Disclaimers

Disclaimer of Warranties

Digital Capital Management Pty Ltd is a Corporate Authorised Representative (CAR 126 0311) of Alpha Node Capital Pty Ltd ACN 603 150 634 (AFSL No. 479974)

All content shown on the site is provided in good faith and derived from information believed to be accurate at the time of publication. Neither Digital Capital Management Pty Ltd, its Directors, officers or any third parties provide any warranty or guarantee as to the accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. Services and Content are provided to you “as is”, and Digital Capital Management Pty Ltd expressly disclaims all warranties of any kind, either implied or express, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. It shall be your own responsibility to ensure that any information available through this website meets your specific requirements. Digital Capital Management Pty Ltd makes no warranty, either implied or express, that any part of the use of Digital Capital Management Pty Ltd website, goods and services will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You understand and agree that Digital Capital Management Pty Ltd does not provides general or personal advice of any kind and that any information obtained via the Website may be used solely at your own risk, and that Digital Capital Management Pty Ltd will not be held liable in any way.

LIMITATION OF LIABILITY:

You expressly understand and agree that Digital Capital Management Pty Ltd will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages suffered by you, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible assets (even where Digital Capital Management Pty Ltd has been advised of the possibility of such damages), resulting from:

  1. a) the use of Services or the inability to use Services;
    b) the cost of obtaining substitute goods and/or services resulting from any transaction entered into on/through Services;
    c) unauthorized access to or alteration of your data transmissions;
    d) statements by any third party or conduct of any third party using Services; or
    e) any other matter relating to Services.

This applies except for damages resulting from our gross negligence or wilful misconduct. Notwithstanding, nothing in these Terms of Use shall constitute a waiver or limitation of your rights under any federal or state securities or consumer laws.

THIRD PARTY SITES:

From time to time, this website may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of linked website(s).

Digital Capital Management Pty Ltd is not responsible for the products and services offered by or on third-party sites. Digital Capital Management Pty Ltd makes no warranty, either implied or express, that any part of the use of third party websites will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download.

RESERVATION OF RIGHTS:

Digital Capital Management Pty Ltd reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Digital Capital Management Pty Ltd may have in respect to the Website, its content, and goods and services that may be provided in association with it. The use of any of Digital Capital Management Pty Ltd’s rights and property herein requires Digital Capital Management Pty Ltd’s prior written consent. By making the Website, goods and services available to you, Digital Capital Management Pty Ltd is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Website, goods or services without Digital Capital Management Pty Ltd’s prior written consent. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

COPYRIGHT PROTECTION:

This website contains materials which are owned by or licensed to us. This material includes, but is not limited to, the design, layout, icons, look, appearance and graphics. Reproduction is strictly prohibited. Both the Website and the Reports are protected by Copyright and except where such use constitutes fair dealing under intellectual property law, you must not use, copy, reproduce, publish, store, alter or transmit any part of the contents of this website. Nothing contained on the website or reports should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. All rights not expressly granted to you under these Terms of Use are reserved by Digital Capital Management Pty Ltd. It is our policy to block access to or remove material that we believe in good faith to be copyrighted material, and to remove and discontinue service to repeat offenders.

USER OBLIGATIONS:

You must not violate or attempt to violate the security of the Website. You must not hack into the Website, Digital Capital Management Pty Ltd’s computer systems or the computer systems of other users of the Website.  You must not use the Website, intentionally or unintentionally, to violate any applicable local, state, national or international law. If you breach these Terms, Digital Capital Management Pty Ltd may (at its option, and without limiting the remedies available to Digital Capital Management Pty Ltd in any way) terminate its agreement with you or bar you from accessing the Website on a temporary or permanent basis.

You agree to fully compensate Digital Capital Management Pty Ltd and its officers, employees and agents from and against reasonable liability, loss, damage, costs and expense (including, without limitation, reasonable legal expenses on a reasonable basis) and penalties incurred or suffered by any of them arising out of:

  1. a) Your material breach of these Terms;
    b) Any misuse or use of Digital Capital Management Pty Ltd content in breach of these Terms; and
    c) Any act of fraud or wilful misconduct by or on behalf of you.

The obligations to compensate for losses incurred by Digital Capital Management Pty Ltd and its officers, employees and agents in these Terms are continuing obligations of the parties, separate and independent from their other obligations and survive termination of these Terms and absolute and unconditional and unaffected by anything that might have the effect of prejudicing, releasing, discharging or affecting in any other way the liability of the party that is obliged to provide the compensation.