Terms and Conditions
Last Updated: 11/02/2025
These Terms and Conditions (“Terms”) govern your access to and use of the Ausbiz Capital website (“Website”), our services, and any information, tools, or resources provided by Ausbiz Capital (collectively, “Services”). By accessing or using our Services, you confirm that you have read, understood, and agreed to comply with these Terms, which form a legally binding agreement.
1. About Ausbiz Capital
Ausbiz Capital provides financial insights, managed investment information, and market commentary. We operate under a general advice only license issued by the Australian Securities and Investments Commission (ASIC). We do not provide personal financial advice—our insights and content are general in nature and not specific to individual circumstances. Users are encouraged to seek independent financial advice for investment decisions.
2. General Advice Warning
All information and opinions provided by Ausbiz Capital constitute General Advice Only under the Corporations Act 2001 (Cth). This means that:
- The advice and information provided are generic and have not been tailored to your personal objectives, financial situation, or needs.
- Ausbiz Capital does not provide recommendations for specific investments suited to your unique circumstances.
- Before acting on any information provided by Ausbiz Capital, consider its appropriateness in light of your own financial goals, needs, and risk tolerance. Independent financial advice is recommended.
3. User Eligibility and Conduct
3.1 Eligibility
Our Services are intended for use by individuals who are at least 18 years of age and possess the legal capacity to enter into these Terms.
3.2 Permitted Use
You agree to use the Services strictly for personal, non-commercial purposes and in a lawful manner. Any attempt to interfere with or manipulate our Services, access restricted areas without authorization, or use automated means to access or scrape information from our Website is prohibited.
3.3 Prohibited Conduct
You agree not to:
- Use the Services for any unlawful purpose, including breaching any applicable local, state, national, or international laws or regulations.
- Impersonate or misrepresent your affiliation with any individual or entity.
- Transmit any content that is defamatory, infringing, obscene, or otherwise violates legal rights.
- Engage in data mining, automated access, or similar practices without written permission.
4. Intellectual Property and License
All content, logos, graphics, trademarks, data compilations, and software on the Ausbiz Capital website are protected by Australian and international intellectual property laws. Ausbiz Capital and its licensors retain all rights, title, and interest in this content. You are granted a limited, non-exclusive, non-transferable license to access and use the content solely for personal use. Unauthorized reproduction, modification, or distribution is strictly prohibited.
5. Financial Risks and Investment Disclaimer
5.1 Investment Risks
Investing in financial markets carries inherent risks. Past performance is not indicative of future results, and investments can fluctuate in value. Ausbiz Capital does not guarantee the success, performance, or outcome of any investment mentioned or implied through our Services.
5.2 No Warranty
Our Services are provided on an “as-is” and “as-available” basis. Ausbiz Capital disclaims all express or implied warranties to the maximum extent permitted by law. We make no guarantee that the Services will be uninterrupted, error-free, or that content will be accurate or reliable.
5.3 Limitations of Advice
Ausbiz Capital’s advice does not include assessment or assurance of individual tax implications, legal obligations, or financial product appropriateness for individual users. For advice relating to tax, legal, or investment strategies suited to your personal financial goals, please consult a licensed advisor.
6. Limitation of Liability and Indemnity
6.1 Limitation of Liability
To the extent permitted by law, Ausbiz Capital, its directors, employees, and agents disclaim all liability for any loss, damage, or injury resulting from the use (or inability to use) the Services. This limitation of liability extends to indirect, incidental, punitive, and consequential damages.
6.2 Indemnity
You agree to indemnify, defend, and hold harmless Ausbiz Capital, its affiliates, and personnel from and against any claims, liabilities, damages, expenses, and losses arising out of or in connection with your breach of these Terms or misuse of the Services.
6.3 Australian Consumer Law
Nothing in these Terms is intended to limit rights under the Australian Consumer Law (ACL). Where liability cannot be excluded under the ACL or other applicable laws, our liability is limited to the re-supply of the Services or the cost of re-supply.
7. Privacy and Data Security
Ausbiz Capital is committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). For details on how we collect, store, and use personal information, please refer to our Privacy Policy.
7.1 Data Collection
We may collect personal information, such as contact details, as outlined in our Privacy Policy. This information is collected and stored securely, and we use reasonable technical and organizational measures to prevent unauthorized access or misuse.
7.2 Cookies and Tracking
Our Website uses cookies to enhance user experience and gather analytics. You can modify your browser settings to reject cookies, though this may impact your experience.
7.3 Data Breaches
In the event of a data breach likely to result in serious harm, we will notify affected individuals and the Office of the Australian Information Commissioner (OAIC) as required by law.
8. Third-Party Links and Affiliates
Our Website may contain links to third-party websites for informational purposes. These links do not constitute endorsements, and Ausbiz Capital is not responsible for the content or practices of third-party sites. Accessing such sites is at your own risk.
9. Modifications to Terms
Ausbiz Capital reserves the right to modify these Terms at any time. Updated Terms will be posted on our Website with the revised “Last Updated” date. By continuing to use our Services, you agree to the modified Terms.
10. Suspension and Termination of Access
We may suspend or terminate your access to the Services, without notice, if we determine that you have violated these Terms, engaged in unlawful activities, or acted in a way that is harmful to Ausbiz Capital, its users, or its affiliates.
11. Dispute Resolution
11.1 Governing Law and Jurisdiction
These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from or related to these Terms will be subject to the exclusive jurisdiction of the courts of New South Wales.
11.2 Alternative Dispute Resolution
In the event of a dispute, the parties agree to first attempt to resolve the matter through mediation or arbitration before initiating formal legal proceedings.
12. Severability
If any provision in these Terms is found to be invalid or unenforceable, it will not affect the validity of the remaining provisions, which will continue to be effective to the fullest extent permitted by law.
13. Entire Agreement
These Terms, together with any additional policies or agreements posted on our Website, constitute the entire agreement between you and Ausbiz Capital regarding the use of our Services. Any prior agreements or representations are superseded by these Terms.
14. Contact Information
For any questions, concerns, or further information about these Terms, please contact us at:
AUSBIZ CAPITAL
Level 22, International Tower 3
300 Barangaroo Avenue, Barangaroo NSW 2000
Email: info@ausbizcapital.com.au
Phone: 1300 687 941