Terms of use

Website Terms of Use

The material on the Black Pearl Private Clients Pty Ltd ABN 74 146 213 112 (‘BPPC’) Website, under the domain name ‘blackpearlpc.com.au’ (collectively ‘Website’) resides on servers in the USA & Australia.  This Website is offered to you conditional upon your acceptance of these Terms of Use and the associated Privacy Policy. Your use of and access to this Website constitutes your acceptance.

We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will be available on this Website as they are changed. By continuing to use our Website you accept the Terms of Use as they apply from time to time.

The law applicable to use of this Website and to disputes arising out of this Website is the law of the state of Victoria in Australia. If you access this Website from outside Australia you are also responsible for ensuring compliance with all applicable laws in the place where you are located.

1. Anti-spam notice

Publication of electronic addresses on BPPC’s Website is for the purpose of professional communication only and must not be used to infer consent by BPPC or the relevant addressees, to the receipt of unsolicited commercial electronic messages.

2. Content on this Website

Material or information (‘Content’) on this Website is not advice and is subject to periodic changes and may include technical inaccuracies or typographical errors. BPPC does not warrant the accuracy, completeness or adequacy of the content in this Website. You should make your own enquiries before entering any transaction on the basis of the content on this Website.

3. External links and advertisements

This Website may contain links to websites maintained by other organisations over which BPPC has no control. BPPC does not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.

BPPC makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which this Website is linked, nor is BPPC responsible for the availability of these external links. You should refer to the relevant external site or advertiser for information on its products and / or services.

4. Limitation of liability

BPPC (i) makes no warranties or representations about this Website or any of the Content; (ii) accepts no responsibility for any loss suffered by you or anyone else in connection with the use of this Website or any of the Content; (iii) does not guarantee that this website will not cause damage or is free from viruses or any other defects or errors. BPPC excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of this Website or the Content on it. Where liability cannot be excluded, any liability incurred by BPPC in relation to the use of this Website or the Content, is limited as provided under the Trade Practices Act 1974 (Cth) (s.68A).

Under no circumstances will BPPC be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.

BPPC shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on external sites. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster.

5. Copyright in material on this site and restriction of use

Save and except for any third party copyright included on this website under a licence or agreement, all the Content of this Website and downloads from it, is owned by Black Pearl Private Clients Pty Ltd (ABN 74 146 213 112). All rights reserved.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.

BPPC grants you permission to do the following with the content unless otherwise indicated:

• store a reproduction of the content on your local computer for the sole purpose of viewing it;
• print hard copies of the content for non-commercial use or personal use only;
• reproduce or distribute any complete page of the content so long as
  • you do not reproduce or redistribute less than a complete page, or, where a document consists of more than one page, less than the complete document
  • you do not modify the copy from how it appears on the Website (unless expressly authorised by BPPC)
  • this copyright notice appears in its entirety in each copy made or distributed, and
  • the content is appropriately attributed to BPPC

Without limiting the foregoing, you must not reproduce, frame, transmit (including broadcast), adapt, link to, or otherwise use any of the content on the website including audio and video excerpts without the prior written approval of BPPC.

6. Copyright in other material

BPPC makes no warranties or representations that third party material on this Website or material on other websites to which this Website is linked, does not infringe the intellectual property rights of any person anywhere in the world.

BPPC is not and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking this Website to such material on other sites.

7. Submissions

All information submitted to BPPC via this site shall be deemed and remain the property of BPPC and BPPC shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor to this site provides BPPC through this site. BPPC shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the BPPC entity having the direct customer relationship or as otherwise specifically agreed or required by law.

8. Trademarks

Trademarks including but not limited to the words ‘Black Pearl Private Clients’, unless otherwise indicated, are owned by Black Pearl Private Clients in Australia and may be the subject of rights in other countries. You must not use BPPC’s trademarks except: (i) by saving or printing out a copy of BPPC’s website as permitted by the copyright notice above; (ii) as permitted by written agreement from BPPC.

This Website may contain trade marks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.

9. Indemnification

You agree to indemnify, defend and hold harmless BPPC, its officers and employees, from any loss, liability, claim, demand, damage or expenses (including reasonable solicitor’s fees) asserted by any third party due to or arising from or in connection with your use of Content, or your conduct on this Website, or messages posted or transmitted by you on or through this Website. BPPC reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.

10. Invalid terms and conditions

In the event that any or any part of the terms contained in these Terms of Use are determined by a court to be invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms.

11. Variation of terms of use

BPPC reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time and you should therefore periodically review this page.

12. Website unavailability

BPPC does not accept responsibility in the event that the website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of BPPC.

13. Forums and public communication

Forum includes without limitation; chat area, message board, blog or wiki function, discussion board, instant messaging, mobile messaging or e-mail function offered as part of this Website. If you participate in any Forum within this Website, you agree to follow our terms set out below, including the specific terms (where applicable) for the BPPC Question & Answer and BPPC FAQs.

BPPC is not responsible for the content or opinions posted or sent by users in any Forum. You acknowledge that: (i) you take responsibility for postings under your username; (ii) you use the information provided in the Forums at your own risk; (iii) anything you submit on the Website by way of any Forum is routed through BPPC’s servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission; (iv) BPPC does not guarantee and is under no obligations, to take action in response to any suggestions or requests placed by any person within the Forum; (v) the Forums and features on the Website are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don’t know. BPPC cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a Forum may not be reliable and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. BPPC cannot be responsible for the content or accuracy of any information and shall not be responsible for any trading, investment, or any other decisions made based on such information.

You furthermore agree not to do any of the following:

• Post, distribute, or otherwise make available or transmit any data, text, or message, that BPPC deems to be: (i) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (ii) bigoted, hateful, or racially offensive; (iii) vulgar, obscene, or sexually explicit (language or images); or that (iv) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or that (v) infringes and / or violates any domestic or international law, rule, or regulation or make statements that do not generally pertain to the designated topic or theme of any Forum.
• Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind,
• Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
• Engage in antisocial, disruptive, or destructive acts, including ‘flaming’, ‘spamming’, ‘flooding’, ‘trolling’, and ‘griefing’ as those terms are commonly understood and used on the Internet.

BPPC reserves the right to: (i) remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these terms; (ii) remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the Forum; (iii) comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using this website in violation of the law; (iv) either via staff posting or otherwise, initiate any discussion based on feedback from members; and (v) otherwise remove or edit content from any Forum at any time and for any reason although it has no duty to do so.

BPPC Question & Answer and FAQs

FAQs: BPPC reserves the right to modify or alter messages posted for use as frequently asked questions (FAQs).

BPPC staff: Comments or responses by BPPC staff do not necessarily represent the views of BPPC.

14. Password requirement

BPPC may issue clients with a password to access materials specific to the services provided by BPPC to them. In certain circumstances non-clients may be able to obtain a password. For further information, please contact us. BPPC may refuse to issue a password, in its sole discretion, until such time as it has satisfied itself about the identity of the user and the ability of the user to perform its obligations under these Terms of Use.

15. Password security

You must keep your password confidential at all times. You must not: (i) allow anyone to watch you enter your password when accessing the website; (ii) record your password in any manner that would indicate to anyone that it is the user’s password. You must inform us as soon as possible if you become aware of misuse of your password or loss or theft of a record of the password, or if you suspect that the password has become known to anyone. If you delay unreasonably in notifying us, you will be liable for your losses.

16. Prices

Prices are correct at the time they appear on this Website. However, BPPC reserves the right to change prices at any time.

The prices appearing on this Website may have a GST component and you are encouraged to check this at point of payment, otherwise the prices include processing, handling, insurance and delivery charges for delivery within Australia.

In order to obtain a GST exclusive price, you may be asked to declare your residential status, physical location and use of the supply of goods or services you purchase on this Website in the following form: I declare that (i) I am not an Australian resident; and (ii) I am not, or will not be, in Australia at the time I receive the goods or services. Please note that your transaction will not be completed unless you make this declaration when prompted.

The GST exclusive price is only available to customers who:

• are non residents
• are outside Australia at the time they receive the supply of any materials
• agree to the declaration referred to previously