Legal

NAME CHANGE ADVICE

Nexus Initiative is now Beckon Capital.

When we began our mission, our Company was named Nexus Initiative Pty Ltd by our founders, and our first pilot fund was named Nexus Initiative Impact Enterprise Fund No. 1.

Now we have grown, and our team clearly understands who we are and what needs to be achieved, we have changed our name and brand to express our unique take on mobilising capital and amplifying ingenuity. In October 2020 we launched our new brand, Beckon Capital.

We changed our legal name from Nexus Initiative Pty Ltd to Beckon Capital Pty Ltd. The company remains the same, our ABN remains the same, and all our rights and obligations remain the same. Accordingly, we changed the name of our first fund from Nexus Initiative Impact Enterprise Fund No. 1 to Beckon Capital Impact Enterprise Fund No. 1.

If you have any questions about our name change, please email hello@beckon.capital.

****OUR TERMS AND CONDITIONS

Please read all terms and conditions below carefully before you use this website. These terms and conditions apply each time you access or use this website. If you do not agree to all of these terms and conditions, you must immediately cease using this website and any information contained on this website. By accessing and using this website, you agree to be bound by this legal notice and all terms and conditions set out below. In particular, you acknowledge:

that you have read and accept this legal notice;

if you are a potential investor in Beckon or Beckon Funds, that you are a Wholesale Investor in accordance with section 761G of the Corporations Act 2001 (Cth);

you agree to be bound by the terms and conditions contained in this disclaimer; and

that you will access and use the information without breaching any laws, rules, directives, regulations, or any other restrictions that apply in your local jurisdiction.

The content of this website (the “Information”) is issued by Beckon Capital Pty Limited (ABN 49 628 013 678), authorised representative No. 001280538 of Fundhost Limited (ABN 69 092 517 087, AFSL No. 233045) (“Beckon”) unless expressly stated otherwise. Beckon may change these terms and conditions at any time without notice to you. By continuing to access or use the website you accept any changed terms as they may apply from time to time. It is your responsibility to regularly check this disclaimer for any amendments.

In this disclaimer, references to “we”, “us” and “our” refer to Beckon and references to “you” and “your” refer to each user of this website.

The information on this website for investors and potential investors is directed only at persons to whom we can legally provide the Information in the jurisdictions in which they are located. In Australia this means wholesale investors in accordance with section 761G of the Corporations Act 2001 (Cth) (“Wholesale Investor”). If you are not such a person, or are unsure, please take no further action in relation to this website without taking advice.

Beckon does not warrant that it holds any authorisations or approvals required in all jurisdictions where the Information may be accessed. Beckon does not and has no intention to offer or sell any funds, products or services in any jurisdiction where such an offer or sale would be unlawful under the relevant domestic law. You must satisfy yourself as to the laws which are in force in your jurisdiction and that access to the Information accords with the laws of your particular jurisdiction.

This material is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. Any products and services described in this website are only available to persons in jurisdictions in which Beckon is permitted to market and sell such products and services.

GENERAL INFORMATION ONLY The Information provides general information only and does not take into account your individual objectives, financial situation, needs or circumstances. You should assume all information about investing in Beckon or Beckon Funds is written and prepared for large and experienced institutional investors with the highest degree of financial sophistication and knowledge and the capacity to withstand and assess any financial losses. Before making any investment decision, you should therefore assess whether the material is appropriate for you and obtain financial advice tailored to you having regard to your individual objectives, financial situation, needs and circumstances.

The Information is only intended to provide a general overview of the matters with which it deals. The Information is not intended to be comprehensive, nor does it purport to constitute legal, tax, financial product or investment advice. All Information available on this website should be assessed in consultation with your investment, financial, tax, accounting and legal advisors. To the extent that the Information on this website relates to a Beckon Fund into which an investor may invest, the Information is qualified in its entirety by the reference to the applicable Offer Document (as described below) of the relevant Beckon Fund and must be read in conjunction with that Offer Document in order to fully understand all of the implications and risks of investing in that Beckon Fund. The achievement of any or all goals of any investment that may be described herein is not guaranteed. Risks of Beckon Funds and Beckon investment programs typically include but are not limited to:

  • assets of Beckon Funds have limited liquidity;
  • no public market currently exists, and one may never exist for interests in Beckon Funds;
  • distributions are uncertain;
  • a return on your investment is not guaranteed and you may lose all or a substantial amount of your investment;
  • substantial fees and expenses are typically paid to an offerings advisor, its affiliates and participating broker dealers;
  • unfavourable economic conditions in the markets in which Beckon Funds operate could adversely affect your investment; and
  • assets acquired with leverage have risks including loss of value and limits on flexibility needed if there are changes in the business or industry.

For a more detailed list of applicable risk factors, please read the relevant Offer Document carefully and consult your own investment, financial, accounting, legal and tax advisors prior to undertaking an investment in interests in a Beckon Fund. An investment in any of these investment programs should be made only after careful review of the risk factors described in the Offer Document.

Prospective investors should conduct their own investigation and analysis of an investment with Beckon and the Information and make their own assessment of the appropriateness of the Information and any proposed investment having regard to their own objectives, financial situation and needs, independently and without reliance on Beckon or its directors, employees, agents and affiliates. In addition, prospective investors are strongly urged to consult their own legal counsel and financial, accounting, regulatory and tax advisers before making any investment decisions.

NO OFFER OR ADVICE The Information is general in nature and is provided for informational purposes only. It does not constitute legal, tax, financial product or investment advice and does not constitute a recommendation, solicitation, or offer of any securities, product or service and should not be relied upon as securities advice. The Information does not contain anything in it that forms the basis of any contract or commitment. No consideration has been given to the impact of any tax and revenue laws on investors. Investors should consult their own tax advisers in relation to any such consequences.

The Information is not a securities recommendation or an offer or solicitation with respect to the purchase or sale of any securities in any jurisdiction.

Additionally, the Information on this website does not constitute a representation that the solutions described herein are suitable or appropriate for any person.

All forward-looking statements should be evaluated with an understanding of their inherent uncertainty and are not a guarantee of future performance, and actual results, performance or achievements may vary materially from those expressed or implied. Forward looking statements in the Information involve known and unknown risks and uncertainties and other factors which may be beyond the control of Beckon. Investors are reminded that past performance is not a reliable indication of future returns and is not constant over time.

OFFER DOCUMENTS Any potential investor should consider the latest product disclosure statement, prospectus, information memorandum, confidential or private placement memorandum or other offer document (“Offer Documents”) before deciding whether to acquire, or continue to hold, an investment in any Beckon Fund. Offer Documents can be obtained by contacting Beckon at hello@beckon.capital

NO WARRANTY To the extent permitted by law, this website, the Information and any services provided via this website are provided “as is" and without representations or warranties of any kind (either express or implied) including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. If any statute implies terms into this disclaimer which cannot be lawfully excluded, then those terms will apply and, to the extent permitted by law, the liability of Beckon for breach of any such term will be limited (at the option of Beckon) to resupply of the services or payment of the cost of resupply.

Beckon and its officers, employees and agents believe that the information in this material and the sources on which the information is based (which may be sourced from third parties) are correct as at the date of publication. While every care has been taken in the preparation of this material, no warranty of accuracy or reliability is given and no responsibility for this information is accepted by Beckon or its officers, employees or agents. Except where contrary to law, Beckon excludes all liability for this information.

Beckon assumes no responsibility for, and makes no warranty that, functions contained at this site will be uninterrupted or error-free, that defects will be corrected, that the website is suitable for any particular purpose or has any performance, functionality or security features, or that the site or the server that makes it available will be free of viruses or other harmful components. While Beckon will use reasonable endeavours to ensure that its site is free from viruses or other harmful components, you must take your own precautions to ensure that the way you access and use this website, or any linked website does not expose you to viruses or other harmful components that may damage your own computer or other IT infrastructure. Beckon is not responsible or liable for any damage caused by any virus or other harmful component, whether or not that virus or other harmful component resulted from you accessing this site or any linked website. You are responsible for the cost of all services, repairs and corrections that must be performed on your computer on account of your accessing this site or any linked website.

LIMITATION OF LIABILITY To the extent permitted by law, Beckon will not be liable for loss or damage of any kind whatsoever arising as a result of any opinion, advice, recommendation, representation or information expressly or impliedly contained on this website or any linked website notwithstanding any negligence, default, or lack of care by it or that such loss or damage was foreseeable.

INVESTMENTS ARE SUBJECT TO RISK Any investment is subject to investment risk, including delays on the payment of withdrawal proceeds and the loss of income or the principal invested. While any forecasts, estimates and opinions in this material are made on a reasonable basis, actual future results and operations may differ materially from the forecasts, estimates and opinions set out in this material. No guarantee as to the repayment of capital or the performance of any product or rate of return referred to in this material is made by Beckon or its affiliates.

LINKS TO MATERIAL This material may contain links to third party websites. Beckon does not control and is not responsible for the information contained within these websites. None of these links imply Beckon’s support, endorsement or recommendation of any other company, product or service, nor do they necessarily indicate any affiliation between us and such parties or businesses.

If you access any linked website through this website or because it is referred to in this website, you do so at your own risk.

NO REPRODUCTION No part of this material may be reproduced or distributed in any manner without the prior written permission of Beckon.

INTELLECTUAL PROPERTY Nothing contained on this site should be construed as granting any licence or right of use of any other person's or entity's trade mark which is displayed on this site without their express permission.

APPLICABLE LAW These terms and conditions will be governed by and construed in accordance with the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts competent to hear appeals from those courts.

Privacy PRIVACY POLICY Beckon Capital Pty Limited (ABN 49 628 013 678), authorised representative No. 001280538 of Fundhost Limited (ABN 69 092 517 087, AFSL No. 233045). (“Beckon”, “we”, “us”, and “our”)

Beckon is committed to ensuring the confidentiality and security of your personal information and acting in accordance with your rights under data protection law.

We respect your privacy and we are committed to protecting your privacy. We are bound by, and committed to supporting, the Privacy Act 1988 (Cth). This privacy policy (“Privacy Policy”) explains the way we collect, maintain and handle your personal information.

INFORMATION WE COLLECT In the course of our activities, we collect and hold personal information about you. We will only collect personal information that is necessary to provide our products and services to you, including information needed to comply with legal and regulatory requirements.

We may collect the following types of personal information:

name;

email address, mailing or street address and other contact details;

date of birth;

information to verify your identity such as your driver’s licence number;

tax file number;

bank account details to enable payment of distributions or redemptions; and

information about other products or services of ours or any related body corporate that you may hold or use.

We are required to collect your name, address, date of birth and other verification information under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). We are authorised to collect tax file numbers under tax laws and the Privacy Act.

METHOD OF COLLECTION OF PERSONAL INFORMATION We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect in ways including:

from your completion of application forms for our products;

though your use of our website; and

during communications between you and our representatives; and

from our conduct of marketing activities.

We may also collect personal information from third parties including your financial or other professional advisor or authorised representative.

IF WE CANNOT COLLECT YOUR PERSONAL INFORMATION If we do not obtain all the information we need from you, some or all of the following may happen:

we may not be able to provide you with and subsequently administer some or all our products or services; or

we may not be able to provide you with information about our products and services.

HOW YOUR PERSONAL INFORMATION IS USED For potential investees and investees, we will only use your personal information for the purpose of:

assessing whether or not we will invest in you

communicating with you about your business

monitoring, auditing, evaluating and otherwise administering our products and services

providing you with access to protected areas of our website

allowing you to connect with other potential investees

educational process about your business plan and capital raising

provide continuous service to you and to conduct business processing functions including by providing personal information to our related bodies corporate, contractors, service providers or other third parties;

to manage conflicts of interest; and

assist with the administrative, marketing (including direct marketing), planning, product or service development, quality control or research purposes of Beckon and its contractors and service providers.

For potential investors and investors, we will only use your personal information for the purpose of providing you with our investment products and services. In managing your investment for you, we will use your personal information to:

assess your application and provide our products and services to you;

communicate with you in relation to your investment;

monitor, audit, evaluate and otherwise administer our products and services;

provide you with access to protected areas of our websites;

provide continuous service to you and to conduct business processing functions including by providing personal information to our related bodies corporate, contractors, service providers or other third parties;

to manage conflicts of interest; and

assist with the administrative, marketing (including direct marketing), planning, product or service development, quality control or research purposes of the Beckon and its contractors and service providers.

WHO YOUR PERSONAL INFORMATION IS SHARED WITH To provide you with the services you require and for the purposes set out above, we may disclose your personal information to third party organisations. We take reasonable steps to ensure that third party organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

We may disclose your personal information to the following third parties:

service providers, such as your financial adviser;

other professional advisors such as accountants, lawyers, consultants and other business advisors as advised to us;

mail houses, archive providers, our related bodies corporate, contractors, or other third parties for the purposes specified above; and

other third parties where required, or allowed under law, or in connection with legal proceedings.

SECURITY OF YOUR PERSONAL INFORMATION We invest considerable resources to keep your personal information secure from misuse, loss, interference, unauthorised access, modification or disclosure. Access to and the use of personal information is regulated to prevent misuse or unlawful disclosure of the information. We use security procedures such as encryption, firewalls, intrusion detection and anti-virus technology to prevent unauthorised access. We also use valid log-in identification and password-based security to achieve electronic information security. We retain information for as long as may be necessary to respond to issues that may arise at a later date, and longer where required by law. When personal information is no longer required by us, it is destroyed or de-identified.

As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We provide end to end encryption and good quality identity management, but we also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

HOW YOU CAN ACCESS YOUR PERSONAL INFORMATION You may contact us by mail or email using the details provided below and request access to your information. Before we give you access to information about you, we will ask you to verify your identity. In normal circumstances we will give you full access to your information, however, at times there may be a legal reason why we must deny access, such as where granting access would interfere with the privacy of others or it would result in a breach of confidentiality. If access is denied we will give you the reasons for any refusal in writing and the mechanisms available to complain about the refusal.

There may be some charge to you to access your information depending on the ease of its retrieval. We will advise you of any cost when you seek the information. We will not charge you for making a request or for making any corrections to your personal information.

CORRECTION OF YOUR PERSONAL INFORMATION We will endeavour to ensure your personal information is kept accurate, complete, up to date and relevant. Please let us know if any of your details change.

If you believe that the personal information we store about you is incorrect, incomplete, inaccurate or misleading, you may ask us to amend it. If we do not agree that there are grounds for amendment, we will give you the reasons for any refusal in writing and the mechanisms available to complain about the refusal, and we will add a note to the personal information stating that you disagree with the information.

USE OF COOKIES We use “cookies” to help us tailor our website to better suit your needs and to provide a more effective route to various components of our website. We do not store personally identifying information in our cookies. If you choose to disable cookies you will not be able to have access to our website. Cookies are small text files that are stored in your computer's memory and hard drive, in your mobile device or tablet when you visit certain web pages. They are used to enable websites to function or to provide information to the owners of a website or other third parties which receive data obtained from that website. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to.

Cookies help us to provide customised services and information. We use cookies to tell us, in general terms, how and when pages in our websites are visited, what our users’ technology preferences are and whether our website is functioning properly. Depending on their purpose, some cookies will only operate for the length of a single browsing session, while others have a longer life span to ensure that they fulfil their longer-term purposes (as explained in more detail below). Please note that, however long a cookie’s active life may be, you can delete cookies (and therefore stop any further data collection by them) as further described below.

If you are using a password-protected site, then the website may use cookies or other technology to help us authenticate you, store and recognise your configuration and user attributes, facilitate your navigation of the website and customise its content so that the information made available is likely to be of more interest to you.

In broad terms, we may use cookies on our website for the following purposes:

Analytical purposes: Analytical cookies allow us to recognise, measure and track visitors to the website. This helps us to improve and develop the way the website works, for example, by determining whether site visitors can find information easily, or by identifying the aspects of the site that are of the most interest to them.

Usage preferences: Some of the cookies on the website are activated when visitors to our sites make a choice about their usage of the site. Our website then ‘remembers' the settings preferences of the user concerned.

Terms and conditions: We use cookies on the website to record when a site visitor has seen a policy, such as this one, or provided consent, such as consent to the terms and conditions on our website. This helps to improve the user's experience of the site.

Session management: The software that runs the website uses cookies for technical purposes needed by the internal workings of our servers. For instance, we use cookies to distribute requests among multiple servers, authenticate users and determine what features of the site they can access, verify the origin of requests and keep track of information about a user's session and determine which options or pages to display in order for the site to function.

Functional purposes: Functional purpose cookies store information that is needed by our applications to process and operate. For example, where transactions or requests within an application involve multiple workflow stages, cookies are used to store the information from each stage temporarily, in order to facilitate completion of the overall transaction or request.

Monitoring: Monitoring is also called logging. We track session data in the case of system failure and we may need to use personal data to trace and debug. This will always be done through a token, without identifying the person or company directly in logs.

We may disclose details about the general use of our website to third parties.

You can configure your browser to accept all cookies, reject all cookies, notify you when a cookie is set, or delete cookies that have already been set. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our website.

When you visit our website, you may receive cookies that are set by third parties. The kind of cookies and the consequent data processing carried out by such third parties are regulated by the third party’s privacy policy. We do not control the setting of these third-party cookies. You may wish to check any such third party’s website for more information about their use of cookies and how to manage them.

PROCESS FOR COMPLAINING ABOUT A BREACH OF PRIVACY If you believe that your privacy has been breached, please contact our Privacy Officer using the contact information below and provide details of the incident so that we can investigate it.

We request that complaints about breaches of privacy be made in writing, so we can be sure about the details of the complaint. We will attempt to confirm as appropriate and necessary with you your understanding of the conduct relevant to the complaint and what you expect as an outcome. We will inform you whether we will conduct an investigation, the name, title, and contact details of the investigating officer and the estimated completion date for the investigation process.

After we have completed our enquiries, we will contact you, usually in writing, to advise the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view.

If you have any queries or concerns about the privacy of your information, please contact our Privacy Officer via the following:

Email: privacy@beckon.capital

Mail: Beckon Capital PO Box 3399 Redfern NSW 2016

Please address all written requests: ‘Attention: Privacy Officer’.

CHANGES TO THIS POLICY We will review this policy from time to time and may update it at our discretion. This policy was last updated in October 2020.

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