Terms and Conditions
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Effective Date: 26/04/2023
Website: www.platinumwealthselect.com
Operator: Platinum Wealth Investments Pty Ltd, also referred to as “PWI”, “Platinum Wealth Select”, “we”, “us” or “our”.
By accessing, browsing, registering for, subscribing to or using the Platinum Wealth Select website, platform, investment marketplace, investor portal or related services, you agree to be bound by these Terms and Conditions.
If you do not agree with these Terms and Conditions, you must not access or use the Website or any information, materials, documents, investment opportunities or services made available through it.
These Terms apply in addition to any disclaimer, important warning, privacy policy, risk disclosure, investor acknowledgement, subscription terms, mandate, transaction document or separate agreement that may apply to a particular investment opportunity or service.
Platinum Wealth Select is a private investment marketplace and information platform designed to introduce eligible users to selected investment, financing, private placement and capital opportunities.
The Website may include opportunities involving, without limitation:
| Category | Description |
|---|---|
| Equity Opportunities | Private equity, share capital, direct investment or ownership-based opportunities. |
| Debt Opportunities | Loan, credit, note, debenture, fixed income or private debt-style opportunities. |
| Hybrid Opportunities | Opportunities that combine debt, equity, convertible, preference, revenue share or structured return features. |
| Private Placements | Non-public investment opportunities made available to selected investors or eligible participants. |
| International Opportunities | Opportunities involving Australian or overseas issuers, borrowers, counterparties, projects or assets. |
The Website is not intended to operate as a public securities exchange, regulated market, financial product issuer, managed investment scheme operator, stockbroker, custodian, trustee, responsible entity, fund manager or licensed financial adviser unless expressly stated in writing.
Unless expressly stated otherwise in a separate written agreement, all information on the Website is provided for general information purposes only.
Nothing on the Website constitutes, or should be treated as:
| Not Provided | Explanation |
|---|---|
| Personal financial advice | We do not take into account your personal objectives, financial situation, needs, tax position or risk profile. |
| Legal advice | You must obtain your own legal advice before entering into any investment or transaction. |
| Tax advice | Tax treatment may vary depending on your circumstances, residency, structure and jurisdiction. |
| Investment recommendation | Displaying an opportunity does not mean we recommend that you invest. |
| Offer to the public | Opportunities may be restricted to eligible investors and may not constitute a public offer. |
| Guarantee of performance | No return, income, capital gain, repayment, liquidity or exit outcome is guaranteed. |
Before making any investment decision, you should obtain independent financial, legal, tax, accounting and commercial advice.
The Website is primarily intended for users who may qualify as wholesale, sophisticated, professional or otherwise eligible investors under applicable law.
In Australia, investor eligibility may be assessed by reference to the Corporations Act 2001, including wholesale client and sophisticated investor concepts. ASIC notes that a person holding a qualified accountant’s certificate may be treated as a sophisticated investor for Chapter 6D purposes or as a wholesale client for Chapter 7 purposes, depending on the product or service involved.
You acknowledge that:
| Investor Acknowledgement | Meaning |
|---|---|
| Eligibility may be required | You may be required to provide evidence of your investor status before accessing certain opportunities. |
| Retail access may be restricted | Some opportunities may not be available to retail clients or the general public. |
| Disclosure documents may differ | Wholesale, sophisticated and professional investors may not receive the same disclosure documents or protections as retail clients. |
| Certification may be required | We may request accountant certificates, declarations, confirmations, corporate documents or other supporting information. |
| Eligibility is your responsibility | You must not falsely represent your investor status or investment capacity. |
We reserve the right to refuse, restrict, suspend or terminate access to the Website or any opportunity if we are not satisfied as to your eligibility, identity, authority, jurisdiction or suitability to receive the relevant information.
To access certain areas of the Website, you may be required to register, create an account, complete a profile, accept disclaimers or provide verification information.
You agree to:
| User Obligation | Requirement |
|---|---|
| Provide accurate information | All registration, identity, investor status and contact information must be true, complete and current. |
| Keep details updated | You must promptly update your information if it changes. |
| Protect login credentials | You are responsible for maintaining the confidentiality of your username, password and account access. |
| Notify unauthorised access | You must notify us immediately if you suspect unauthorised use of your account. |
| Use the Website lawfully | You must not use the Website for unlawful, fraudulent, misleading or unauthorised purposes. |
We may suspend or terminate your account if we reasonably believe that your information is inaccurate, misleading, incomplete, fraudulent or inconsistent with the intended use of the Website.
Investment opportunities displayed on the Website may be prepared by, or on behalf of, issuers, borrowers, sellers, project sponsors, asset owners, fund managers, advisers, promoters or other third parties.
Unless expressly stated otherwise, PWI does not independently verify, audit, endorse or guarantee the accuracy, completeness or reliability of all third-party information provided in connection with an opportunity.
You acknowledge that:
| Issue | User Acknowledgement |
|---|---|
| Information may be supplied by third parties | Opportunity materials may be prepared by the party seeking capital, finance, buyers, investors or transaction counterparties. |
| No independent verification | We may not have independently reviewed or verified all claims, forecasts, valuations, assumptions or financial information. |
| Information may change | Opportunity details may be amended, withdrawn, replaced or updated without notice. |
| Due diligence is required | You must conduct your own due diligence before participating in any transaction. |
| No reliance on summaries alone | Website summaries are not a substitute for full transaction documents, disclosure materials or professional advice. |
Neither Platinum Wealth Select, the Website nor any investment opportunity displayed on the Website should be understood as being endorsed, approved, sponsored or guaranteed by ASIC.
ASIC has publicly stated in scam-warning materials that it does not endorse or promote investment training or investment platforms.
Any reference to ASIC, the Corporations Act, wholesale investors, sophisticated investors, professional investors, AFSLs, disclosure exemptions or regulatory concepts is provided for general context only and must not be interpreted as regulatory approval of the Website or any opportunity.
PWI may receive fees, commissions, introduction fees, success fees, platform fees, referral fees, advisory fees, administration fees, listing fees or other commercial benefits in connection with opportunities, introductions, transactions or services made available through the Website.
Fees may be paid by:
| Fee Payer | Example |
|---|---|
| Issuers or project sponsors | Listing fees, capital introduction fees or success fees. |
| Investors or subscribers | Subscription fees, access fees or transaction-related fees. |
| Borrowers or investee companies | Structuring fees, placement fees or finance arrangement fees. |
| Third-party service providers | Referral fees, partnership fees or revenue-sharing arrangements. |
Where required by law or applicable transaction documents, relevant fees or conflicts will be disclosed.
You acknowledge that PWI may have a commercial interest in a transaction being introduced, reviewed, progressed or completed.
Investment involves risk. Private investment, private equity, private debt, early-stage ventures, structured products, project finance, international transactions and private placements may involve a high degree of risk.
You acknowledge that:
| Risk | Explanation |
|---|---|
| Capital loss risk | You may lose some or all of your investment. |
| Illiquidity risk | There may be no established market to sell or transfer your investment. |
| Valuation risk | Valuations may be uncertain, subjective, incomplete or difficult to verify. |
| Default risk | Borrowers, issuers or counterparties may fail to perform or repay. |
| Regulatory risk | Laws, licensing requirements or regulatory positions may change. |
| Currency risk | Cross-border opportunities may involve foreign exchange exposure. |
| Tax risk | Tax consequences may vary and may be adverse. |
| Information risk | Information supplied by third parties may be incomplete, inaccurate or outdated. |
| No guaranteed return | Forecasts, projections and target returns are not guarantees. |
| Exit risk | There may be no clear, timely or profitable exit pathway. |
You should not invest unless you understand the risks and can afford to bear the loss of your investment.
Displaying an investment opportunity on the Website does not guarantee that:
| No Guarantee | Explanation |
|---|---|
| The opportunity remains open | It may close, be withdrawn, become fully subscribed or be amended. |
| You will be accepted | Participation may be subject to eligibility, due diligence, approval or allocation limits. |
| Terms will remain unchanged | Pricing, structure, returns, rights and obligations may change. |
| A transaction will complete | Transactions may fail to proceed for commercial, legal, funding or regulatory reasons. |
| Documents are final | Website materials may be preliminary, indicative or subject to formal documentation. |
We may remove, suspend, delay, amend or restrict access to any opportunity at any time.
You are solely responsible for assessing whether any opportunity is appropriate for you.
Before investing or entering into any transaction, you should consider:
| Due Diligence Area | Matters to Review |
|---|---|
| Legal structure | Entity type, jurisdiction, ownership, rights, obligations and enforceability. |
| Financial position | Accounts, cash flow, liabilities, debt, valuation and assumptions. |
| Management | Track record, capability, conflicts and governance. |
| Security | Collateral, guarantees, registrations, priority and recovery rights. |
| Regulatory position | Licences, exemptions, approvals and compliance obligations. |
| Tax consequences | Income tax, withholding tax, GST/VAT, capital gains and cross-border tax. |
| Exit rights | Redemption, sale, liquidity, maturity, conversion or repayment mechanics. |
| Risk factors | Market, credit, operational, legal, currency and enforcement risks. |
You must not rely solely on information displayed on the Website.
By using the Website, you represent and warrant that:
| Representation | Confirmation |
|---|---|
| Legal capacity | You have legal capacity to enter into these Terms. |
| Authority | If acting for an entity, you are authorised to bind that entity. |
| Accurate information | All information you provide is true, complete and not misleading. |
| Lawful use | You will use the Website only for lawful purposes. |
| Investor status | Any investor classification you provide is accurate and supportable. |
| No prohibited access | You are not accessing the Website from a jurisdiction where access is unlawful. |
| No reliance | You will not treat Website content as personal advice or a recommendation. |
| Independent advice | You will obtain your own professional advice where required. |
You must not:
| Prohibited Conduct | Examples |
|---|---|
| Misuse the Website | Hack, scrape, interfere with, overload or disrupt the Website. |
| Provide false information | Misrepresent identity, investor status, authority or eligibility. |
| Copy confidential materials | Download, distribute or reproduce restricted opportunity documents without approval. |
| Breach laws | Use the Website in breach of financial services, securities, privacy, AML/CTF or sanctions laws. |
| Mislead others | Represent that PWI has endorsed, guaranteed or approved your conduct or transaction. |
| Reverse engineer the platform | Attempt to access source code, systems, databases or non-public areas. |
| Upload harmful material | Introduce viruses, malware, spyware or malicious code. |
| Circumvent access controls | Share login details or bypass investor verification processes. |
Certain information made available through the Website may be confidential, commercially sensitive or restricted.
You agree not to disclose, copy, distribute, publish or use confidential information except for the purpose of evaluating the relevant opportunity and only in accordance with any applicable confidentiality terms.
Confidential information may include:
| Confidential Material | Examples |
|---|---|
| Opportunity documents | Pitch decks, term sheets, information memoranda and data room materials. |
| Financial information | Forecasts, valuations, financial models and budgets. |
| Commercial terms | Pricing, security, returns, fees and transaction structures. |
| Counterparty information | Issuer, borrower, sponsor, investor or introducer details. |
| Platform information | Non-public processes, methodology, systems and transaction workflows. |
We may require you to sign a separate non-disclosure agreement before releasing certain information.
All intellectual property rights in the Website and its content are owned by or licensed to PWI, unless otherwise stated.
This includes:
| Intellectual Property | Examples |
|---|---|
| Website content | Text, graphics, layouts, images, videos and documents. |
| Branding | Names, logos, marks and visual identity. |
| Platform materials | Forms, templates, workflows, classification systems and platform architecture. |
| Reports and summaries | Opportunity summaries, market commentary and analysis. |
You may view and use Website content for your own internal assessment purposes only. You must not reproduce, commercialise, modify, distribute or exploit Website content without our prior written consent.
The Website may contain links, references or integrations with third-party websites, advisers, issuers, custodians, trustees, administrators, payment providers, data room providers, identity verification providers, lawyers, accountants, brokers or other service providers.
We are not responsible for:
| Third-Party Matter | Limitation |
|---|---|
| External websites | Their content, availability, accuracy or security. |
| Third-party advice | Advice or services provided by external professionals. |
| Third-party documents | Documents prepared by issuers, sponsors or advisers. |
| Third-party systems | Failures, delays or errors in external technology or verification systems. |
| Third-party conduct | Actions, omissions, representations or defaults by external parties. |
You should review the terms and policies of any third-party provider before using their services.
We may collect, use, store and disclose personal information in accordance with our Privacy Policy.
This may include information required for:
| Purpose | Examples |
|---|---|
| Account registration | Name, contact details, username and access details. |
| Investor verification | Investor classification, accountant certificates and supporting documents. |
| Identity checks | Know-your-customer, anti-money laundering and sanctions screening. |
| Platform operation | Communication, opportunity matching and transaction administration. |
| Legal compliance | Record keeping, regulatory reporting and dispute management. |
By using the Website, you consent to our handling of your personal information in accordance with our Privacy Policy and applicable law.
We may be required to conduct identity verification, anti-money laundering, counter-terrorism financing, sanctions, politically exposed person and source-of-funds checks.
You agree to provide all information reasonably requested for these purposes.
We may refuse, suspend, delay or terminate access to the Website or any opportunity if:
| Compliance Issue | Consequence |
|---|---|
| Identity cannot be verified | Access may be restricted or refused. |
| Sanctions concerns arise | Transactions may be blocked or reported. |
| AML/CTF concerns arise | We may request further information or decline participation. |
| Information is incomplete | Access may be delayed or suspended. |
| Legal obligations apply | We may disclose information to regulators or authorities where required. |
The Website may be accessed by users located in different jurisdictions. However, not all opportunities are available in all jurisdictions.
You are responsible for ensuring that your access to the Website and participation in any opportunity is lawful in your jurisdiction.
We do not represent that the Website or any opportunity complies with the laws of every country or territory.
We may restrict access to users from certain jurisdictions where we consider it necessary or appropriate for legal, regulatory, commercial or risk reasons.
To the maximum extent permitted by law, PWI and its directors, officers, employees, contractors, agents, advisers and related entities are not liable for any loss, damage, cost, expense or liability arising from:
| Excluded Liability | Examples |
|---|---|
| Use of the Website | Access, inability to access, errors, delays or interruptions. |
| Investment decisions | Decisions made based on Website content or opportunity materials. |
| Third-party information | Inaccurate, incomplete or misleading information supplied by third parties. |
| Investment losses | Capital loss, missed returns, default, illiquidity or failed transactions. |
| Technology failures | Cyber incidents, system outages, data loss or unauthorised access. |
| Regulatory changes | Changes in law, policy, licensing, tax or regulatory treatment. |
| Force majeure | Events outside our reasonable control. |
Nothing in these Terms excludes liability that cannot lawfully be excluded.
You agree to indemnify PWI and its directors, officers, employees, contractors, agents, advisers and related entities against any loss, damage, claim, liability, cost or expense arising from:
| Indemnity Trigger | Examples |
|---|---|
| Your breach of these Terms | Misuse of the Website or breach of obligations. |
| False information | Misrepresentation of identity, authority or investor status. |
| Unlawful conduct | Breach of law, regulation or third-party rights. |
| Unauthorised disclosure | Sharing confidential materials without approval. |
| Third-party claims | Claims caused by your conduct or reliance on materials. |
We do not guarantee that the Website will always be available, uninterrupted, secure or error-free.
We may at any time:
| Platform Right | Action |
|---|---|
| Modify the Website | Add, remove or change features, content or access levels. |
| Suspend access | Restrict access for maintenance, security, compliance or operational reasons. |
| Remove opportunities | Withdraw or amend listings, documents or investment materials. |
| Change eligibility rules | Update access requirements or investor verification processes. |
| Update these Terms | Amend these Terms by publishing a revised version on the Website. |
Your continued use of the Website after changes are published constitutes acceptance of the updated Terms.
We may suspend, restrict or terminate your access to the Website immediately if we reasonably believe that:
| Reason | Explanation |
|---|---|
| You breached these Terms | Including confidentiality, conduct or access obligations. |
| You provided false information | Including identity, eligibility or investor classification. |
| Compliance concerns exist | Including AML/CTF, sanctions or regulatory issues. |
| Legal risk arises | Your access may expose us or others to legal or regulatory risk. |
| Misuse occurs | The Website or materials are used improperly. |
Termination does not affect rights or obligations that arose before termination, including confidentiality, indemnity, liability limitations and payment obligations.
If you have a complaint about the Website or our services, you should contact us in writing using the details provided on the Website.
Your complaint should include:
| Complaint Information | Details |
|---|---|
| Your name and contact details | So we can respond. |
| Nature of complaint | What happened and when. |
| Relevant documents | Emails, screenshots, transaction documents or supporting materials. |
| Desired outcome | What resolution you are seeking. |
We will seek to review and respond to complaints within a reasonable period.
These Terms are governed by the laws of Victoria, Australia
You submit to the non-exclusive jurisdiction of the courts of Victoriaand the courts competent to hear appeals from those courts.
Where a specific investment opportunity is governed by separate transaction documents, those documents may contain their own governing law and jurisdiction provisions.
For questions about these Terms and Conditions, please contact:
Platinum Wealth Investments Pty Ltd
Trading as / operating: Platinum Wealth Select
Website: www.platinumwealthselect.com
Email: [compliance@platinumwealthmarkets.com