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Upon entering this Website, you will be deemed to have understood and agreed with each of Dalrymple Bay Finance Pty Ltd (ABN 76 097 955 934) (the “Issuer”) Dalrymple Bay Investor Services Pty Ltd (ABN 11 052 156 082) as trustee of the DBT Trust (“DBT Trust”) and Dalrymple Bay Infrastructure Management Pty Ltd (ABN 16 097 698 916) (“DBIM”) and their related entities (including Dalrymple Bay Infrastructure Limited (“DBI”)) (collectively the “DBIM Group”) (together with their respective directors, officers, agents, employees and representatives, “Representatives”) to the following conditions to your access to this Website (this “Agreement”), and each subsequent use of this Website by you will constitute your reaffirmation of this Agreement. For purposes of this Agreement, the term “You” means collectively the entity accessing this Website and such entity’s and his or her institution’s directors, officers, agents, employees, representatives and affiliates. If You do not intend to be bound by this Agreement, (a) do not attempt to enter this Website , and (b) contact the Issuer promptly to request that Your access to this Website be disabled. The Website contains summary information about the DBIM Group and activities current only as the date of the relevant document, unless otherwise stated. This information does not purport to be complete and is provided for information purposes only. It should be read in conjunction with DBI’s periodic and continuous disclosure announcements lodged with the Australian Securities Exchange, which are available at www.asx.com.au.
Confidentiality
Unless otherwise specified, any and all information that is obtained from, or referenced in, this Website, and any additional information that may be provided to You that refers or relates to information on this Website, or to be used by You solely for Your reference to assist You to make a decision as to whether to participate in a financing transaction for the Issuer, (any such actual or potential transaction, whether or not consummated), (a “Transaction”), or relates to DBIM Group (all such information, collectively, “Information”), is being furnished by the DBIM Group or its Representatives, on a confidential basis to be used only by You in connection with Your participation in a Transaction. By retaining any Information, each recipient maintains the Information as confidential and must not:
•release or disclose the Information to any other person without the prior written approval of the DBIM Group;
•reproduce or circulated to any other party; or
•use this Information or any other Information provided by the DBIM Group for any other purpose.
If requested by the DBIM Group, a recipient must promptly return all copies of the Information to the DBIM Group. If any person receives this Information in error or in breach of these confidentiality restrictions then each recipient must securely destroy it or delete it immediately.
No Advice
The Information contained in this Website is not intended to constitute legal, tax or accounting advice or opinion. No representation or warranty by the DBIM Group, express or implied, is made as to the accuracy, completeness, fairness, correctness or thoroughness of the Information contained in the Website. Any recipient should consult with its own legal, tax or accounting advisers as to the accuracy and application of the Information contained in the Website. The recipient should conduct its own due diligence and other enquiries in relation to such Information. Each recipient is responsible for making its own examination of the DBIM Group and its own assessment of the merits and risks of any prospective financing transaction.
Not an Offer
The Information in the Website is not, and does not constitute, or form any part of, an offer to sell or issue, or the solicitation, invitation or recommendation to purchase any DBIM Group securities or any other financial products.
Not financial product advice
Reliance should not be placed on the Information or opinions contained in the Website. This Information contained in the Website is for informational purposes only and is not financial product or investment advice or a recommendation to acquire DBIM Group securities and does not take into consideration the investment objectives, financial situation or particular needs of any particular investor.
Each recipient should make its own assessment of an investment in the DBIM Group. In all cases, each recipient should conduct its own research of the DBIM Group and analysis of the financial condition, assets and liabilities, financial position and performance, profits and losses, prospects and business affairs of the DBIM Group and its business, and the contents of this Website. Each recipient should seek legal, financial, tax and other advice appropriate to their jurisdiction.
Past performance
Past performance Information given in this Website is given for illustrative purposes only and should not be relied upon as an indication of (and gives no guidance as to) future performance.
Forward Looking Statements and Future Performance
The Website may contain certain forward-looking statements with respect to the future financial position and performance, results of operations and business and business strategy of the DBIM Group and may include statements in relation to climate change and energy transition scenarios. These forward-looking statements reflect DBI’s expectation as at the date of the relevant document, unless otherwise stated (including with respect to its strategies and plans regarding climate change), and are not guarantees or predictions of future performance, outcomes, or statements of facts. Forward-looking statements can be identified by the use of forward-looking words such as “expect”, “anticipate”, “likely”, “intend”, “could”, ”should”, “may”, “predict”, “plan”, “goals”, “aim”, “propose”, “will”, “believe”, “forecast”, “estimate”, “target”, “outlook”, “guidance” and other similar expressions or, in each case, their negative or other variations or comparable terminology and include, but are not limited to, forecasts of financial position, business strategy, plans and objectives of management for future operations (including development plans and objectives). The Website may also contain financial projections which are based on estimates by the DBIM Group of future financial performance. These forward-looking statements include all matters that are not historical facts. Forward-looking statements, opinions, estimates and projections provided in the Website are based on assumptions and contingencies which are subject to change without notice. Such forward-looking statements, opinions, estimates and projections are not guarantees or predictions of future performance and involve known and unknown risks and uncertainties and other factors, many of which are outside the control of the DBIM Group and may involve significant elements of subjective judgment and assumptions as to future events which may or may not be correct.
There can be no assurance that actual outcomes will not materially differ from these forward-looking statements, opinions, estimates and projections. A number of important factors could cause actual results or performance to differ materially from such forward-looking statements, opinions, estimates and projections, including those described in this Website, and among other things, the following: (i) general economic and business conditions; (ii) trends and business conditions in the coal export industry; (iii) changes in exchange rates, including the rates of exchange between United States dollars and Australian dollars; (iv) changes in interest rates; (v) competition; (vi) changes in the strategies and plans of the DBIM Group regarding business development; (vii) litigation activity; (viii) compliance with, and potential changes to, governmental regulations related to the environment, employee safety and welfare and other matters related to regulation or the operations of the DBIM Group; (ix) change of government and policy. The foregoing list of factors is not exhaustive. When evaluating forward-looking statements or financial forecasts to make decisions with respect to any potential financing transaction or investment, the recipient should carefully consider the foregoing factors and other uncertainties and potential events. The members of the DBIM Group expressly disclaims any obligation to update any forward-looking statement (including climate-related scenario analysis), whether written or oral, that may be made from time to time by the DBIM Group or on their behalf. The forward-looking statements in this Website reflect views held only at the date of the relevant document, unless otherwise stated. Recipients are cautioned not to place undue reliance on forward-looking statements, opinions, estimates and projections.
No representation or warranty, express or implied, is made as to the fairness, accuracy, completeness or correctness of the Information, opinions and conclusions contained in this Website. To the maximum extent permitted by law, none of the DBIM Group or DBI, their directors, employees or agents, nor any other person accepts any liability, including, without limitation, any liability arising out of fault or negligence, for any loss arising from the use of this Website or the Information contained in the Website. In particular, no representation or warranty, express or implied is given as to the accuracy, completeness or correctness, likelihood of achievement or reasonableness of any forecasts, prospects or returns contained in this Website. Before making any investment decision, each recipient should consider, with the assistance of a financial adviser, whether an investment is appropriate in light of its particular investment needs, objectives and financial circumstances.
Industry and market data
The DBIM Group has commissioned AME Mineral Economics Pty Ltd (AME) to provide certain information which has been included in this Website. Information provided by AME is referred to as ‘AME’. Such information uses market data, statistics and third-party estimates, projections and forecasts relating to the industries, segments and end markets in which the DBIM Group operates. Such information includes, but is not limited to statements, statistics and data relating to product segment and market share, estimated historical and forecast market growth, market sizes and trends, and the DBIM Group’s estimated market share and its industry position. The DBIM Group has obtained the market data, statistics and other information from databases and research prepared by third parties, including reports and information prepared by the AME and other third parties, and other sources. AME has advised that (i) information in their databases is derived from their estimates, subjective judgements and third-party sources, (ii) the information in the databases of other coal industry data collection agencies will differ from the information in their databases, (iii) forecast information is highly speculative and no reliance may be placed on this data. In the compilation of the AME, statistical and graphical information may be inaccurate and may contain errors of fact and judgement. It is subject to full validation and the provision of such information requires investors to make appropriate further enquiries. Investors should note that market data and statistics are inherently predictive, subject to uncertainty and not necessarily reflective of actual market conditions. There is no assurance that any of the third-party estimates or projections contained in this Information, including information provided by AME, will be achieved.
The DBIM Group has commissioned Wood Mackenzie to provide certain information which has been included in this Website. The data and information provided by Wood Mackenzie should not be interpreted as advice and You should not rely on it for any purpose except as expressly permitted by Wood Mackenzie in writing. To the fullest extent permitted by law, Wood Mackenzie accepts no responsibility for Your use of this data and information except as specified in a written agreement You have entered into with Wood Mackenzie for the provision of such data or information.
The DBIM Group has not independently verified, and cannot give any assurances to the accuracy or completeness of, these market and third-party estimates and projections. Estimates involve risks and uncertainties and are subject to change based on various known and unknown risks, uncertainties and other factors. No representation or warranty, express or implied, is made as to the fairness, accuracy, completeness or correctness of the Information, opinions and conclusions contained in this Website. To the maximum extent permitted by law, none of the DBIM Group or DBI, their directors, employees or agents, nor any other person accepts any liability, including, without limitation, any liability arising out of fault or negligence, for any loss arising from the use of the Information contained in this Website. In particular, no representation or warranty, express or implied is given as to the accuracy, completeness or correctness, likelihood of achievement or reasonableness of any forecasts, prospects or returns contained in this Website nor is any obligation assumed to update such Information. Such forecasts, prospects or returns are by their nature subject to significant uncertainties and contingencies.
Financial data
All figures in the Website are Australian dollars ($ or A$) unless stated otherwise. A number of figures, amounts, percentages, estimates, calculations of value and fractions in this Website are subject to the effect of rounding. Accordingly, the actual calculation of these figures may differ from the figures set out in this Website.
Credit Ratings
A credit rating is not a recommendation to buy, sell or hold the notes and may be subject to revision, suspension or withdrawal at any time by the assigning rating agency.
Credit ratings are for distribution only to a person (a) who is not a “retail client” within the meaning of section 761G of the Corporations Act 2001 (Cth) (Corporations Act) and is also a sophisticated investor, professional investor or other investor in respect of whom disclosure is not required under Part 6D.2 or 7.9 of the Corporations Act, and (b) who is otherwise permitted to receive credit ratings in accordance with applicable law in any jurisdiction in which the person may be located. Anyone who is not such a person is not entitled to receive the Information in this Website and anyone who receives this Information must not distribute it to any person who is not entitled to receive it.
No prospectus
The Information in this Website is not a prospectus or other disclosure document for the purposes of the Corporations Act. It has not been and will not be lodged with ASIC and it is not required to, and does not, contain all the information that would be contained in a prospectus or disclosure statement. A person may not (directly or indirectly) make or invite an offer for the issue, sale or purchase of the notes in Australia (including an offer or invitation which is received by a person in Australia) or distribute or publish this Information or any other offering material or advertisement relating to the notes in Australia unless (a) the minimum aggregate consideration payable by each offeree or invitee upon acceptance of the offer or invitation is at least A$500,000 (or its equivalent in another currency, in either case disregarding any amount paid or payable out of moneys lent by the offeror or its associates) or the offer or invitation otherwise does not require disclosure to investors in accordance with Part 6D.2 or Part 7.9 (as appropriate) of the Corporations Act; (b) the offer or invitation is not to a “retail client” for the purposes of section 761G of the Corporations Act and (c) such action complies with all applicable laws and regulations and does not require any document to be lodged with ASIC.
The distribution of any of the Information contained in the Website may be restricted by law in certain other jurisdictions, and any person into whose possession any document containing the Information contained in the Website or any part of it comes should inform themselves about, and observe, any such restrictions. The Information contained in this Website is not for publication, release or distribution, directly or indirectly, in whole or in part, in any jurisdiction in circumstances where it would be unlawful to do so.
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