Terms of Service

Last updated: December 2024

1. Acceptance of Terms

By accessing and using the Yellow Fin Asset Management website (the "Website"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Website.

These Terms apply to all visitors, users, and others who access or use the Website. By using the Website, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2. About Us

The Website is operated by Yellowfin Asset Management Pty Ltd (ABN to be inserted) ("Yellow Fin", "we", "us", or "our"), a company incorporated in Australia. Our registered office is located at:

Level 27, 25 Bligh Street
Sydney NSW 2000
Australia

3. Services

Yellow Fin provides institutional asset management services, including managed accounts, regulatory umbrella services, fund administration support, and brokerage services. Our services are provided exclusively to wholesale clients and sophisticated investors as defined under the Corporations Act 2001 (Cth).

The Website provides general information about our services and is not intended to constitute an offer or invitation to provide services to any person. Access to our services is subject to separate client agreements and applicable eligibility requirements.

4. Website Use

4.1 Permitted Use

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Website in any way that violates any applicable law or regulation
  • Use the Website to transmit any material that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable
  • Attempt to gain unauthorised access to any part of the Website, accounts, computer systems, or networks
  • Interfere with or disrupt the Website or servers or networks connected to the Website
  • Use any robot, spider, or other automatic device to monitor or copy the Website
  • Introduce any viruses, trojan horses, worms, or other malicious code

4.2 Account Registration

Some features of our services may require you to register for an account. You agree to provide accurate, current, and complete information and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

5. Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Yellow Fin, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.

6. Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

  • The Website will be uninterrupted, timely, secure, or error-free
  • The information obtained through the Website will be accurate or reliable
  • Any errors in the Website will be corrected

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YELLOW FIN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Website
  • Any conduct or content of any third party on the Website
  • Any content obtained from the Website
  • Unauthorised access, use, or alteration of your transmissions or content

8. Indemnification

You agree to defend, indemnify, and hold harmless Yellow Fin, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Website.

9. Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by Yellow Fin. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Yellow Fin shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such content, goods, or services.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, to resolve any dispute arising out of these Terms or the Website.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on the Website with an updated effective date. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.

12. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

13. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Yellow Fin.

14. Entire Agreement

These Terms constitute the entire agreement between you and Yellow Fin regarding your use of the Website and supersede all prior and contemporaneous written or oral agreements between you and Yellow Fin.

15. Contact Us

If you have any questions about these Terms, please contact us:

Yellowfin Asset Management Pty Ltd
Level 27, 25 Bligh Street
Sydney NSW 2000
Australia

Phone: +61 2 8277 6680
Email: legal@yellowfinam.com