Use of the Custodianship Website


This web site, accessible at www.custodian.fund (Website), is owned and operated by the Custodian Co-operative.


Acceptance of, and changes to, terms and conditions of use


By using this Website, or downloading materials from this website, you agree to the terms and conditions of use contained in this notice without limitation or qualification. These terms and conditions of use may be revised at any time by updating this posting, and will be effective as of the date of such posting. Your continued use of the Website after any changes to this posting will be considered acceptance of those changes. This text was last revised on 27 July 2018.


General Information


Any investment opportunity referred to on the Website is only available to ‘wholesale clients’ as defined in the Corporations Act 2001 (Cth). If you are considering an investment in any such opportunity, you must read the relevant information memorandum (IM) in its entirety. No information on this Website, or any IM, constitutes a PDS, prospectus or other type of regulated offer document. Information on this Website:

– does not constitute an offer for the issue, sale or purchase of any securities or other financial products, or any recommendation to invest in any asset; and

– has been prepared without taking account of any particular person’s objectives, financial situation or needs.


You should always seek appropriate independent professional advice before making any investment decision. No member of the Custodian Group, nor any of its associates, related entities or directors guarantee the performance of any investment or the repayment of monies invested. While every care has been taken in the preparation of information on this Website, the Custodian Group does not warrant as to the accuracy or completeness of any statement including, without limitation any forecasts or opinions. To the maximum extent permitted by law, the Custodian Group disclaims all liability for any loss or damage which may arise out of the provision to, or by, or use by, any person of the information on this Website.


Where the Custodian Group makes third party material available or accessible through the Website you acknowledge that the Custodian Group is a distributor and not a publisher of that content and that its editorial control is limited to the selection of those materials to make available.


The content on this Website does not form part of the terms for the Custodian Group supplying to you any products and services of the Custodian Group.


No security or other product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, or other laws of such jurisdiction.


Disclaimer and Limitation of Liability


General

No part of these terms and conditions of use excludes, restricts or modifies any condition or warranty implied into these terms and conditions of use or any liability imposed on the Custodian Group by any applicable law (including the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth)) if to do so would contravene such law or make any part of these terms and conditions of use void.


Exclusion and limitation


To the extent permitted by law, all conditions, warranties and other terms implied by statute, custom or the common law are excluded from these terms and conditions of use. If any statute implies terms into these terms and conditions of use which cannot be lawfully excluded, then those terms and conditions will apply and, to the extent permitted by law, the liability of the Custodian Group for the breach of any such term will be limited to the minimum remedy provided for in such terms and conditions.


Liability of the Custodian Group (whether that liability arises under contract, tort (including negligence) or statute) is limited to the amount paid by you, if any, for accessing this Website.


In no circumstances will the Custodian Group, its subsidiaries, affiliates, or any party involved in creating, producing, or delivering this Website be liable to you or to any entity for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered in connection with the use of, or the inability to use, the content, materials and functions on this Website or any linked Website, even if the Custodian Group or an authorised representative has been expressly advised of the possibility of such damage.


The Custodian Group excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any incidental, consequential, special, or punitive damage (including, without limitation, any loss of profits, loss of opportunity, loss of revenue, loss of anticipated savings, business interruption, loss of information or programs or other data on your information handling system) resulting from the use of, or the inability to use, the content, materials and functions on this Website or any linked Website, even if the Custodian Group or an authorised representative has been expressly advised of the possibility of such damage.


You must be a human. Accounts registered by "bots" or other automated methods are not permitted.


Damage and viruses


The Custodian Group will not be liable for any damage to, or viruses that may infect, your computer equipment or other property as a result of access to, use of, or browsing this Website or your downloading of any data, text, images, video, or audio material from this Website.


Errors


The Custodian Group does not warrant that the functions contained in the Website materials will be uninterrupted or error-free or that defects will be corrected. The Custodian Group does not warrant or make any representations regarding the use or the results of the use of the materials on this Website in terms of their correctness, accuracy, reliability, or otherwise.


Copyright


This website contains copyright works that have been created by the Custodian Group. No copyright work shall be reproduced or transmitted separately to this website content in any manner without the specific written permission of the Custodian Group. Any unauthorised use of the images may infringe copyright laws, trade mark laws, the laws of privacy and publicity, and communications regulations and statutes. If it has been discovered that unauthorised use of copyright materials, which includes images, icons, tables, etc, has been taken then the Custodian Group may bring legal proceedings against the unauthorised user and seek monetary damages as well as injunctions to stop immediate use those materials. In addition, the associated legal costs will be sought.


This website is controlled, operated and administered by the Custodian Group from its offices in Melbourne, Victoria, Australia. Wingate makes no representation that materials on this Website are appropriate or available for use at other locations outside of Australia and access to them from territories where their contents are illegal is prohibited. If you access this Website from a location outside of Australia, you are responsible for compliance with all applicable local laws. These terms and conditions of use shall be governed by the laws of the State of Victoria. You agree that the appropriate State or Federal Court in Victoria will have the exclusive jurisdiction to resolve all disputes arising from this Website or these terms and conditions of use, and you consent to personal jurisdiction in such forum.


All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.


Entire agreement and severance


These terms and conditions of use constitutes the entire agreement between the Custodian Group and you with respect to your use of this Website. Part or all of any provision in these terms and conditions of use that is illegal or unenforceable, will be severed from these terms and conditions of use and the remaining provisions will continue in force and effect and be enforced to the maximum extent permissible so as to effect the original intent of these terms and conditions of use.


Membership


A member must: (a) own at least one share; or (b) have an account balance above $0; Note. Failure to maintain active membership may lead to cancellation of membership (see rule 21).


All of your content will be immediately be inaccessible from the service upon cancellation. Within 30 days, all this content will be permanently deleted from all backups and logs. This information can not be recovered once it has been permanently deleted.


Qualifications for membership (CNL s112)


A person qualifies for membership of the co-operative if (a) the person is able to use or contribute to the services of the co-operative;


Entry fees and regular subscriptions (CNL s124)

(1) The entry fee for an application for membership is nil.

(2) The regular subscription (also known as a periodic membership fee) is $1 per month