These terms and conditions (Terms) apply to your use of the Oterra Website.
To the extent permitted by law, you expressly understand and agree that except as otherwise set out in these Terms, the Oterra Website is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that the Oterra Website will:
Although considerable effort is expended to make the Oterra Website and any other operating communication channels available at all times, no warranty is given that these channels will be available and error free every minute of every day.
You acknowledge and agree that we are not responsible for temporary interruptions in service due to failure beyond our control including, but not limited to, the failure of interconnecting operating systems, computer viruses, and forces of nature, labour disputes, pandemics and armed conflicts.
These Terms will apply to the maximum extent permitted by applicable law but nothing in these Terms is intended to affect your statutory rights.
From time to time, we may offer new features or tools with which you may experiment and or trial with, on the Oterra Website. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion.
By entering into these Terms, and accessing the Oterra Website, you represent and warrant that you will use the Oterra Website in accordance with these Terms.
To the maximum extent permitted by law, our liability to you for all claims arising out of or in connection with these Terms shall not exceed the total amount payable in respect of your active investments with Oterra at any given time, regardless of whether the liability arises under any breach of contract, tort (including negligence), statute, equity, contract or any other cause of action.
Neither you nor us are liable to the other for any consequential or indirect loss including, but not limited to, loss of profit, lost opportunity cost, or loss of enjoyment.
We will collect, store, use and disclose your personal information in accordance with our Privacy Policy.We may change the Privacy Policy from time to time by publishing an updated version on the Oterra Website.
You acknowledge and agree that the Oterra Website contains proprietary and confidential information that is protected by law and owned by Oterra.
Except as expressly authorised by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Oterra Website, in whole or in part.
You agree not to modify the Oterra Website in any manner or form, or to use modified versions of the Oterra Website, including (without limitation) for the purpose of obtaining unauthorised access to the Oterra Website.
We may use your preferred method of contact to send you messages notifying you of important changes to the Oterra Website or special offers. If you do not want to receive notifications about our special offers, please refer to our Privacy Policy to review your options.
We reserve the right to modify, update or otherwise alter these Terms.
If you have any inquiries about any other matter relating to the Oterra Website, please contact us at: alan.poole@oterra.com.au or by logging a query via our Website.
If you wish to make a complaint, please contact alan.poole@oterra.com.au). We will acknowledge receipt of your complaint and attempt to resolve it within 14 days.
These Terms are governed by the law in force in the State of NSW. The parties submit to the non-exclusive jurisdiction of the courts of that place.
Any failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect.
In the website main body of text, unless the context indicates otherwise:
Available Investment Amount in respect of an Investment Opportunity means the total sum of the outstanding Unit value that is offered under the applicable Supplementary IM but not yet subscribed at the date of posting .
Corporations Act means the Corporations Act 2001 (Cth).
Disclaimers means the disclaimers and warnings published on our Website.
Force Majeure Event means an event or circumstance beyond the reasonable control of any party (including a natural event or disaster, pandemic, act of war, revolution, strikes, lockouts and acts of government) which makes it impossible, impracticable or illegal for a party to perform its obligations.
Investment Opportunity means loans that are promoted by Oterra.
Loan means the loan that is specified in the applicable Supplementary IM.
Loan Security means the secured assets as detailed in the applicable Supplementary IM which are held by the trustee for the trust in which the unitholders participate.
Maturity Date means the date the loan term expires as specified in the applicable Supplementary IM, subject to any deferment or early redemption permitted under the Supplementary IM.
Minimum Investment means such amount listed in the applicable Supplementary IM as the minimum investment amount for Units
Trustee means Oterra Capital Pty Ltd ACN 674 834 381
Privacy Policy means the Oterra privacy policy accessible at www.oterra.com.au>.
Remaining Term means the period of time remaining before the Maturity Date of a Loan.
Oterra means Oterra Capital Management Pty Ltd ACN.677 964 788
Oterra Website means Oterra’s online presence
SMSF means a self-managed superannuation fund.
Sophisticated Investor has the meaning in section 708 of the Corporations Act.
Sub IM or Supplementary IM means a Supplementary Information Memorandum issued by Oterra Capital as trustee for any of the Oterra Capital Funds, or otherwise known as “the Trust” in relation to a specific loan opportunity
Terms means this agreement, together with any other documents incorporated by reference, including the Privacy Policy.
IM means the Information Memorandum issued by Oterra Capital as trustee for the Oterra Fund, the Trust, that applies to any offer for subscription for units.
Website means Oterra’s website accessible from this link www.oterra.com.au
Wholesale Client has the meaning in section 761G of the Corporations Act.