Website, its design and layout, may not be copied, reproduced, adapted or transmitted in any form without our prior written consent.
You may only print, display or download temporary copies of the content of this Website to your own computers for your own use. Your registration and use of our Website confers no rights whatsoever to the content or related intellectual property rights contained in our Website. You agree not to monitor, use or copy our web pages or any content on the Website, including without limitation any price data. Unauthorised use constitutes copyright and/or trademark infringement and may be prosecuted.
Confidential Information includes non-public information that Parkworth Investments furnishes or otherwise makes available to investors with respect to loan participation interests offered on our Webite. This includes, without limitation, loan terms, borrower names, lender names, property information, information relating to lenders, partners and third-party business and companies, pricing, and loan agreements (“Confidential Information”).
You agree that all Confidential Information obtained via your use of the Website shall be kept strictly confidential by you and used only for the purpose of making an offer to acquire a loan participation interest via the Website shall not be disclosed by you to any third party.
You agree not to contact, either directly or indirectly, any borrower, lender or real estate company in connection with a property, loan or loan participation interest listed on the Site, or any officers, directors, shareholders, consultants, lawyers, employees, agents or other affiliates of these parties, unless the contact is unrelated to any property, loan or loan participation interest listed on the Site.
– was discovered or developed by you independently with reliance on the Confidential Information; or
– is required to be disclosed by law, provided that you promptly notify us so that we have an opportunity to obtain relief in connection with such disclosure.
You undertake not to use the Site to:
– Collect information provided by the Site for any purpose other than researching potential loan participation interests listed on the Site and acquiring such loan participation interests;
– Copy, transmit or redistribute any Information obtained on the Site to any third party;
– Use the Site in any unlawful manner or in any other manner that could damage, disable, overload or impair the Site or the servers on which it is hosted;
– Falsely misrepresent yourself, your age, your financial employment or personal circumstances or your affiliation with any person or entity; or
– Use or attempt to use another person’s User Account without authorization from us, or create a false identity in relation to the Site.
Parkworth Investments is the issuer of all Loan Participation Interests on this Website.
No information on this Website is to be construed as financial product advice or a recommendation, to buy or sell any Loan Participation Interest or any financial product (as that term is defined in the Corporations Act 2001 (Cth)).
Parkworth Investments is an authorised representative under a Australian financial services licence and provides management and day to day administrative and operational aspect to the Loan Participation Interests.
Your User Account does not hold any funds. If we approve your application for a User Account, you may be asked to choose a username and password (“Access Codes”).
You must therefore keep the Access Codes secret and secure and make sure that they are not selected or stored in a way that enables others to access them or impersonate you. In addition, if you disclose the Access Codes to any person whom you authorise to access your User Account, you are also responsible and liable for any access, use, misuse or disclosure of your Access Codes or your User Account by such person.
You must notify us immediately if you discover or suspect that the security of your Access Codes may have been breached. If we receive such a notification from you or determine ourselves that the security of your Access Codes may have been breached, we may elect to cease access to your User Account and you will not be able to access the Site until measures have been taken to verify your identity.
LINKS TO THIRD PARTY WEBSITES
Any links to third party websites on this Site are provided solely as a convenience to you and such links are not in any way an association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked website or its content, unless an intention to the contrary is expressed. Should you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk.
TERMINATION AND ASSIGNMENT
We may terminate your User Account and Site access for any reason at any time, with or without notice. Upon the termination of your User Account, your access to the Site will be terminated and we will have no obligation to store or provide you with access to any information relating to your activity on the Site.
You will not be capable of terminating your registration with Parkworth Investments at any time whilst you have loan participation interest which are outstanding.
These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without giving effect to any principles of conflicts of law, notwithstanding that any such conflicts of law may involve the laws of a foreign jurisdiction. Any legal proceedings arising out of or in connection with the use of this Site must be commenced in the appropriate court in Victoria. If you view the contents of or use this Site from locations outside of Victoria, you are solely responsible for compliance with the laws of the jurisdiction in which you view the contents of or use this Site.
If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms, and shall not affect the validity and enforceability of any remaining provisions in these Terms.
If you have a complaint, please email us. Please include brief details of your complaint and your Parkworth Investments User Account number.
SUMMARY OF KEY RISKS
Acquiring Loan Participation Interests through Parkworth Investments is not without risk. Below we summarise the general risks associated with acquiring Loan Participation Interests. There may also be other risks which are specific to a Loan Participation Interest you acquire or its corresponding underlying loan agreement for any given transaction.
BORROWER CREDIT RISK, LATE PAYMENT OR DEFAULT
A borrower may delay or stop payment of principal or interest on a loan or default on a loan in respect of which you have acquired a Loan Participation Interest. Receipt of these amounts by Parkworth Investments is necessary in order for Parkworth Investments to be able to make corresponding payment to you in respect of your Loan Participation Interest. There is therefore no guarantee that you will receive back your purchase price or receive other payments in respect of the Loan Participation Interest.
The acquisition of a Loan Participation Interest does not constitute a loan between you and Parkworth Investments or a loan between you and the borrower.
NO WITHDRAWAL OF FUNDS UNTIL END OF LOAN TERM
Your acquisition of a Loan Participation Interest is illiquid and not at call. You will only receive payments in respect of your Loan Participation Interest if and when Parkworth Investments receives amounts on account of the underlying loan arrangement the subject of your Loan Participation Interest. In addition, the term that applies to an underlying loan arrangement with a borrower may extend beyond the indicative term.