The terms that govern your use of our website and your engagement of our advisory services.
These Terms and Conditions ("Terms") govern your use of the website located at hcsywinvestmentspty.site ("Site") and your engagement of any services provided by HCS & Yw Investments Pty Ltd (ABN 83 690 516 682 / ACN 690 516 682) ("HCS & Yw Investments", "we", "us", or "our").
By accessing our Site or engaging our services, you ("you" or "Client") agree to be bound by these Terms. If you do not agree, please do not use our Site or engage our services.
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, including but not limited to the Competition and Consumer Act 2010 (Cth) (incorporating the Australian Consumer Law), the Corporations Act 2001 (Cth), and the Privacy Act 1988 (Cth).
You may access and use the Site for lawful personal or business purposes in accordance with these Terms. You must not:
HCS & Yw Investments provides investment strategy, property advisory, wealth planning, business advisory, risk management, and ESG investing services. Our advisory services are general in nature and do not constitute personal financial advice unless a specific advisory agreement is in place that includes a Statement of Advice (SOA) as required under the Corporations Act 2001 (Cth).
Information on this Site is provided for general informational purposes only and does not take into account your personal objectives, financial situation, or needs. You should consider whether the information is appropriate for your circumstances and seek independent professional advice before making any investment decision.
Nothing on this Site constitutes financial product advice, legal advice, or tax advice.
Our advisory fees are confirmed via a written service agreement or fee disclosure statement issued to approved clients. Fees vary according to the scope and complexity of the engagement.
All intellectual property rights in the content of the Site — including text, graphics, logos, research, investment models, and software — are owned by or licensed to HCS & Yw Investments. Nothing in these Terms grants you any right to use our intellectual property other than as permitted herein.
You may not reproduce, distribute, modify, or create derivative works from any content on this Site without our prior written consent.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (ACL) (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded or limited.
Where our services are supplied to a consumer under the ACL, you may have consumer guarantees including that services are rendered with due care and skill, are fit for the purpose for which they are commonly acquired, and are supplied within a reasonable time.
To the extent permitted by law, our liability for a breach of a non-excludable consumer guarantee is limited (at our election) to:
Subject to clause 7 and to the fullest extent permitted by law:
Investment involves risk. Past performance is not a reliable indicator of future performance. The value of investments and the income derived from them can go down as well as up, and investors may not get back the amount originally invested.
HCS & Yw Investments does not guarantee the performance of any investment, the return of capital, or any particular rate of return. You should be aware that all investment decisions involve a degree of risk and you should only invest money you can afford to lose.
You agree to indemnify, defend, and hold harmless HCS & Yw Investments, its directors, officers, employees, and agents from any claims, losses, damages, costs, or expenses (including reasonable legal fees) arising from:
Each party agrees to keep confidential all non-public information received from the other party in connection with an advisory engagement, and to use such information only for the purposes of that engagement. This obligation survives termination for a period of 3 years and does not apply to information that is or becomes publicly known other than through breach of this clause.
Either party may terminate an advisory engagement by providing written notice as specified in the relevant service agreement. Upon termination:
We reserve the right to suspend or terminate access to the Site at any time without notice.
In the event of a dispute, the parties agree to:
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.
Your personal information is handled in accordance with our Privacy Policy, which forms part of these Terms. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
We may update these Terms at any time by publishing the revised version on our Site. The revised Terms will be effective from the date of publication. Continued use of the Site or engagement of our services after changes are published constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
Failure by HCS & Yw Investments to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any written advisory agreement and our Privacy Policy, constitute the entire agreement between you and HCS & Yw Investments with respect to your use of the Site and engagement of our services, superseding all prior agreements, representations, and understandings.
These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia (and any relevant appellate courts) for the resolution of any disputes arising under or in connection with these Terms.
For any questions regarding these Terms, please contact: