1. About these Terms

https://www.asarep.com/ (Website) is operated by ASA Real Estate Partners Pty Ltd ACN 673 633 755 (we, us, our). We are a specialist real estate investment manager across office, retail, industrial and specialist real estate sub-sectors.

These Terms and Conditions (Terms) form a legally binding agreement between the user (User, you) and us.

By accessing the Website and/or using any Resources, you accept, and agree to comply with, these Terms. If you disagree with these Terms, you should not access the Website and/or use any of the Resources.

These Terms only govern your access to and use of the Website and Resources and not any other dealing or transaction you may have with us.   If you enter into any transaction, or have any other dealings with us (whether through the Website or otherwise), then such transaction or dealings may be governed by the terms of a separate agreement between you and us.

We may amend these Terms at any time by updating these Terms on our Website. We recommend that you check these Terms frequently as your continued access and use of the Website and Resources after a change to the Terms signifies your agreement to the modified Terms. Nothing in these Terms requires you to continue to access or use the Website or Resources if these Terms are updated.

2. Intellectual Property Rights

2.1 As between you and us, ownership of intellectual property rights in the Website and any Resources is owned by us. The Resources may not be passed off as your own.

2.2 Except as expressly provided in these Terms, you must not, without our prior written permission, copy, broadcast, reproduce, republish, download, store (in any medium), upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, the Website or the Resources.

2.3 Resources contained on this Website can be downloaded only for informational non-commercial purposes.  Otherwise, such Resources may not be copied, modified, distributed or otherwise exploited, without our prior written permission.

3. User Restrictions

3.1 You must not use this Website and Resources in any way or for any purpose that is unlawful or breaches these Terms.

3.2 You must not:

(a) disrupt, damage, impair or interfere with the Website or any servers, software, hardware or equipment connected to it;

(b) restrict or inhibit any other user from using or enjoying the Website;

(c) attempt to bypass any firewalls associated with the Website, or to distribute or transmit junk or spam email that contains any Resources;

(d) distribute or transmit any virus or other harmful code or disabling feature on the Website or to any other user;

(e) distribute any part of the Resources for commercial purposes;

(f) breach any applicable law regarding your use of the Website;

(g) try to reverse engineer, decompile or disassemble any part of the Website;

(h) try to modify, adapt, translate, or sell the Website, or any part of it or any Resources on it; and

(i) access any part of this Website that you are not authorised to use (including but not limited to trying to circumvent any security measures put in place).

4. Monitoring access and downloads

 For security, statistical, compliance, regulatory and other related purposes we may:

(a) monitor the User's access to the Website and use of the Resources; and

(b) record or otherwise capture data or other information relating to the User's access to the Website and use of the Resources (including country and location).

5. Variation and availability

The User acknowledges that we retain the sole discretion regarding the Resources and features, functions and other benefits that will be available within the Website from time to time and that:

(a) nothing in these Terms requires us to provide or maintain any particular Resources or features, functions and other benefits of the Website;

(b) we may vary the Resources and features, functions and other benefits available to the User in respect of the Website at any time;

(c) not all of the Resources and features, functions and other benefits may be available at all times;

(d) some or all of the Resources and features, functions and other benefits may be unavailable due to scheduled outages and downtime, disaster recovery processes or due to circumstances beyond our control; and

(e) nothing in these Terms imposes obligations on us to provide any services to the User in respect of the Website including (without limitation) development or customisation services, technical or user support, training or maintenance services.

6. Cookies

During your use of the Website, we may issue to and request from your computer blocks of data known as “cookies”. By using this Website, you authorise us to issue such cookies to your device.

7. Warranty

7.1 We will attempt to ensure that the Website and any Resources on the Website are correct, however we cannot guarantee their accuracy, suitability or completeness. The Resources are provided to you on an “as is” basis without warranties of any kind, either express or implied, subject to clause 2 and 9.3.

7.2 Without limiting clause 1 and subject to clause 9.2 and 9.3, we do not warrant or guarantee to the User that the Website and Resources or use of the Website or Resources:

(a) will be uninterrupted or error-free;

(b) will be suitable or fit for any particular purpose;

(c) will assist Users achieve any financial or other particular outcome, benefit or return; or

(d) will be accurate or reliable.

7.3 The Website and Resources contain general information only about our business, services and products. The User acknowledges and agrees that this Website and the Resources do not:

(a) provide personal, financial, taxation, investment or professional advice and is not to be relied on as such; and

(b) consider the User’s objectives, financial situation or needs.

7.4 Users should seek and rely on professional advice from an independent adviser before making any investment decision in relation to any fund, investment, security or other product referred to on the Website or Resources or offered through the Website or Resources (Fund Product). We do not guarantee the performance of any Fund Product or the repayment of any capital invested. We do not make any representation as to the success of any Fund Product and past performance is not indicative of future results.

8. Third Party Content

The Website may contain links to other websites operated by third parties and the Website and Resources may contain content which is provided or developed by a person other than us (Third Party Content). We do not make any representation as to the accuracy or suitability of any of the information contained on those other websites or of any Third Pary Content, and we do not accept any responsibility or liability for, or give any endorsement in respect of, the conduct, content, products or services of those other websites or their operators or of any Third Party Content (including the accuracy of any such Third Party Content).

9. Limitation of Liability

9.1 To the fullest extent allowed by applicable law and subject to the remainder of this clause 9:

(a) we, our directors, employees and suppliers will not be liable for any loss or damage whatsoever (including, without limitation, direct, indirect, incidental, special and/or consequential damages or lost profits) resulting from your use of or access to, or your inability to use or access, the Website and/or Resources; and

(b) except as otherwise provided herein, we exclude all terms, conditions, warranties or representations whether express or implied.

10. Overseas access

The Website may be accessed throughout Australia and overseas. We make no representations that the Website or any Resources comply with the laws of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.

11. Termination

11.1 We may terminate these Terms and your access to the Website and/or Resources at any time without notice. In the event of termination, you must immediately cease accessing and using the Website and/or Resources. All restrictions imposed on you, licences granted by you, disclaimers and limitations of liability set out in these Terms will survive termination.

11.2 Nothing in these Terms requires you to continue to access or use the Website or Resources and you may cease accessing or using the Website or Resources at any time.

12. Miscellaneous

12.1 If any provision of the Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.

12.2The Terms are governed by and will be interpreted in accordance with the laws of Victoria, Australia and all disputes arising from the Terms will be subject to the exclusive jurisdiction of the courts of Victoria.

13. Definitions and interpretation

13.1 Definitions

In these Terms, unless the context otherwise requires:

(a) Data means the information and data generated by the Website or made available to the User through the Website.

(b) Resource means any content, Data, information, graphics, images or videos which is made available for access, use and/or download on the Website.

13.2 Interpretation

In these Terms, headings are inserted for convenience only and do not affect the interpretation of these Terms and, unless the context otherwise requires:

(a) the singular includes the plural and vice versa;

(b) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;

(c) the meaning of general words is not limited by specific examples introduced by ‘includes’, ‘including’, ‘for example’, ‘such as’ or similar expressions; and

(d) a reference to a person includes an individual, a partnership, a corporation or other corporate body, a joint venture, a firm, a trustee, a trust, an association (whether incorporated or not), a government and a government authority or agency.