Legal

Website Terms and Conditions

Rochfort Finance Pty Limited (ACN 703 012 846)

1. Introduction

1.1 These terms and conditions (Terms) govern your access to and use of the website at www.rochfortfinance.com.au (Website), operated by Rochfort Finance Pty Limited (ACN 703 012 846) (Rochfort Finance, we, us or our).

1.2 By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, you must not use the Website.

1.3 These Terms are to be read together with our Privacy Policy and Legal Disclaimer.

2. About us

2.1 Rochfort Finance originates and structures commercial finance transactions for companies seeking to raise capital, with a focus on the mining sector, and introduces those transactions to third-party capital providers. Our services include commercial debt and capital advisory, and structured finance advisory.

2.2 Rochfort Finance is not a lender and does not provide finance, loans or credit. Any finance is provided by third-party capital providers on their own terms, subject to their own credit approval and documentation. Rochfort Finance does not hold an Australian Financial Services Licence or an Australian Credit Licence and does not provide financial product advice. Our services are commercial advisory services only.

2.3 Our services are provided only to wholesale, institutional and high net worth clients. They are not intended for, or offered to, retail clients.

2.4 We may engage third-party providers to perform certain services on our behalf.

3. Changes to these Terms

3.1 We may amend these Terms from time to time by publishing amended Terms on the Website. Amendments take effect on publication, and your continued use of the Website constitutes acceptance of the amended Terms.

4. Access to the Website

4.1 We grant you a non-exclusive, non-transferable, revocable licence to access and use the Website for your internal business purposes, in accordance with these Terms.

4.2 We may, without notice, withdraw or amend the Website, restrict access to all or part of it, or suspend or terminate your access, including if you breach these Terms. We are not liable if the Website is unavailable at any time or for any period.

5. Acceptable use

5.1 You must use the Website only for lawful purposes. You must not:

  1. (a) use the Website in breach of any applicable law or regulation;
  2. (b) impersonate any person, or misrepresent your affiliation with any person;
  3. (c) attempt to gain unauthorised access to the Website, or to any server, system or database connected to it;
  4. (d) introduce any virus, malware or other harmful material;
  5. (e) use any automated means, including bots, scrapers or crawlers, to access or extract content from the Website; or
  6. (f) interfere with, or disrupt, the operation of the Website.

6. Intellectual property

6.1 All intellectual property rights in the Website and its content, including text, publications, graphics, logos, images, documents, software, design and layout, and the name "Rochfort Finance" and associated branding, are owned by or licensed to us.

6.2 You may view, download and print pages from the Website for your internal business use, and share links to the Website, provided you do not misrepresent our brand or imply our endorsement.

6.3 Except as permitted by the Copyright Act 1968 (Cth) or with our prior written consent, you must not:

  1. (a) reproduce, republish, adapt, distribute or commercially exploit any content from the Website;
  2. (b) remove or alter any copyright, trade mark or other proprietary notice;
  3. (c) use our name, logo or branding in any way likely to cause confusion or suggest our endorsement; or
  4. (d) frame or embed the Website on any other website.

7. No reliance on information

7.1 Content on the Website is general information only and is subject to our Legal Disclaimer. In particular:

  1. (a) Not a lender: we do not provide loans, credit or funding, and nothing on the Website is an offer of finance;
  2. (b) No financial product advice: nothing on the Website constitutes financial product advice within the meaning of the Corporations Act 2001 (Cth);
  3. (c) No professional advice: content on the Website is not legal, tax, accounting or financial advice; and
  4. (d) No offer or solicitation: nothing on the Website is an offer or solicitation to provide any financial service or financial product.

7.2 We take reasonable care to keep the Website accurate and current, but make no representation or warranty that its content is accurate, complete or up to date.

8. Third-party websites

8.1 The Website may contain links to third-party websites, provided for convenience only. We do not control, endorse or accept responsibility for the content of any third-party website, and your use of it is subject to its own terms.

9. Privacy

9.1 We collect, use and disclose personal information in accordance with our Privacy Policy.

10. Security

10.1 We take reasonable steps to protect the Website from viruses and malicious code, but do not warrant that it is secure or free from errors or viruses. You are responsible for your own information technology and virus protection.

10.2 We may report any unauthorised access to, or attack on, the Website to the relevant authorities and co-operate with them, including by disclosing your identity.

11. Limitation of liability

11.1 Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.

11.2 Subject to clause 11.1 and to the maximum extent permitted by law, we, and our directors, employees, contractors and agents, exclude all liability for any loss or damage (including indirect or consequential loss, or loss of profit, data or opportunity) arising from your use of, or inability to use, the Website, or your reliance on its content.

11.3 Subject to clause 11.1, our aggregate liability to you in connection with the Website is limited to AU$100.

12. Indemnity

12.1 You indemnify us, and our directors, employees, contractors and agents, against all claims, losses, damages, costs and expenses (including legal costs on a solicitor and own client basis) arising from your breach of these Terms, your unlawful use of the Website or your infringement of any intellectual property right.

13. General

13.1 These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.

13.2 If any provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary, and the remaining provisions continue in full force.

13.3 A failure or delay by us in exercising a right under these Terms does not operate as a waiver of that right.

13.4 These Terms, together with our Privacy Policy and Legal Disclaimer, constitute the entire agreement between you and us in relation to your use of the Website.

14. Contact us

14.1 Rochfort Finance Pty Limited, Level 36, 1 Macquarie Place, Sydney NSW 2000. Email: admin@rochfortfinance.com.au

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