Important Information

This website is owned and operated by Melior Investment Management Pty Ltd (ACN 629 013 896) as an authorised representative (authorised representative No. 001274055) of Adamantem Capital Pty Ltd (Australian Financial Services Licence (“AFSL”) No. 492717) (“Melior”). References in this website to “we”, “us” and “our” refer to Melior.

By using this website, you acknowledge that you have read these terms and conditions, together with any other terms and conditions or other statements, notices or disclaimers contained on this website (“Terms and Conditions”). By using this website, you agree to be bound by the Terms and Conditions.

Access

This website is only for the use of persons who are wholesale clients within the meaning of section 761G of the Corporations Act 2001 (Cth) (“Corporations Act”).  Wholesale clients include listed entities, Australian financial services licensees, superannuation funds with net assets of at least $10 million, individuals investing at least $500,000 in a fund and individuals whom a qualified accountant has certified have net assets of at least $2.5 million or gross income of at least $250,000 for each of the two preceding financial years.  Melior is only authorised to provide financial services to wholesale clients. The information provided by Melior in this website is not available to any person who is a retail client within the meaning of section 761G of the Corporations Act.

Jurisdictional issues

This website is directed at persons accessing the website from within Australia and New Zealand. This website is controlled and operated by Melior from its office in New South Wales, Australia. Melior does not make any representation that the use of information on this website is appropriate for use in other locations or that access to the content of the website from other locations is not illegal and prohibited. Persons who choose to use this website from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of this website under any or all jurisdictions and the compliance of this website with local laws, if and to the extent local laws are applicable. The information contained on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Melior to any registration or other requirement within such jurisdiction or country.

In particular, the information contained in this website is not for distribution and does not constitute an offer to sell or the solicitation of any offer to buy any securities or services in the United States to or for the benefit of any person in the United States. The fund(s) managed by Melior has (have) not been registered in the United States under the Investment Company Act of 1940 and units in the fund(s) are not registered in the United States under the Securities Act of 1933.

Product issuer details

Melior is responsible for managing the assets of the Melior Australian Impact Fund (ARSN 634 081 744) (Fund).  The responsible entity and issuer of units in the Fund (under the Product Disclosure Statement) is The Trust Company (RE Services) Limited (ABN 45 003 278 831, AFSL No 235150).

No investment advice provided to you

The material on this website is published for general informational purposes only. This website is not designed for the purpose of providing financial product or investment advice. The information contained in this website does not take into account your particular investment objectives, financial situation or investment needs. You should seek personal financial product or investment advice and consider whether the information contained in this website is appropriate to your particular investment objectives, financial situation and investment needs before making an investment decision.

The information contained in this website is not an offer to issue or sell, a recommendation or statement of opinion, or a report of either of those things intending, or that could be reasonably regarded as intending, to influence a person or persons to invest in any fund(s) managed by Melior or any other financial product.

Investment performance

Melior does not guarantee the performance of the fund(s) that it manages or the return of capital to investors. Investments are subject to risks, including possible delays in repayment or loss of income or capital investment. Past performance is not a guide to future performance. Investors should read the offer document relating to a specific fund in its entirety prior to investing and, where appropriate, seek independent professional advice.

The website may include forward-looking statements which are based on Melior’s current opinions, expectations and projections. We undertake no obligation to update or revise any forward-looking statements. Actual results could differ materially from those anticipated in the forward-looking statements.

Disclaimer and limitation of liability

Your use of this website is at your own risk. To the maximum extent permitted by law, none of Melior, its affiliates or any of their respective directors, officers, employees, agents, third party content providers or licensors will be liable in any way for any direct, indirect, special or consequential loss or damage you suffer through use or access to this website, or any failure to provide this website. Liability for negligence, breach of contract or contravention of any law as a result of failure to provide this website or any part of it, or for any problems with this website, which cannot be lawfully excluded, is limited, at the relevant party’s option and to the maximum extent permitted by law, to resupplying this website or any part of it to you, or to paying for the resupply of this website or any part of it to you.

You understand that the website is provided on an “as is” and “as available” basis. No representation or warranty, express or implied, is made regarding the accuracy, completeness, adequacy, timeliness or suitability of the information contained in this website or that the website will continue to be made available generally or at all. No warranties, express or implied, are given that the website will be provided uninterrupted or free from errors or that any identified defect will be corrected; further, no such warranty is given that the website or any information on it, will be free from any virus or other malicious, destructive or corrupting code, program or macro. No warranty is given that the website or the server(s) that make(s) them available will be free of any virus or other harmful elements.

Indemnity

You agree to indemnify and will keep Melior, its affiliates and their respective directors, officers, employees, agents, third party content providers and licensors indemnified from and against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) incurred or suffered by them in connection with your use of this website, breaches of these Terms and Conditions or breach of any rights of third parties, including a loss incurred due to breaches of any third parties’ intellectual property rights as a direct or indirect consequence of you using this website.

General conditions

These Terms and Conditions can be modified at any time by Melior in its absolute discretion and, by continuing to use this website, you agree to continue to be bound by these Terms and Conditions as modified. We will publish revised Terms and Conditions on this website – we will not separately notify you of these changes. Therefore, you should periodically visit this page to review the current Terms and Conditions.

If the whole or any part of a provision of these Terms and Conditions is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. However, severance will have no effect if it alters the basic nature of the Terms and Conditions or is contrary to public policy.

The disclaimers, liability limitations and indemnities in these Terms and Conditions do not exclude any rights which, by law, may not be excluded.

Third party websites, products or services

This website may provide links to other websites operated by independent third parties, for your convenience only.  Melior is not responsible for the content of any linked website and is not responsible for any information, opinion, representation or offer made in any linked website.

Melior does not endorse or in any respect warrant any third-party products or services as a result of any information, material or content referred to or included on, or linked from or to this website.

Copyright

Except where necessary for viewing the information on this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, none of the material contained on this website (including without limitation any text, photographs, HTML code, software, graphic, logos, photographs, PDF files or artwork) may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Melior.

Governing law

These Terms and Conditions are governed by the law in force in the State of New South Wales, and you and Melior irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning the Terms and Conditions.