THIS WEBSITE IS OPERATED BY THE RAMSAY HEALTH CARE LIMITED GROUP (“RAMSAY”, “US”, “WE”, “OUR”). THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) WILL GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE. BY ACCESSING AND USING THE INFORMATION MADE AVAILABLE TO YOU ON THE DEBT INVESTOR WEBPAGES, YOU AGREE TO COMPLY WITH THE FOLLOWING TERMS. IF YOU AGREE TO ACCEPT THESE TERMS, SELECT "YES" ABOVE. IF YOU SELECT "NO" YOU WILL NOT BE ABLE TO ENTER THIS WEBPAGE.
1. Use of this Website
1.1 All material on this website and the webpages accessed through this website (together, the "Website") is provided to you on an ‘as-is’ basis and of a general nature only. Nothing in the Website constitutes any financial, investment, tax, accounting or legal recommendations or advice and has been prepared without having regard to the specific needs, financial situation, investment objective or other personal circumstances of any person. Neither we nor any other Ramsay Person (as defined below) makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information on the Website (including all information, tools and materials contained on the Website), and expressly do not undertake to update it. In particular, you acknowledge that the information on the Website has been prepared as of the date indicated in it and has not been updated since that time.
The information on the Website does not purport to be complete or current and is not intended to form the basis of any investment decision. It has been prepared for use only by persons who are skilled and experienced in making investment decisions in relation to the securities referred to therein, and to whom offers of such securities may be made without any requirement for disclosure to investors for the purposes of the Corporations Act 2001 of Australia (“Corporations Act”) or the laws of any other jurisdiction. Before you make any investment decision or otherwise act upon information available on the Website, you should consider all available information and seek independent professional advice which is tailored to your specific needs, financial situation, investment objectives, and other personal circumstances.
You agree not to rely on any information available on the Website for the purpose of any investment or other decision, and will base any decision solely on your own assessment and evaluation of all available information and the advice of your own professional advisers.
You acknowledge that we may, without notice at any time, make changes to these Terms from time to time or discontinue the Website at any time. Your continued use of the Website following any such changes constitutes your acceptance of any changes we make to the Terms. If you do not agree to any variation of these Terms, you must cease using the Website.
1.2 Nothing on the Website is or is to be construed as an offer of or invitation, inducement, solicitation or recommendation to buy or sell any securities in any jurisdiction (including any securities of Ramsay or any of its related bodies corporate). The Website will not form the basis of any contract or commitment whatsoever. Notwithstanding the foregoing, the acknowledgment you provide by clicking “submit” to enter the Website constitutes a binding contract between you and Ramsay on the terms of these Terms.
1.3 You will not engage in any activities related to the Website that are contrary to these Terms, any applicable laws or regulations, or the terms of any agreements between you and Ramsay or any of its related bodies corporate.
1.4 The materials on the Website are for distribution only to persons (and to no other persons) to whom they may be made available in compliance with all applicable law, regulations, and directives in all applicable jurisdictions, including the jurisdiction in which such person is located, and who satisfy the requirements below ("Authorised Users"). The materials on the Website are not for release, publication or distribution, directly or indirectly, in whole or in part, into or within the United States (including its territories and possessions, any state of the United States and the district of Columbia), and persons located in the United States are not Authorised Users. By agreeing to these Terms you represent and warrant to Ramsay that you are an Authorised User.
Australia:
The material on the Website is for distribution only to persons who are not a "retail client" within the meaning of section 761G of the Corporations Act and are also sophisticated investors, professional investors or other investors in respect of whom disclosure is not required under Part 6D.2 or Chapter 7 of the Corporations Act and, in all cases, in such circumstances as may be permitted by applicable law in any jurisdiction (including Australia) in which an investor may be located.
If you are a "retail client" within the meaning of section 761G of the Corporations Act (e.g. you are not a professional investor in securities) or we would be required to provide you with a regulated offer document in relation to any offer that we may make to you, you should not access the Website.
European Economic Area:
The material on the Website is not directed at, and the securities described on the Website should not be offered, sold or otherwise made available to, retail investors in the European Economic Area (the "EEA"). For these purposes, a "retail investor" means a person who is one (or more) of: (i) a retail client as defined in point (11) of Article 4(1) of Directive 2014/65/EU, as amended ("MiFID II"); (ii) a customer within the meaning of Directive (EU) 2016/97, as amended, where that customer would not qualify as a professional client as defined in point (10) of Article 4(1) of MiFID II. Consequently no key information document required by Regulation (EU) No 1286/2014 (as amended, the "EU PRIIPs Regulation") for offering or selling any securities described on the Website or otherwise making them available to retail investors in the EEA has been prepared and therefore offering or selling any securities described on the Website or otherwise making them available to any retail investor in the EEA may be unlawful under the EU PRIIPs Regulation. If you are a "retail investor" as described herein, you should not access the Website nor act upon the material contained on the Website.
Hong Kong:
The material on the Website is only addressed to, and directed at, persons in Hong Kong who are "professional investors” within the meaning of the Securities and Futures Ordinance (Cap. 571) of Hong Kong (the "SFO") and any rules made under that Ordinance ("Professional Investors") and whose ordinary business is to buy and sell shares or debentures, whether as principal or agent. The Website must not be accessed by persons who are not Professional Investors.
Singapore:
The material on the Website is not to be made available, whether directly or indirectly, to any person in Singapore other than: (i) to an institutional investor (as defined in Section 4A of the Securities and Futures Act 2001 (“SFA”)) pursuant to Section 274 of the SFA, or (ii) to a relevant person (as defined in Section 275(2)) of the SFA pursuant to Section 275(1) of the SFA, and in accordance with the conditions specified in Section 275 of the SFA and (where applicable) Regulation 3 of the Securities and Futures (Class of Investors) Regulations 2018. You must not access the Website unless (i) you are an institutional investor or a relevant person under the SFA as referred to above; and (ii) you have read and agree to comply with the contents of these Terms. The Monetary Authority of Singapore has not reviewed, and assumes no responsibility for, the material on the Website.
United Kingdom:
The material on the Website is not directed at persons who are retail investors.
For these purposes, a "retail investor" means a person who is one (or more) of: (i) a retail client, as defined in point (8) of Article 2 of Regulation (EU) No 2017/565 as it forms part of domestic law of the UK by virtue of the European Union (Withdrawal) Act 2018 ("EUWA") and the regulations made under the EUWA; (ii) a customer within the meaning of the provisions of the Financial Services and Markets Act 2000, as amended ("FSMA") and any rules or regulations made under the FSMA to implement Directive (EU) 2016/97 (as amended), where that customer would not qualify as a professional client, as defined in point (8) of Article 2(1) of Regulation (EU) No 600/2014 as it forms part of domestic law of the UK by virtue of the EUWA and the regulations made under the EUWA. Consequently no key information document required by Regulation (EU) No 1286/2014 as it forms part of domestic law of the UK by virtue of the EUWA ("UK PRIIPs Regulation") for offering or selling any securities as described on the Website or otherwise making them available to retail investors in the UK has been prepared and therefore offering or selling any securities or otherwise making them available to any retail investor in the UK may be unlawful under the UK PRIIPs Regulation. If you are a person of any other description, you should not access the Website nor act upon the material contained on the Website.
In addition, in the UK, the Website is only directed to persons who: (i) are persons who have professional experience in matters relating to investments falling within Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, as amended (the "Order"), or (ii) are persons who are high net worth entities falling within Article 49(2)(a) to (d) of the Order, or (iii) are other persons to whom they may otherwise lawfully be communicated (all such persons together being referred to as "relevant persons"). The Website or the materials on the Website are not directed at and must not be acted on or relied on in the UK, by persons who are not relevant persons.
United States:
Nothing in the Website constitutes an offer of securities for sale or a solicitation of an offer to purchase securities in the United States. The Website is not directed to the United States or to U.S. persons (as defined in Regulation S under the U.S. Securities Act 1933 as amended ("U.S. Securities Act") and any securities described on the Website have not been and will not be registered under the U.S. Securities Act, or with any securities regulatory authority of any state or other jurisdiction of the United States, and may not be offered, sold, resold, pledged or delivered, directly or indirectly, into or within the United States or to U.S. persons (as defined in Regulation S under the U.S. Securities Act), absent registration or an available exemption from registration, under the U.S. Securities Act. There will be no public offer of the securities described on the Website in the United States. The information contained in the Website and access to the Website and such information is intended exclusively for persons who are not residents of the United States, who are not physically located in the United States, and who are not U.S. persons (as defined in Regulation S under the U.S. Securities Act).
2. Unauthorised Use and Reproduction
Unauthorised use of the Website or misuse of any information posted to the Website is strictly prohibited.
You are not authorised to, and must not, reproduce, publish or copy the materials provided on the Website, or distribute or make them available to any other person.
3. Limitation of Liability
3.1 To the maximum extent permitted by law, neither Ramsay nor any of its related bodies corporate or any of their respective directors, employees, contractors, agents, advisers, or third party data providers (each a “Ramsay Person”) has any liability whatsoever for any loss (including for negligence by any Ramsay Persons) arising from your use of or reliance on, any information provided on the Website, access to material on the Website, or otherwise arising in connection with the material on the Website.
3.2 Without limiting the above, neither Ramsay nor any other Ramsay Person will under any circumstances be liable to you or any third party for any lost profits or lost opportunity, or any indirect, special, consequential, incidental or punitive damages whatsoever, even if it has been advised of the possibility of such damages.
3.3 The materials available on the Website may contain forward-looking statements or opinions regarding our intent, belief or current expectations with respect to the business operations, market conditions, results of operations and financial condition of, and other matters relating to, Ramsay and its related bodies corporate. When using the Website, any words of a forward-looking nature, such as 'forecast', 'estimate', 'project', 'intend', 'anticipate', 'believe', 'expect', 'may', 'probability', 'risk', 'will', 'seek', 'would', 'could', 'should' and similar expressions, are intended to identify forward-looking statements or opinions. Such statements are predictive in character, may be affected by inaccurate assumptions or unknown risks and uncertainties, and may differ materially from results ultimately achieved. You should not rely upon these statements when making your investment decisions. These statements only speak as at the date stated in the materials containing them and may have changed after that date. Such forward looking statements constitute "forward-looking statements" for the purposes of the United States Private Securities Litigation Reform Act of 1995, and are not to be taken as representations as to future matters or that any particular result will be achieved. Ramsay does not undertake any obligation to update or revise any forward-looking statements to reflect events or circumstances after the date of their preparation.
3.4 Nothing in this clause 3 limits or excludes liability of Ramsay that may not be limited or excluded under applicable laws and regulations.
4. Governing Law
These Terms will be governed by and construed in accordance with the laws in force in New South Wales, Australia. By using the Website, you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them.
