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TO AGREE TO THESE TERMS & CONDITIONS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT CLICK “AGREE,” AND DO NOT ACCESS THE DATA ROOM.
In this document:
“Authorised Representative” means the person or persons nominated by a User to have access to the Data Room on its behalf, as set out in clause 6(a)(ii). An Authorised Representative includes a Team Leader.
“Confidential Information” means all of the Materials any information in the Data Room.
“Data Room” means the web based data room established for the Trust.
“Data Room Rules” means the terms, conditions and rules set out in this document.
“Information Memorandum” means the information memorandum for the Trust issued by the Trustee.
“Group” means the group of companies including the Trustee and the Manager, and any related entity.
“Materials” means includes any material on the Data Room any material provided in hard copy format by the Trustee or Manager in relation to the Trust.
“Manager” means Catapult Developments Pty Ltd.
“Purpose” means the purpose set out in clause 2.
“Trust” means Parkhill Unit Trust.
“Trustee” means Parkhill Toowoomba Pty Ltd (ACN 605 883 832).
“Units” means Preference Units issued in the Trust.
“User” means a person granted access to the Data Room.
The purpose of these Data Room Rules is to communicate to each User and their Authorised Representatives the rules and procedures for:
The User and its Authorised Representatives must not use any Material for any other purpose including, without limitation, to obtain a commercial advantage in relation to the Group or allow any other person to do so.
Access to the Data Room will only be given to Users who agree to comply with these Data Room Rules, including the confidentiality provisions. By proceeding to access the Materials and information n the Data Room, each User acknowledges that the User will be deemed to have agreed to comply with these Data Room Rules.
Each User must ensure that each of its Authorised Representatives comply with the Data Room Rules, including the confidentiality and conduct provisions, at all times.
Each User acknowledges that granting the User access to the Materials and information in the Data Room does not convey any interest of a proprietary or any other nature in the Materials and information to the User.
The Data Room is only being made available to Users in conjunction with a personal offer made pursuant to Section 1012E of the Corporations Act 2001 (Cth). The Data Room is not available to the public, or any section of the public. By accessing the Data Room, you acknowledge that you have received a personal offer from the Trustee or the Manager. Applications to investor in the Trust must be made on the application form attached to or accompanying the Information Memorandum.
The information contained on the Data Room is general information only and does not take into account any User’s individual objectives, financial situation or needs. The information is not intended to constitute investment, legal or taxation advice. There are risks associated with an investment in the Trust, such as those relating to the ownership, development and subdivision of real property. Accordingly, before making any decisions, taking any action or refraining from taking any action, each User should verify the information on the Data Room and seek independent professional advice.
No person, company or entity makes any promise or representation or gives any guarantee as to the performance or success of the Trust, the repayment of capital or any particular rate of income or capital return for the Trust.
Any information in the Materials that relates to past performance is not a reliable indicator of future performance.
The information in the Materials may contain forward-looking statements relating to future matters which are subject to known and unknown risks, uncertainties and other important factors that could cause the actual results, performance or achievements of the Trust to be materially different from those expressed or implied by such statements. These statements are based on an assessment of present economic and operating conditions, and on a number of assumptions regarding future events and actions that are expected to take place. Forward looking statements are not guarantees of future performance. Each User is cautioned not to place undue reliance on forward-looking statements.
The Manager does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Data Room. The Data Room and the information and materials on it are provided “as is” without any representation or warranty, express or implied, of any kind.
Each User agrees that the User’s use of the Data Room and reliance on any information contained on the Data Room is entirely at the User’s own risk. To the maximum extent permitted by law, the Group, its Related Entities, any of their employees, officers and advisers do not accept any personal responsibility or liability whatsoever to any person for any loss, liability, damage or expense arising directly or indirectly from or connected in any way with any use of or reliance placed by the User or its Authorised Representatives on the contents of the Materials or any other information made available. In particular (but without limitation), to the maximum extent permitted by law, no representation or warranty is given and nothing in the Materials or any other information made available by the Group is or should be relied upon as a promise or representation as to the profitability of the assets of the Trust or in relation to any economic or other interpretations, forecasts or evaluations of the information. The User and its Authorised Representatives represent that it is qualified to interpret, or will engage consultants who are qualified to interpret, any such information.
By accessing the Data Room, each User agrees that all the Materials and information available in the Data Room is confidential information and the User must:
The Manager and Trustee are entitled to seek damages as well as any other applicable remedies in law or in equity if a term of these Data Room Rules is breached. Each User acknowledges that damages may be inadequate compensation for breach of these Data Room Rules and, subject to the court’s discretion, the Manager or Trustee may restrain, by an injunction or similar remedy, any conduct or threatened conduct, which is or will be a breach of these Data Room Rules.
If requested by the Manager, the User must immediately return to the Manager written Confidential Information (including printed copies of the Materials) except for that portion of the Confidential Information that may be found in analyses, compilations, studies or other documents prepared by the User. That portion of the Confidential Information that may be found in analyses, compilations, studies or other documents prepared by the User and any written Confidential Information not so requested and returned will be retained by the User and either be subject to the terms of these Data Room Rules or destroyed.
in any place other than Australia or in any other jurisdiction where, or to any person, to whom it would not be lawful to make such an offer.