Access Platform

Belz Family & Associates Terms & Conditions

1.Background
      1. These Terms & Conditions govern your use of the website of Belz Family & Associates Pty Ltd ACN 624 531 255 and BFA Investment Management Pty Ltd ACN 636 192 142 (collectively, BF&A), which is available here: https://www.belzfamily.com.au/ (BF&A Site).
      2. By clicking “I Agree”, or by using the BF&A Site, you agree to:
        1. these Terms & Conditions; and
        2. BF&A’s Privacy Policy, together, the Agreement.
      3. BF&A may require you to enter into one or more other agreements in respect of your use of the BF&A Site from time to time. If you do not agree to the terms of the Agreement, or such other agreement or agreements, BF&A may determine, in its absolute discretion, not to allow you to use the BF&A Site or to restrict your rights to use the BF&A Site.
2.Functionality of BF&A Site and rights to use
      1. BF&A may from time to time, in its absolute discretion, make available services through the BF&A Site, which may include:
        1. information about the investments you hold through BF&A and the performance of those investments;
        2. information about investment opportunities;
        3. information about other professional services providers, such as legal, immigration, tax and accounting services;
        4. information about events and educational or networking opportunities provided or promoted by BF&A;
        5. educational material, including analyses and materials and information generally in relation to investments and markets; and
        6. information about other services that BF&A provides, including travel management services and other lifestyle management services.
      2. The BF&A Site is intended for use only by persons who are at least 18 years old and who are sophisticated investors or wholesale clients (as those terms are defined for the purposes of the Corporations Act 2001 (Cth) (Corporations Act)). If you do not satisfy the criteria for a sophisticated investor or wholesale client you should not use the BF&A Site.
      3. You agree that, depending on your country of residence, incorporation or establishment, or if you access the BF&A Site from outside Australia, you may not be eligible for access to, or certain features may be restricted or not available on, the BF&A Site. If you access the BF&A Site from outside Australia, you do so at your own risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.  You also agree that the content, functions and features of the BF&A Site may vary depending on the electronic device that you use to access the BF&A Site.
      4. BF&A may, in its absolute discretion and without notice, refuse to allow you to use the BF&A Site or to register or create an account on the BF&A Site. BF&A may also, in its absolute discretion and without notice, cancel your account on the BF&A Site.
      5. If BF&A refuses to allow you to use the BF&A Site or to register or create an account on the BF&A Site, or if it cancels your account on the BF&A Site, then you must not without BF&A’s consent (which it may grant or withhold in its absolute discretion) seek to use the BF&A Site at any future time or to create any further account with BF&A.
      6. The BF&A Site may not be accessible at all times, for example, if BF&A are carrying out maintenance in respect of the BF&A Site or for reasons beyond BF&A’s control. BF&A do not provide any warranty regarding the availability of the BF&A Site at any time.
      7. BF&A may update and change the BF&A Site from time to time to reflect changes to products and services offered through the BF&A Site, the needs of BF&A’s clients and BF&A’s business priorities.
3.Your general obligations
      1. When accessing and using the BF&A Site, you must:
        1. only access and use the BF&A Site as intended through the functionality of the BF&A Site;
        2. use the BF&A Site, and any information and other material available on the BF&A Site, for your own personal use only and not for any other purpose;
        3. not seek, in any way (including, but not limited to, by excessive use or the transfer any virus, malware or code), to impair or modify the functionality of the BF&A Site or the ability of any other person to use the BF&A Site; and
        4. at all times comply with the Agreement and all applicable laws and regulations.
      2. You are responsible for ensuring that all persons who access the BF&A Site through your account are aware of the terms of the Agreement, and that they comply with it.
4.Your access details to be kept secure
      1. If you are provided with a user identification code, password or any other information as part of BF&A’s security procedures to enable you to access the BF&A Site, you must treat this as confidential. You must not disclose any such code, password or other information to any third party or allow anyone to use it on your behalf (except as expressly authorised by BF&A).
      2. BF&A has the right to disable any user identification code, password or other information required to access the BF&A Site, whether chosen by you or allocated by BF&A, at any time, if in BF&A reasonable opinion you have failed to comply with the Agreement.
      3. If you know or suspect that anyone other than you or any other person approved by BF&A knows your user identification code, password or other information required to access the BF&A Site, you must promptly notify BF&A (see clause 11 for contact details).
5.General limitations applicable to BF&A Site
      1. BF&A is dependent on software, equipment and services, including IT services, provided or managed by third parties in the operation and provision of products, services or features in relation to the BF&A Site. In the event that there are problems relating to the performance of such software, equipment or services, or any arrangements with any of these third parties are terminated, BF&A may not be able to use or have access to such software, equipment or services on a reliable or timely basis or on commercially acceptable terms, or at all.  In these circumstances, the BF&A Site, or its services or features, may be disrupted or become unavailable.
      2. BF&A may use authentication or verification technologies, services or measures as it deems necessary, desirable or appropriate in respect of the BF&A Site. There can be no assurance that such authentication technologies, services or measures will be completely secure, adequate or successful to prevent unauthorised access to or use of the BF&A Site, hacking or identity theft.
      3. BF&A does not guarantee that the BF&A Site will be secure or free from bugs or viruses. You are responsible for configuring your technology to access the BF&A Site and you should use your own virus protection software.
6.Accuracy of information and other material on the BF&A Site
      1. BF&A does not warrant or represent that the information and other material available on the BF&A Site is free from errors or omissions or is suitable for your intended use.
      2. Subject to any terms implied by law and which cannot be excluded, BF&A accepts 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 and other material available on the BF&A Site.
7.Intellectual property rights
      1. BF&A is the owner or the licensee of all intellectual property rights in the BF&A Site and in the information and other material available on the BF&A Site.
      2. Downloading, copying or printing individual pages and/or parts of the BF&A Site is allowed for personal use only and will not transfer title to any intellectual property rights to you.
8.No offer, invitation or solicitation
      1. No information or other material available on the BF&A Site constitutes or will be construed as an offer, invitation or solicitation to buy or sell any equity or debt interest or any other interest that is a security as defined for the purposes of the Corporations Act, or any other financial product of any nature in any country.
      2. No information or other material available on the BF&A Site constitutes general or specific investment, legal, tax or accounting advice of any kind. You should seek the advice of your own financial adviser prior to making any investment decision on the basis of any information or other material available on the BF&A Site.
9.No warranties and limitation of liability
      1. Except for any warranty which may not be excluded by law, BF&A exclude all warranties in relation to the BF&A Site and the use of the BF&A Site, whether express or implied by any legislation, law or otherwise.
      2. Except as otherwise provided by law and notwithstanding any other provision of the Agreement, BF&A excludes all liability to you for any loss, cost or damage (actual, special, direct, indirect and consequential) of any kind arising out of, or in connection with, the BF&A Site or any use of the BF&A Site or any breach by BF&A of the Agreement.
      3. Where BF&A’s liability to you for any breach of the Agreement may not be excluded by law (other than breach where liability cannot by law be limited), BF&A’s liability is limited to $50.
10.Changes to Terms & Conditions
      1. BF&A may make changes to these Terms & Conditions from time to time, by uploading an updated version of these Terms & Conditions on the BF&A Site. BF&A will place a notice on the BF&A Site when significant updates are made to these Terms & Conditions.  You are encouraged to check these Terms & Conditions on a regular basis for updates.
      2. If you do not agree with any modification to these Terms & Conditions, you must immediately terminate your account and you must stop using or access the BF&A Site, in any way.
11.Contacting BF&A
      1. If you have any questions in relation to the BF&A Site or the Agreement, then please contact BF&A at info@belzfamily.com.au or call BF&A on +61 427 21 21 21.
12.Governing law
      1. The Agreement is governed by the laws of New South Wales.