Basecap Investments

Generating Wealth Through Direct Investments

Terms and Conditions

Please read these terms carefully before using this site

  1. WHO WE ARE AND HOW TO CONTACT US
    1.1 www.basecapinvest.com.au is a site operated by BaseCap Investments Pty Ltd ACN 641 098 660 and BaseCap Developments Pty Ltd ACN 616 057 320 (referred to as we, our or us). We are a manufacturer of property investment products for the Australian private and public Wholesale and Retail Investor market. As an investment product provider, our underlying focus centres on direct property development assets in the Industrial and Residential Property Market throughout Australia.
    1.2 If you have questions about our site or these terms, please contact us at info@basecapinvest.com.au.
  2. BY USING OUR SITE YOU ACCEPT THESE TERMS
    2.1 By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site.
    2.2 These terms do not constitute an agreement by us to provide services to you. Any services that you receive from us will be subject to the terms of a separate written agreement and where applicable product disclosure statement. We will only provide services to users who meet our eligibility requirements which, at this time, include falling within the wholesale client definition of the Australian Corporations Act. Our services to retail clients will provided via a compliant retail service provider that is an external entity to BaseCap.
  3. WE MAY MAKE CHANGES TO THESE TERMS
    3.1 We may from time to time review and update these terms including to take account of new laws, regulations, products, technology or other changes in our business. Your use of our site will be governed by the most recent terms posted on the site.
    3.2 By continuing to use our site, you agree to be bound by the most recent terms posted on the site. It is your responsibility to check our site regularly for updated versions of these terms.
  4. WE MAY MAKE CHANGES TO OUR SITE
    We may update and change our site from time to time to reflect changes to our products or services, our users’ needs and our business priorities or other reasons.
  5. GENERAL ADVICE ONLY
    5.1 While all reasonable efforts have been made to ensure that the information and content contained in our site is accurate and up to date, it is not designed to provide personal financial or investment advice. The information provided does not take into account your particular investment objectives, financial situation or investment needs. You consent that the information memorandum can be sent to you via email.
    5.3 This site has been prepared by BaseCap Investments Pty Ltd ACN 641 098 660 and BaseCap Developments Pty Ltd ACN 616 057 320 for general promotional purposes only and is not an offer to sell or solicitation to buy any financial product. This page has been prepared without taking account of your objectives, financial situation or needs. Consequently, before acting on the information in this page, you should consider the appropriateness of the information in view of your own objectives, financial situation and needs. Whilst every effort has been made to ensure up to date, accurate information on this site, we do not represent or guarantee the accuracy or timeliness of any information. Any estimates or projections or return on investment figures are best estimates only and are not an indicator of future performance.
    5.4 We make no representation and give no advice in respect of any financial, investment, tax, legal or accounting matters in any jurisdiction including the suitability of any financial product to investors. Neither us nor any of our affiliated companies, agents or subcontractors shall be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including lost profits arising in any way from, including but not limited to: (i) the information provided our site; (ii) the modification or misuse of information on our site; or (iii) claims of third parties in connection with the use of our site.
    5.5 You must not violate or attempt to violate the security of our site. You must not hack into the site, our computer systems or the computer systems of other users of the site. “Hacking” means unauthorised access, malicious damage and/or interference and includes, without limitation, spamming, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
  6. USER-GENERATED CONTENT IS NOT APPROVED BY US
    6.1 Our site may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
  7. UPLOADING CONTENT TO OUR SITE
    7.1 Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with these terms, including the content standards set out in our Acceptable Use Policy set out in clause 9. You are solely responsible for any content that you upload to our site.
    7.2 Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a licence to use, store and copy that content and to distribute and make it available to third parties
    7.3 We may access or examine your content and we may (but are under no obligation to) monitor, move, remove, block, modify, edit, refuse to upload or disable access to any of your content we consider, in our discretion, to breach any law or these terms or to be otherwise unacceptable.
    7.4 You are solely responsible for securing and backing up your content. To the extent permitted by law, we have no responsibility or liability for the deletion or failure to store any of your content uploaded on our site.
    7.5 You must ensure you own your content or have the necessary licences, rights, consents and permissions to upload your content on our site and grant the licences contained in these terms. You warrant that your content will not infringe the intellectual property rights of any third party.
    7.6 You acknowledge and agree that we are under no obligation to take legal action in relation to commencing, defending, enforcing, settling or compromising (as appropriate) any infringement, claim or action relating to your intellectual property rights in your content.
  8. HOW YOU MAY USE MATERIAL ON OUR SITE
    8.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    8.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
    8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    8.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
    8.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
    8.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  9. ACCEPTABLE USE POLICY
    You agree that in accessing and using our site, you will not engage or attempt to engage in any activities that:
    (a) download (other than page caching) or modify our site or any portion of our site;
    (b) impersonate or falsely claim to represent a person or organisation;
    (c) are commercial, including selling, marketing, advertising or promoting goods or services;
    (d) frame our site without our express written permission;
    (e) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use our site in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
    (f) post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.
  10. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
    10.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
    10.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
    10.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
  11. LINKS AND ADVERTISEMENTS
    11.1 Our site may contain links to other websites (including websites linked through advertisements). We may not have not reviewed all these third party websites and are not responsible for their content. We do not endorse, support or sponsor of these third party websites, their operators, the goods, services or content that they describe. We have no control over these site or resources.
    11.2 We are not responsible for and will not be liable in respect of any incorrect link to an external website.
    11.3 If you choose to access any third party website through our site, you do so at your own risk.
  12. WE MAY SUSPEND OR WITHDRAW OUR SITE
    12.1 Our site is made available free of charge.
    12.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
    12.3 We do not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
    12.4 Whilst we take reasonable precautions to protect information transmitted via our site, we cannot and do not guarantee the security or confidentiality of these communications or the security of our site.
  13. PRIVACY
    13.1 Any personal information submitted by you (whether personal information of you or another individual which you have the necessary consents to provide) to us is subject to and will be handled in accordance with our Privacy Policy. The Privacy Policy forms part of these terms and can be found at Privacy policy. You agree that, by using our site or communicating with us, you have read the Privacy Policy, understood its contents and consented to its requirements.
    13.2 You must not upload any personal information of another individual to our site unless you first make them aware of our Privacy Policy and have their consent to upload such personal information.
  14. THIRD PARTY ACTIVITY
    14.1 Our website may contain links to third party websites where content is not controlled by us (“Linked Sites”).
    14.2 Links to Linked Sites are provided for convenience only. The appearance of a link to a Linked Site does not imply our endorsement of that Linked Site or any content created or uploaded by a party other than us, including all text, graphics, icons, advertisements, photographs, databases, trade marks and other information created and/or uploaded by such a party (“Third Party Content”). We have no control over and are not responsible for any Linked Site or any Third Party Content.
    14.3 You access Linked Sites at your own risk and, to the full extent permitted by law, we disclaim all guarantees and warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on such Linked Sites and in Third Party Content.
    14.4 Your use of Third Party Content (including, without limitation, that featured on Linked Websites) may be subject to a third party’s terms and conditions of use. It is your responsibility to check and comply with such terms
  15. COOKIES
    15.1 Our website may use cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
    15.2 You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site, including your account with us.
  16. INDEMNITY
    You indemnify us in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any breach of these terms by you or any of your content you upload on our site.
  17. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    17.1 Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement
    17.2 Subject to clause 17.1, any representation, warranty, condition, guarantee or undertaking that would be implied in these terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
    17.3 To the fullest extent permitted by law, our liability for a breach of a non-excludable guarantee referred to in clause 17.1 is limited, at our election (where such election is permitted under the ACL), to:

    (a) in the case of goods supplied or offered by us, any one or more of the following:

    (i) the replacement of the goods or the supply of equivalent goods;
    (ii) the repair of the goods;
    (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    (iv) the payment of the cost of having the goods repaired; or

    (b) in the case of services supplied or offered by us:

    (i) the supplying of the services again; or
    (ii) the payment of the cost of having the services supplied again.

    17.4 We are not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with our site, all links to or from our site or the goods and services advertised or referred to on our site.
    17.5 Subject to this clause 17, our maximum aggregate liability for all proven losses, damages and claims arising out of or in connection with these terms or a supply under these terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.

  18. WE MAY TERMINATE YOUR ACCESS TO OUR SITE
    We may at any time immediately terminate or restrict your access to our site or any feature of our site for any reason (including due to your breach or alleged breach of these terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
  19. WHAT LAWS APPLY TO THESE TERMS
    These terms are governed by and must be construed in accordance with the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these terms, their performance and subject matter.
  20. OUR SITE IS ONLY INTENDED FOR USERS IN AUSTRALIA
    We make no representation or warranty that any offering or content accessible through our site is appropriate or available for use in locations outside Australia. If you choose to access our site from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access our site from any location where doing so would be illegal.
  21. SEVERABILITY
    Each provision of these terms is severable from the others and no severance of a provision will affect any other provision

Last updated Mar, 2020