Effective Date: 15 April 2026 |
Last Reviewed: 15 April 2026 |
Jurisdiction: Western Australia, Australia
1. Definitions
In these Terms and Conditions:
- "ACL" means the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
- "Company", "we", "us", or "our" means Manesh Investment Holdings Pty Ltd (ABN 84 697 004 792 / ACN 697 004 792);
- "Client", "you", or "your" means any person or entity accessing our website or engaging our services;
- "Services" means the investment holding, portfolio management, investment advisory, wealth preservation, risk assessment, and strategic planning services offered by the Company;
- "Website" means maneshiinvestmentholdingspty.site and all associated pages;
- "Governed Law" means the laws of the State of Western Australia and the Commonwealth of Australia.
2. Acceptance of Terms
By accessing or using our Website, or by engaging our Services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms, you must not use our Website or engage our Services.
We may amend these Terms from time to time. Updated versions will be published on our Website with a revised effective date. Your continued use of our Website or Services after any changes constitutes acceptance of the amended Terms.
3. Australian Consumer Law
These Terms are subject to the guarantees, rights, and remedies conferred by the ACL and other applicable Commonwealth, State, and Territory consumer protection legislation that cannot be excluded, restricted, or modified by agreement ("Non-Excludable Guarantees").
Where the Company supplies Services to a person who acquires the Services for personal, domestic, or household use or consumption ("Consumer"), the following provisions apply:
- Nothing in these Terms excludes, restricts, or modifies any Non-Excludable Guarantee;
- Where the Company breaches a Non-Excludable Guarantee in relation to Services and the Consumer is entitled to a remedy under the ACL, the Company will, at the Consumer's election and to the extent permitted by the ACL: (a) supply the Services again; or (b) pay to the Consumer the cost of having the Services supplied again;
- Where the Company is entitled to limit its liability under the ACL for a breach of a Non-Excludable Guarantee, the Company's liability is limited, at the Company's option, to: (a) the resupply of the Services; or (b) the payment of the cost of having the Services supplied again.
If you are a Consumer, you may also have rights under the ACL relating to Services that fail to meet a guarantee, including the right to a refund, repair, or replacement in certain circumstances. Nothing in these Terms is intended to deprive you of those rights.
4. Services
The Company provides investment holding, portfolio management, investment advisory, wealth preservation, risk assessment, and strategic planning Services as described on our Website and in any engagement letter or service agreement between the Company and the Client.
To the extent permitted by law:
- Our Services are provided on an "as is" and "as available" basis;
- We do not guarantee any particular investment return, outcome, or financial result;
- Any information, opinion, or forecast provided as part of our Services is general in nature and does not constitute personal financial advice unless expressly agreed in a written financial services agreement;
- Past performance is not a reliable indicator of future performance;
- Client decisions to act on any information or advice provided by the Company are made at the Client's own risk.
5. Client Obligations
By engaging our Services, you agree to:
- Provide accurate, complete, and current information as reasonably required by the Company;
- Notify the Company promptly of any material change to your circumstances, financial situation, or investment objectives;
- Comply with all applicable laws, including anti-money laundering and counter-terrorism financing legislation;
- Not use our Services for any unlawful or fraudulent purpose;
- Pay all fees, charges, and amounts due under any applicable service agreement in a timely manner;
- Seek independent legal, tax, and financial advice where appropriate.
6. Fees and Payment
Fees for our Services will be set out in a separate engagement letter, service agreement, or fee schedule agreed between the Company and the Client.
Unless otherwise agreed in writing:
- All fees are quoted in Australian dollars (AUD) and are inclusive of GST where applicable;
- Payment is due within 30 days of the date of invoice;
- The Company reserves the right to charge interest on overdue amounts at a rate of 2% per annum above the Reserve Bank of Australia cash rate, calculated from the due date until payment is received in full;
- The Company may recover reasonable debt recovery costs for overdue payments.
7. Limitation of Liability
Subject to the Non-Excludable Guarantees under the ACL and any other rights that cannot be excluded by law:
- The Company's total aggregate liability arising out of or in connection with these Terms or the Services, whether in contract, tort (including negligence), statute, or otherwise, is limited to the greater of: (a) the total fees paid or payable by the Client to the Company in the 12-month period preceding the claim; and (b) AUD $50,000;
- To the maximum extent permitted by law, the Company disclaims all liability for any indirect, incidental, special, consequential, or punitive losses or damages, including but not limited to loss of profits, loss of revenue, loss of opportunity, loss of data, or loss of goodwill, arising out of or in connection with these Terms or the Services;
- The Company is not liable for any loss or damage caused by factors outside its reasonable control, including but not limited to market fluctuations, legislative changes, force majeure events, or the acts or omissions of third parties;
- The Client acknowledges that investment involves inherent risks and that the value of investments may go down as well as up.
8. Intellectual Property
All intellectual property rights in the Website, its content, and the materials provided as part of the Services — including but not limited to text, graphics, logos, icons, images, data compilations, software, trade marks, and the design and layout of the Website — are owned by or licensed to the Company.
You may not, without our prior written consent:
- Reproduce, distribute, modify, create derivative works from, publicly display, or publicly perform any content from the Website;
- Use any trade mark, trade name, logo, or brand identifier of the Company, including "Manesh Investment Holdings" and the MI logo;
- Reverse-engineer, decompile, or disassemble any software or technology used in connection with the Website or Services;
- Remove, alter, or obscure any intellectual property notices on the Website or in any materials provided by the Company.
The Company grants the Client a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and any materials provided as part of the Services for the Client's own personal or business purposes, subject to these Terms.
9. Confidentiality
Each party agrees to keep confidential all information received from the other party that is designated as confidential or that reasonably ought to be understood as confidential ("Confidential Information").
Confidential Information must not be disclosed to any third party without the prior written consent of the disclosing party, except:
- As required by law, court order, or regulatory authority;
- To professional advisers under an obligation of confidence;
- Where the information is already publicly available through no fault of the receiving party.
10. Termination
Either party may terminate the provision of Services by providing 30 days' written notice to the other party.
The Company may terminate or suspend the provision of Services immediately by written notice if the Client:
- Commits a material breach of these Terms or any service agreement and fails to remedy the breach within 14 days of receiving notice requiring remedy;
- Commits a breach of these Terms that cannot be remedied;
- Becomes insolvent, enters into bankruptcy, enters into administration, or has a receiver or liquidator appointed;
- Engages in fraud, dishonesty, or conduct that brings the Company into disrepute;
- Fails to pay any amount due within 30 days of the due date after receiving notice of the overdue amount.
Upon termination:
- All outstanding fees and expenses become immediately due and payable;
- Each party must return or destroy the other's Confidential Information within 14 days;
- Any licence granted under these Terms terminates immediately;
- Provisions that by their nature should survive termination — including clauses 1 (Definitions), 7 (Limitation of Liability), 8 (Intellectual Property), 9 (Confidentiality), 11 (Dispute Resolution), 12 (Governing Law), and this clause 10 — survive termination.
11. Dispute Resolution
If a dispute arises out of or in connection with these Terms, the parties agree to the following procedure:
- The complaining party must give written notice to the other party, providing full details of the dispute;
- The parties must attempt in good faith to resolve the dispute through negotiation within 30 days of the notice being received;
- If negotiation is unsuccessful, the parties agree to submit the dispute to mediation administered by the Law Society of Western Australia before commencing any legal proceedings;
- Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.
12. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Western Australia and the Commonwealth of Australia.
The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Western Australia and the Federal Court of Australia in respect of any proceedings arising out of or in connection with these Terms.
13. General
- Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect. The invalid or unenforceable provision is to be read down to the maximum extent permitted by law.
- Waiver: A failure or delay by the Company in exercising any right, power, or privilege under these Terms does not operate as a waiver. A single or partial exercise of any right does not preclude any other or further exercise of that or any other right.
- Entire Agreement: These Terms, together with any applicable service agreement or engagement letter, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements (whether oral or written) relating to the subject matter.
- Assignment: The Client may not assign or transfer any rights or obligations under these Terms without the prior written consent of the Company. The Company may assign its rights and obligations without the Client's consent, provided the assignee agrees to be bound by these Terms.
- Notices: All notices under these Terms must be in writing and sent by email to ceo@maneshiinvestmentholdingspty.site or by post to the Company's registered address in Western Australia.
- Relationship: These Terms do not create a partnership, joint venture, agency, or employment relationship between the parties.
14. Contact
For any questions or notices regarding these Terms and Conditions, please contact: