Terms of use

Welcome to Optima Capital (“Optima Capital”, “Optima”, “we”, “our”, or “us”).

These Terms of Use (“Terms”) govern your access to and use of the Optima Capital website, digital platforms, services, content, applications, and communications.

By accessing or using this website, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must discontinue use of the website and services immediately.

1. About Optima Capital

Optima Capital is a finance and advisory business providing:

• Commercial lending solutions;
• Development finance;
• Bridging and short-term finance;
• Debt advisory services;
• Private credit and investment opportunities;
• Structured and mezzanine finance;
• Asset-backed lending;
• Related financial and business advisory services.

The information provided on this website is intended for general informational purposes only and does not constitute financial, legal, tax, or investment advice.

2. Acceptance of Terms

By using this website, you acknowledge that:

• You have read and understood these Terms;
• You agree to comply with all applicable laws and regulations;
• You are legally capable of entering into binding agreements;
• You are responsible for ensuring your use of the website complies with local laws.

If you are using the website on behalf of a company or organisation, you represent that you have authority to bind that entity to these Terms.

3. Website Purpose

This website is designed to:

• Provide information about our services and solutions;
• Allow users to submit enquiries and applications;
• Share industry insights and updates;
• Facilitate communication with brokers, investors, borrowers, and business partners;
• Support marketing and client engagement activities.

Nothing on this website constitutes:

• A binding offer of finance;
• A guarantee of funding approval;
• Financial product advice;
• Investment recommendations;
• Legal, accounting, or taxation advice.

Users should seek independent professional advice before making financial or investment decisions.

4. Eligibility

You must be at least 18 years old to use this website or submit applications through our platform.

By using the website, you confirm that:

• Information you provide is accurate and complete;
• You will not impersonate another person or entity;
• You will not use the website for unlawful purposes.

We reserve the right to refuse access or services at our discretion.

5. No Financial Advice

The content on this website is general information only.

Any case studies, indicative rates, lending scenarios, project examples, testimonials, market commentary, or investment information are provided for illustrative purposes only and may not reflect current market conditions.

Optima Capital does not guarantee:

• Funding approval;
• Investment returns;
• Future performance;
• Suitability of any financial product or strategy.

Users should obtain independent financial, legal, accounting, and taxation advice before acting on any information provided.

6. Loan & Funding Applications

Any funding application submitted through this website is subject to:

• Eligibility assessment;
• Due diligence;
• Credit assessment;
• Verification procedures;
• Internal approval processes;
• Availability of funding.

Submission of an enquiry or application does not create:

• A lender-borrower relationship;
• A fiduciary relationship;
• A commitment to provide finance.

Funding terms, rates, fees, and structures may change without notice.

Optima Capital reserves the right to:

• Decline applications;
• Request additional information;
• Modify lending criteria;
• Withdraw indicative terms at any time.

7. Investment & Private Capital Information

Information relating to investment opportunities, private credit, or funding structures is provided on a confidential and informational basis only.

Nothing on this website constitutes:

• An offer to issue securities;
• A solicitation for investment;
• A prospectus;
• A managed investment scheme offering;
• Regulated financial product advice.

Any investment participation may be subject to:

• Sophisticated investor requirements;
• Wholesale investor classification;
• Separate agreements and disclosure documents;
• Regulatory restrictions.

Past performance is not indicative of future results.

8. Intellectual Property

All content on this website is owned by or licensed to Optima Capital unless otherwise stated.

This includes:

• Logos;
• Branding;
• Website design;
• Text;
• Graphics;
• Images;
• Videos;
• Documents;
• Software;
• Layouts;
• Marketing materials.

You may not:

• Copy;
• Reproduce;
• Republish;
• Modify;
• Distribute;
• Reverse engineer;
• Commercially exploit;
• Create derivative works;

without prior written consent from Optima Capital.

Limited personal and non-commercial use is permitted where content remains unmodified and all intellectual property notices are retained.

9. Website Use Restrictions

You agree not to:

• Use the website unlawfully;
• Attempt unauthorised access to systems or data;
• Upload malicious software or code;
• Interfere with website functionality;
• Use automated scraping or data extraction tools;
• Circumvent security protections;
• Submit misleading or fraudulent information;
• Use the website in a manner that could damage our reputation or operations.

We reserve the right to suspend or terminate access for any misuse.

10. Third-Party Links

This website may contain links to third-party websites or services.

These links are provided for convenience only.

Optima Capital does not:

• Endorse third-party websites;
• Control external content;
• Accept responsibility for third-party information;
• Guarantee availability or security of external services.

Users access third-party websites at their own risk.

11. Accuracy of Information

We aim to ensure information on this website is accurate and up to date.

However, we do not warrant that website content is:

• Accurate;
• Complete;
• Reliable;
• Current;
• Error-free.

Information may change without notice.

Optima Capital is not liable for losses arising from reliance on website content.

12. Website Availability

We do not guarantee uninterrupted or error-free access to the website.

The website may be unavailable due to:

• Maintenance;
• Technical issues;
• System failures;
• Security incidents;
• Third-party service interruptions.

We may modify, suspend, or discontinue website functionality at any time without notice.

13. Limitation of Liability

To the maximum extent permitted by law, Optima Capital excludes all liability for:

• Direct losses;
• Indirect losses;
• Consequential damages;
• Loss of profits;
• Loss of revenue;
• Business interruption;
• Data loss;
• Loss arising from website use;
• Reliance on information;
• Delays or system failures.

This limitation applies whether claims arise in contract, tort, negligence, statute, or otherwise.

Where liability cannot be excluded by law, liability is limited to the maximum extent permitted.

14. Indemnity

You agree to indemnify and hold harmless Optima Capital, its directors, employees, contractors, advisers, affiliates, and representatives from any claims, losses, liabilities, damages, costs, or expenses arising from:

• Your breach of these Terms;
• Misuse of the website;
• Violation of applicable laws;
• Infringement of third-party rights.

15. Privacy

Your use of the website is also governed by our Privacy Policy.

By using this website, you consent to the collection, use, and disclosure of information in accordance with our Privacy Policy.

16. Confidential Information

Any non-public information shared through applications, transactions, or communications may be treated as confidential.

However, internet transmissions are not completely secure.

Users acknowledge that:

• Electronic communications may carry risks;
• Transmission of information is undertaken at the user’s own risk;
• Optima Capital cannot guarantee absolute data security.

17. Compliance & Regulatory Obligations

Users agree to comply with all applicable laws and regulations relating to:

• Anti-money laundering;
• Counter-terrorism financing;
• Financial services;
• Privacy;
• Consumer protection;
• Intellectual property;
• Electronic communications.

We may refuse services or terminate access where required to comply with legal or regulatory obligations.

18. Electronic Communications

By submitting forms or communicating electronically with Optima Capital, you consent to receiving communications electronically.

This may include:

• Service notifications;
• Marketing communications;
• Transaction-related correspondence;
• Legal notices;
• Application updates.

You are responsible for maintaining accurate contact details.

19. User Submissions

Any information submitted through the website must be:

• Accurate;
• Lawful;
• Non-misleading;
• Authorised for disclosure.

You grant Optima Capital the right to use submitted information for:

• Assessing enquiries and applications;
• Communicating with you;
• Providing services;
• Internal administration and compliance.

We reserve the right to remove or reject submissions at our discretion.

20. Security

Users must not attempt to:

• Breach website security;
• Access restricted systems;
• Test vulnerabilities without permission;
• Interfere with servers or networks.

Any unauthorised activity may result in:

• Suspension of access;
• Legal action;
• Reporting to regulatory or law enforcement authorities.

21. Disclaimer

To the fullest extent permitted by law:

• The website is provided “as is” and “as available”;
• No warranties are given regarding availability, accuracy, or reliability;
• We disclaim implied warranties including merchantability and fitness for purpose.

Users assume full responsibility for decisions made based on website information.

22. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

Any disputes arising from these Terms or website use are subject to the exclusive jurisdiction of the courts of New South Wales.

23. Severability

If any provision of these Terms is found invalid, unlawful, or unenforceable, the remaining provisions will continue in full force and effect.

24. Waiver

Failure by Optima Capital to enforce any provision of these Terms does not constitute a waiver of rights.

Any waiver must be in writing and signed by an authorised representative of Optima Capital.

A delay or failure by Optima Capital to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

25. Changes to These Terms

We may update or modify these Terms at any time without prior notice.

Changes become effective once published on the website.

Continued use of the website after updates constitutes acceptance of the revised Terms.

Users are encouraged to review these Terms regularly.

26. Contact Information

If you have questions regarding these Terms of Use, please contact:

Optima Capital Partners Pty Ltd
ABN 92 683 518 701

18/1 Castlereagh Street
Sydney NSW 2000
Australia

Phone: 1800 027 200
Email: info@optimacapital.com.au

27. Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements entered into between you and Optima Capital, constitute the entire agreement relating to website use.

They supersede any prior understandings, communications, or representations relating to the subject matter.

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