WEBSITE TERMS & CONDITIONS
INTRODUCTION
These terms of use (“Terms of Use”) and our Privacy Policy constitute our agreement with you as a User and govern the use of the service provided through our website platform (“This Website”) operated at www.parkworthinvestments.com.au (“Website”) by Parkworth Investments Pty Ltd (AFSL 471379) (“Parkworth Investments”).
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 address www.parkworthinvestments.com.au.
Please read these Terms of Use carefully before using our Website. Using our Website indicates that you have read, understood, and agree to be bound by these Terms of Use. The Agreement shall continue thereafter unless and until it is terminated in accordance with our Termination provisions.
The Terms of Use may be changed from time to time by us without notice. It is your responsibility to check these Terms of Use from time to time to ensure that you agree with them, and your continued use of our Website after any change to these Terms of Use will be deemed to be your acceptance of the change.
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 The materials in this Website may be out of date, and Parkworth Investments makes no commitment at any time to update the materials at this Website.
Nothing in these Terms of Use excludes, restricts or modifies the application of the provisions of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that statute or cause any part of these Terms of Use to be void.
Before using this Website you should read our Risk Factors, which provide detailed information about the risks associated with our Website.
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.
View our Privacy Policy here.
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 from Parkworth Investments first.
You may only print, display or download temporary copies of Website content 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 by us at any time.
CONFIDENTIALITY
Confidential Information includes non-public information that Parkworth Investments provides to investors with respect to loan participation interests offered on our Website. 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 Website, 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 Website.
Your obligations in connection with Confidential Information under these Terms of Use do not apply to Confidential Information which you can demonstrate:
– 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 our Website to:
– Collect information provided by this Website for any purpose other than researching potential loan participation interests listed on this Website and acquiring such loan participation interests;
– Copy, transmit or redistribute any Information obtained on the Website to any third party;
– Use this Website in any unlawful manner or in any other manner that could damage, disable, overload or impair the Website 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 authorisation from us, or create a false identity in relation to the Website.
INVESTOR USER ACCOUNT
Upon completion of the registration process, including satisfaction of any required verification checks and acceptance by us, we will open an account in your name on our website systems enabling you to access and use the Website in accordance with the provisions of these Terms of Use (“User Account”).
Your User Account does not hold any funds.
Each time you seek to access your User Account, we will check your identity by asking for your Login. As long as your correct Login is entered, we will assume that you are the person giving instructions and you will be liable for those instructions unless you notify us otherwise in accordance with these Terms of Use.
You agree to keep your Login secure and private, and make sure that they are not stored in a way that enables others to access them or use them. In addition, if you disclose you Login 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 Login or your User Account by such person.
You must notify us immediately if you discover or suspect that the security of your Login may have been breached. If we receive notice from your that your Login may not be secure or we deem that the security of your Login is compromised, we may close access to your User Account and you will not be able to access the Website until measures have been taken to verify your identity.
LINKS TO THIRD PARTY WEBSITES
Any links to third party websites on this Website 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 & ASSIGNMENT
We may terminate your User Account and Website access for any reason at any time, with or without notice. Upon the termination of your User Account, your access to our Website will be terminated and we will have no obligation to restore your access on our Website.
You may not assign any part of these Terms of Use without our written consent but we may assign these Terms of Use to any associated companies or affiliates without notice to you.
ENTIRE AGREEMENT
Except as specifically contemplated by these Terms of Use, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in writing.
APPLICABLE LAW
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 Website must be commenced in the appropriate court in Victoria. If you view the contents of or use this Website 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 Website.
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.
COMPLAINTS
If you have a complaint, please contact us via our contact page on our website. Please include brief details of your complaint and your Parkworth Investments User Account number