The terms that govern your use of our website and our financial advisory services.
These Terms and Conditions ("Terms") govern your use of the website located at fitzigoldcapitalpty.site ("Site") and your engagement of any services provided by Fitzigold Capital Pty Ltd (ABN 88 697 007 613 / ACN 697 007 613) ("Fitzigold Capital", "we", "us", or "our").
By accessing our Site, contacting us, 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 Corporations Act 2001 (Cth), the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), the Privacy Act 1988 (Cth), and the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).
You may access and use the Site for lawful personal or business purposes in accordance with these Terms. You must not:
Fitzigold Capital Pty Ltd provides capital advisory, investment management, financial planning, risk and insurance structuring, corporate finance, and compliance and governance consulting services. The information on this Site is general in nature and does not constitute personal financial advice.
Before acting on any information or recommendations contained on this Site, you should consider whether the information is appropriate to your particular objectives, financial situation, and needs. We recommend you seek independent professional advice where appropriate.
Specific advice will only be provided pursuant to a written advisory agreement signed by both parties, following appropriate fact-finding and risk assessment.
To the extent that our engagement involves the provision of financial product advice, we will act in accordance with our obligations under the Corporations Act 2001 (Cth) and any applicable Australian Financial Services Licence (AFSL) requirements.
Where a financial service is provided that requires an AFSL holder, Fitzigold Capital will ensure that the service is delivered by or through an appropriately licensed entity. We will disclose the details of any such arrangement at the outset of any advisory engagement.
Past performance of any investment or financial product is not a reliable indicator of future performance. All projections, forecasts, and estimates contained on this Site or provided in our advisory engagements are illustrative only and subject to change.
All fees for advisory services are confirmed via a written fee proposal or advisory agreement prior to engagement. Fees may be structured as:
All intellectual property rights in the content of the Site — including text, graphics, logos, research, methodologies, and software — are owned by or licensed to Fitzigold Capital. Nothing in these Terms grants you any right to use our intellectual property other than as permitted herein.
You may not reproduce, distribute, or commercially exploit any research, reports, strategies, or methodologies provided during an advisory engagement 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 disclosed purpose, 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 8 and to the fullest extent permitted by law:
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 advisory 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 Fitzigold Capital 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 Fitzigold Capital 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: