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Molokai Capital
  1. General Terms and Conditions
    1. Your access to this website is subject to these terms and conditions, the Molokai Capital Privacy Policy Statement, notices, disclaimers any other terms and conditions or other statements contained on this website, and, if you use any of the services identified on this website for which additional or alternative terms and conditions are referred to, those additional terms and conditions for those other services (referred to collectively as "Terms of Use"). By accessing, viewing or otherwise using this website, you agree to be subject to these Terms of Use.
    2. Molokai Capital may, in its discretion, at any time, change or modify these Terms of Use without notice. Any subsequent access to, or use by you of the website will constitute an acceptance of those modifications.

  2. Copyright
    1. Unless otherwise noted, all material on this website is copyright © Molokai Capital Pty Ltd ACN 649 078 820 ("Molokai Capital"). It may not be reproduced in whole or part without the express permission of Molokai Capital. All trademarks appearing on this website are the intellectual property of their respective owners.

  3. No Alterations
    1. You agree not to transfer, or attempt to transfer, any material, viruses or code to the Molokai Capital website that could cause damage or harm to the website or in any way impede the security of the You may not attempt to alter the website.

  4. Interactive Facilities
    1. In relation to your use of or participation in any interactive facility associated with the website (eg blogs, forums) you agree to the following:
      • You are legally responsible for all content you submit to the website
      • All content and material published on the website is at Molokai Capital's sole discretion. Molokai Capital reserves the right to refuse access to any person or edit or delete material posted by any person for any reason without notice
      • Molokai Capital may in its absolute discretion remove, alter or block any material submitted to the website by you, and Molokai Capital may terminate, suspend or restrict your access or use of part or all of the website.
      • You must not:
        • Post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind or encourage any other person to do so
        • Post or transmit any material which itself, or in a manner which, violates or infringes upon the rights of any other person, including privacy, performance, moral or copyright unless you have first obtained the express permission of the relevant right holder
        • Post or transmit any material that is false or misleading, inappropriate or of nuisance value
        • Knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus
        • Attempt to exploit the activity for your own commercial purposes or the commercial purposes of any other person, or actually do so
        • Download or post any material, which you know or ought to know cannot be legally distributed.
      • You warrant that you are the owner of, or are licensed to use, all intellectual property rights in, and that no third party intellectual property rights will be infringed by, any material placed by you on the website
      • You grant to Molokai Capital a perpetual, royalty-free, non-exclusive, unrestricted world-wide licence to use, copy, sub-licence, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform and display any material placed by you on the Molokai Capital website. Your licence will be by reference to the material placed by you on the Molokai Capital website
      • You consent to Molokai Capital doing all things to any material you place on the website, including reproducing, transmitting, publishing, modifying or altering such material, and without attribution of authorship, or by modifying or altering the material even if such modification may otherwise constitute derogatory treatment of the material
      • At the request and expense of Molokai Capital you agree to do all things necessary or desirable, including executing other documents, to give effect to these Terms of Use, eg signing all documents in relation to intellectual property rights and moral rights

  5. Governing Law
    1. You agree that your use of this website shall be governed by all applicable laws of New South Wales or, where applicable, Australia.

  6. Disclaimer
    1. You expressly agree that your use of the website is at your sole risk. Molokai Capital, its agents, related bodies corporate and partners accept no responsibility for any loss, damage, cost or expense incurred by you as a result of any error, omission or misrepresentation on this website.
    2. The information provided by this website is provided on an "as is" basis without warranties of any kind, either express or implied, other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to any transaction conducted on this website.
    3. Molokai Capital:
      • does not warrant or represent that the website will be uninterrupted or the information contained on this website is suitable for your intended use;
      • does not guarantee the security of this website;
      • does not give any warranty of reliability or accuracy;
      • does not accept any responsibility arising in any other way including by reason of negligence for, errors in, or omissions from, the information on this website, or;
      • does not accept any liability for any loss or damage, however caused, as a result of any person relying on any information on the website or being unable to access this website.
    4. In preparing the information contained on this website, Molokai Capital has not taken into account your objectives, financial situation or needs. Before investing on the basis of the information contained on this website, you should consider (with or without the assistance of an adviser) whether the information in this website is appropriate to you in light of your particular objectives, financial situation and needs. You should obtain the disclosure documentation relating to a product referred to on this website before making any decision about whether to acquire the product. Nothing on this website should be construed as investment advice.
    5. Molokai Capital shall not be responsible for the content of any other website accessed via the Molokai Capital website.
    6. Should you leave this website via a link contained within this website, and view content that is not provided by Molokai Capital, including content in relation to the issue or sale of a financial product, you do so at your own risk. The content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by Molokai Capital. Molokai Capital is not responsible for any damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such website, whether actual, alleged, consequential or otherwise. Molokai Capital does not make any guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party.
    7. Links to other websites are provided for convenience only, and are not an endorsement by Molokai Capital of any product or any product or service.

  7. Indemnity
    1. To the extent permitted by law, Molokai Capital will not be liable for any loss or damage from any cause (including negligence) to you or your website and system, or to people linking to us from your website(s), caused by or in connection with your use of or link to the Molokai Capital website. If you create a link to the Molokai Capital website, you remain fully responsible for any consequences of that link, whether direct or indirect and you will protect Molokai Capital against all loss, damage, liability, cost or expense arising from or in connection with the link.
    2. You agree to indemnify Molokai Capital and keep Molokai Capital indemnified against all actions, claims, costs, demands, damages or liability arising in any manner from a breach by you of these Terms of Use.

This disclaimer is subject to any applicable contrary provisions of the Australian Securities and Investments Commission Act and the Competition and Consumer Act.