Wholesale Investor Terms
These Wholesale Investor Terms (“Terms”) govern your access to investment-related materials and opportunities provided by Assetly Group Limited ACN 653 886 483 (“Assetly Group”) in Australia. By accessing this website, and particularly the Stakeholder Portal enabling access to detailed information, including reviewing any investment documentation, or submitting an expression of interest (“Expression of Interest”), you agree to these Terms.
Wholesale Investor Status
You represent and warrant that you meet the definition of a wholesale investor under section 708(8) of the Corporations Act 2001 (Cth) of Australia (“Act”), specifically by satisfying one or more of the following criteria:
Net assets of at least AU$2,500,000; or
Gross income of at least AU$250,000 per annum in each of the past two financial years; or
Investing a minimum of AU$500,000; or
Qualification as a professional investor or wholesale client as defined under the Act.
Assetly Group reserves the right to request an accountant’s certificate to verify your wholesale investor status.
International Investors
Assetly Group may receive Expressions of Interest from perons located outside Australia, except where the following international Prohibited Jurisdictions and Conditional Jurisdictions apply:
Prohibited Jurisdictions
Assetly Group does not accept Expressions of Interest or investments from persons who reside in the following jurisdictions (“Prohibited Jurisdictions”) where such participation would require licensing, registration, or regulatory approval, unless such requirements are met and approved at the sole discretion of Assetly Group.
These jurisdictions include, but are not limited to:
Conditional Jurisdictions
Assetly Group may accept Expressions of Interest or investments from persons who reside in the following jurisdictions (“Conditional Jurisdictions”) where participation is conditionally permitted under limited exemptions for high-net-worth individuals, sophisticated investors, or professional investors of that jurisdiction.
These jurisdictions include, but are not limited to:
Participation from these jurisdictions is subject to the following conditions:
In addition to Australian requirements, persons must meet the jurisdiction's relevant local exemption (e.g., certified high-net-worth individual, sophisticated investor, or professional investor under applicable law);
The person must provide, upon request, satisfactory evidence of their eligibility to participate under the local laws of their jurisdiction of residence; and
Assetly Group reserves the right to reject or rescind any participation if it is later determined to not be compliant with the applicable securities laws of a person’s relevant jurisdiction.
By accessing any investment-related materials or submitting an Expression of Interest, persons from these jurisdictions represent and warrant that they are eligible to participate under their respective local legal and regulatory frameworks.
No Public Offer
Assetly Group does not provide public offers of securities in any jurisdiction. Any investment opportunity presented by Assetly Group is available exclusively under exemptions detailed in section 708 of the Act and is not open to retail investors.
No Financial Advice
Information provided by Assetly Group does not constitute financial, legal, or tax advice. Investors must seek independent professional advice prior to making any investment decision.
Participation Not Guaranteed
Submitting an Expression of Interest does not confer any right to participate in investment opportunities. Assetly Group maintains absolute discretion to accept or decline any Expression of Interest or investment application.
Confidentiality
All investment-related materials (including Information Memorandum, presentations, overviews, or related data or information) provided by Assetly Group are strictly confidential. You agree not to disclose, forward, or share these materials with any third party without obtaining prior written consent from Assetly Group.
Investor Acknowledgements
You explicitly acknowledge that:
You are not a retail investor;
No disclosure document (prospectus or Product Disclosure Statement) has been provided;
The investment offer relies on disclosure exemptions under the Act;
If from a Conditional Jurisdiction, you confirm you meet your jurisdiction's relevant local exemptions; and
You agree to be bound by these Terms.
Data Protection and Privacy
You consent to the collection, use, storage, and disclosure of your personal information in accordance with Assetly Group’s Privacy Policy, as amended from time to time. In the event you submit an Expression of Interest, your personal information will be handled securely and used primarily for investment-related communications and compliance purposes.
Limitation of Liability
To the fullest extent permitted by law, Assetly Group disclaims any and all liability for loss or damage resulting from reliance upon or use of the information provided in connection with the investment opportunities.
Amendments
Assetly reserves the right to amend these Terms at any time. Any amendments will be communicated to you, and your continued access or use of investment materials after such notice will constitute acceptance of those amendments.
Governing Law
These Terms are governed by the laws of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts in New South Wales.