Terms Of Service

Home » Terms of service

Introduction

References to “we”, “us”, “our” and “Wraith” refer to Wraith Capital Group Pty Ltd ACN 164 513 222 as trustee for the Wraith Capital Group Trust.

Access

The website on which this document appears (Website) is owned and operated by Wraith. Your access to this Website is conditional upon your acceptance of and compliance with the terms and conditions contained in this document (Terms of Use). Your accessing of this Website constitutes your agreement to the Terms of Use.

Wraith reserves the right to amend the Terms of Use from time to time.  Amendments will be effective immediately upon publication on this Website.  Your continued use of this Website following such publication will constitute your agreement to the Terms of Use as amended.

Restrictions

You must not:

  1. use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
  2. use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
  3. use the Website to send unsolicited email messages;
  4. in any way tamper with, hinder or modify the Website;
  5. knowingly transmit any viruses or other disabling features to the Website or via the Website;
  6. use the Website in any manner which is prohibited by the Terms of Use, use the Website for any unlawful purpose, or in any manner, which violates any right of Wraith (or an associated entity), another user of the Website, or any other third party; and
  7. attempt any of the above acts or facilitate or assist another person to do any of the above acts.

Intellectual property

All intellectual property rights in this Website, including the design, text, graphics, logos, icons, images, the selection and arrangement thereof, sound recordings and all software relating to this Website, are owned by or are licensed to Wraith.  These intellectual property rights are protected by Australian and international laws.

Other than for the purposes of printing one hard copy of the material on this Website for non-commercial use, research, criticism or review, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, you may not in any form or by any means copy, adapt, reproduce, store, modify, distribute, print, upload, display, perform, publish, post, frame within another website or create derivative works from any part of this Website or commercialise any information obtained from any part of this Website without Wraith’s prior written permission or, in the case of third party material, from the owner of the copyright in that material.

Links to or from other websites

This Website contains links to other websites. Wraith makes no representation or warranty as to the accuracy or any other aspect of the information on those linked sites. No link to another site should be construed as an endorsement or recommendation of any information, goods or services referred to.

No advice

You acknowledge and agree that information published by Wraith is intended to provide general information only which may or may not be applicable to your particular circumstances. The information on this Website is not, and is not intended to be, advice. You agree to access the information at your own risk and Wraith is not liable to you for the content of the information or any reliance by you on that information.

In no event will Wraith be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Website.

It is your responsibility to assess and verify the accuracy, completeness and reliability of the information on this Website, and to seek professional advice where necessary.

Image Disclaimer

The images on this website, including (without limitation) all depicted designs, colours, decorations, fittings, fixtures, finishes, dimensions, internal layouts and external landscaping, are indicative only and are subject to change at any time without notice and to the extent permitted by law, are provided “as is” without representation or warranty of any kind as to the accuracy, completeness or suitability for a particular purpose. You must not rely on these images for any reason.

General Disclaimer

This website has been compiled by Wraith on the basis of current information.  The information on this Website is liable to change and we do not warrant or guarantee the accuracy, adequacy or completeness of the information on this Website.

To the maximum extent permitted by law, Wraith disclaims all liability for any delays, errors or omissions contained in this information or any failure to update or correct this information.

Wraith does not warrant the availability, functionality or performance of the website, the electronic transmission, receipt authentication, lodgement or any other dealing whatsoever with electronic documents or mail or any other data, or the use of automatic language translation devices in connection with this Website.

You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.  Wraith does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.

We cannot screen all content provided on the Website and the information provided on any open discussion site, blog, social media tool or forum available through this Website.  We do not assume any responsibility for the content of any open discussion site, blog, social media tool or forum available through this Website.  We will not be responsible for any offensive language or otherwise objectionable content contained in this Website or on any open discussion site, blog, social media tool or forum available through this Website.

To the extent permitted by law, Wraith excludes all implied conditions and warranties with respect to this Website, and its content, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void.

Wraith does not accept responsibility for any loss or damage, howsoever caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this Website.

To the extent permitted by law, Wraith excludes all liability of Wraith, its directors, shareholders, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information this Website or provided through this Website through email.  This exclusion of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of, or damage to property, and third party claims.

You agree to indemnify Wraith, its directors, employees, shareholders, agents and other persons involved in the creation of this Website for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use or misuse of this Website, any information that you provide to Wraith via this Website, any damage that you may cause to this Website or any breach of these Terms of Use.  This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement and breaches of the Australian Consumer Law.

Privacy

By agreeing to these Terms of Use and using the Website, You also agree to the terms set out in the Wraith Privacy Policy (which is available on the Website).

Information transmitted to Wraith

Wraith does not warrant and cannot ensure the security of any information which you transmit to this Website.  Any information which you transmit to this Website is transmitted at your own risk.  Wraith will take reasonable steps to preserve the security of any information which you transmit to Wraith.

Any unsolicited ideas that you submit to Wraith will not be regarded as confidential, and will become Wraith’s property.  Wraith may reproduce, disclose, broadcast, transmit to the public or otherwise use those ideas, without any obligation to compensate you.

Access

Wraith may suspend, terminate or limit your access to the Website at any time and without notice to you. All restrictions imposed on you, disclaimers and limitations of liability set out in these Terms of Use will survive termination.

If Wraith does not act in relation to a breach of the Terms of Use by you, this does not waive Wraith’s rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

Miscellaneous

These Terms of Use are governed by and construed in accordance with the laws of Queensland and you agree to submit to the jurisdiction of the courts of Queensland in relation to any dispute regarding these Terms of Use.

If any of the Terms of Use are found to be unenforceable under Queensland law, this will not affect the remainder of the Terms of Use.

All rights not expressly granted in the Terms of Use are reserved.

 

 

Privacy Policy

 

Privacy Statement

General

Your privacy is important to Wraith Capital Group Pty Ltd ACN 164 513 222 as trustee for the Wraith Capital Group Trust (Wraith). This statement outlines Wraith’s policy on how we manage the collection, storage and use of personal information that you have provided to us. This policy is designed to reassure anyone that discloses personal information to Wraith, that Wraith will comply with the Privacy Act 1988 (Cth) and any amendments (“the Privacy Act”), including the Australian Privacy Principals (“the Principles”) in the Privacy Act.

Collection of Personal Information

The Principles define personal information as information or an opinion relating to an individual that can be used to identify a person. The extent of information collected by Wraith will depend on the dealings a person may have and information supplied to Wraith.

Generally, personal information will be collected directly from you, although information may be obtained from agents or other service providers that collect your information on our behalf. This may include the acquiring of lists from other sources and organisations. In all cases, information will be collected through lawful (and fair) means. If reasonable we will advise you upon collection of any personal information from a third-party.

The type of information collected may include (but is not limited to) details about customers, clients, contractors, suppliers, partners, employees, subscribers, job applicants, tenants, those attending exhibitions, client functions, mail outs and internet enquiries.

If you elect not to provide the information requested, chose to not identify yourself, or provide inaccurate information, we may be unable to provide you with our services.

Use of Personal Information

Primarily the information is used for the purpose it is or was given / collected, or could be used for related secondary uses, including, but not limited to:

  • providing products and services that you requested from Wraith
  • staff and contractor recruitment
  • assessing the suitability of transactional targets

Wraith may send advertising material to individuals and entities within its data base where the advertising is related to the purpose for which the information is or was collected or any related secondary uses as the case may be. If the recipient does not wish to receive promotional material, they should contact Wraith and request removal of their details from its database. This amendment will occur within 30 days of written notification being received by Wraith.

Wraith may disclose your personal information to other parties for the purpose it is or was given / collected, or for any related secondary use, when applicable and in accordance with the Privacy Act. In each case we require that these parties use this information only for our purposes and otherwise follow our reasonable directions with respect to this information.

We may disclose your personal information to overseas recipients; we will seek your consent prior to disclosing your information if the overseas recipient is not regulated in a similar way to the Principles. We will take reasonable steps to ensure an overseas recipient does not breach the Privacy Act requirements.

If Wraith desires to use or disclose the personal information in other circumstances, it will obtain the individual or entities’ consent to do so.

Sensitive Information

Sensitive Information includes (but is not limited to) a person’s political and religious persuasion, race or ethnic origin, criminal record, sexual preferences and medical / financial details. This information will only be used or disclosed for the purposes for which it was provided.

Information Storage

All reasonable steps are made by Wraith to protect Personal Information and Sensitive Information held on physical files or computer servers from misuse, loss, unauthorised access or disclosures.

Access

Wraith will provide to you at your request information we may have concerning you, subject to security checks if deemed necessary by Wraith or any other exemptions allowed under the Privacy Act. A fee may be charged to you to cover the cost of verifying your application and providing you with the personal information requested.

Accuracy

If you become aware that any personal or sensitive information is incorrect or changes are required, please contact Wraith immediately and all reasonable steps will be put into place to correct it in a timely manner.

Policy Amendments

Wraith reserves the right to amend this Policy from time to time to account for changes to laws, technology or business practises in compliance with the Principles. The latest version of the Policy will be posted on Wraith’s website from time to time.

Your consent

By providing your personal information to us, you consent to the collection and use of the information you have provided to us for the purposes described above.

Contact

Should you wish to make a complaint about Wraith’s compliance with this Policy, or request removal or amendment to the information held by Wraith, please contact:

The Privacy Officer
Wraith Capital Group
Level 5, 16 Queensland Avenue
Broadbeach QLD 4218
or, by email to info@wraithcapitalgroup.com