Website Terms of Use

These Website Terms of Use ("Terms") govern your access to and use of the websites, pages and online tools operated by Ares Capital Advisory (ABN 32 704 458 826) ("Ares Capital Advisory", "we", "us", or "our"), including any articles, FAQs, glossaries and other content we make available (collectively, the "Site"). By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy (together, the "Website Terms"). If you do not agree, do not use the Site.

1. Who may use the Site

1.1 You must be at least 18 years old and able to enter into a binding contract to use the Site.

1.2 We do not offer user accounts or log‑ins. The Site is provided for general information and educational purposes only.

2. Changes to these Terms and the Site

2.1 We may update these Terms or the Site from time to time. Changes take effect when posted on the Site, unless a later date is stated.

2.2 If a change is material, we will take reasonable steps to notify registered users (for example by email or a notice on the Site).

2.3 Your continued use of the Site after changes take effect means you accept the updated Terms.

3. Nature of information — Not financial advice

3.1 The Site provides general information and educational tools only. It does not constitute financial product advice, legal, tax, accounting or other professional advice and must not be relied on as such.

3.2 Content on the Site is not a recommendation, offer, invitation or solicitation to buy or sell any security or financial product.

3.3 Any valuation-related content is illustrative and does not constitute a valuation engagement or report. Formal valuation services are only provided under a separate written engagement letter signed by us and conducted in accordance with APES 225 Valuation Services and, where relevant, the International Valuation Standards. By requesting valuation-related content, you acknowledge that if this progresses beyond general information (e.g., by providing specific transaction details, business financials, or requesting customised analysis), a valuation engagement has commenced and our standard APES 225 terms will apply.

4. Australian financial services status

4.1 We do not hold an Australian Financial Services Licence (AFSL) and do not provide financial product advice as defined in the Corporations Act 2001 (Cth).

4.2 To the extent any information could be regarded as general information about financial products, it is general in nature and has been prepared without taking into account your objectives, financial situation or needs. You should consider whether it is appropriate for your circumstances and seek independent advice before acting on it.

4A. Engagements and payment

4A.1 Any professional services (including valuation engagements) are only provided under a separate written engagement letter agreed between you and us.

4A.2 We do not accept payments through the Site. If you engage us, fees and expenses will be invoiced to you and are payable in accordance with the terms set out in the engagement letter and invoice.

4A.3 Unless expressly stated in an engagement letter, no advice or deliverables are provided through the Site, and no client relationship is formed by accessing the Site or contacting us via the Site.

5. Your responsibilities

5.1 You must:

(a) provide accurate information when interacting with the Site;

(b) comply with all applicable laws;

(c) not introduce viruses, malware or other harmful code;

(d) not interfere with or disrupt the Site or related systems;

(e) not attempt to gain unauthorised access to any part of the Site;

(f) not use the Site to transmit spam or unsolicited communications; and

(g) not scrape, mine or harvest data except as permitted by these Terms or applicable law.

5.2 We may monitor use of the Site to maintain security and performance and may suspend or restrict access where we reasonably suspect misuse.

6. Intellectual property

6.1 Unless stated otherwise, the Site and all content on it are owned by us or our licensors and are protected by copyright, trade mark and other laws.

6.2 We grant you a non‑exclusive, revocable, non‑transferable licence to access and use the Site for your own personal or internal business purposes. You must not reproduce, distribute, adapt, sell, frame or create derivative works from the Site or its content without our prior written permission, except as permitted by law.

6.3 Trade marks, logos and service marks displayed on the Site are the property of us or third parties. No right or licence is granted to use them without consent.

7. Third‑party content and links

7.1 The Site may contain links to third‑party sites or display third‑party content. We do not control, endorse or assume responsibility for third‑party sites or content. Your use of them is at your own risk and subject to their terms and privacy policies.

8. Privacy and cookies

8.1 Our collection, use and disclosure of personal information is described in our Privacy Policy.

8.2 The Site may use cookies or similar technologies to operate, analyse and improve performance. By using the Site you consent to our use of cookies as described in our Privacy Policy.

9. Availability and accuracy

9.1 We use reasonable efforts to keep the Site available and accurate, but content may be incomplete, out of date or contain errors, and the Site may be unavailable or interrupted from time to time.

9.2 Tools and calculators are provided for illustrative purposes only. Outputs depend on inputs and assumptions you provide and should not be relied upon for decision‑making without independent verification.

10. Disclaimers

10.1 To the maximum extent permitted by law, the Site and all content are provided “as is” and “as available.” We make no express or implied warranties about the Site, including accuracy, completeness, timeliness, non‑infringement, merchantability or fitness for a particular purpose.

10.2 We do not warrant that the Site will be secure, free from viruses or uninterrupted.

11. Limitation of liability

11.1 There may be omissions or inaccuracies on this website or mobile application, and your ability to access this website or mobile application may, from time to time, be delayed and/or interrupted due to scheduled and/or unscheduled causes. This website and mobile application are provided on an “as is” and “as available” basis, without any warranty of any kind. Ares Capital Advisory makes no express, implied, or statutory representation or warranty regarding this website and mobile application. To the fullest extent permitted by law, Ares Capital Advisory specifically disclaims all representations or warranties as to the accuracy, completeness, timeliness, non-infringement, merchantability and fitness for a particular purpose of this website and mobile application, and all representations or warranties arising from custom or usage or by operation of law. Ares Capital Advisory accepts no responsibility for any errors or omissions in, or the consequence of relying or acting upon, information available through this website and mobile application or any third party site accessed through this website and mobile application. Any risk of viruses or other forms of electronic contamination remains, at all times, with the user of this website and mobile application. Ares Capital Advisory has no responsibility for any errors or omissions or the consequence of relying or acting on information available through this website and mobile application or any sites available through this website and mobile application. In no event will Ares Capital Advisory be liable for any claims for damages (including direct, indirect, consequential or special damages), even if advised of the possibility of such damages, arising out of your use of or reliance on this website and mobile application. Exclusion of certain losses. To the extent permitted by law, we exclude liability for any loss of profit, revenue, goodwill, or indirect or consequential loss. Liability (if any) will be proportionate to our responsibility.

12. Indemnity

12.1 You indemnify us and our officers, employees and agents against any loss, liability, damage, cost or expense (including reasonable legal costs) arising from your breach of these Terms or misuse of the Site.

13. Suspension and termination

13.1 We may suspend or terminate your access to the Site at any time if we reasonably believe you have breached these Terms, engaged in unlawful or improper conduct, or where necessary to protect the Site or other users.

13.2 On termination, your right to use the Site ends immediately, but sections that by their nature survive termination (including sections 6, 10–13 and 16–17) will continue to apply.

14. Feedback and user content

14.1 If you submit ideas, suggestions or other content to us ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty‑free licence to use, modify and commercialise the Feedback without restriction.

14.2 You must not upload or transmit any content that is unlawful, infringing, defamatory, obscene or otherwise objectionable.

15. Governing law

15.1 These Terms are governed by the laws in force in Victoria, Australia. You submit to the non‑exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

16. General

16.1 If any part of these Terms is held invalid or unenforceable, that part is severed and the remainder continues in force.

16.2 These Terms contain the entire agreement between you and us regarding the Site and supersede any prior agreements or representations relating to the Site.

16.3 You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition or sale of assets.

16.4 Headings are for convenience only and do not affect interpretation.

17. Contact us

If you have questions, concerns or complaints about the Site or these Terms, please contact:
Ares Capital Advisory (ABN 32 704 458 826)
Email: contact@arescapitaladvisory.com.au
Registered office: Caroline Springs 3023