In these Terms and Conditions, a reference to ‘we’, ‘us’ and ‘our’ is a reference to, Equity Trustees Limited (ABN 46 004 031 298, AFSL 240975), EQT Australia Pty Ltd (ACN 111 042 132), EQT Structured Finance Services Pty Ltd (ACN 152 197 825) and Fort Street Real Estate Capital Pty Ltd (ACN 164 101 731; AFS representative 000440307). Fort Street Real Estate Capital Pty Ltd is an authorised representative of Fort Street Capital Pty Ltd (ACN 164 101 704; AFSL 497000). A reference to ‘you’ or ‘your’ in these Terms and Conditions is a reference to any person, accessing, reviewing or using this Investor Portal and its contents, and where appropriate may be you in your capacity as an employee, consultant, agent or fund manager of an investor.
1. CHANGES TO TERMS AND CONDITIONS
We may change these Terms and Conditions at our discretion and without notice. You will be deemed to have accepted these Terms and Conditions (as amended) if you access or continue to access this Investor Portal after any amendments are made to these Terms and Conditions.
2. GENERAL INFORMATION
In addition to the terms set out in these Terms and Conditions, there are also general terms which apply to your use of, and access to, our website as a whole. These specific terms of use can be found here (Terms of Use). As the Investor Portal forms part of our website, any access to the Investor Portal is also bound by the Terms of Use.
By accessing the Investor Portal, you acknowledge and agree that these Terms and Conditions and the Terms of Use will govern your access to, and use of, the Investor Portal.
Without limitation, you acknowledge and agree that the following clauses of the Terms of Use will apply to your access to, and use of, any information and documents available on the Investor Portal (Information):
- clause 3 (General Information);
- clause 4 (For Australian Residents Only);
- clause 8 (Accuracy and Currency of Information);
- clause 9 (Past Performance);
- clause 10 (Forward-looking Statements);
- clause 20 (Limitation of Liability);
- clause 21 (Indemnity); and
- clause 22 (Disclaimer of Warranty).
In particular, the Information is of a general nature only and any examples or forecasts are provided for illustrative purposes only. This general information has been prepared without taking into account your investment objectives, financial situation or needs. Before acting on this Information you should consider the appropriateness of the Information for your particular investment objectives and financial situation and seek advice from a financial adviser.
3. PURPOSE OF ACCESS
The Information is our sensitive, commercial information. Such Information is made available to you, as an investor in the FSREC Property Fund, for your personal use only.
By accessing the Investor Portal, you acknowledge and agree that you will not use any of the Information for any commercial purpose without our prior written consent. For these purposes, a “commercial purpose” is deemed to be any purpose other than accessing and using the Information for your own personal decision making.
4. CONFIDENTIALITY
You acknowledge and agree that the Information is confidential and that you may only use the Information for your own personal decision making.
You must not disclose the Information to any third party, unless such disclosure is:
- to your professional advisers, for the sole purpose of obtaining necessary professional advice from such advisers in relation to the Information and provided that the Information is disclosed to your advisers subject to appropriate confidentiality requirements;
- required to made by law or the rules of an applicable stock exchange; or
- with our prior written consent, which may be withheld at our absolute discretion and may be subject to any such conditions as we require.
On our request, you must immediately:
- cease using the Information; and
- return to us or destroy any copies of the Information in your possession.
If you have disclosed the Information to your professional advisers, then you must ensure that those professional advisers also return or destroy any copies of the Information in their possession.
You acknowledge and agree that a breach of these Terms and Conditions may cause us, or the FSREC Property Fund, immediate and irreparable damage and, as damages may be an inadequate remedy, we have the right to obtain an injunction against you and your representatives for an actual or suspected breach of these Terms and Conditions.
5. ACCESS
You acknowledge and agree that:
- we are not obliged to provide investors with access to the Investor Portal and the Information, and that we may at any time in our sole discretion:
(i) withdraw an investor’s access to the Investor Portal; or
(ii) remove certain Information from the Investor Portal; and - your access to the Investor Portal or the Information has been granted to you in your capacity as an investor in the FSREC Property Fund, and may be revoked if you withdraw from or otherwise cease your investment.
We may, at our sole discretion and without notice, suspend or terminate your access to the Investor Portal at any time. Such suspension or termination may be undertaken for any reason, and could arise in circumstances where:
- we consider that you have, or we suspect that you may have, accessed or used the Investor Portal or the Information for a purpose other than your personal use, unless we have provided written consent to that use;
- we consider that you have otherwise breached these Terms and Conditions or the Terms of Use; or
- we terminate all investors’ access to the Investor Portal and the Information.