This website located at www.paragonfunds.com.au (‘Website’) is operated by Paragon IM Pty Ltd (ACN 682 128 785) (‘Paragon’, ‘we’ or ‘our’). Your access and use of this Website is subject to these terms and conditions and Paragon’s Privacy Policy. By accessing, viewing or otherwise using this Website, you agree to be subject to and bound by these terms.
1. Definitions
In these terms: ‘Terms’ means these terms of use governing your access to and use of this Website, as updated by us from time to time. ‘Consumer’ has the meaning given in section 3 of the Australian Consumer Law. ‘Content’ means any information and material provided on this Website which is made available by us, including information in relation to our Products. ‘Loss’ means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and whether direct or consequential. ‘Non PDH Goods or Services’ means goods or services which, for the purposes of the Australian Consumer Law, are not of a kind ordinarily acquired for personal, domestic or household use or consumption. ‘Products’ mean any financial or other similar products offered, promoted or managed by us from time to time. ‘You’ or ‘your’ means those person(s) who wish to have access to this Website subject to these Terms.
2 . Access
We agree to you accessing this Website on these Terms. If you are accessing as, or for, a corporate entity or as agent or trustee of a person, you agree that you have the authority to bind that entity or person to these Terms, and you are bound by these Terms as a trustee or agent of that person. This Website is only for the use of persons accessing the Website from within Australia.
3. Purpose of this Website
This Website and the Content is intended to provide you with general information only. All Content available on this Website, including (without limitation) any tools, calculators, articles, statements, representations and information is of a general nature only and does not take into account the investment objectives, particular needs or financial situations of any individuals. The Content should not be relied upon as the basis of an investment decision. You should seek independent advice from professional advisors before making any decisions regarding the Content (including any decisions to invest in our Products).
4. Variation
We may, at our sole discretion, vary or modify these terms by posting our updated terms on this Website. Any subsequent access to, or use of, this Website by you will constitute an acceptance of those varied Terms. You acknowledge and agree that we may vary the provisions of these Terms or the features or functionality of this Website from time to time without any requirement to provide prior notice of the variation to you.
5 . Intellectual property
All trademarks on this Website are owned, or used under licence, by us. Nothing contained on this Website should be construed as granting any licence or right to use or reproduce any trademark. All Content is protected by copyright laws and is owned, or used under licence, by us. No documents or information on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed, stored, published, displayed or transmitted in any form by any process and you may not create derivative works from any part of this Website or commercialise the Content without our specific written consent.
6. Compliance with directions
You agree to comply with all directions or instructions we notify you of from time to time regarding your access to and use of the Website (including notice provided via the Website).
7. Accuracy of Content
Whilst we will endeavour to keep this Website up to date and accurate, we cannot guarantee that the information on this Website will be up to date or accurate and you should conduct your own investigations and satisfy yourself as to whether information on this Website is accurate or up to date.
8. Links
This Website may contain links to other websites. These links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
9. Errors and defects
We do not guarantee that this Website will be free from errors or viruses, or that access to this Website will function as intended or uninterrupted. You must take your own precautions to ensure that accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference or damage to our computer system which arises in connection with your use of this Website.
10. Security
We will take all reasonable steps to ensure the security of this Website, including by implementing and maintaining reasonable and current data protection procedures and technologies. However, data transmissions over the internet cannot be guaranteed to be totally secure. Whilst we strive to protect the information you transmit to us or which we store, we do not warrant and cannot ensure the security of such information.
11. Liability
Nothing in these Terms, including without limitation clauses 7, 8, 10 and 11 should be interpreted as attempting to exclude, restrict or modify your rights to make a claim in respect of any consumer guarantees or other applicable provisions of the Australian Consumer Law. If you are a Consumer and the goods and services which we provide you in respect of your access to and use of the Website are Non PDH Goods and Services, then our liability to you in relation to any claim relating to your access and use of this Website and the Content is limited, at our option to:
- the supplying of the relevant services again; or
- the payment of the cost of having the relevant services supplied again.
If you do not access this Website and the Content as a Consumer, then to the extent permitted by law, we exclude all liability for any Loss incurred by you, however caused (including by our negligence), suffered by you in connection with your access and use of this Website and the Content. This clause applies even if we knew or ought to have known that the relevant Loss would be suffered.
12. General
- You acknowledge that the information collected by us may be disclosed by us in accordance with our privacy policy.
- You may not assign your rights or obligations under these Terms.
- If any provision of these Terms is invalid or not enforceable in accordance with its terms in any jurisdiction, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.
- You must ensure that your use of this Website complies with all applicable laws and regulations.
- These Terms are governed and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.