Disclaimer and Limitation of Liability – General Douglas Funds Consulting Pty Ltd (ABN 92 607 747 240)
Douglas Funds Consulting Pty Ltd ABN 92 607 747 240, AFSL No. 480438 (“DFC”), is the holder of Australian Financial Services Licence (“AFSL”). Under the terms of its AFSL, DFC is authorised to provide general advice to wholesale clients for interests in managed investment schemes excluding investor directed portfolio services. DFC understands that you are a wholesale client within the meaning of that term in s761G of the Corporations Act 2015.
DFC’s Advice is Objective
DFC uses comprehensive and objective criteria that may be available at any relevant time in researching the financial products.
DFC does not receive a commission or success fee from any third party that in any way relates to any advice, recommendations, or reports provided by DFC to its clients.
DFC manages conflicts of interest and potential conflicts of interest through its Conflicts of Interest Policy.
DFC’s Conflict of Interest Policy and it can be read and downloaded from DFC’s website.
The information and materials upon which DFC bases any advice, recommendations, or reports may be based on primary or secondary source materials and information provided by third parties.
Whilst DFC will as part of its services always take reasonable steps to ensure that such information and materials are up to date and accurate, DFCcannot guarantee the accuracy of information and materials provided by third parties nor can DFC guarantee that such information and materials will at any time in the future be up to date or accurate.
The past or present performance of any financial product may not be a reliable indicator of its future performance or of the income or value of that financial product in the future.
At the best past or present performance of a financial product will in some instances be a cautionary guide or indicator as to its future performance.
The advice and investment recommendations or assessments, provided by DFC are by their nature general advice and not personal advice within the meaning of those terms in s766B of the Corporations Act 2015.
Any express or implied investment recommendation(s) or advice given by DFC is strictly limited to “General Advice” and based solely on the consideration of the investment merits of the specific financial product(s) alone, without taking into account your investment objectives, financial situation, or your particular needs (financial services) or the particular needs of any other person.
Investment Recommendations and Reports
Any investment recommendations or reports provided by DFC as part of its services to its clients relate to the specific financial products referred to therein at the time the recommendations were made or the report provided.
Financial conclusions and general advice given by DFC are at the time of giving such advice reasonably held by DFC at the time it is communicated to its clients.
Those financial conclusions and general advice may change without notice when further facts are known or subsequent events (whether foreseeable or not) occur.
All investment recommendations are made and reports provided to DFC’s clients for their use and not for the use of any other person unless DFC has expressly in writing agreed otherwise.
Whilst DFC researches the information it relies upon from what it believes to be reputable and reliable sources, a substantial component of that information may be public information and DFC cannot and does not verify or represent to you that such information (including public information) is at all relevant times, completely accurate, true, complete, or not in certain respects, potentially misleading or deceptive.
DFC recommends that where applicable its clients should prudently rely upon their own assessment and investigations as well as taking into account DFC’s advice, recommendations and reports.
Limitation of Liability
DFC assumes no obligation to update any reports or recommendations that it might make to its clients pursuant to the services provided unless such obligation is expressly stated as part of the services DFC is to provide to you.
Except for any liability to you which cannot by statute be excluded, DFC, its directors, officers, and agents disclaim all liability of whatsoever kind or nature to you in respect to any loss or damage you might sustain as a direct or indirect consequence of any error or inaccuracy, misstatement or omission from any reports or recommendations provided to by DFC.
This disclaimer of liability is to be given its widest possible construction and application. Provided however that this disclaimer does not apply to any error, inaccuracy, misstatement or omission which is deliberately intended to mislead you or cause loss or damage to or has been made or omitted recklessly or as part of any fraud.
To the extent to which any liability cannot be expressly excluded through the operation of clause 4.2 of this document, DFC limits its liability to the greater of the following amounts:
- An amount equal to the cost of having the services provided by another entity with the appropriate AFSL, or
- Refunding to you the amount paid or waiving any balance still to be paid to DFC for providing the services.
Copyright ©2017 Douglas Funds Consulting Pty Ltd (ABN 92 607 747 240, AFSL No. 480438) (DFC). This report is subject to copyright of DFC. Except for the temporary copy held in a computer's cache and a single permanent copy for your personal reference or other than as permitted under the Copyright Act 1968 (Cth), no part of this report may, in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise), be reproduced, stored or transmitted without the prior written permission of DFC. This report may also contain third party supplied material that is subject to copyright. Any such material is the intellectual property of that third party or its content providers. The same restrictions applying above to DFC copyrighted material, applies to such third party content.