Forensic Analytics – Disclaimer

Terms & Conditions Refer a friend

Client Referral Program Terms & Conditions

1.The Payton Capital Client Referral Program 2022 (the ‘Program’) is offered by Payton Capital Ltd ABN 13 163 122 478 (‘Payton’, ‘we’, ‘our’, ‘us’) and remains open between 1 July 2022 and 31 July 2022 (hereinafter known as the “Program Period”). By participating in the Program, the Referrer (‘you’) agree to these terms and conditions. The Referrer and referee will both receive a bonus (‘Reward’) for the participation and subsequent qualification in this Program.

Referrers Representations
2. By taking part in this Program, you represent and warrant that each prospect presented by you (your “referee”) has specifically consented to:
• Your disclosure of their personal contact details to us; and
• Us contacting them by phone and email in relation to investment opportunities offered by us and our subsidiaries (the ‘Payton Group’).
It is your responsibility to obtain your referee’s consent and you acknowledge and agree that we are relying on you having obtained this consent for the purposes of our compliance with the Privacy Act 1988 (Cth) and the Australian Privacy. We are not liable for any losses whatsoever and howsoever caused, arising from our contract with your referee(s) for the purposes described above.
3. You confirm and acknowledge that we will verify that your referee has been advised, that:
• In the event that your referee invests over AUD$100,000 in a Payton fund, being the Payton Select Investment Fund or Payton Pooled Investment Fund, you will receive a $500 gift voucher (which will not be redeemable for cash) or cash to a nominated bank account. The referee will also receive a Reward of either a $500 gift voucher or cash to a nominated bank account.

$500 Reward 
4. You have the option of selecting from one of the following:
• David Jones Voucher, or
• Cash transferred to a nominated bank account
Alternatively, the Voucher or cash can be forfeited for a tax-deductible donation to the Payton Foundation.
5. Your preferred Reward will be mailed to your nominated address within one (1) week of your referee investing over AUD$100,000 in a Payton fund.
6. To be eligible for the Reward, your referee must invest a minimum of AUD$100,000 with either Payton fund within the month of July 2022.
7. The Reward will be mailed to the referee’s nominated address within one (1) week of investing over AUD $100,000 in the Payton Direct Investment opportunity.

Eligible Referees
8. The Referee must be a wholesale investor and has read the Payton Select Investment Fund Information Memorandum dated 3 September 2021 with the Supplementary Information Memorandum, as these documents must be read together, or the Payton Pooled Investment Fund Information Memorandum dated 13 January 2021, as well as completing the relevant application form and providing the required certified identification documents. We reserve the right to reject the referee’s application for any reason at our absolute discretion.
9. The following persons and entities are not eligible referees for the purpose of this Program:
• Self-referrers;
• Entities who have, prior to the application, applied to receive services from the Payton Group (an ‘existing customer’);
• Entities applying to invest jointly with an existing customer and/or the director, trustee, shareholder, or person with ownership or control of an existing customer;
• Entities with ownership or control, in whole or in part, of an existing customer;
• Entities owned or controlled, in whole or in part, by an existing customer;
• Entities owned or controlled, in whole or in part, by the directors, trustees or shareholders of an existing customer.
For the avoidance of doubt, only the first application received from a person or joint persons will be eligible to receive a Reward under this Program. All further applications received from entities controlled by or in control of that person or persons, will not be eligible for Reward.
10. If more than one eligible Referrer refers the same referee within the Program Period, the Referrer whose referral is received by us first in time and with sufficient details to allow us to contact the referee will be entitled to the Reward.

Use of Offer
11. You may only use our Program in good faith for lawful purposes and must not use the Program in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect, including the knowing circumvention of these terms and conditions.
12. This offer may not be accepted in conjunction with any other introducer’s fee, commission or payment for introduction, given to you by us or the Payton Group.
13. You must not and we do not authorise you to, promote the features or any aspect of any product issued or distributed by us or the Payton Group.
14. You must not, and we do not authorise you to, engage in any referral activity under this Program for business purposes. You must not, and we do not authorise you to, market or promote the Program or the Payton Group through paid advertising or to the public at large or engage in any activity that would contravene the Spam Act 2003 (Cth).

Generic Terms and Conditions
15. Our full disclaimers, terms and conditions apply to individual products and investment services.
16. The eligible Referrer and referee will assume and be solely responsible for any and all taxes of any jurisdiction or governmental or regulatory authority in connection with the Program; including, without limitation, to any fulfilment of gifts.
17. We are not liable if we are unable to perform our obligations under these terms and conditions, due directly or indirectly to the failure of any machine or communication system, industrial dispute, war, Act of God or anything outside the control of or our servants or agents.
18. Information collected through this Program may be used in the operation and marketing of our products and services. You and your referees may receive via email, Program news, service updates and other useful information about Payton Group products and services. You and your referees may choose at any point tounsubscribe from these mailings.
19. This document and promotion does not constitute the distribution of any information or the making of any offer or solicitation by anyone in any jurisdiction inwhich such distribution or offer is not authorised or to any person to whom it is unlawful to distribute such documents or make any offer or solicitation.