This website contains only summary information concerning investment opportunities and must be read in conjunction with all applicable information memorandums (which are available by contacting Dark Horse Capital via info@darkhorsecapital.com.au). The investment opportunities are only open to ‘professional investors’ and ‘sophisticated investors’ who are also ‘wholesale clients’ as those terms are defined in the Corporations Act 2001 (Cth). The information contained on this website is prepared and is current as at the date of publication and may be amended or revoked by Dark Horse Capital at any time. Images on this website are indicative only and the final scale, design and detail of any property may differ from these images.
None of the information included on this website is intended to constitute financial product advice and no account has been taken of the objectives, financial situation or needs of any person who views this website. Each prospective investor contemplating subscribing for any units in any investment should:
– consult their own professional, financial, legal and tax advisers about risks associated with an investment in any units and the suitability of investing in the units in light of their particular circumstances;
– make and rely upon its own independent investigations of the financial condition and affairs of, and its own appraisal of the creditworthiness of, the applicable trust; and
– determine for themselves the relevance of the information contained on this website and base their investment decision solely upon their independent assessment and such investigations as they consider necessary.
No independent verification of the information contained on this website has been undertaken and accordingly, no representation, warranty or undertaking, express or implied, is made, and no responsibility is accepted by Dark Horse Capital or any of its related bodies, officers or employees as to the accuracy or completeness of, or any errors in or omissions from, this website.
Information provided on this website is general in nature and does not constitute financial or credit advice. All case studies, calculations and rates included are for illustrative purposes only and cannot be relied upon as actual representations. Before deciding to invest in a fund offered by Dark Horse Capital & Co, you should read the Information Memorandum and consider whether the fund is suitable for your personal objectives, financial position and particular circumstances.
Dark Horse Capital & Co does not give any warranty as to the accuracy, reliability or completeness of information which is contained in this website. Except insofar as any liability under statute cannot be excluded, Dark Horse Capital and Co and its employees do not accept any liability for any error or omission on this website or for any resulting loss or damage suffered by the recipient or any other person.
Dark Horse Capital & Co will endeavour to update the website as needed. However, information can change without notice and Dark Horse Capital & Co does not guarantee the accuracy of information on the website, including information provided by third parties, at any particular time. Every effort has been made to ensure that the information provided is accurate. Individuals must not rely on this information to make a financial or investment decision. Before making any decision, we recommend you consult your financial advisor.
WHAT TO DO IF YOU HAVE A DISPUTE OR COMPLAINT
We are committed to providing our customers with the best possible service. If at any time we have not met our obligations – or you have a complaint about any of our services – please inform us so we can work towards a resolution. We will endeavour to deal with your complaint promptly, thoroughly and fairly.
HOW TO MAKE A COMPLAINT
If you have a complaint, please follow these steps:
KEEPING YOU INFORMED
Within 45 calendar days from the date you lodged the complaint with us, we will write to you advising you the outcome of the investigation and the reason/s for our decision, or if required, we will inform you more time is needed to complete the investigation.
IF YOU’RE NOT SATISFIED WITH OUR DECISION
If an issue has not been resolved to your satisfaction, you can lodge a complaint with the Australian Financial Complaints Authority, or AFCA. AFCA provides fair and independent financial services complaint resolution that is free to consumers.
Website: www.afca.org.au
Email: info@afca.org.au
Telephone: 1800 931 678 (free call)
In writing to: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001
COMPLAINTS ABOUT THIRD PARTY PRODUCTS OR SERVICES
If your complaint relates to a product or service acquired through a third party, please contact the relevant third party. They will help you via their complaints resolution process. If you’re not satisfied with the resolution of your complaint by a third party under their complaints resolution process, you are entitled to have your dispute considered by their External Dispute Resolution Scheme. Please contact the third party for further details.
Please read these terms of use carefully before you start to use the site. This web page (together with the documents referred to on it) tells you the terms of use for the Dark Horse Capital & Co’s website whether you access it as a guest or a registered user.
By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
ABOUT US
The www.darkhorsecapital.com.au website is operated by Dark Horse Capital & Co Pty Ltd. The registered address for Dark Horse Capital is Level 27, 101 Collins St Victoria 3000.
ACCESSING OUR SITE
Access to our site is at our discretion. We reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user log-on, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user log-on or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using our site, you must comply with the provisions of our Acceptable Use Policy included in these Terms of Use.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining permission from us to do so.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
INFORMATION ON OUR SITE IS NOT ADVICE
The information on our site is not advice and should not be relied on as advice. If you rely on the information in our site to make a decision, or communicate that information to someone else, we disclaim all liability.
Financial information has been prepared for illustrative purposes only and does not constitute investment advice or a recommendation to acquire or dispose of any investment or to engage in any other transaction. Financial information commonly includes forward-looking statements, projections, forecasts, targeted and illustrative returns (“forward looking information”), and estimates such as growth forecasts, sales values, gearing and capitalisation yields. Forward-looking information involves numerous assumptions, uncertainties, qualifications and risks. Forward-looking information is not intended to serve as, and should not be relied upon, by any prospective investor as a guarantee, assurance, prediction or definitive statement of fact or probability. No representation is made as to the reasonableness or achievability of any forward-looking information or as to the accuracy or completeness of any modelling or analysis. Any expression of opinion on present or future market values does not constitute a formal valuation. All opinions and estimates are given as of the date the financial information is prepared and are subject to change. Actual events and circumstances are difficult or impossible to predict and may differ from assumptions. Actual realised returns depend on, among other factors, future operating results, the value of the assets, market conditions at the time of disposition, legal and contractual restrictions on transfer that may limit liquidity, any related transaction costs and the timing and manner of sale, all of which may differ from the data and assumptions on which this financial model is based. Accordingly, the actual realised returns may differ materially from the returns indicated in financial information.
The past performance of any investment and returns generated are provided for illustrative purposes only and should not be regarded as an indication of the future performance of any investment, nor are they indicative of potential investment results. There can be no assurance that these or comparable investment results or returns will be achieved or that it is possible to make investments similar to any existing and historical investments.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
OUR LIABILITY
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Any contracts for the supply of goods, services or information formed through our site or as a result of visits made by you are governed by our terms and conditions of supply in force from time to time and available upon request.
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy included in these Terms of Use.
You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy included in these Terms of Use.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKS TO OUR SITE
You may link to our home page, provided you ask our permission in advance and do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy included in these Terms of Use.
If you wish to make any use of material on our site other than that set out above, please address your request to marketing@darkhorsecapital.com.au.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The courts of Victoria, Australia will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Australian law.
VARIATIONS
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact our Head of Marketing at marketing@darkhorsecapital.com.au.
This acceptable use policy sets out the terms between you and us under which you may access
our site. This acceptable use policy applies to all users of, and visitors to our site. Your use of
our site means that you accept, and agree to abide by, all the policies in this acceptable use
policy, which supplement our terms of website use.
PROHIBITED USES
You may use our site only for lawful purposes. You may not use our site:
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the
provisions of our terms of website use.
Not to access without authority, interfere with, damage or disrupt any:
part of our site
equipment or network on which our site is stored
software used in the provision of our site, or;
any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
We may from time to time provide interactive services on our site, including, without limitation chat rooms and bulletin board (interactive services). Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
Be accurate (where they state facts).
Be genuinely held (where they state opinions), and;
Comply with applicable law in Australia and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person, or obscene, offensive, hateful or inflammatory.
Promote any illegal activity, sexually explicit material, violence or;
Discrimination based on race, sex, religion, nationality, disability, sexual orientation
or age.
Infringe any copyright, database right or trademark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case, or;
Advocate, promote or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is
necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy.
The responses described in this policy are not limited, and we may take any other action we
reasonably deem appropriate.
VARIATIONS
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact our Head of Marketing at marketing@darkhorsecapital.com.au