Terms of Use

Issue date: August 2024

1. Your agreement with us

These Terms of Use apply to this Website.

By using or accessing this Website you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, then you are not permitted to use this Website and should immediately terminate such usage.

In these Terms of Use, a reference to ‘Coogee Capital’, ‘we’, ‘us’ and ‘our’ is a reference to Coogee Capital Pty Ltd, Coogee Capital Licensee Pty Ltd (which holds AFS licence 558797) and any of their associates and subsidiaries that forms part of the Coogee Capital group of companies. A reference to ‘you’ or ‘your’ in these Terms of Use is a reference to any person, accessing, reviewing or using this Website.

2. Changes to Terms of Use

We may change these Terms of Use at our discretion and without notice. You will be deemed to have accepted these Terms of Use (as amended) if you access or continue to access this Website after any amendments are made to these Terms of Use.

3. General information

Information on this Website is of a general nature only and any examples or forecasts are provided for illustrative purposes only. The information on this Website does not take into account your individual objectives, financial situation or needs. We recommend you obtain financial, legal and taxation advice before making any investment decision.  

4. No offer of financial products

The content of this Website does not constitute an offer, inducement or invitation by Coogee Capital to buy, sell or issue any financial product or service. Accordingly, reliance should not be placed solely on the content of this Website as the basis for making an investment, financial or other decision.

None of the services or financial products referred to on this Website are available to persons where it would be contradictory to local law or regulation to offer those financial products or services.

5. Privacy Policy

You agree that Coogee Capital will collect, store and disclose personal information in accordance with its Privacy Policy.

6. Dollar amounts

Any references to currency or amounts on this Website are in Australian dollars, unless otherwise specified. Amounts stated on this Website are not valuations and should not be relied on or treated as such.  Amounts stated on this Website may or may not be inclusive of taxes, such as GST.

7. Applicable law

These Terms of Use are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia and its appellate courts. The venue for the adjudication or disposition of any such claim, action or dispute will be in New South Wales, Australia.

8. Copyright

Unless otherwise indicated, Coogee Capital owns, or is licensed to use, all intellectual property (including without limitation copyright, trademark and designs) subsisting in the materials on this Website. To the extent permitted by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written consent.

All names, logos and trademarks on this Website are the property of Coogee Capital (or their respective owners). Nothing on this Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks without the express written agreement of Coogee Capital (or their respective owners).

9. Virus warning

Coogee Capital does not guarantee that this Website (including any website links or downloads) is free from viruses or any other defects, although due care has been taken to minimise such risk.

10. Limitation of liability

To the extent permitted by law, Coogee Capital is not liable to you or any other party for any direct, indirect, incidental, special, exemplary or consequential damages of any type (including, without limitation, any lost profits, lost opportunity, business interruption, lost savings or loss of data) related to or arising from: (a) this Website; (b) any use of this Website or of any website or resource linked to, referenced or accessed through this Website; or (c) the use or downloading, or access to, any materials, information, products or services. These exclusions apply even if Coogee Capital is expressly advised of the possibility of such damages and extends to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories.

To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms of Use and our maximum aggregate liability to you for all losses, damages and other amounts referred to in the above exclusions of liability under any cause of action referred to in the above exclusion of liability is limited to ten Australian dollars.

11. Indemnity

You agree to indemnify, defend and hold harmless Coogee Capital from and against all losses, expenses, claims, proceedings and damages of every kind due to or arising out of any violation of these Terms of Use, the rights of another party or any applicable law or arising out of: (a) any activity related to your account or use of this Website; or (b) by you or any other person accessing this Website using your internet account or access. The indemnity in this clause extends to and applies for the benefit of our officers, directors, employees, agents, contractors, licensors and suppliers.

12. Disclaimer of warranty

You use this Website at your sole risk. To the extent permitted by law, all materials, information, products, programs and services on this Website are provided ‘as is’, with no warranties, conditions, representations or guarantees whatsoever. To the extent permitted by law, Coogee Capital expressly disclaims all implied, statutory and other warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, Coogee Capital does not represent or warrant that the functions within this Website will be uninterrupted, error-free or secure, that any defects will be corrected, or that this Website or the server that makes this Website available is free of viruses or other harmful elements. You agree that in using this Website you have not relied on any warranty made by us not expressly contained in these Terms of Use. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services from this Website, you do so at your own discretion and risk and that you will be solely responsible for any damages, loss, cost or expense that may result, including loss of data, theft or damage to your computer system.

If the applicable law prohibits the exclusion of any of the warranties referred to above, to the extent permitted by law, Coogee Capital limits its liability for breach of any such warranties to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at its sole discretion.

13. Password security

If you are allocated a password to access any part of this Website, you are responsible to prevent the password being disclosed to any third party. You indemnify Coogee Capital against any and all unauthorised use of your username and password.

14. Accuracy and currency of information

Information on this Website is current only on the day it is placed on the website. We make no assurance that any information on this Website will be updated immediately or at all. Except as otherwise provided, Coogee Capital makes no statement regarding the accuracy and correctness of the content on this Website. Neither Coogee Capital nor its directors and officers, accept responsibility for any errors or omissions which may subsequently be found evident on this Website.

No person should take action on reliance of the material contained on this Website, but instead should satisfy themselves independently of the appropriateness of such action.

15. Past performance

Past performance of any product or investment (including real property, debt, managed account, security or managed investment scheme) described on this Website is not a reliable indication of future performance.

16. Forward-looking statements

Statements contained on this Website and in information published by us from time to time may include statements of future expectations. Forward-looking statements are not guarantees of future performance and involve known and unknown risks, uncertainties, assumptions and other important factors, many of which are beyond the control of Coogee Capital. Such statements are subject to risk and uncertainties that could cause actual results to differ materially from those projected.

17. Website links

All external links located within this Website are for reference purposes only. Coogee Capital does not endorse, approve or recommend the company, product or service provided on or associated with the external link. We are not responsible for the content of any website linked to this Website.

18. IP addresses

An IP address is a number assigned to your computer whenever you access the internet. It is not linked to personally identifiable information. We may use your IP addresses to analyse trends, administer the website, track your use of this Website and gather broad demographic related information.

19. Use of Cookies

A ‘cookie’ is a small text file that is placed on your computer or internet-enabled device whenever you visit this Website. This allows this Website to remember your computer or device and serves a number of purposes. By accessing and using this Website, you agree that we may use cookies to collect information and track your usage patterns on our website.

The use of cookies is an industry standard and many major browsers are initially set up to accept them. You can reset your browser settings to either refuse to accept all cookies or to notify you when you have received a cookie. You may also delete cookies from your device at any time. However, if you refuse to accept cookies, you may not be able to access or use all of the features available on this Website.

20. Unsolicited commercial messages

We may publish electronic addresses on this Website to facilitate communication relating to our business functions. This is not to be inferred as consent by us or the relevant addressees to receiving unsolicited commercial messages.