1. General
a. The
following Terms of Use and Service apply to the products and services provided
by Fresh Equities Pty. Ltd. (ACN 619 657 028) trading as InvestorHub
(InvestorHub).
b. In this
document:
i.
Content means all information, personally
identifiable information, data, documents and creative expressions, and
includes, without limitation, video, audio, photographs, images, illustrations,
animations, logos, tools, written posts, replies, and comments, information,
data, text, software, scripts, executable files, graphics, and interactive
features, any of which may be generated, provided, or otherwise made accessible
on or through the Service;
ii.
the Service
refers to the InvestorHub website platform you have
requested access to, operated by us on behalf of our client;
iii.
the words we , our , us
and refers to InvestorHub, the operator of the
Service and all of its related entities; and
iv.
the words you and your mean both
you, `any entity or firm you re authorised to represent.
c. This Terms
of Use should be read in conjunction with, and you agree to, the InvestorHub Privacy Policy, which is available at https://www.investorhub.com/microsite-privacy-policy (collectively,
the Agreement ).
d. To use the
Services you must be, and represent and warrant that you are, at least the age
of majority in your state, province or jurisdiction of residence, or if you are
under the age of majority in your state, province, or jurisdiction of
residence, you represent and warrant that your parent or legal guardian has
reviewed these Terms with you and accepts them on your behalf; parents or legal
guardians are responsible for the activities of their minor dependents while
using the Services. You warrant and represent that you
i.
have all necessary rights, power, and authority to
agree to these Terms and perform your obligations hereunder, and
ii.
nothing contained in these Terms or in the
performance of such obligations will place you in breach of any other contract
or obligation.
e. If you are
agreeing to these Terms or registering an Account on behalf of a business, association or other entity, you represent and warrant that
you have the authority to bind the business, association or other entity to
these Terms and that the business, association or other entity will be bound by
these Terms.
f. By using or
accessing the Services, you agree to all the terms and conditions of the
Agreement, and if you do not agree to all the terms and conditions of the Agreement you should not and are not permitted to use the
Services.
2. Modifications
a. We reserve
the right in our sole discretion, to modify the Agreement at any time with
notice, and by posting a revised Agreement to the Service. Together with
notice, we will specify the effective date of the modifications.
b. Modifications
to these Terms will take effect the next time you access the Service following
the date specified in our notice and will automatically apply as of that date
unless you elect to cease use of the Service.
3. Services
a. We
facilitate communication between you and our clients and affiliates in the
capacity of an agent. We do not have any control over, and are not responsible
or liable for, the information contained within the Service.
b. The
contents of the Services are general information, not professional investment
advice prepared by taking into account any individual
circumstances and needs of particular investors.
4. Privacy
a. Any
information you provide to us, either intentionally or incidentally, via the
Service is subject to our Privacy Policy, which governs our collection and use
of your information. You agree that through your use of the Services you
consent to the collection and use (as set forth in the Privacy Policy) of this
information.
b. If you
provide any information to us, either intentionally or incidentally about any
other person through your use of the Services, including but not limited to
medical or health information about that third party, you:
i.
if that third party is a minor, agree that through
your use of the Services you consent to the collection and use of this
information; and
ii.
if that third party is a minor, give permission for
that third party to consent to the collection and use of this information;
iii.
if that third party is not a minor, warrant that
the third party has reviewed and consents to these Terms and Conditions; and
iv.
if that third party is not a minor, warrant to InvestorHub that the third party has reviewed and consents
to the Privacy Policy.
c. We collect
personal information about you in order to process
your registration and provide you with services and for purposes otherwise set
out in our Privacy Policy
d. We may
disclose that information to third parties that help us deliver our services
(including information technology suppliers, communication suppliers and our
business partners) or as required by law. If you do not provide this
information, we may not be able to provide all of our
services and products to you.
5. Your
Account
a. In order to
use the Service you may be required to provide or
authorise us to access personal details.
b. You may not
use the Services if you are not of legal age to enter into
a binding contract with us.
c. All
information provided to us must:
i.
be accurate and correct to the best of your
knowledge; and
ii.
not infringe on the rights of any third parties,
including but not limited to, content that infringes on privacy rights or
intellectual property rights, such as copyright and trademark rights.
d. You are
responsible for keeping your system access passwords, tokens
and other authorisations secure and are responsible for all use and activity
carried using them.
6. Limitations
of Use
a. You may not
do any of the following while accessing or using the Services:
i.
access, tamper with, or use non-public areas of the
Services, or the computer or delivery systems of InvestorHub
and/or its service providers;
ii.
upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
iii.
provide financial product advice, deal in a
financial product, operate a registered managed investment scheme, operate a
registered managed investment, make a market for a financial, provide financial
services, operate a financial services business;
iv.
upload, post, email, transmit or otherwise make
available any unsolicited or unauthorised advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation
v.
probe, scan, or test any system or network
(particularly for vulnerabilities), or otherwise attempt to breach or
circumvent any security or authentication measures;
vi.
access or search or attempt to access or search the
Services by any means (automated or otherwise) other than through our currently
available, published interfaces that are provided by InvestorHub
(and only pursuant to those terms and conditions);
vii.
scrape the Services, and particularly scrape
Content (as defined below) from the Services, without the express prior written
consent of InvestorHub;
viii.
use or access the Service in violation of export
laws and regulations that you are subject to;
ix.
use the Services to send altered, deceptive, or
false source-identifying information, including without limitation by forging
TCP-IP packet headers or e-mail headers;
x.
interfere with, or disrupt, (or attempt to do so),
the access of any user, host or network, including,
without limitation, by sending a virus to, spamming, or overloading the
Services, or by scripted use of the Services in such a manner as to interfere
with or create an undue burden on the Services; or
xi.
take any action that may undermine the quality of
information contained on the Service, the feedback systems or the ratings
systems used on the Service.
b. You must, at all times while using the Service comply with our Code of
Conduct.
7. Intellectual
Property
a. We do not
claim ownership of any content you add or post onto the Service, including any
comments, photos and other contributions you may make
in response to the content of our Site. Instead, you grant us a perpetual,
non-exclusive, royalty-free, irrevocable, worldwide, sublicensable
and transferable licence to use, copy, display, perform, distribute and create
derivative works of the Content, for any purpose and in any form.
b. You
represent and warrant that:
i.
you have obtained all necessary rights, releases and permissions to submit all Content to the
Service and to grant the rights granted to us in these Terms; and
ii.
all Content and its submission and use as you
authorize in these Terms will not violate
A) any Laws,
B) any third-party intellectual
property, privacy, publicity or other rights, or
C) any of your or third-party policies
or terms governing the Content.
c. You must
not upload, create or generate any Content:
i.
unless you hold all necessary rights, licences and
consents to do so;
ii.
that would cause you or us to breach any law,
regulation, rule, code or other legal obligation;
iii.
that we consider inappropriate, defamatory,
offensive, abusive, indecent, illegal or disparaging;
iv.
that would bring us into disrepute; or
v.
that infringes the rights, including intellectual
property rights, of any third party.
d. InvestorHub assumes no responsibility or liability for any
content uploaded by you to the Service, and you are solely responsible for the
Content and the consequences of submitting and using it with the Service.
e. Reproduction
of all Content that appears on the Service is prohibited, except where
explicitly authorised by this Agreement.
f. InvestorHub assumes no responsibility or liability for any
content uploaded by you to the Service, and you are solely responsible for the
Content and the consequences of submitting and using it with the Service.
g. All
trademarks reproduced in the Service which are not the property of, or licensed
to, the operator are acknowledged on the Service. InvestorHub and/or third parties retain ownership of all
intellectual property rights in all Content.
h. Unless
otherwise indicated, all materials on the Service, and the website itself, are
protected by copyright, trade marks
and/or other intellectual property rights. Except for the bona fide purpose of
considering an invitation to treat from InvestorHub
or as otherwise permitted by law, this site or any portion of this site may not
be reproduced, duplicated, copied, sold, re-sold or
otherwise exploited for any commercial purpose that is not expressly permitted
by InvestorHub.
i. Any other
use of materials on the Service without the prior express written permission of
InvestorHub is strictly prohibited.
8. Disclaimer
and Disclosures
a. InvestorHub make no representations or warranties of any kind,
express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Service or
the information, products, services, or related graphics contained on the
Service for any purpose.
b. InvestorHub shall not be liable for any indirect or
consequential damages and, in particular, shall accept
no liability whatsoever for loss of income deriving from the use of the
Services.
c. The Service
may contain links to other websites and software applications. InvestorHub is not responsible for the availability of, or
any content or material contained in, or obtained through, any such websites
and software applications. Any link to another website, and reference to
third-party information, products or services linked to The Service, is not,
and should not be construed as, an express or implied endorsement by InvestorHub. Any questions or comments relating to such
other websites and software applications and software applications should be
addressed to the operator or operators of those websites and software
applications.
d. The Service
may contain content, imagery, text and other media
generated by users of the Service. We make no representations or warranties of
any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Service or
the information, products, services, or related graphics contained on the
Service for any purpose. Any reliance you place on such information is
therefore strictly at your own risk.
e. Every
effort is made to ensure the efficient operation of the Service and Services
and that the information contained within the Service is accurate at all times.
However, InvestorHub takes no responsibility, and
will not be liable for the Service becoming temporarily unavailable in the
instance of technical issues or any associated problems arising from technical
or other associated issues beyond our control.
f. Any and all information or advice made available through the
Services is made without taking into account your objectives, financial
situation or needs and as such, you agree that you have considered the
appropriateness of the information or advice in relation to your objectives,
financial situation, or needs, including undertaking your own independent
enquiries to ensure the appropriateness of the information or advice.
g. Information
and advice made available through the Services is not professional investment
advice, and all end-users should consult a licensed adviser, as well as ASIC s
consumer website MoneySmart, for general guidance
about investing.
h. By using
the Services, waive any access to any ASIC-approved dispute resolution schemes
to recover any losses you may incur through reliance on the Services.
9. Termination
a. InvestorHub may, in its absolute discretion and with immediate
effect, terminate this Agreement and remove you from the Service.
b. InvestorHub may, in its absolute discretion, refuse service to
any person or entity.
c. InvestorHub may, without notice to you and in InvestorHub s sole discretion issue you a warning, restrict
your activities on the Service, temporarily suspend, indefinitely suspend or terminate your login and refuse to provide
services to you if:
i.
you have, or InvestorHub
believes that you have, breached this Agreement;
ii.
InvestorHub are unable
to verify or authenticate any information you have provides via the Service;
iii.
InvestorHub believes
that your actions may cause loss or damage to or otherwise unlawfully harm you,
InvestorHub s users, third parties or InvestorHub, related bodies corporate or affiliates and its
directors, employees or agents; or
iv.
if InvestorHub reasonably
believes that any of your information is incorrect, misleading, inappropriate
or of an offensive nature.
d. We may
refuse to process a payment if we believe there is a risk associated with it or
if it breaches any law, statute, ordinance or
regulation, or may cause loss to us or our users.
10.
Claims and Arbitration
a. Any
dispute, controversy or claim arising out of, relating to or in connection with
this contract, including any questions regarding its existence, validity or termination, shall be resolved by arbitration in
accordance with the ACICA Expedited Arbitration Rules. The seat of arbitration
shall be Melbourne, Australia. The language of the arbitration shall be
English.
b. All
disputes must be provided to the other party in writing and allow 30 days for
the other party to remedy the situation before arbitration is commenced.
c. You agree
you may bring claims against us only in your individual capacity, and not as a
plaintiff or class member in any purported class or representative proceeding.
Further, if the parties dispute is resolved through arbitration, the
arbitrator may not consolidate another person s claims with your claims, and may not otherwise preside over any form of a
representative or class proceeding. If this specific provision is found to be
unenforceable, then the entirety of this dispute resolution section shall be
null and void.
11. Other
Matters
a. If the
whole or any part of any clause of this Agreement is illegal or unenforceable,
it will be severed from this Agreement and will not affect the continued
operation of the remaining provisions of this Agreement.
b. This
Agreement:
i.
accurately reflects the agreement between the
parties as to its subject matter;
ii.
records the entire agreement between the parties
with respect to the subject matter of the Agreement;
iii.
supersedes all prior representations and agreements
in connection with that subject matter; and
iv.
may only be altered in writing signed by both
parties.
c. The failure
of InvestorHub at any time to insist in performance
of any obligation of you under this Agreement is not a waiver of its right:
to insist
on performance of, or claim damages for breach of, that obligation unless that
party acknowledges in writing that the failure is a waiver; and
at any
other time to insist on performance of that or any other obligation of the
other party under this Agreement.
d. The terms
of the United Nations Convention on Contracts for the Sale of Goods do not
apply to these Terms. The Uniform Computer Information Transactions Act (UCITA)
will not apply to these Terms regardless of when or where adopted.
e. This
Agreement does not create a relationship of employment, agency
or partnership between the parties.
f. This
Agreement is governed by the laws and the Parties submit to the non exclusive jurisdiction, of the
courts of Victoria, Australia.