Terms & Conditions

1. Introduction and Agreement

These Terms and Conditions (“Terms”) govern your access to and use of the website located at wacapitalinvestmentpty.site (“Website”) and any services provided by Wa Capital Investment Pty Ltd (ABN 94 696 172 157, ACN 696 172 157) (“Company”, “we”, “us” or “our”).

By accessing the Website or engaging our services, you (“you” or “User”) agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Website or engage our services.

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Western Australia.

2. General Information Only — Not Financial Product Advice

Important: The content published on this Website is provided for general informational purposes only. It does not constitute financial product advice within the meaning of the Corporations Act 2001 (Cth) and the Australian Securities and Investments Commission Act 2001 (Cth).

Nothing on this Website should be construed as:

• A recommendation to acquire or dispose of any financial product;
• An offer, invitation or solicitation to buy, sell or subscribe for any security or financial instrument;
• Personalised financial, investment, tax or legal advice tailored to your individual circumstances;
• A guarantee of investment returns or protection against loss.

You should seek independent professional advice from a qualified financial adviser, accountant or solicitor before making any financial or investment decision. Past performance is not a reliable indicator of future performance. All investments involve risk, including the risk of losing some or all of the capital invested.

3. ASIC Regulatory Compliance

Wa Capital Investment Pty Ltd operates in compliance with the regulatory framework administered by the Australian Securities and Investments Commission (ASIC). This includes compliance with:

• The Corporations Act 2001 (Cth), including provisions relating to financial services and markets;
• The Australian Securities and Investments Commission Act 2001 (Cth);
• The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth);
• ASIC Regulatory Guides and Class Orders applicable to the provision of financial services in Australia.

Where we provide personal financial advice, we do so pursuant to a valid Australian Financial Services Licence (AFSL) or as an authorised representative of an AFSL holder. Details of our licensing arrangements are set out in our Financial Services Guide (FSG), which is available upon request by contacting ceo@wacapitalinvestmentpty.site.

4. Australian Consumer Law

These Terms are subject to the Australian Consumer Law (ACL), which is Schedule 2 of the Competition and Consumer Act 2010 (Cth). Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under the ACL or any other applicable Australian consumer protection legislation.

Pursuant to the ACL, you may have consumer guarantees in respect of the services we provide. To the extent permitted by law, our liability for breach of any consumer guarantee that cannot be excluded is limited, at our option, to:

• The re-supply of the relevant services; or
• Payment of the cost of having the relevant services re-supplied.

5. Website Use and Intellectual Property

All content on this Website, including text, graphics, logos, images, and data compilations, is the intellectual property of Wa Capital Investment Pty Ltd or its licensors and is protected by Australian copyright law and applicable international treaties.

You may access and use the Website for personal, non-commercial purposes only. You must not:

• Reproduce, distribute or republish any Website content without our prior written consent;
• Modify, adapt, translate or create derivative works from our content;
• Use our content for commercial purposes without a written licence agreement;
• Remove or alter any copyright, trademark or other proprietary notices.

6. Website Availability and Accuracy

We endeavour to keep the Website available and its content accurate and up-to-date. However, we do not warrant that:

• The Website will be available at all times, or free from errors or interruptions;
• The content on the Website is complete, accurate, current or suitable for any particular purpose;
• Any defects in the Website will be corrected.

We reserve the right to modify, suspend or discontinue the Website or any part of it at any time without notice.

7. Limitation of Liability

To the maximum extent permitted by applicable law, WA Capital Investment Pty Ltd and its directors, officers, employees and agents shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages arising from or related to:

• Your use of or inability to use the Website;
• Any investment decisions made in reliance on information published on the Website;
• Unauthorised access to or alteration of your data;
• Any loss or damage arising from use of linked third-party websites.

Nothing in these Terms limits our liability for fraud, wilful misconduct, or any liability that cannot be excluded under the Australian Consumer Law or any other applicable law.

8. Third-Party Links

The Website may contain links to third-party websites for convenience. These links do not constitute an endorsement by WA Capital Investment Pty Ltd of those websites or their content. We are not responsible for the content, privacy practices or terms of any third-party websites. You access third-party websites entirely at your own risk.

9. Privacy

Your use of the Website and engagement of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the collection and use of your personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).

10. Indemnification

You agree to indemnify, defend and hold harmless WA Capital Investment Pty Ltd and its directors, officers, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of or access to the Website in breach of these Terms;
• Any content you submit through the Website;
• Your violation of any applicable law or third-party rights.

11. Dispute Resolution

In the event of a dispute arising from these Terms or your use of our services, we encourage you to contact us in the first instance at ceo@wacapitalinvestmentpty.site to seek resolution through good-faith negotiation.

If the dispute cannot be resolved through negotiation within 30 days, either party may refer the dispute to mediation in Perth, Western Australia, in accordance with the mediation rules of the Resolution Institute of Australia before commencing legal proceedings.

Notwithstanding the above, either party may seek urgent injunctive or other equitable relief from a court of competent jurisdiction.

12. Complaints

If you have a complaint about our financial services, please contact us in writing at ceo@wacapitalinvestmentpty.site. We will acknowledge your complaint within 5 business days and provide a substantive response within 30 days in accordance with our Internal Dispute Resolution (IDR) procedure.

If you remain dissatisfied with our response, you may escalate your complaint to the Australian Financial Complaints Authority (AFCA) at www.afca.org.au, which provides a free and independent external dispute resolution service.

13. Changes to These Terms

We reserve the right to amend these Terms at any time. Updated Terms will be posted on the Website with a revised effective date. Your continued use of the Website after any amendment constitutes your acceptance of the revised Terms. We recommend reviewing these Terms periodically.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts competent to hear appeals from those courts.

15. Contact

For any questions relating to these Terms and Conditions, please contact:

Wa Capital Investment Pty Ltd
ABN: 94 696 172 157 | ACN: 696 172 157
City Beach, WA 6015, Australia
Email: ceo@wacapitalinvestmentpty.site