Terms & Conditions

TERMS OF USE

This page sets out the terms of use of this website.  A reference in these Terms of Use to ‘we’, ‘us’, ‘our’ or ‘Diogenes’ means Diogenes Funds Management Ltd (ABN 73 674 121 352,  AFSL No. 557218).

By using this website, you agree to be subject to all of its terms (including these Terms of Use and the Privacy Policy).  If you do not agree, you must cease using this website immediately.  We reserve the right to update or amend these Terms of Use at any time.  You should check this page from time to time to make sure you are aware of any changes.

Website Content

All information provided as part of this website is intended to be general in nature.  However, this website may also contain general financial product advice which does not take into account your personal circumstances, including your objectives, financial situation or needs and should not be relied on in connection with making an investment decision.

Before taking any action to acquire any of the financial products mentioned on this website, consider whether the information and the product referred to is appropriate having regard to your own objectives, financial situation and needs.  You should consult a licensed adviser who can provide you with personal advice based on your circumstances and obtain the relevant Product Disclosure Statement (PDS) and Target Market Determination (TMD) for the financial product mentioned in this website by locating the PDS and TMD on this site or by contacting [email protected].  The PDS contains full details of the terms and conditions of the relevant financial product.  You should read it and consider it and the relevant TMD before making any decision about whether to acquire the financial product or make any further investments.  You should particularly consider the risks section of the PDS, for example, investments can go up and down and investors risk losing some or all of their principal investment.

Investments in Diogenes’ products are not bank deposits and are not government guaranteed.  All figures are in Australian dollars unless otherwise indicated.  Diogenes aims to ensure that all information provided as part of this website is correct at the time of inclusion on the website but does not guarantee the accuracy of such information.

Diogenes is not liable for any action you may take as a result of relying on such information or advice or for any loss or damage suffered by you as a result of you taking this action.  Individuals should consult an independent financial planner or adviser before acting on any information presented in the contents of this website.

Investment Performance

Unless otherwise stated, Diogenes does not guarantee any particular rate or return, the performance of any investment or the repayment of capital from any investment.  Investment is subject to investment and other risks.  Possible risks could include delays in repayment and loss of income or capital invested.  Unless expressly stated, performance information included on this website is not intended to constitute forecasting of future performance.  Any information about returns included on this website should be considered only as part of a balanced review of all the features, benefits and risks associated with the product by reading the PDS.

Whilst the unit prices for the Diogenes Disability Housing Fund No. 1 are fixed, capital losses can occur in circumstances where an asset of the Trust or Fund incurs a capital loss.  Past performance is not a reliable indicator of future performance.

Disclaimer

Diogenes makes no representation, undertaking or warranty that the information or opinions contained on this website are accurate, reliable or complete.  Dated content available on this website, including, without limitation, any information, data, tools, products, services and other content available on or through the website speaks only as of the date indicated.

The information on this website is of a general nature only.  The information contained on this website should not be considered advice.  Diogenes is not providing any advice regarding any financial product within the meaning of section 766B of the Corporations Act 2001 (Cth).  Nothing on the website should be construed as a solicitation, offer or invitation, or recommendation, to acquire or dispose of any investment or to engage in any other type of transaction.  No consideration has been made of any person’s investment objectives, financial situation and/or needs.  Statements contained on this website should not be considered as a recommendation in relation to an investment in any Fund or that an investment in any Fund is a suitable investment for any specific person.

You should not act or fail to act on the basis of information appearing on this website without first seeking advice appropriate to your circumstances.  All investors should make their own enquiries and should seek all necessary financial, legal, tax and investment advice.  As a matter of general policy Diogenes will not conduct any investment activities with any person as a result of their receiving information from this website without obtaining further information to verify that that person is eligible under the relevant product disclosure statement or other offer document.

This website may contain general information about Diogenes’ funds and that information does not constitute an offer or inducement to acquire any financial product.  Nor does it form part of the terms and conditions for any investment into a fund.

To the extent that any information on this website does constitute financial product advice (within the meaning of the Corporations Act 2001 (Cth)), the advice is general advice only.  Any such advice does not take into account your investment objectives, financial situation or needs.  Before making any investment decision you should consider whether the advice is appropriate in light of your objectives, financial situation and needs or consult a professional adviser for specific advice.

Should you wish to invest directly in a fund referred to in this website you must only do so on the basis of an application form (or similar) attached to or accompanying any current offer document either downloaded from this website or provided by Diogenes.

Diogenes, its affiliates and its and their respective employees, officers, directors, agents and/consultants do not accept any liability for the results of any actions taken or not taken on the basis of information contained on this website, or for any negligent misstatements, errors or omissions.

Diogenes, its affiliates and its and their respective employees, officers, directors, agents and/or consultants may at any time have a position in securities of (or have any other form of interest in) any companies or entities in which a Fund has invested.  An employee, officer, director, agent or consultant of Diogenes may also be a director of a company in which a Fund has invested.

Privacy Policy

Personal information provided to Diogenes through this website will only be used in accordance with our Privacy Policy.  Please read this Privacy Policy carefully before supplying your personal information.  By providing your personal information to us you are consenting to its use in accordance with our Privacy Policy.

Cookies

Diogenes may use “Cookies” to collect and access information concerning your visit to and use of the Website.  “Cookies” are small pieces of information that your internet browser places on your computer’s hard drive and may be used by Diogenes to remember usernames and viewing preferences, track click streams on your browser and present users with personalised versions of the Website.  Diogenes presently uses the information it collects to identify you and your settings when you return to the Website and to enhance your experience of the Website.

You have the option of setting your browser to block “cookies”.  Please refer to the “help” function of your internet browser for instructions.  In some cases, blocking “cookies” may reduce the functionality of the Website or prevent access to it depending on your chosen internet browser options.

Third Party Websites

This website may contain links or references to third party sites.  We are not responsible or liable for the content of those sites and your access to and use of those sites is at your own risk.  Any links are provided for convenience only, and do not indicate any endorsement or recommendation by us.

Copyright and Trade Marks

This website contains material including text, photographs and other images and sound, which is protected by copyright and other intellectual property rights.  All copyright and other intellectual property rights in this material are either owned by Diogenes or have been licensed to it by the owner(s) of those rights so that it can use this material as part of this website.

Copyright on all materials belongs to Diogenes and does not pass to you when you download them.  You must retain any copyright or other proprietary notices contained in any of the materials you download from this website.  You must not alter the materials in any way or reproduce or otherwise use them for any public or commercial purpose.  You must not transfer, transmit or distribute the materials to any other person.

Misuse of Website

You agree to only use this website in accordance with its terms and applicable laws.   You may be held personally liable for any unlawful use of this website.

If you think any content on this website is inappropriate or unlawful or infringes your rights, please contact us by:

- calling us on 07 3473 0176; or

- e-mailing us at [email protected] 

Changes to this Website

Diogenes may terminate, change, suspend or discontinue any aspect of the Diogenes website, including the availability of any features of the website, at any time.  Diogenes may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability.

Changes to these Terms and Conditions

Diogenes may change these Terms and Conditions from time to time.  By browsing this website, you accept that you are bound by the Terms and Conditions current at the time.  You should check these each time you revisit the site.

Complaints Procedure

If you have a complaint about this website, please email the details to [email protected].

Governing Law

The terms of this website will be governed by and construed in accordance with the laws in force in Queensland, Australia, and you unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.  Although Australian websites may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country.  If you access this website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on our website content.

Last updated: 27 November 2024.

Diogenes Funds Management Ltd.