Terms, Conditions, & Disclaimers

It is important that you read the following information about the content of the SKYLARK™ Invest website (the Site) and its related entities. The information on the Site has been prepared by Lanleigh® Capital Pty Ltd (ABN 19 604 537 260). The information applies to the following related entities (collectively, Lanleigh) and investment products produced by them:

Lanleigh® Capital Pty Ltd, ABN 19 604 537 260 (Lanleigh Capital or the Investment Manager)
Lanleigh® Prudential Pty Ltd, ACN 620 864 682 (Lanleigh Prudential or the Trustee)
Any SKYLARK™ Funds such as the SKYLARK™ S&P500 Futures Fund (the SKYLARK Fund or Funds)

​

This Disclaimer details yours and Lanleigh’s rights and responsibilities pertaining to your access and use of the Site.

​

FOREWORD

​

Use of this website is subject to the various conditions, which are expressly accepted and agreed to by the user, in part consideration of the provision of the website, as evidenced by the use by the user of this website. If these conditions are not acceptable, you should cease use of the website immediately.

​

Neither Lanleigh, nor their directors, officers, employees, agents, advisers, or representatives (referred to collectively as the Beneficiaries) makes any representation or warranty, express or implied, as to the accuracy, reliability or completeness of the information contained in this website. This includes, without limitations, any historical financial information, forward looking statements, estimates and projections, and any other financial information derived therefrom. Nothing contained in this website is or shall be relied upon by the user or any other person, as a promise or representation, whether as to the past or the future.

​

Except insofar as liability under any law cannot be excluded, the Beneficiaries shall have no responsibility arising in respect of the information contained in this website or in any other way for errors or omissions (including responsibility to any persons by reason of negligence). The Beneficiaries do not warrant or represent the accuracy, completeness or currency of, or accept any responsibility for errors or omission in any information contained in or omitted from this website, and disclaim and exclude all liability (to the maximum extent permitted by law) for all losses and claims arising anywhere out of or in connection with any information contained in or omitted from this website, including by reason of reliance by any person on such information. None of the Beneficiaries take responsibility for any information, statement or representation contained in this website or any omission from it.

This is a binding legal agreement between you and Lanleigh governing your access and use of the Site, which includes any information, data, tools, products, services and other material available on or throughout the Site. It grants you certain rights and imposes certain obligations on you regarding your access and use of the Site. Your access to the Site is conditional upon your acceptance and compliance with the terms, conditions and disclaimers herein. Your use of, and/or access to the Site constitutes your agreement to having read and accepted these terms and conditions and the restrictions governing the access and use of the Site. Your access and use of the Site automatically constitutes an acceptance of this disclaimer in its entirety. You should read this disclaimer carefully and only access and use the Site if you understand, agree with, and accept its terms. If you do not agree to all of these terms and conditions, you should not access and use the Site. In using the Site, it is considered by Lanleigh that you are intentionally soliciting information from it. If you do not agree to be bound by the agreement, you may not access or use the Site.

Lanleigh reserves the right to modify, add to, or remove from the Site and/or these terms and conditions which govern its access and usage at any time and at its own discretion. If you have read, understood and accepted the terms and conditions of the agreement in their entirety, and agree to be bound by them, you may proceed to access and use the Site. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue accessing and using the Site.

​

​

SUITABILITY

All information in the Site is only intended to be reviewed by Sophisticated, Wholesale, or Professional investors as defined by the Corporations Act of Australia (Cth) or their employees, officers or directors in that capacity (not in a personal capacity). Institutional investors or other persons whom Lanleigh has identified is a permitted person may also review the content. Generally, Lanleigh will only conduct investment activities with someone in receipt of information from the Site once it has first obtained sufficient information to verify that that person is a qualified investor.

​

INFORMATION. NOT OFFER, NOR ADVICE

The information throughout the Site is provided to users of the Site as a matter of interest only. It does not amount to a recommendation either expressly or by implication with respect to any investment in the Funds. This Site does not constitute tax, investment, or financial advice and does not consider any personal objectives, circumstances, or financial needs of any particular investor. You should obtain your own (external and independent) financial advice when considering an investment in the Funds. An investment in the Funds automatically constitutes acknowledgement and understanding from you that neither the Manager nor the Trustee (nor any of their directors or associates) is or was ever expected or obligated to provide financial or other advice or recommendation to you at any point in time, before, during, or after the entire duration of your investment. Furthermore, that neither the Manager nor the Trustee (nor any of their directors or associates) is or was expected or required to be qualified to provide any such advice or recommendation, and that no unqualified financial or other advice or recommendation has ever been (or was ever intended to be) provided to you, express or implied.

The material set out in the Site does not constitute financial product advice nor does it constitute the offer of a financial service, and is provided for information purposes only. Lanleigh does not provide any financial or investment advice. It only provides information pertaining to its organisations and its Fund offerings. The information on the Site has been prepared without considering any investor’s objectives, financial situation or needs. This information is general and does not consider any of your personal circumstances nor seek to make a personal recommendation to you. It is up to you to make your own personal appraisals based on the information we provide and to seek external advice from a qualified licensed adviser to assist you in making any relevant decisions. We suggest you seek such professional financial advice prior to investing.

The Site does not allow visitors to make investments in the Fund. The Site does not contain an offer or invitation to invest in any financial product. Nothing on the Site should be construed as a solicitation, offer or invitation, or recommendation, to acquire or dispose of any investment or to engage in any other transaction. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. We do not give any advice nor make any representations through the Site as to whether any security or investment is suitable to you or will be profitable. Nothing contained on any part of the Site constitutes investment, legal, tax or other advice nor is it to be relied upon in making an investment or other decision. You should obtain relevant and specific professional advice and check the accuracy of all relevant information before making any investment decision. The information and opinions contained on the Site are provided without any express or implied warranty.

The information on the Site (including any commentary) has been prepared based on information believed to be accurate as of the date of publication and the views of Lanleigh. Assumptions and estimates may have been made which may prove not to be accurate. Lanleigh undertakes no responsibility to correct any such inaccuracy. Subsequent changes in circumstances may occur at any time and may impact the accuracy of the information. To the full extent permitted by law, neither Lanleigh nor its related entities makes any warranty as to the accuracy or completeness of the information on the Site (or the views expressed) and disclaims all liability that may arise due to any information contained in this document being inaccurate, unreliable or incomplete.

The content and material of the Site is current only on the day it is placed on the Site and is subject to change without notice. Lanleigh makes no assurance that the content is current at the time of your accessing or using it, nor that it will be updated immediately.

​

​

FUND CONSIDERATIONS AND APPLICATIONS

The material contained in the Site details Lanleigh Capital’s activities as an investment manager and the Funds which Lanleigh currently provides investment management services to. The Fund is an unregistered Australian unit trust. Generally, you should only access and use the Site if you are a Sophisticated, Wholesale, or Professional investor as defined by the Corporations Act 2001(Cth) of Australia. The Site is not intended to be accessed by Retail or otherwise defined persons.

The Site does not allow visitors to make investments in the Fund. Applications must be made by completing the form of application referred to in and attached to a copy of the Fund Information Memorandum. The Information Memorandum is only made available to qualified investors who have registered an interest to receive a copy from Lanleigh. Applicants who have received a copy of the Information Memorandum from Lanleigh should ensure that they read it in full prior to lodging any application. Lanleigh makes no guarantees it will achieve objective returns stated in the Site or the Memorandum and is not responsible for any losses sustained by its clients due to changes in financial markets, economies or government legislation, or any other such circumstances. Lanleigh can accept no responsibility for events beyond its direct control.

​

​

JURISDICTION

The information provided on the Site is not, and should not be construed as, being mainly directed at, or provided for the benefit of, residents of any particular jurisdiction. While the Lanleigh Capital Site has been created for the use of Australian and international residents, any currency references located within the Site are in Australian dollars.

Access to the Site and any information on the Site (including without limitation information relating to any Fund) is not directed at any person in any jurisdiction where (because of that person's nationality, residence or otherwise) it is prohibited to access the Site or direct such information for any reason. If you are a person in a jurisdiction in which such prohibitions apply you must not access the Site. If you are a person located in any jurisdiction where there are restrictions on the type of person who may access information relating to unregistered Funds then, by access and usage of the Site, you will be undertaking, warranting and representing to Lanleigh that you are not causing Lanleigh to breach any of those restrictions by your accessing of those parts of the Site.

​

​

INVESTMENT PERFORMANCE INFORMATION & ACCURACY OF INFORMATION

The Site contains information and material about the past performance of Funds. The past performance of the Funds is not a reliable indicator of future performance.

The value of an investment in a Fund may go up or down so that an investor's investment in a Fund, when redeemed, may be more or less than the original investment amount. By its nature, investment in a Fund managed by Lanleigh is only suitable for qualified investors who do not require immediate liquidity for their investment and who fully understand and are willing to assume the level of risk involved in the investment programme of the Fund. While Lanleigh makes reasonable efforts to obtain information from sources that it believes to be reliable, Lanleigh makes no representation, undertaking or warranty that the information or opinions contained in the Site are accurate, reliable or complete. Dated content available on the Site, including, without limitation, any information, data, tools, products, services and other content available on or through the Site speaks only as of the date indicated. The past performance of any investment, investment strategy or investment style is not reliably indicative of future performance.

It is the sole responsibility of the individual investor to conduct an independent assessment and appraisal of their own future expectations based on the information contained in the Site and the Fund Information Memorandum. Lanleigh does not guarantee investment performance or distributions, and the value of your investment may rise or fall. Investors are encouraged to have an adequate investment timeframe to allow Lanleigh sufficient opportunity for realising a rate of return on their investment.

Lanleigh makes no guarantees it will achieve objective returns stated in the Site or Fund Information Memorandum and is not responsible for any losses sustained by its clients due to changes in financial markets, economies or government legislation, or for any other such reason. Lanleigh can accept no responsibility for events beyond its direct control. Before making an investment decision, you must qualify then carefully read, understand, and consider the Fund Information Memorandum in its entirety including the possible risk factors associated with investment. Qualified investors should obtain their own external financial and investment advice from a licensed professional adviser, considering their own investment needs and financial circumstances before making any decision to invest.

​

​

EXTERNAL LINKS

The Site may contain links to Sites offered by third parties. These linked Sites are not under the control of Lanleigh, and neither Lanleigh nor any related entity makes any representations as to the contents of any third party. All external links located within the Site are for reference only. Lanleigh does not recommend nor endorse the company, product or service associated with any external link.

Links to external Sites are provided as an information service only and should not be construed as an endorsement of any associated organisation, product, or service. Conversely, omissions should not be construed as non-endorsement. Although care has been taken to provide links to suitable material from the Site, no guarantee can be given about the timeliness, suitability, completeness, or accuracy of any of the material that the Site may be linked to or other material on the internet. Lanleigh cannot accept any responsibility for the content of material that may be encountered. Further, Lanleigh cannot accept any liability if other sites referred to in the Site are not available at any particular time.

​

​

GENERAL WARRANTIES & LIABILITIES

Whilst due care has been taken in the compilation of the Site, and we believe that the information contained herein is based on reliable, complete, accurate, current, and relevant information, we do not guarantee the accuracy, completeness, reliability, timeliness, nor relevance of the content contained on the Site. Neither Lanleigh, its affiliates, agents, directors, nor officers accept responsibility for any errors and omissions which may subsequently be found evident in the Site. The Site is provided "as is" and your access and use of it is at your own risk. To the extent permitted by law and unless otherwise specifically set out in this agreement, we make no warranties, representations or undertakings in respect of these properties. Lanleigh is not responsible for any errors or omissions or for the results obtained from the use of information (or any type of content) on the Site, and all warranties representations, undertakings, or other terms or any kind, whether express or implied by statute, custom or usage (including without limitation, warranties as to satisfactory quality, fitness for purpose or skill and care) relating to the Site and the information contained in or omitted from the Site are excluded.

To the fullest extent permitted by law, Lanleigh (and its affiliates, agents, directors, and officers) excludes all liability whether in contract, tort, negligence, misrepresentation, strict liability, or otherwise for any direct or indirect (including without limitation any punitive, incidental, special, or otherwise) loss or damage caused, directly or indirectly, by your use of the Site or the information contained on the Site or provided to you pursuant to your use of the Site, even if Lanleigh (or its affiliates, agents, directors, and officers) has been advised of the possibility of damages.

Lanleigh (and its affiliates, agents, directors, and officers) do not warrant that it nor the Site will be uninterrupted or error-free. The user specifically acknowledges that Lanleigh is not liable for the defamatory, offensive or illegal conduct of other users or their parties and that the risk of injury from the foregoing rests entirely with the user.

Lanleigh (and its affiliates, agents, directors, and officers) hereby disclaim all warranties and conditions regarding the information, software, products, services and related graphics on the Site, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Notwithstanding any other term of this agreement, nothing in this agreement is intended to or does exclude or restrict Lanleigh’s liability to you for the tort of deceit, or for personal injury or death caused by Lanleigh’s negligence or for any other liability which cannot be excluded or limited by law.

Nothing in this agreement will affect any duty, obligation or liability owed by Lanleigh under the regulatory system (as defined in the Australian Corporations Act 2001) which cannot be excluded or modified by agreement or notice.

You shall be liable to Lanleigh for any loss, liability or cost that Lanleigh (or any of its affiliates) suffers because of your use of the Site or any breach of this agreement, and any warranties, representations or undertakings made, by you. You agree to indemnify, defend and hold harmless Lanleigh and its affiliates, agents, employees and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that arise from or relate to: (a) your use of the Site; (b) your breach of this agreement or any representation, warranty or covenant made by you in this agreement; (c) your violation of any applicable law, statute, ordinance, regulation or of any third party's rights, or (d) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this agreement.

​

​

SITE AVAILABILITY, USAGE, & HEALTH

​

Specifically, but without limitation, we do not warrant that you will be able to access or use the Site, nor that it will continue to be made available in its current or any other form at the current domain name or at any other domain name. We do not warrant that the Site or any software, information or material of whatsoever nature available on or downloaded from the Site will be free from errors, faults, viruses, other computer or-data corrupting or data-damaging material or defects, compatible with your equipment or fit for any purpose. It is your responsibility to use suitable anti-virus software on any software or other information or material that you may download from the Site and to ensure the compatibility of such software or material with your equipment. Although due care has been taken to minimise the risk, we do not guarantee that the material on the Site is free from viruses or any other defects.

In no circumstance shall Lanleigh (or any of its affiliates, agents, directors, or officers) be liable for any direct, indirect, incidental, special or consequential loss or damages (including, without limitation loss of profit, business opportunity, loss of goodwill, anticipated savings or data) arising from: (i) your inability to use the Site at any time or any error in the provision of the Site; (ii) unauthorised access to or alteration of the Site or any information or data transmitted in relation to the Site; (iii) any error, fault, computer virus or other computer or data-corrupting or data-damaging material transmitted through the Site; (iv) third party services outside Lanleigh’s reasonable control (including, but not limited to, telephone and browser services and your use of email communications to contact or instruct us, and any delay in our receipt or confirmation of such a communication, any interception of or changes to such a communication and any reasonable delay in acting on such a communication), whether such services are used by you to access the Site or otherwise; (v) your use of and/or reliance on other Sites to which you have gained access by means of hyperlinks published on the Site; or (vi) any inaccurate information, material or opinions published on the Site (or accessed via the Site) or your reliance thereon. For the avoidance of doubt this provision shall apply whether or not the relevant loss or damage arises because of Lanleigh’s negligence or in contract, tort, misrepresentation or otherwise.

Lanleigh’s liability is limited even if it has been advised of the possibility of the damages that you suffer or if any remedy you have fails of its essential purpose. This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of any asset, whether for breach of contract, tortious behaviour, negligence or under any other cause of action. We cannot guarantee that any information displayed on the Site has not been changed or modified through malicious attacks or "hacking". Lanleigh is not responsible for any technical problems you may experience with the Site. You are responsible for the security of any data which you transfer to or from the Site.

​

​

COPYRIGHT

The material in the Site is copyright and remains the property of Lanleigh. All contents of the Site are: Copyright 2023 by Lanleigh Capital Pty Ltd and/or its suppliers. All rights reserved. Lanleigh grants you permission to reproduce any material on the Site strictly for your own individual, circumstantial, and non-commercial use only. You must not do anything to modify or add to content of the Site. In any case, any copied material from the Site will retain all copyright or other proprietary notices and any disclaimers. The user acknowledges that Lanleigh and the names of Lanleigh’s products and devices are the intellectual property of Lanleigh.

TRADEMARKS

​

The names of actual companies, algorithms, logos and other elements, products, devices, trading systems, investment systems, and so forth mentioned throughout the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. Any stipulated names of companies, algorithms, logos and other elements, products, devices, trading systems, investment systems, and so forth pertaining to SKYLARK™ or Lanleigh®, are the trademarks of Lanleigh.

​

​

USER CONDUCT

​

You make certain representations and warranties regarding your use of the Site. You agree not to use the Site in any way that will violate or infringe any laws or regulations of any jurisdiction or the rights of any person. You represent and warrant that you have full authority and all rights necessary to enter into and fully perform all your obligations pursuant to this agreement. You also represent and warrant that you have not and will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this agreement. You also represent and warrant that you will not delete any of the content available on the Site, including, without limitation, any information, data, tools, products, services and other content available on or through the Site.