Terms and Conditions

By accessing / viewing the contents of or using this website and related services, you as a User of this website agree to all of the following Terms and Conditions, and our Privacy Policy (available at [insert URL link]), outlined in this notice without limitation or qualification (‘Terms’).

You should review our Privacy Policy and these Terms carefully and immediately cease using the Website if you do not agree to these Terms.

For the purposes of these Terms, unless an intention to the contrary is expressed, the term ‘Royal Oak’ includes Royal Oak Capital Pty Ltd (ABN 37 655 254 756), its affiliates and its Related Bodies Corporate (as that term is defined in the Corporations Act 2001 (Cth)) (together, ‘Royal Oak’), all of which are represented in the domain name www.royaloakcapital.com.au (‘Website’). In these Terms, ‘us’, ‘we’, and ‘our’ means Royal Oak.

 

Use of this 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, investment or legal 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 on the basis of any information accessed at or through this Website without obtaining and considering appropriate professional advice specific to your own circumstances.
  • Before making a decision in relation to any Royal Oak product, you should obtain and consider the appropriate information provided to you.
  • Royal Oak is not liable to you or anyone else if interference with, or damage to, your computer, software or data occurs in connection with the use of this Website or a linked website.
  • Royal Oak makes no representations as to the availability of the Website and the availability of any websites linked from or to the Website.

 

Disclaimer of Liability

  • To the maximum extent permissible by law, Royal Oak 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.
  • Royal Oak 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, Royal Oak:
    • 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.
  • Royal Oak may make changes to the materials on this Website (including the Terms) at any time without notice. The materials on this Website may be out of date, and Royal Oak makes no commitment at any time to update the materials on this Website. Royal Oak is not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date. You should monitor any changes to the information contained on the 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 Royal Oak to collect and access your information from time to time for the purpose of providing our services to you, and to ensure that Royal Oak is able to 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 Royal Oak in accordance with Australian laws.
  • View our Privacy Policy here.
  • By providing your personal information to Royal Oak, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

 

User Account

  • Upon completion of our registration process, including satisfaction of any required verification checks and acceptance by us, we may open an account in your name in our systems that will enable you to access and use the Website in accordance with the provisions on these Terms (‘User Account’).
  • In order to access your User Account, you will be asked to choose a username and password (‘Access Codes’).
  • Each time you seek to access your User Account, we will check your identity by asking for your Access Codes. As long as your correct Access Codes are entered, we will assume that you are the person accessing your User Account unless you notify us otherwise in accordance with these Terms.
  • You must therefore keep the Access Codes secret and secure and make sure that they are not selected or stored in a way that enables others to access them or impersonate you. In addition, if you disclose the Access Codes to any person whom you authorize to access your User Account, you are also responsible and liable for any access, use, misuse or disclosure of your Access Codes or your User Account by such person.
  • You must notify us immediately if you discover or suspect that the security of your Access Codes may have been breached. If we receive such a notification from you or determinate ourselves that the security of your Access Codes may have been breached, we may elect to cease access to your User Account and you will not be able to access the Site until measures have been taken to verify your identity.
  • You undertake not to use the Website to use or attempt to use another person’s User Account without authorization from us, or create a false identity in relation to the Website.

 

Unacceptable Activity

  • You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
    • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
    • using the Website to defame Royal Oak, its employees or other individuals;
    • uploading files that contain viruses that may cause damage to Royal Oak’s property or the property of other individuals;
    • posting or transmitting to the Website any non-authorised material including, but not limited to, material that is, in Royal Oak’s opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
  • If Royal Oak allows you to pose information to the Website, Royal Oak has the right to take the information down, at Royal Oak’s sole discretion and without notice.

 

Termination and Assignment

  • We may terminate your User Account and Website access for any reason at any time, with or without notice. Upon the termination of your User Account, your access to the Website will be terminated and we will have no obligation to store or provide you with access to any information relating to your activity on the Website.
  • You may not assign any part of these Terms without our written consent but we may assign these Terms to any associated companies or affiliates without notice to you.

 

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

  • Royal Oak does not guarantee or warrant that any files available for downloading through this Website (or any linked websites) 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 Western Australia, Australia (‘WA’), 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 Western Australia.
  • If you view the contents of or use this Website from locations outside of. WA, 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.
  • Royal Oak 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.

 

Changes 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.