This Terms of Use agreement is a binding contract between you and Thymos Capital. It governs your use of this Website and all products, services, content, tools and information available through this Website.

By viewing the contents of or using this website, you as a User of this website acknowledge that you have read, understood and agree to all of the following terms and conditions without limitation or qualification (‘Terms’).

If you do not agree with the Terms, you are not granted permission to access or otherwise use this Website.

The Terms are in addition to any other agreements between you and us, including any customer or account agreements, and any other agreements that govern your use of Thymos Capital’s or any third party’s (companies not affiliated with us) products, services, content, tools, and information available on this Website.

The term ‘Thymos Capital’ includes Thymos Capital Pty Ltd (ACN 648 475 512), its affiliates, all of which are represented in the domain name www.thymoscapital.com.au (‘Website’).

Site content responsibility

This Website is provided as a service and for informational purposes only, by Thymos Capital. It is not provided by any of the Thymos Capital funds.

International users (non-Australian residents)

This Website is for Australian resident investors only and is not intended for residents of the United States and outside of Australia. If you are not an Australian resident, please contact us directly for assistance with products and services legally available in your place of residence.

Nothing on this Website shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, purchase or sale would be unlawful under the laws of that jurisdiction. You should consult a professional adviser (broker, financial, legal or tax) if you have any doubt.

Use of this Website

This Website is intended only for your personal, non-commercial use, unless you and Thymos Capital have agreed otherwise in writing.

This Website may contain general information about our products and services. Unless expressly stated otherwise, this Website does not:

• constitute any solicitation, offer or inducement to enter into a legally binding contract for a product or service in any jurisdiction where such solicitation, offer, recommendation, purchase or sale would be unlawful under the laws of that jurisdiction;
• purport to provide you with personal financial or investment advice of any kind; or
• take account of your particular financial position or requirements.

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 Thymos Capital product or service, you should obtain and consider the appropriate Product Disclosure Statement, Information Memorandum or equivalent offer document.

Prohibited Uses

You must not use this Website in any manner that:

• could damage, overload or overburden any Thymos Capital server, or any network connected to any Thymos Capital server; or
• would interfere with any other party’s use of the Website.

This Website is generally intended to be viewed by a conventional web browser.  Access to the Website through other methods may result in the Website content not appearing accurately.

Unless we otherwise agree, any access of this Website through services and devices designed to provide automated or repeated access is expressly prohibited by us.

Thymos Capital may limit access to and use of parts of the Website to be password-protected or restricted access through security protocols. You may not obtain or attempt to obtain access to these parts without our prior agreement. Unauthorised access, whether actual or attempted may be subject to criminal and civil prosecution.

Disclaimer of Liability

To the maximum extent permissible by law, Thymos Capital excludes all liability, including for negligence, to you or any person in respect of any direct, indirect or consequential loss or damage occurred in whole or partial reliance on all or any part of the information accessed at or through this Website.

Thymos Capital 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, Thymos Capital:

• 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.

Thymos Capital may make changes to the materials on this Website at any time without notice. The materials on this Website may be out of date, and Thymos Capital makes no commitment at any time to update the materials on this Website.

Thymos Capital is not liable for any reason if this Website is not available at any time or for any period.

You acknowledge and agree that:

• you are responsible for your access to this Website and that you understand that your hardware, software, internet connection and internet service provider, and other third parties involved in connecting you to this Website may not perform as intended or desired.
• Thymos Capital is not responsible for damages third parties may cause to you through the use of this Website, such as through hacking.
• Thymos Capital is unable to assure the accuracy of the data you access through the Website. Website content is presented only as of the date published or indicated and may be superseded by subsequent market events or other reasons.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF THIS WEBSITE IS TO STOP USING THE WEBSITE.

THE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF: ANY NEGLIGENCE OR GROSS NEGLIGENCE OF THYMOS CAPITAL AND WHETHER LIABILITY GROUNDS ARISE UNDER STRICT LIABILITY, CONTRACT, TORT OR ANY OTHER FORM OF LEGAL LIABILITY.

Privacy, Information Transmission and Monitoring

Please refer to our Privacy Policy for a summary of the non-public personal information that we may collect and maintain, how we may use that information and the steps we take to safeguard the information.

Your use of this Website may involve the transmission of information, including personally identifiable data. You agree to the transmission of such information by electronic means through your use of the Website.

Access, archiving or monitoring the use of this Website is in our absolute discretion. By using the Website, you accept this right and you agree that our activities will not entitle you to any cause of action or other right with respect to the manner in which we access, archive or monitor the use of this Website and enforce, or fail to enforce, these Terms.  We are not liable for any damages incurred by you as a result of these activities.

Copyright and other Intellectual Property

The intellectual property rights owned or licensed by Thymos Capital and used on this Website are protected by national and international copyright laws and treaties. All such rights are reserved.

You acknowledge that this Website is protected by applicable copyrights, trademarks, trade secrets, patents, proprietary rights and other intellectual property laws, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now or developed in the future.

You may print copies of the Website’s content, provided that these copies are made strictly for personal use and not commercial use.  If you print a copy of the Website content, you must include any notices and any legal information contained in the Website content.

You must not:

• modify any materials you have printed off or downloaded from this Website.
• publicly perform, publicly display, transmit, publish, participate in the sale or transfer of, modify, or create derivative works based on anything available through the Website, in whole or in part.
• store electronically any significant portion of any part of the Site. No reverse engineering, linking, framing, or modification of any part of this Site is allowed without our written approval. Any modification or unauthorized use is a violation of Franklin Templeton’s copyrights and other proprietary rights.

Unless otherwise notified by us to you, you may create a link to the Website provided that:

• the link is for your personal use only.
• you clearly show that the link is to the website of “Thymos Capital”
• you link to, but do not replicate, the Website, in whole or in part, and the link must maintain the integrity of our layout, “look and feel,” and content.
• you must not “frame” or create a browser or border environment or advertising around any Website content.
• you do not misrepresent your relationship with Thymos Capital.

You may only create a link to the Website for commercial use if we have agreed in writing for the commercial use.

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 this 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 to create a false identity in relation to the Website.

We have the right to disable any User Account, whether chosen by you or determined by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

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 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 express statement stating otherwise is made. Should you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. Thymos Capital accepts no responsibility for any loss or damage caused from your use of the third party websites.

Thymos Capital is not responsible for any third party, their product or services, their website and website content made available through a third party website. Thymos Capital does not warrant or represent in any way third party content on third party websites and Thymos Capital has no liability in relation to a third party or a third party website and content.

Viruses and Hacking

Thymos Capital does not guarantee or warrant that any files available for downloading through this Website 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.

You must not knowingly introduce viruses, worms, trojan horses or other code that threatens the security of this Website or User Accounts or attempt to gain unauthorised access. By breaching this provision, you may commit a criminal offence and be reported to the relevant law enforcement authority.

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia (‘NSW’), 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 NSW.  If you view the contents of or use this Website from locations outside of NSW, 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.

Changes to these Terms and Conditions

Thymos Capital 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.

If you have any questions or concerns about these Terms or any material on our website, please contact us at enquiries@thymoscapital.com.au