Terms of Use

These Terms of Use (“Terms”) govern your use of the Capital Unique website at capitalunique.com (the “Site”), operated by Capital Unique (ABN 54 695 032 243, ACN 695 032 243) (“we”, “us”, “our”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

1. About Capital Unique and the Site

Capital Unique provides capital advisory and structuring services for commercial and business borrowers and sophisticated investors in Australia. The Site is an informational resource. It is not a transactional platform — you cannot apply for, accept, or be issued capital through the Site itself.

Capital Unique does not hold an Australian Credit Licence and does not provide consumer credit, credit assistance, or financial product advice within the meaning of the National Consumer Credit Protection Act 2009 (Cth) or the Corporations Act 2001 (Cth). Our services are limited to wholesale and commercial scenarios. See our Disclaimer for further detail.

2. Eligibility

The Site is intended for use by business owners, developers, investors, professional advisors, and others with legitimate commercial reasons to engage with us. By using the Site, you confirm that you are at least 18 years old and have the legal capacity to enter into these Terms.

3. Acceptable use

You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use of the Site. You agree not to:

• Use the Site in any way that breaches any applicable law or regulation
• Attempt to gain unauthorised access to the Site, the servers on which it is hosted, or any related systems
• Introduce viruses, malware, or other harmful code to the Site
• Scrape, copy, or harvest content from the Site by automated means
• Misrepresent your identity or affiliation when contacting us through the Site
• Use the Site or any information obtained from it to compete with us, to solicit our clients or counterparties, or to send unsolicited commercial communications

4. Information you submit

When you submit information through the Site (for example, through a contact form), you confirm that the information is accurate to the best of your knowledge and that you have the right to provide it. We handle information you submit in accordance with our Privacy Policy.

Submitting an enquiry through the Site does not create any client, broker, advisory, or fiduciary relationship between you and Capital Unique. Such a relationship arises only when expressly agreed in writing.

5. Intellectual property

All content on the Site — including text, images, design, logos, and the arrangement of the foregoing — is owned by Capital Unique or licensed to us, and is protected by Australian and international intellectual property laws. You may view and print pages of the Site for personal, non-commercial use. You may not reproduce, modify, distribute, or otherwise use any content from the Site without our prior written consent, except as permitted by law.

6. Links to third-party websites

The Site may contain links to websites operated by third parties. We provide these links for convenience only. The inclusion of a link does not imply endorsement of the linked website, and we are not responsible for the content, privacy practices, or availability of any third-party website. You access third-party websites at your own risk.

7. Disclaimer of warranties

The information on the Site is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we make no representations or warranties of any kind, express or implied, about the accuracy, completeness, reliability, suitability, or availability of the Site or the information it contains.

Information on the Site is general in nature and does not constitute personal financial, legal, tax, or other professional advice. You should obtain advice from a qualified professional before acting on any information you find on the Site. See our Disclaimer for further detail.

8. Limitation of liability

To the maximum extent permitted by law, Capital Unique, its directors, officers, employees, and contractors will not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of (or inability to use) the Site, including any reliance on the information it contains, even if we have been advised of the possibility of such damages.

Where any liability cannot be excluded under Australian law (including the Australian Consumer Law), our liability is limited, to the maximum extent permitted, to either the resupply of the relevant information or service or the cost of having the information or service resupplied, at our discretion.

9. Indemnity

You agree to indemnify and hold us harmless from any claim, loss, liability, or expense (including reasonable legal fees) arising out of your breach of these Terms or your misuse of the Site.

10. Privacy

Your use of the Site is also governed by our Privacy Policy, which forms part of these Terms.

11. Suspension and termination

We may suspend or restrict your access to the Site at any time, without notice, if we reasonably believe you have breached these Terms. We may also discontinue or modify the Site (in whole or in part) at any time without notice.

12. Governing law

These Terms are governed by the laws of New South Wales, Australia. Any dispute arising out of or in connection with these Terms or your use of the Site is subject to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.

13. Changes to these Terms

We may update these Terms from time to time. The latest version will always be available on this page, with the “Last updated” date at the top reflecting the most recent revision. Your continued use of the Site after any changes constitutes your acceptance of the updated Terms.

14. Contact

For any questions about these Terms, please contact:

• Capital Unique
  Office: Level 26, 1 Bligh Street, Sydney NSW 2000
  Postal: PO Box 984, Gosford NSW 2250
  Phone: 1300 889 789
  Email: hello@capitalunique.com