The terms that govern your use of our website and engagement of our services.
These Terms and Conditions ("Terms") govern your use of the website located at westgrovecapitalpty.site ("Site") and your engagement of any services provided by Westgrove Capital Pty Ltd (ABN 88 697 616 307 / ACN 697 616 307) ("Westgrove Capital", "we", "us", or "our").
By accessing our Site, enquiring about our services, or entering into an advisory engagement, 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 Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (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:
Westgrove Capital provides investment management, corporate advisory, wealth strategy, project finance, family office, and risk and compliance services in Western Australia. The availability and scope of any service is confirmed through a written engagement letter or advisory agreement between Westgrove Capital and the Client.
Nothing on this Site constitutes personal financial advice, general financial advice, or an offer to provide financial services unless we hold the relevant Australian Financial Services Licence (AFSL) or are authorised to provide such services under an appropriate licence arrangement. Where our services require an AFSL, the relevant details will be provided in the engagement letter.
All information on this Site is general in nature and does not take into account your personal objectives, financial situation, or needs. You should consider whether the information is appropriate to your circumstances and seek independent professional advice before making any investment decision.
Our fees and payment terms are set out in the applicable engagement letter or advisory agreement provided to the Client. Unless otherwise agreed in writing:
All intellectual property rights in the content of the Site — including text, graphics, logos, trade marks, and software — are owned by or licensed to Westgrove Capital. Nothing in these Terms grants you any right to use our intellectual property other than as permitted herein.
Reports, models, strategies, and other materials produced for a Client in the course of an advisory engagement remain the property of Westgrove Capital until full payment is received, at which point the Client receives a limited, non-exclusive licence to use such materials for their intended purpose.
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 provided 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:
You agree to indemnify, defend, and hold harmless Westgrove Capital, 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, or that is independently developed or lawfully obtained from a third party.
Either party may terminate an advisory engagement by providing written notice as specified in the relevant engagement letter. 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 Westgrove 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 engagement letter or advisory agreement and our Privacy Policy, constitute the entire agreement between you and Westgrove 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: