Disclaimer

General Advice Only

The information on this Website has been prepared without any reference to you or your particular investment objectives, requirements or financial situation. You are solely responsible for making your own decisions based on information contained on this Website. Before making any investment in any financial product, you should consider based on your own personal circumstances all important information about the financial product including the risks, costs and fees involved in acquiring and holding the financial product. If an issuer of a financial product (Issuer) has prepared a relevant Disclosure Document for the financial product, you should read and understand the entire Disclosure Document. Ark Capital recommends that you should also consider obtaining your own independent legal, tax and personal financial product advice from an appropriately licensed advisor who has regard to your own particular investment objectives, requirements, and financial situation. Ark Capital is not authorised to provide any legal, tax or personal financial product advice to you and does not do so.

Any transactions listed on this Website are only included as illustrative of the types of transactions in which Ark Capital is or has been involved. They are not intended to be reflective of any overall investment performance. Past performance is not an indicator of future returns. None of Ark Capital or any of its directors, officers, employees, advisers, agents or associates in any way warrant or guarantee the performance of any financial product or Issuer that may be mentioned on this Website.

Use of this website

For the purposes of this disclaimer, unless an intention to the contrary is expressed, the term ‘Ark Capital’ includes Ark Capital Funds Limited (ABN 42 604 775 573), its affiliates and its Related Bodies Corporate (as that term is defined in the Corporations Act 2001 (Cth)) (together, ‘Ark Capital’), all of which are represented in the domain name www.arkcapital.com.au (‘Website’).

The Website may contain general information about our products and services. Unless expressly stated otherwise, the Website does not:

• Constitute an offer or inducement to enter into a legally binding contract;
– Form part of the terms and conditions for our products and services;
• Purport to provide you with personal financial or investment advice of any kind; or
• Take account of your particular financial position or requirements.

The Website may include information about certain properties and their characteristics (including size, location, and value). Such statements may not reflect the current or latest information in relation to such properties. Images and diagrams on this Website are intended to be a visual aid only and do not necessarily accurately depict the object described.

You should not act based on any information accessed at or through this Website without obtaining and considering appropriate professional advice specific to your own circumstances.

Before deciding on any Ark Capital product, you should obtain and consider the appropriate Information Memorandum.

Disclaimer of Liability

To the maximum extent permissible by law Ark Capital excludes 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.

Ark Capital makes no representations or warranties of any kind, either express or implied, including (without limitation) warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.

Whilst all reasonable care has been taken in providing this information, Ark Capital:

• does not warrant the accuracy and completeness of information accessed at or through this Website; or
• does not accept any responsibility for any action taken in reliance thereon by any party who views the contents of or uses this Website.

Ark Capital may make changes to the materials at this Website at any time without notice. The materials at this Website may be out of date, and Ark Capital makes no commitment at any time to update the materials at this Website.

Nothing in these Terms excludes, restricts or modifies the application of the provisions of any statute (including the Competition and Consumer Act 2010) where to do so would contravene that statute or cause any part of these Terms to be void.

Collection of Information

You authorise Ark Capital to collect and access your information from time to time for the purpose of providing our services to you, and to ensure that Ark Capital can provide a secure way of conducting its business and the Website. These responsibilities extend, amongst other things, to fraud, money laundering and other crime prevention, careful credit assessment and validation of identity of all Users of Ark Capital in accordance with Australian laws.

Links to Third Party Websites

Any links to third party web 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 Website, you do so entirely at your own risk.

Viruses

Ark Capital does not guarantee or warrant that any files available for downloading through this Website will be free of infection or viruses, worms, Trojan horses, or other code that, in so far as technology is concerned, manifests contaminating or destructive properties. You are entirely responsible for implementing sufficient programs, practices, and procedures to satisfy your particular requirements for technological functionality, the accuracy of data input and output, and for maintaining an appropriate means for the recovery of any lost data.

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia (‘Victoria’), 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. Ark Capital may revise these Terms at any time by updating this website. You are bound by any such revisions and should therefore periodically revisit this page to review the then current Terms by which you are bound.

Change to these Terms and Conditions

These Terms and Conditions may be revised at any time by updating this notice, and will be effective as at the date of such update. Your continued use of this Website after any changes to this notice will be considered acceptance of those changes.