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.