Terms and conditions

By accessing this website ("Website") and any materials or information presented on the Website or provided, disclosed or presented by Ignition Energy Investments Pty Ltd ("Ignition Energy" or "We"), you agree to accept the following terms and conditions of use ("Terms"). Ignition Energy reserves the right to amend at any time the Terms and, by using the Website, you acknowledge that you agree to be bound by the current Terms in use.

Ignition Energy

Ignition Energy holds Australian Financial Services Licence (AFSL no 318713) and is authorised to provide financial product advice, deal in financial products and make markets in derivatives to wholesale clients.

Disclaimer

All of the material published on the Website is for information purposes only and does not constitute advice. Whilst the information on the Website has been prepared with all reasonable care from sources that we consider to be reliable, we take no responsibility or liability for any errors, omissions or misstatements in the information howsoever caused. This information is of a general nature only and has been provided without taking account of your objectives, financial situation or needs.

The information on the Website is current at the date of publication but may be subject to change. Whilst Ignition Energy has made every effort to ensure that information is free from error, we do not guarantee that the information or images are current, complete or correct and therefore accept no responsibility. Ignition Energy does not accept liability for errors, omissions in, delays or interruptions to or cessation of access to the Website, through negligence or for any other reason whatsoever. Ignition Energy does not guarantee that the Website or third party websites will be free from viruses.

References to other sites are provided as an information service only and should not necessarily be construed as an endorsement. Conversely, omissions should not be construed as non-endorsement.

Although every care is taken to provide links to suitable material from this site, the nature of the internet prevents us from guaranteeing the quality, suitability, completeness or accuracy of any of the material that this site may be linked to. Consequently, Ignition Energy accepts no responsibility for the content of that material including any unsuitable or inaccurate material that may be encountered.

You should be aware that past results cannot be considered a reliable predictor of future outcomes and that investing can result in financial loss. Where Ignition Energy has provided any future or extrapolated statements, these reflect only the views of Ignition Energy and should not be relied on by you. Actual outcomes may vary significantly from predicted outcomes.

Ignition Energy is not responsible for the accuracy or legitimacy of information found elsewhere on the internet and there is no guarantee that any of the sites listed will be available at any particular time. Subject to any terms implied by law and which cannot be excluded, we accept no responsibility for any loss, damage, cost or expense (whether direct or indirect) incurred by you as a result of any error, omission or misrepresentation in any information in this site.

Ignition Energy does not guarantee any services which might be announced nor provide any authorisation direct or indirect relating to use of information or links.

Limitation of Liability

Under no circumstances does the information displayed on the Website at any time constitute the provision of financial advice nor should it be used or considered as an offer to sell or a solicitation of an offer to buy any interest in any investment fund, managed investment scheme or security sponsored, owned or managed by Ignition Energy or its affiliates.

Any such offer or solicitation can and will be made only:

  • by means of the confidential documents of the relevant fund;
  • to those individuals who meet the investor suitability requirements; and
  • only in jurisdictions in which such an offer would be lawful.

Access to information about the investment funds may be limited to individuals who meet the applicable investor suitability and sophistication requirements.

Ignition Energy and any of its officers, directors, principals, agents and employees make no representations or warranties, express or implied, regarding the accuracy, reliability, completeness, suitability or other characteristics of the information and materials contained on or presented throughout the Website. Ignition Energy disclaims all warranties and conditions with regard to such information and materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement and availability.

To the maximum extent permitted by law, Ignition Energy and any of officers, directors, principals, agents and employees disclaim liability for any claims, liabilities, losses, costs or damages, including direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way connected with:

  1. the use of or inability to use the Website or with any delay in using the Website;
  2. any information and materials obtained through the site;
  3. otherwise arising out of the use of the site; or
  4. in any case whether based on actions arising in contract, tort or otherwise.

This disclaimer applies, to the maximum extent permitted by law, even if Ignition Energy or any of its respective officers, directors, principals, agents or employees have been advised of the possibility of damages.

Entering into any transaction or agreement with any party is entirely at your own risk. We recommend you consider, with or without the assistance of a financial adviser, whether the information is appropriate in light of your particular needs and circumstances.

Intellectual Property Rights

Except for the copyright in the Terms, Ignition Energy asserts copyright and all other intellectual property rights in the Website, unless otherwise stated. Except where indicated to the contrary, all trade marks which appear on the Website are the property of Ignition Energy and are indicated by the appropriate symbol. You may only use the Website and information contained therein for your own personal, non-commercial information purposes.

Ignition Energy also reserves copyright and all other intellectual property rights in all our documents and images appearing on or linked to the Website. Users of the Website may download a single copy of these documents and images for their personal use only.

Except where allowed in this notice or permitted under the Copyright Act 1968 (Cth) or other applicable laws, no information appearing on or linked to by the Website in which we have reserved copyright shall be reproduced in any form, adapted or transmitted in any form by any process, including electronic form, without our express permission. Otherwise, Ignition Energy reserves all of its rights in the intellectual property rights.

Withdrawal and Suspension of Service

Ignition Energy may withdraw completely, or suspend for a period of time, the Website, or access to it for any reason including without limitation:

  1. if there is an interruption, fault, virus, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
  2. if you breach any part of the Terms;
  3. if you use the Website for an inappropriate purpose, including the storage or transmission of inappropriate or offensive material.

Privacy Policy

Ignition Energy respects the privacy of our clients, agents and associates and protects your personal information. We comply with the National Privacy Principals ("NPPs") as implemented under the Privacy Amendment (Private Sector) Act 2000 ("Privacy Act"), which came into effect on 21 December 2001. The Privacy Act established a national scheme for the handling of personal information by private sector organisations. The NPPs are the minimum privacy standards.

This Privacy Policy outlines how Ignition Energy safeguards the privacy of your personal information in compliance with Australian privacy laws. The scope of the principles set out in our Privacy Policy extends to any personal information you give to us in person, through the telephone, via our website or pursuant to any other arrangement.

Personal Information

Personal Information is defined in privacy legislation as any information or opinion, whether true or not, about an individual from which their identity is apparent or can reasonably be ascertained.

Collection of your Personal Information

Ignition Energy only collects personal information from you, which is necessary for conducting our business, providing our services to you and meeting our legal obligations. We collect personal information about you only by lawful and fair means and not in an unreasonably intrusive way.

Ignition Energy take reasonable steps to ensure that you know why we are collecting your personal information, what we use it for, to whom we disclose it and how you can access is to ensure its accuracy.

Where reasonable and practicable to do so, Ignition Energy collects personal information about you directly from you. Generally, we may collect personal information about you when you meet with us in person, contact us by telephone, facsimile or email, correspond with us by mail or when you request further information about our services through the Website.

Generally, Ignition Energy only collects personal information from the Website when you provide it voluntarily, for example when you: complete an electronic form requesting further details about services, send us an email or submit your curriculum vitae to us.

Occasionally, while acting on your behalf, Ignition Energy may collect personal information about you from a third party such as organisations with whom you may have dealings, an information service provider or from a publicly maintained record.

Use and Disclosure of your Personal Information

Ignition Energy endeavours to use and disclose personal information about you only for the primary purpose for which we have collected it. The primary purpose of collection may relate, for example, to: the provision of our services, considering your application for employment with us or providing you with information.

Sometimes it may be necessary to use or disclose your personal information for a secondary purpose, which is related to the primary purpose of collection, such as providing our newsletter to you.

Ignition Energy does not disclose or sell your personal information, which it collects and holds, to third parties in order to allow them to directly market their products and services to you.

Securing your Personal Information

Ignition Energy will take reasonable steps to protect the personal information which we hold from misuse and loss, and from unauthorised access, modification or disclosure.

To protect your personal information, we have implemented physical, computer and network, communications and personnel security measures. Authorised users who have been issued passwords and specific user identifiers can only gain access to our computer system.

Ignition Energy takes reasonable steps to destroy or permanently de-identify your personal information if we no longer need it. We have in place systems for destroying or de-identifying personal information that is no longer required, such as shredding of paper documents that contain such information.

Accessing your Personal Information

Subject to the exceptions outlined in the Privacy Act, you may gain access to the personal information that we hold about you by contacting our Privacy Officer.

Ignition Energy will deal with your request within a reasonable time. We may charge you a reasonable fee for retrieving the personal information we hold about you and providing you with a copy of it.

In the event that we deny you access to your personal information, we will provide reasons for our decision to do so.

Our Contact Details

If you would like to find out more about Ignition Energy's management of personal information or our approach to privacy, please contact our Privacy Officer by emailing privacy@ignitionenergy.net.au

Amendment to Privacy Policy

Ignition Energy reserves the right to amend our Privacy Policy as and when it becomes necessary. We will issue notice about any changes to the content of this policy by publishing an updated version on the Website.

Acceptance and Changes to Terms

You acknowledge and accept that your use of the Website indicates your acceptance of the Terms, the Intellectual Property Rights Notice and the Privacy Policy.

The Terms replace any other Terms for the Website published to date. Ignition Energy may at any time vary the Terms by publishing variations on the Website. You accept that by doing this, we have provided you with sufficient notice of the variation.

Termination

If in our reasonable opinion, you breach any of the Terms, Ignition Energy may suspend, terminate or limit your access to the Website immediately.

If any of the Terms are invalid or unenforceable, the relevant term will be struck out and the remaining terms will remain in force. If Ignition Energy does not act in relation to a breach by you of the Terms, this does not waive Ignition Energy's right to act with respect to subsequent or similar breaches.

Governing Law

This notice and the information on this site and all matters relating thereto are governed by and are to be construed according to the laws applicable in the State of Victoria, Commonwealth of Australia. The parties irrevocably submit to the exclusive jurisdiction of the Courts of Victoria, Australia and the courts of appeal from them for determining any dispute concerning the Terms or any other matters directly or indirectly relating to the Website or its contents.

Copyright © 2012 Griffith Hack Lawyers

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