Terms & Conditions
Website
This website “www.thewhiteknightfund.com.au” (including its contents) (Website) is owned by and has been prepared by The White Knight Fund Pty Ltd (The White Knight Fund). These Terms and Conditions apply to users of the Website.
The Website and any Content (as defined below) that you may have access to without registering to The White Knight Fund, is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Website (General Conditions).
The White Knight Fund may change any part of the General Conditions at its sole discretion.
Responsible Use
You acknowledge and agree that you are responsible for all of your activity in connection with accessing and using the Website.
You must not use the Website for any activity that is unlawful or illegal. You must not bypass any security mechanisms imposed by the Website.
You agree that should you find any offending information on the Website, you will immediately email [email protected] and ask that it be removed. This includes any content that could reasonably be regarded as likely to be defamatory, misleading or deceptive, or which would amount to illegal or unauthorised activities. You also agree that The White Knight Fund is to have a reasonable time to consider if the offending material will be removed from the Website.
By using the Website, you are representing to The White Knight Fund that you have the power and authority to accept the General Conditions, that you are capable of assuming, and do assume, any risks related to the use of the Website and the Content, and that you understand and accept the terms, conditions and risks relating to their use. If you are dissatisfied with the Website or the Content, your sole and exclusive remedy is to stop using them.
Changes to Service
The White Knight Fund reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. The White Knight Fund shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website to the extent permitted by law.
The Website is subject to change without notice. The White Knight Fund reserves the right to change or discontinue any feature on the Website (including any Content), hours of availability and equipment or software required for access
Ownership of Website Content
The material displayed on the Website, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Website (Content), are protected by copyright, trade mark (registered or unregistered) and other intellectual property laws unless expressly indicated otherwise on the Website.
The White Knight Fund retains all exclusive rights it has in relation to the Website, the Content, and any materials developed or created by The White Knight Fund as part of the Website.
The Website and the Content are subject to copyright under the laws of Australia, and through international treaties, the laws of other countries. The copyright is owned by The White Knight Fund, or in the case of some of the Third Party Materials (as defined below), by third parties. The materials on the Website may not be reproduced, copied, transmitted, adapted or used in whole or in part for any purpose not approved by The White Knight Fund in writing.
Project Listings Disclaimer
The White Knight Fund will not conduct any negotiations on your behalf in relation to any interest you may have in selling, acquiring, or otherwise dealing with any interest in a project posted on the Website. The White Knight Fund recommends that you seek independent legal, commercial and technical advice with respect to your proposed use of any information you obtain from the Website.
Although the vendor of each of the projects listed on the Website (Project Vendor) will have represented and warranted to The White Knight Fund that it is the registered holder and beneficial owner of its project and that it is entitled to and has taken all necessary action authorising it to advertise, sell, assign, transfer the full legal and beneficial ownership of its interest in the project to a purchaser on such terms as may be agreed (without restriction), you acknowledge and agree that The White Knight Fund makes no representation or warranty to you that:
- (a) a Project Vendor is the authorised owner of the project or has the rights to sell or negotiate a transaction in relation to its interest in the project; or
- (b) the Project Vendor is of good character or that you will be dealt with fairly or in good faith by the Project Vendor.
You acknowledge and agree that you will seek your own legal, commercial and technical advice in regard to your interest in any such project.
External Contents & Links
The Website contains third party advertisements including banner ads, third party logos and information, material and documents relating to or provided by third parties, including Project Vendors (Third Party Material). The Third Party Material may contain embedded hyperlinks to websites operated by third parties or their licensees or contractors (Third Party Websites). In some instances, the Third Party Material will contain representations or offers which you can accept by linking to the relevant Third Party Website and executing the relevant transaction.
The White Knight Fund does not control the Third Party Material posted via the Website or the Third Party Websites. As such, you acknowledge and agree that:
- (a) by using the Website, you may be exposed to Third Party Material or a Third Party Website that is misleading, deceptive, incomplete, inaccurate, out of date, offensive, indecent or otherwise objectionable;
- (b) any offers contained within Third Party Material or on Third Party Websites are not made or recommended by The White Knight Fund and the relevant third party is solely responsible to you for the delivery of any goods or services you purchase on the Third Party Website;
- (c) The White Knight Fund does not give any representation or warranty as to the reliability, accuracy or completeness of any Third Party Material on the Website, Third Party Websites, linked sites, or subsequent sites and no endorsement is intended or implied by the presence of such Third Party Material on the Website;
- (d) the policies described on the Website do not apply to the Third Party Websites;
- (e) your linking to such Third Party Websites is entirely at your own risk;
- (f) The White Knight Fund is not responsible for the accuracy or reliability of any information on the Third Party Websites;
- (g) any Third Party Material (including, but not limited to, projects listed by Project Vendors) may be subject to change without notice to The White Knight Fund or to you; and
- (h) under no circumstances is The White Knight Fund liable in any way (including in negligence) for any loss or damage of any kind incurred by you arising out of or as a direct or indirect result of the use of any Third Party Material, Third Party Websites, linked sites or subsequent sites or of any Third Party Material posted, emailed, transmitted or otherwise made available via the Website.
Disclaimer and No Guarantee
The Website and the Content are provided by The White Knight Fund on an “as is” and “as available” basis. The White Knight Fund does not guarantee that the Website or any Content will help you achieve any outcome or otherwise meet your requirements or be fit for your purposes. The White Knight Fund (to the extent permitted by law) expressly disclaims any and all warranties, representations, undertakings or guarantees, express or implied, with respect to the Website and the Content and any values (including, without limitation, valuations of any peer, project, transaction or resource) specified in any Content.
Limitation of Liability
You acknowledge and agree that The White Knight Fund:
- (a) does not conduct any due diligence or verify any information, including, without limitation, any values contained on the Website;
- (b) makes no representation, warranty or guarantee, express or implied, that the Website or any Content or any values (including, without limitation, valuations of any peer, project, transaction or resource) specified in any Content will meet your requirements or be fit for your purposes, be accurate, uninterrupted, available, complete, timely, secure, error-free or result in any particular valuation being achieved in relation to any stock market listing, company valuation or project transaction.
- (c) does not accept any liability which may arise from your use or reliance on any part of the Website or the Content,
- and you further acknowledge and agree that:
- (d) the Website is not fault-tolerant or intrusion-proof and is not designed for use in high risk or mission critical activities; and
- (e) the Website will have such functionality and features as The White Knight Fund determines to provide from time to time and The White Knight Fund has not made any representations that the Website will have (or continue to have) any particular functionality or feature.
To the fullest extent permitted by applicable law, none of The White Knight Fund, its affiliates and associates, and any of their officers, employees, representatives and agents, are liable for any loss, damage, liability, claim, cost, expense or demand of any kind whatsoever (including without limitation for any indirect, incidental, punitive or consequential loss or for loss of data) suffered or incurred by you which has arisen directly or indirectly as a result of or in connection with the Website or the Content, whether or not caused by The White Knight Fund’s negligence and whether or not the possibility of loss was known to The White Knight Fund.
You must take your own precautions to ensure that the process you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, The White Knight Fund does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked web site.
The White Knight Fund does not warrant and cannot ensure the security of any information which you transmit to The White Knight Fund or access on the Website. Accordingly, any information which you transmit to The White Knight Fund is transmitted at your own risk and any information which you access on the Website is accessed at your own risk.
In respect of any condition, warranty, representation or consumer guarantee implied or provided by law that cannot be excluded, where permitted by law The White Knight Fund’s liability is limited to the minimum obligations or liabilities permitted by law, unless otherwise agreed to by The White Knight Fund in its sole discretion.
Indemnity
You agree to indemnify and hold The White Knight Fund, its affiliates and associates, and their directors, officers, employees, representatives and agents, harmless from any loss, damage, liability, claim, cost, expense or demand of any kind whatsoever, including legal fees, incurred by, borne by or asserted against The White Knight Fund, by you or any third party (including any person who has posted details about a project on the Website) due to or arising out of any content you submit, post to or transmit through the Website, or in connection with the Website or the Content, your use of the Website, your connection to the Website, your violation of the General Conditions or your violation of any rights of another.
Privacy Policy
Information you provide to The White Knight Fund is subject to The White Knight Fund’s Privacy Policy. You consent to The White Knight Fund using and disclosing your personal information in accordance with the Privacy Policy. For more information, see our full Privacy Policy.
General
The Website and The White Knight Fund are located at Level 2, 8 Richardson Street, West Perth, Western Australia 6005.
The White Knight Fund will not be liable for any failure to perform or delay in performing its obligations under the General Conditions caused (in whole or in part) by an event beyond The White Knight Fund’s reasonable control including but not limited to acts of terrorism, labour shortages, labour disputes, transport delays, data-communication delays, inability to obtain products or supplies, fires, explosions, contamination, civil disobedience, mechanical breakdown, weather, acts of God, government action or regulation, failures or faults of contractors or any similar event.
You may not assign, transfer or sub-license all or any of your rights and obligations under the General Conditions.
No provision of the General Conditions shall be construed to the disadvantage of a party merely because that party was responsible for the preparation or the inclusion of the provision.
Entire Agreement
The General Conditions constitute the complete agreement between the parties with respect to your use of the Website and no duties or obligations of The White Knight Fund or related entities shall be implied. The General Conditions are intended to constitute a legally binding and enforceable obligation of both parties.
Governing Law
Your use of the Website and all of our legal notices will be governed by and construed in accordance with the laws of Western Australia, Australia and by using the Website and accessing the Content you irrevocably and unconditionally submit to the jurisdiction of the courts of Western Australia, Australia.
Waiver and Severability of Terms
The failure of The White Knight Fund to exercise or enforce any right or provision of the General Conditions shall not constitute a waiver of such right or provision. If any provision of the General Conditions is found by a court of competent jurisdiction to be invalid, you and The White Knight Fund agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions remain in full force and effect.