Terms of Use

These Terms of Use apply to this website . By proceeding beyond the homepage you agree to accept these Terms of Use and you are granted a non-exclusive, non-transferable license to use this website in accordance with the conditions set out below.

These Terms of Use may be revised from time to time without notice and such revision will take effect when it is posted on this website. Your continued use of this website will be regarded as your acceptance of these Terms of Use as amended.

In addition to the provisions of these Terms of Use, there may also be specific and additional terms that apply to certain sections of this website. Because those specific and additional provisions also apply to your use of those sections, it is recommended that you review them wherever they appear. In the event of any inconsistency between the provisions of these Terms of Use and those other specific and additional provisions, the specific and additional provisions will prevail. 

The information on this website is directed only at persons who are unitholders in Duxton Diversified Agriculture Fund (an unregistered managed investment scheme established under the laws of Australia ABN 59 652 277 220) (the “Fund”) and is provided for their exclusive use and benefit. Duxton Capital (Australia) Pty Ltd (ABN 87 164 225 647, AFSL 450218) (“Duxton”) is the investment manager of the Fund. Duxton Agri Services Pty Ltd ACN 652 277 220 is the trustee of the Fund (“Trustee”).

Duxton is authorised to provide financial services to wholesale clients only (as the Corporations Act 2001 (Cth) defines that term). Only investors to whom an offer of the units in the Fund would not require a disclosure document under Chapter 6D or Part 7.9 of the Corporations Act may invest in the Fund.

This website is intended only for investors who are eligible to lawfully receive an offer document and invest in an Australian domiciled fund under the securities laws of their home jurisdiction. For the avoidance of doubt, this website is not directed at US persons.

Users of this website are responsible for observing all applicable laws and regulations in their relevant jurisdictions before proceeding to access the information contained herein. By proceeding to access the information, users are deemed to be representing and warranting that the applicable laws and regulations of their relevant jurisdiction allow them to do so. No information, materials or opinions contained on this website (“Materials”) constitute or would be deemed to constitute a recommendation or invitation in any jurisdiction to invest or otherwise deal in ordinary units of the Fund (the “Units”).

The website that you are seeking to access is for general information purposes only and does not constitute an offer to buy or sell the securities mentioned in the website in any jurisdiction or jurisdictions in which such offers or sales are unlawful prior to registration or qualification under the securities laws of any such jurisdiction.

Where a current offer document or information memorandum is available, applications may only be made on an application form for the relevant investment, which will be available on request to investors fulfilling the relevant criteria.

Warranties and disclaimers

The Materials are provided on an “as is” and “as available” basis and do not purport to be full or complete. The information on this website may be based on assumptions or market conditions and may change without notice. The Trustee and Duxton do not represent or warrant that the information accessible via this website is accurate, complete, current or secure. The Trustee and Duxton, and their affiliates believe that the source of the Materials is reliable however they cannot and do not guarantee, either expressly or implicitly, and accept no liability for, the accuracy, validity, timeliness, merchantability or completeness of any information or data (whether prepared by the Trustee, Duxton, their affiliates or by any third party) for any particular purpose or use or that the information or data will be free from error. The Trustee, Duxton, and their affiliates do not undertake any responsibility for any reliance which is placed by any person on any statements or opinions which are expressed herein. Neither the Trustee, Duxton, nor any of their affiliates, directors, officers or employees will be liable or have any responsibility of any kind for any loss, damage, or liability of any kind that any person may incur (however caused, including through negligence) arising out of or in connection with the use of this website or any linked website.

Nothing contained in this website constitutes financial, investment, legal, tax or other advice and is not to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision. The Materials on this website are provided for your personal use and informational purposes only and are subject to change without notice. The Trustee has the right to suspend or withdraw the provision of all or any of the website of the Materials without prior notice at any time. The Trustee and Duxton accept no obligation to correct or update the information or opinions on this website.

The value of investments mentioned in this site, and the income from them, may go down as well as up and investors may not get back the amount invested. Information on past performance, where given, is not a guide to future performance. Changes in rates of exchange between currencies may cause the value of investments to decrease or increase.

All Materials at this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

The Materials contained in this website are provided without any warranty of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law. None of the Trustee, Duxton, or their affiliates assume any responsibility for the uninterrupted availability of this website or warrant that it will be error-free, that defects will be corrected, or that this website or the servers that make it available will be free of viruses or other harmful components.

You agree that under no circumstances, including, but not limited to, negligence, shall the Trustee, Duxton or any of their affiliates be liable for any special or consequential damages that result from the access or use of, or the inability to access or use, the Materials on this website.

Links

Where this website contains links to other websites, the Trustee, Duxton and their affiliates do not make any representations, nor do they endorse the information contained on third party websites.

Copyright and user conduct

Copyright of all images and text in this website is owned by or licensed to the Trustee, Duxton or one of their affiliates unless otherwise noted. You may imprint, copy, download or temporarily store extracts from this website for your personal information and use. Any other use is prohibited unless you first request and obtain Duxton’s prior written consent. You may not alter or otherwise make any changes to any material that you print or download from this website, including, without limitation, removing any identifying marks or legends from such material. In particular, you may not copy or use any part of this website on any other website, or link any other website to this website, without the prior written permission of the Duxton. You may not use the website for any purpose which is unlawful, abusive, libellous, obscene or threatening.

Limitation of liability

Subject to any responsibilities implied by law and which cannot be excluded, the Trustee and Duxton (including, in this limitation of liability clause, their related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Material or this website (or material accessed via this website), or to access of the website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on the Trustee and/ or Duxton, or implied into these Terms of Use, under any law are hereby excluded.

If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible.

Privacy

Your personal data will be treated with respect and integrity. The Privacy Statement applicable to this website explains how personal data will be treated as you access and interact with this website and can be accessed at the bottom of the home page.

Termination or suspension

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this website as well as this website at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the website may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

Currency

A reference to “$” or “dollars” throughout this website is a reference to Australian currency (unless otherwise specified) and any reference to law or laws are to the laws of Australia (unless otherwise stated).

Applicable law

The terms and conditions of this legal notice shall be governed by and construed in accordance with the laws of South Australia. Users of this website agree that any dispute or action arising out of or relating to these terms or any user’s use of this website shall be commenced only in the courts located in South Australia, and users of this website hereby consent and submit to the exclusive jurisdiction of such courts for the purposes of any such dispute or action.