The terms that govern your use of our website and your engagement with our services.
These Terms and Conditions ("Terms") govern your use of the website located at madbayholdingspty.site ("Site") and your engagement with any services provided by Madbay Holdings Pty Ltd (ABN 90 696 719 785 / ACN 696 719 785) ("Madbay Holdings", "we", "us", or "our").
By accessing our Site or engaging our services, you ("you" or "Client") agree to be bound by these Terms. If you do not agree, please do not use our Site or engage our services.
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, including but not limited to the Corporations Act 2001 (Cth), the Competition and Consumer Act 2010 (Cth) (incorporating the Australian Consumer Law), and the Australian Securities and Investments Commission Act 2001 (Cth).
You may access and use the Site for lawful personal or business purposes in accordance with these Terms. You must not:
Madbay Holdings provides strategic investment, property holdings, business venture participation, and advisory services. The specific terms, obligations, and deliverables for any engagement will be set out in a separate written agreement between the parties.
Nothing on this Site constitutes financial advice, investment advice, or an offer to sell or a solicitation of an offer to buy any securities or financial products. All information is general in nature and does not take into account your personal financial circumstances, objectives, or needs.
You should seek independent professional advice before making any investment decision.
Where fees apply for advisory or consulting engagements, they will be specified in the relevant written agreement. Unless otherwise agreed:
All intellectual property rights in the content of the Site — including text, graphics, logos, brand marks, and software — are owned by or licensed to Madbay Holdings. Nothing in these Terms grants you any right to use our intellectual property other than as permitted herein.
In respect of joint-venture or investment engagements, ownership of any specific intellectual property created will be governed by the applicable written agreement between the parties.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (ACL) (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded or limited.
Where our services are supplied to a consumer under the ACL, you may have consumer guarantees including that services are provided with due care and skill, and that they are fit for the disclosed purpose.
To the extent permitted by law, our liability for a breach of a non-excludable consumer guarantee is limited (at our election) to:
Subject to clause 7 and to the fullest extent permitted by law:
You agree to indemnify, defend, and hold harmless Madbay Holdings, its directors, officers, employees, and agents from any claims, losses, damages, costs, or expenses (including reasonable legal fees) arising from:
Each party agrees to keep confidential all non-public information received from the other party in connection with an engagement, and to use such information only for the purposes of that engagement. This obligation survives termination for a period of 3 years and does not apply to information that is or becomes publicly known other than through breach of this clause.
Either party may terminate an engagement by providing written notice as specified in the relevant agreement. Upon termination:
We reserve the right to suspend or terminate access to the Site at any time without notice.
In the event of a dispute, the parties agree to:
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.
Your personal information is handled in accordance with our Privacy Policy, which forms part of these Terms. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
We may update these Terms at any time by publishing the revised version on our Site. The revised Terms will be effective from the date of publication. Continued use of the Site or engagement of our services after changes are published constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
Failure by Madbay Holdings to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any written engagement or investment agreement and our Privacy Policy, constitute the entire agreement between you and Madbay Holdings with respect to your use of the Site and engagement of our services, superseding all prior agreements, representations, and understandings.
These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia (and any relevant appellate courts) for the resolution of any disputes arising under or in connection with these Terms.
For any questions regarding these Terms, please contact: