Welcome to www.lyonscap.com.au (the "Site"). The Site is owned and operated by Lyons Australia Pty Ltd ACN 137 106 668
of Level 1, 68 -70 Dorcas Street, South Melbourne (collectively, "us", "we", "Lyons Capital" or "the Company"). The
term "you" refers to the person accessing or using the Site or our Services, or the company or organisation on whose
behalf that person accesses the Site or our Services.
Please read the following terms and conditions of use carefully before using the Site.
Acceptance of Terms
and services provided through or in connection with this Site (the "Services") provided through or in connection
with this Site.
- 1.3 By browsing, accessing or using the Site or by using any facilities or services made available through it or
by transacting through or on it, you acknowledge and warrant that you have read, understand and agree to be bound
do not agree to these Terms Use, you must immediately exit and not access or use this Site or the Services.
Use of the Site
- 2.1 The Site is for your personal, non-commercial use only. The Site Content is general in nature and has not
been prepared having regard to your objectives, financial situation or needs. The Site Content is provided to
you as a general guide only and must not be relied on by you or any other person as a substitute for appropriate
professional and other advice tailored to your specific circumstances.
- 2.2 Certain Site Content has been compiled from different sources linked to the Company, its officers, directors,
employees, agents and partners and is provided only as examples of the experience and skill capability of the
notice to you) by posting the changes on the Site. You are responsible for keeping up to date of any changes by
the current version displayed on this Site at the time you access or use this Site. Your continued use and access
of the Site after any changes are posted, will be deemed to constitute acceptance of the changes and new terms
Proprietary Rights in Site Content
- 4.1 The entire contents and design subsisting in, relating to or arising out this Site and available through the
Service including, but not limited to copyright, logos, trade marks, designs, text, graphics, images, video,
information, applications, software, music, sound and other files, and their selection and arrangement (the "Site
Content"), are the proprietary property of the Company, our content providers or its licensors with all rights
- 4.2 No Site Content may be modified, copied, distributed, communicated, framed, reproduced, republished, downloaded,
displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior
- 4.3 Provided that you are eligible to use the Site, you are granted a non-exclusive, non-transferable,
non-sublicensable, limited licence to access and use the Site and the Site Content and to download or print a
copy of any portion of the Site Content to which you have properly gained access solely for your personal,
non-commercial use, provided that you keep all copyright or other proprietary notices intact.
- 4.4 You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the
information in any other database or compilation, and any other use of the Site Content is strictly prohibited.
You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute,
licence, sub-licence, reverse engineer, or create derivative works based on the Site or its Materials or their
selection and arrangement, except as otherwise expressly authorised.
- 4.5 In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods
in connection with the Site. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose or to establish, operate or maintain your own
product or service offering without our express written consent. Any use of the Site or the Site Content other
than as specifically authorised, without the prior written permission of Company, is strictly prohibited and will
terminate the licence granted. Such unauthorised use may also violate applicable laws including without limitation
copyright and trademark laws and applicable communications regulations and statutes.
to intellectual property rights, whether by estoppel, implication or otherwise. This licence is revocable at any
time without notice and with or without cause.
Third Party Sites
- 6.1 Links to third-party Sites are provided on the Site for convenience only. By clicking on a third-party link,
you will leave the Site. Lyons Capital does not endorse nor support the content of third-party links, and cannot
guarantee the accuracy, completeness, or usefulness of any content expressed or made available by third parties,
nor its merchantability or fitness for any particular purpose.
- 6.2 Any opinions, advice, statements, services, offers, or other information or content expressed or made available
by third parties, including information providers, are those of the respective author(s) or distributor(s) and not
necessarily of Lyons Capital. It is your responsibility to evaluate the accuracy, completeness, or usefulness of
any information, opinion, advice, etc., or other content available through the Site.
Capital hereby expressly disclaims any representations regarding the content or accuracy of materials on such
- 7.1 The Site Content is for general use only. We do not accept any liability to any person for the information or
advice (or the use of such information or advice), which is provided on the Site or incorporated into it by
reference. The information on the Site is provided on the basis that all persons accessing the Site undertake
responsibility for assessing the relevance and accuracy of its content.
- 7.2 The Site Content is not to be displayed, except in full screen format. No liability is accepted for any
information or services, which may appear in any other format. No responsibility is taken for any information or
services, which may appear on any linked Sites.
Limitation of Liability
- 8.1 Certain statutory warranties under consumer protection laws will be implied for your benefit. Nothing in
give any guarantee or warranties or make any representation of any kind, express or implied, with respect to
the goods or outside these laws.
- 8.2 Subject to claims available under consumer protection laws, neither Lyons Capital nor its related bodies
corporate (as that term is defined in the Corporations Act 2001) is not liable:
- 8.2.1 to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage
(including any form of consequential loss such as any third party loss, loss of profits, loss of revenue,
loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however
caused and which is suffered directly or indirectly in connection with use of this Site or Services provided
- 8.2.2 any failure or interruption of the Site or resulting from the act or omission of any other party involved
in making the Site or the information made available to you, or from any other cause relating to your access to
or your inability to access the Site or that information, whether or not the circumstances giving rise to such
cause may have been within our control or the control of any vendor providing software or services support to
- 8.2.3 to you or anyone else if interference with or damage to your computer systems occurs in connection with use
of this Site or an external Site. You must take your own precautions to ensure that whatever you select for use
from this Site is free of viruses or anything else that may interfere with or damage the operation of your
Australian Consumer Warranties
- 9.1 If this Agreement constitutes a supply of goods or services to a consumer to which the Australian Consumer
Law ("ACL") applies, nothing contained in this Agreement excludes, restricts or modifies any condition, guarantee,
warranty, right or remedy pursuant to which the ACL confers on you which may not be lawfully excluded (or the
liability of any of our affiliates) with respect of the supply of any goods or services not ordinarily acquired
for personal, domestic or household use or consumption.
- 9.2 The liability of Lyons Capital for such claim and any breach of this Agreement will be limited, as Lyons
Capital may elect in our sole discretion, in the case of services supplied or offered by us, to either the
supplying of the services again or the payment of the cost of having the services supplied again.
- 9.3 To the fullest extent permitted by law, we are not liable for any indirect, consequential or special loss or
You agree to indemnify, defend and hold harmless us and our related bodies corporate (as that term is defined
in the Corporations Act 2001) from and against all losses, expenses, damages and costs (including reasonable
solicitor's fees) or liability incurred or suffered by you or by Lyons Capital arising from any claim, demand,
suit, action or proceeding by any person against you or Lyons Capital where such loss or liability arose out of,
Third Party Rights
The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and
the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors,
suppliers and our related bodies corporate (as that term is defined in the Corporations Act 2001). Each of these
individuals or entities shall have the right to assert and enforce those provisions directly against you on its
Viruses and/or Bugs
We use our best endeavours to minimise viruses and bugs from infiltrating the Site, however due to the nature
of the internet the Site may be affected by viruses or bugs from time to time. We accept no responsibility for
any damage or loss whatsoever which may be caused in relation to same.
Termination by Lyons Capital
be terminated, modified, restricted, prevented or withdrawn at any time by the Company without notice. All
licences granted by you and all disclaimers and limitations of liability by the Company will survive termination,
however, you will no longer be authorised to access the Site.
- Advertisers and sponsors of the Site and/or its e-newsletters have no influence on editorial content or
and not of partnership, joint venture or principal and agent. We will send any legal notices or communications
regarding your service account to your nominated email address.
clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable.
If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these
Welcome to www.lyonscap.com.au (the "Site"). The Site is owned and operated by Lyons Australia Pty Ltd
ACN 137 106 668 of Level 1, 68 -70 Dorcas Street, South Melbourne (collectively, "us", "we", "Lyons Capital" or
We know that your privacy is important to you, so your privacy as you use our Site is very important to us.
to protect it. We will comply with the Privacy Act 1988 (Cth) in relation to any personal information you provide.
using any facilities or services made available through it or by transacting through or on it, you acknowledge and
or access the Site.
continued use and access of the Site after any changes are posted, will be deemed to constitute acceptance of
Personally Identifiable Information
- 2.1 By using the Site, the Company may collect personal information i.e. information or opinion about an
individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion
(the "Personally Identifiable Information”).
- 2.2 Lyons Capital only collects Personally Identifiable Information to the extent necessary for one or
more of Lyons Capital's functions or activities.
registering with or disclosing any Personally Identifiable Information to Lyons Capital. If you are
requested to provide Personally Identifiable Information and you do not do so, Lyons Capital may not
be able to provide you with access to and use of the Site Content and the Services, or Lyons Capital's
other products and services.
How we use collected information
- 3.1 Lyons Capital may use and you are deemed to consent to Lyons Capital using, your Personally Identifiable
- 3.1.1 for the purposes for which it is collected and for any related purposes, including: (a) to provide
and improve this Site, the Site Content and the Services to you; (b) to manage Lyons Capital's
relationship with you; and (c) to obtain professional, financial, technical, administrative, advertising
or other advice and services in connection with the operation of Lyons Capital’s business;
- 3.1.2 for direct marketing, including to provide you with information about this Site, the Site
Content and the Services, and Lyons Capital’s other products and services;
- 3.1.3 to provide you with information about products and services available from third parties including
potential partners, investors, and advertisers;
- 3.1.4 to investigate, prevent or take action regarding any breach or suspected breach by you of the
- 3.1.5 as required or authorised by or under law, and for any other purpose to which you subsequently
consent from time to time.
Disclosure of Personally Identifiable Information
- 4.1 There are only a number of limited circumstances where we may share some or all of your Personally
Identifiable Information about you which Lyons Capital holds to third parties.
- 4.2 Lyons Capital may disclose and you are deemed to consent to Lyons Capital disclosing, your Personally
- 4.2.1 for the purposes for which it is collected and for any related purposes, including: (a) to any
person where necessary or desirable in connection with the provision of this Site, the Site Content
and the Services to you; (b) to any person where necessary or desirable in connection with the
management of Lyons Capital’s relationship with you; and (c) to Lyons Capital’s external advisors,
service providers, subcontractors and suppliers, so that they can provide professional, financial,
technical, postal, administrative, telemarketing, research, advertising or other advice and services
in connection with the operation of Lyons Capital’s business;
- 4.2.2 to its affiliated entities for the purpose of such affiliated entities contacting you about their
products and services;
- 4.2.3 to any person where necessary or desirable in connection with Lyons Capital investigating,
or any law; and
- 4.2.4 to any person as required or authorised by or under law, and to any other person to which
you subsequently consent from time to time. If we are asked by subpoena or other legal means to
disclose any of your Personally Identifiable Information we will, if permitted by law, attempt
to notify you via the e-mail address you supplied during registration at least 10 days before we
respond to the request.
- 4.3 Lyons Capital will only provide third parties with the information necessary to perform their
functions, and will not allow them to use that information for any other purposes. We require that the
third party respect your privacy and not disclose your information to other organisations without your
and privacy policies. We may reveal user information if we believe that a user is harming or interfering
with other users of the Site, anyone else, or violating (either intentionally or unintentionally) our
- 4.4 We specifically disclaim any responsibility or liability for the actions of any third party. While we
inform them that they are only permitted to communicate with you for the purposes of the specific promotion
with Lyons Capital, we do not have any responsibility for the actions of the any third party, and the
actions of the third party are not in our control.
Transfer in Certain Circumstances
If there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or
liquidation or the Company then, in our sole discretion, we may transfer, sell or assign information collected
on and through this Site (including, without limitation, Personally Identifiable Information and other data,
information and rights that Lyons Capital has collected from you), to one or more relevant third parties. Lyons
Capital will not be required to obtain your prior consent or approval or to notify you of such a transfer.
In order to maintain and improve the Site, we gather some statistical data when you visit the Site. The exact
information we collect may vary, but can include the date and time of an access to our site, the Internet
Protocol address of a computer requesting a page, the pages requested, and computer and connection information
such as browser type and operating system. We do not associate this statistical information with your Personally
Identifiable Information. In addition, if you respond to a poll or a research questionnaire, we will aggregate
your responses with those of other the Site users but we do not associate your response with any personally
We have put in place a number of industry standard security measures to make sure your data is safe from loss,
misuse, or alteration. These include industry standard encryption, firewall and other data security practices.
Our employees and contractors may be given access to member data and if so, only on a password-protected basis.
It is our employment policy that this information is to be treated with the utmost confidentiality, and any
misuse of this information is grounds for disciplinary action, including termination.
Like many websites, we may use "cookies", which are stored on your computer and contain small amounts of
information sent by the Site to your computer and read by the Site when you visit the different pages of
the Site. When you revisit this Site, the cookie will enable Lyons Capital to recognise you as a previous
Like many websites, the Site may also use "web beacons", also known as pixel tags, spotlight tags or web bugs,
to improve our understanding of site traffic, visitor behavior, and response to promotional campaigns, as a
supplement to our server logs and other methods of traffic and response measurement. We may also implement pixel
tags provided by other companies, for the same purpose. Information collected through the use of activity tags
on our site is never linked to any personally identifiable information.