Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Caldera Capital Pty Ltd website (the "Service") operated by Caldera Capital Pty Ltd ("us", "we", or "our") and its related entities. These terms are drafted in accordance with Australian laws.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1. Intellectual Property Rights
All content on this website, including but not limited to text, images, graphics, logos, and videos, is the property of Caldera Capital Pty Ltd or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. Users may not copy, reproduce, or distribute any content from the Service without the express written permission of Caldera Capital Pty Ltd.
Caldera Capital Pty Ltd shall retain exclusive ownership of all intellectual property rights in any materials, methodologies, tools, systems, or deliverables proposed, developed, or created by Caldera Capital Pty Ltd and its related parties in the course of its engagements, unless otherwise expressly agreed upon in writing. Clients and third parties shall not claim or assert any ownership rights over such intellectual property. All rights not expressly granted are reserved.
2. User Conduct
By using the Service, you agree not to engage in any activity that is unlawful, harmful, or violates the rights of others. You are solely responsible for any content or information you submit or share through the Service. You agree not to post or transmit any content that is defamatory, offensive, or otherwise objectionable.
3. Usage Tracking
Caldera Capital Pty Ltd may record certain usage information, such as the number and frequency of visitors to the Service.
4. Personal Data
If you request certain information from us (such as annual reports) or apply for employment with Caldera Capital Pty Ltd through our recruitment process, we may request certain information about you either offline or through the Service ("Personal Data"). By providing Personal Data to Caldera Capital Pty Ltd, you acknowledge that such data may be accessed, retained, or disclosed within Caldera Capital Pty Ltd, and agree that Caldera Capital Pty Ltd may rectify or erase Personal Data subject to applicable laws. Such Personal Data will not be shared with unaffiliated third parties except in connection with the purpose for which such Personal Data was provided to us, as you expressly permit, or as authorised by applicable laws. For more detailed information about our data practices, please refer to our Privacy Policy.
5. No Investment Offers or Professional Advice
The content on this website does not constitute an offer to sell or a solicitation of an offer to buy any interest in any investment vehicle managed by Caldera Capital Pty Ltd or any company in which Caldera Capital Pty Ltd or its affiliates have invested. Nothing on this website constitutes professional or financial advice, nor does any information on this website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto.
The content on this website is provided for general informational purposes only and does not constitute professional advice. Users should not rely on the information provided on this website as a substitute for professional advice. We recommend that users seek the advice of qualified professionals before making any decisions related to the matters discussed on this website.
6. Availability and Compliance with Local Laws
Unless otherwise expressly set forth herein, Caldera Capital Pty Ltd makes no representation that materials on this website are appropriate or available for use in any location. If it is illegal or prohibited in your country of origin to access or use this website, then you should not do so. Those who choose to access this website do so on their own initiative and are responsible for compliance with local laws.
7. Disclaimer
The information provided on this website is for general informational purposes only. While we strive to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the website for any purpose.
8. No Warranty
The Service is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, or non-infringement.
9. Limitation of Liability
In no event shall Caldera Capital Pty Ltd, its affiliates, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use or inability to use the Service, even if Caldera Capital Pty Ltd has been advised of the possibility of such damages.
10. Third-Party Service Providers and Information Sources
We may share your Personal Data with third-party service providers who perform services on our behalf, in compliance with all applicable data protection regulations.
Caldera Capital Pty Ltd may use or rely upon information or materials provided by third parties in the course of its engagements. Caldera Capital Pty Ltd does not warrant or guarantee the accuracy, completeness, or reliability of any such third-party information and shall not be liable for any errors, omissions, or inaccuracies contained therein. Recepients are advised to conduct their own due diligence on any third-party sources.
11. Indemnification
If your use of this website gives rise to any third-party claim against you or any Caldera Capital Pty Ltd Party, you agree to (i) indemnify and hold harmless Caldera Capital Pty Ltd and its affiliates, directors, employees, and agents with respect to any such claims, (ii) release Caldera Capital Pty Ltd and its affiliates, directors, employees, and agents from any such claims, and (iii) waive all laws that may limit the efficacy of such release. Clients agree to indemnify and hold harmless Caldera Capital Pty Ltd and its representatives from any claims, losses, or expenses arising from the services provided, except in cases of gross negligence or wilful misconduct.
Any third party who receives confidential information about Caldera Capital Pty Ltd or its clients agrees to indemnify, defend, and hold harmless Caldera Capital Pty Ltd and its affiliates, directors, employees, and agents from and against any claims, losses, liabilities, damages, or expenses (including reasonable attorneys' fees) arising from their reliance on the data, third party's misuse or unauthorised disclosure of such confidential information.
12. No Liability for Business Decisions or Transaction Outcomes
Caldera Capital Pty Ltd is not responsible for any business decisions made by users based on the information provided on this website. Users are solely responsible for their own business decisions and any consequences arising from them.
Caldera Capital Pty Ltd collaborates with clients in a clearly defined process with the aim of achieving specific objectives. It is understood, however, that the final outcome resulting from this collaborative effort is inherently unpredictable and beyond the control of all parties involved. While Caldera Capital Pty Ltd remains committed to utilising its best efforts towards the achievement of the objectives, it is acknowledged that numerous external factors outside of the parties' control may affect the outcome, including but not limited to market conditions, investor sentiment, and regulatory developments. Clients explicitly agree that Caldera Capital Pty Ltd shall not be held responsible or liable for any negative or detrimental outcome resulting from the client's efforts to pursue the objectives and/or transactions. Clients further acknowledge that Caldera Capital Pty Ltd is not accountable for the decisions of investors or any third parties, and understands that the ultimate decision solely rests with such parties. It is also acknowledged that Caldera Capital Pty Ltd provides advisory services solely to clients and does not act as an underwriter or fiduciary responsible for guaranteeing the success of the client's transactions.
13. No Liability for Client Information
Caldera Capital Pty Ltd may share information provided by its clients with third parties in connection with potential transactions or partnerships. This information is intended as a guide only and does not purport to contain all information required for such transactions. Caldera Capital does not make any representation or warranty, expressed or implied, that the information provided by clients is accurate, reliable, complete, or sufficient for any purpose.
Recipients of client information should not rely on it and should conduct their own due diligence, seek their own advice, and make their own decision regarding any transaction. To the fullest extent permitted by law, Caldera Capital does not accept any responsibility or liability for any interpretation, conclusion, loss, or damage arising from the use of or reliance on client information.
Any historical performance information, estimates, forecasts, projections, or forward-looking statements provided by clients have not been verified by Caldera Capital and should not be considered reliable indications of future performance. Recipients should conduct their own investigation and analysis to satisfy themselves as to the accuracy and reasonableness of such information.
This clause applies in addition to, and not in replacement of, any legal notices or disclaimers included in the documents provided by Caldera Capital's clients. In the event of any inconsistency between this clause and any legal notices or disclaimers in client documents, the terms that provide greater protection to Caldera Capital shall prevail to the fullest extent permitted by law.
14. Confidentiality
All information shared between Caldera Capital Pty Ltd and its clients, potential clients, or any third parties receiving information about Caldera Capital, or its clients, whether in writing, orally, or by other means, is considered confidential by default, unless expressly stated otherwise. This includes, but is not limited to:
- The existence and terms of any engagement letter or agreement between Caldera Capital and the client, or any potential engagement discussions.
- The fees, compensation structure, and any financial arrangements between Caldera Capital and the client, or any proposed arrangements with potential clients.
- Caldera Capital's proprietary methodologies, strategies, and approaches used in providing advisory services to the client or disclosed in pre-engagement discussions.
- Any non-public, proprietary, or sensitive information provided by the client or potential client to Caldera Capital, or by Caldera Capital to third parties about its clients.
- Any other information that a reasonable person would consider confidential given the nature of the relationship and the circumstances of the disclosure.
This confidentiality obligation shall apply to all pre-engagement communications and shall survive the termination of any engagement between Caldera Capital and the client, continuing indefinitely unless otherwise agreed upon in writing by both parties.
Clients and potential clients acknowledge that Caldera Capital may share confidential information with its employees, officers, and representatives on a need-to-know basis for the purpose of providing or discussing the agreed-upon or proposed services.
Third parties who receive information about Caldera Capital's clients agree to maintain the confidentiality of such information and to use it solely for the purpose for which it was provided. They further agree to return or destroy any confidential information upon request by Caldera Capital or the relevant client.
By engaging Caldera Capital's services, or by receiving information about Caldera Capital's clients, all parties consent to the sharing of confidential information as described above and agree to maintain the confidentiality of any proprietary information or methodologies disclosed by Caldera Capital.
15. No Fiduciary Relationship
The relationship between Caldera Capital Pty Ltd and its clients is purely contractual and does not imply any fiduciary duties or obligations beyond those expressly stated in the engagement agreement. This applies even in cases where Caldera Capital may hold a minority ownership interest in a client company. Caldera Capital's ownership does not create a fiduciary relationship or alter the scope of services and obligations agreed upon in the engagement agreement.
Caldera Capital maintains internal policies and procedures to manage any potential conflicts of interest arising from its minority ownership in client companies and ensures that its advisory services remain objective and unbiased. Clients are encouraged to seek their own independent advice regarding any matters related to Caldera Capital's ownership interest.
16. Relationship of the Parties
Nothing in these Terms and Conditions shall be construed as creating a partnership, joint venture, employment, or agency relationship between Caldera Capital Pty Ltd and you.
17. Limitation of Liability
In no event shall Caldera Capital Pty Ltd, its affiliates, directors, employees, or agents be liable for any damages whatsoever, including without limitation direct, indirect, incidental, special, consequential, or punitive damages, arising out of or in connection with your use or inability to use the Service or the information, products, services, or related graphics contained on this website, even if Caldera Capital Pty Ltd has been advised of the possibility of such damages. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Caldera Capital Pty Ltd has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
18. Entire Agreement
These Terms and Conditions, along with any documents referenced herein, including our Privacy Policy, constitute the entire agreement between Caldera Capital Pty Ltd and you with respect to your use of this website, and supersede all prior agreements and understandings regarding the same. This does not affect or modify any other contractual agreements you may have entered into with Caldera Capital Pty Ltd for other services or dealings outside the context of this website. In the event of any inconsistency between this clause and any agreement you have executed with Caldera Capital Pty Ltd, the terms that provide greater protection to Caldera Capital shall prevail to the fullest extent permitted by law.
19. Headings and Interpretation
The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of the provisions. Words importing the singular shall include the plural and vice versa, and words importing a gender shall include all genders.
20. Assignment
Caldera Capital Pty Ltd reserves the right to assign, transfer, or delegate any of its rights and obligations under these Terms and Conditions to any successor, affiliate, or third party without prior notice to you. You may not assign, transfer, or delegate any of your rights or obligations under these Terms and Conditions without the prior written consent of Caldera Capital Pty Ltd.
21. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without giving effect to its conflict of laws provisions. Any dispute relating to these Terms shall be brought solely in the courts located in New South Wales, Australia, and you agree that such courts shall have jurisdiction over you in connection with any such dispute.
You agree that any claim or cause of action arising out of or related to your use of this website or the services provided by Caldera Capital Pty Ltd must be filed within one (1) year after such claim or cause of action arose, or else be permanently barred. This limitation applies regardless of the nature of the claim or cause of action and notwithstanding any statute or law to the contrary.
22. Dispute Resolution
In the event of any dispute arising out of or in connection with these Terms and Conditions, the parties agree to first seek to resolve the dispute through friendly negotiations. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation before resorting to litigation.
23. Translation of Terms
These Terms and Conditions may be translated into other languages for convenience. In case of any discrepancy between the English version and a translated version, the English version shall prevail.
24. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
25. Termination
We reserve the right to terminate or suspend your access to our Service, without prior notice or liability, for any reason or no reason, including without limitation if you breach the Terms and Conditions.
26. Survival of Terms
Most of the provisions of these Terms and Conditions, such as confidentiality, intellectual property rights, indemnification, and limitation of liability, shall survive the termination of any engagement with Caldera Capital Pty Ltd.
27. Links to Other Websites
Our Service may contain links to other sites not operated by us. We are not responsible for the content, privacy policies, or practices of any third-party sites or services.
28. Changes to the Service
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at any time or from time to time, with or without prior notice.
29. Force Majeure
We will not be liable for any delay or failure to perform any obligation under these Terms and Conditions where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
30. Notice of Infringement
If you believe that your intellectual property rights have been infringed by content on this website, please contact us at: support@caldera.group.
31. Severability
If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
32. Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
33. Contact Us
If you have any questions about these Terms, please contact us at: feedback@calderacapital.com.au
