Terms of Use

The terms and conditions governing the use of Ness Capital's website and services.

Last updated: May 2026

1. Agreement to These Terms

By accessing or using the website at nesscapitalpty.site (the "Site") or engaging the services of Ness Capital Pty Ltd (ABN 78 697 717 150, ACN 697 717 150) ("Ness Capital", "we", "us", "our"), you agree to be bound by these Terms of Use. If you do not agree, please do not use the Site or our services.

These terms apply in addition to any separate engagement letter, service agreement, or other contractual terms agreed between you and Ness Capital in relation to specific services.

2. Australian Consumer Law

Nothing in these Terms of Use excludes, restricts, or modifies any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable Australian consumer protection legislation that cannot be lawfully excluded or modified. Where any statutory guarantees apply, our liability is limited to, at our option:

  • The resupply of the services; or
  • The payment of the cost of having the services supplied again.

3. Nature of Information on This Site

The content on nesscapitalpty.site is provided for general informational purposes only. It does not constitute financial advice, investment advice, legal advice, tax advice, or any other form of professional advice. You should not act or rely on any information on this Site without seeking independent professional advice appropriate to your circumstances.

Ness Capital does not guarantee the accuracy, completeness, or currency of any information on the Site. Information may be changed or updated without notice.

4. Services

Ness Capital provides capital advisory, investment stewardship, regulatory and compliance support, M&A advisory, strategic planning, and risk management services. The specific terms, scope, fees, and deliverables for any engagement will be set out in a separate written agreement between Ness Capital and the client.

Neither browsing this Site nor contacting Ness Capital constitutes a client–adviser relationship. A formal relationship is established only upon the execution of a signed engagement letter or service agreement.

5. Limitation of Liability

To the maximum extent permitted by law:

  • Ness Capital excludes all liability for any loss or damage (including indirect, special, incidental, or consequential loss) arising from or in connection with your use of the Site or reliance on any information contained on it.
  • Ness Capital's total liability for any claim arising out of or in connection with these Terms of Use or the use of the Site is limited to the amount of AUD $100.
  • We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

These limitations do not apply to liability that cannot be excluded by law, including liability under the Australian Consumer Law for goods and services actually supplied.

6. Intellectual Property

All content on nesscapitalpty.site — including but not limited to text, graphics, logos, icons, images, and software — is the intellectual property of Ness Capital Pty Ltd or its licensors. It is protected by Australian and international copyright, trademark, and other intellectual property laws.

You may:

  • View and temporarily download content for personal, non-commercial use.
  • Share links to pages on the Site, provided you do not frame or embed the content within another site.

You may not:

  • Reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from the Site without our prior written consent.
  • Use the Ness Capital name, logo, or trademarks in any manner that implies endorsement, sponsorship, or affiliation without our express written permission.

7. User Conduct

When using the Site, you agree not to:

  • Use the Site for any unlawful purpose or in any way that could damage, disable, or impair the Site.
  • Attempt to gain unauthorised access to any part of the Site, its servers, or connected systems.
  • Transmit any viruses, malware, or other harmful code.
  • Interfere with any other person's use and enjoyment of the Site.
  • Collect or harvest personal information of other users without their consent.

8. Third-Party Links

The Site may contain links to third-party websites or resources. These are provided for convenience only and do not signify endorsement. Ness Capital is not responsible for the content, accuracy, or practices of any third-party site. You access third-party sites at your own risk.

9. Privacy

Our collection, use, and handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices.

10. Termination

We reserve the right to terminate or restrict your access to the Site at any time, without notice, for any reason, including breach of these Terms of Use.

Any provisions of these Terms that by their nature should survive termination — including but not limited to intellectual property, limitation of liability, and governing law clauses — will remain in full force and effect after termination.

11. Indemnity

You agree to indemnify and hold harmless Ness Capital Pty Ltd, its officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms or your use of the Site.

12. Variation

Ness Capital reserves the right to amend these Terms of Use at any time. Changes will be published on this page with an updated "Last updated" date. Your continued use of the Site after any changes constitutes acceptance of the revised terms. We encourage you to review this page periodically.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision will be replaced by a valid provision that most closely reflects the intent of the original.

14. Governing Law and Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the State of Western Australia and the Commonwealth of Australia. You agree that any dispute arising out of or in connection with these Terms will be submitted to the exclusive jurisdiction of the courts of Western Australia.

15. Contact

For questions or concerns about these Terms of Use, please contact us at:

Ness Capital Pty Ltd
ABN 78 697 717 150
ACN 697 717 150
Western Australia 6017
Email: ceo@nesscapitalpty.site
Website: nesscapitalpty.site

Have questions about these terms?

Contact our team for clarification on any aspect of these terms of use.

Email Our Team