Legal

What you should know

Sharequity Pty Ltd

General Terms and Conditions of Use  
Version 1.0: November 2017

Sharequity Pty Ltd (ACN 620 359 588) is an authorised representative of Big Start Pty Ltd (ABN 87 162 024 866) AFSL no. 474592. To the extent (if any) that Sharequity’s activities in relation to the Website or Services involve the provision of Financial Services, Sharequity provides those Financial Services as an authorised representative of Big Start Pty Ltd.

If you would like to receive a copy of the authorisation under which we are authorised to provide Financial Services, you can request a copy by sending an email to admin@sharequity.com.au and we will provide you with a copy within 10 business days.

 

PART 1 - GENERAL TERMS AND CONDITIONS

  1. The Agreement
    • These General Terms and Conditions of Use constitute a bilateral agreement between you and Sharequity Pty Ltd ACN 620 359 588 (Sharequity or we or us) trading as Sharequity (Agreement).
    • This Agreement governs your use of the Website and the Services, whether as an Investor, a Fundraiser or otherwise.
    • Please read this Agreement carefully. By using the Website or the Services, you agree to be bound by this Agreement and the Policies, including the Privacy Policy. Part 4 below contains the definitions of certain terms used in this Agreement.
    • If you are an Investor or a Fundraiser, we will also send you additional terms and conditions that set out the rules governing Transactions (Additional Terms). If you participate in a Transaction, you agree to be bound by and comply with those Additional Terms (as well as this Agreement and the Policies).
    • We may change or amend this Agreement from time to time. If we amend or change the Agreement, you will be notified the next time you visit the Website and asked to confirm that you agree to the amended terms. If you do not agree to our amendment(s), you must immediately stop using the Website and the Services.
    • In addition to Part 1 and Part 4, which apply to everyone:
      • Part 2 applies to you if you are a Fundraiser; and
      • Part 3 applies to you if you are an Investor.
  1. How the Website and Services work
    • The Website and Services together constitute a platform under which a Fundraiser may make an Offer by publishing an Offer Document on its Company Page and an Investor may elect to take up an Offer and subscribe for securities in the Fundraiser by completing an application form.
    • One of our objects is the promotion and encouragement of investment in small and medium sized enterprises being either ASX listed or unlisted.
    • The Website and Services allow you to:
      • be introduced to Australian companies looking to raise capital for the purposes of funding new and pre-existing business ventures; and
      • as a Fundraiser – be introduced to individuals and other persons interested in investing money in your Company.
    • Whenever you use the Website and/or Services, whether as a prospective or actual Fundraiser or Investor, public/private key cryptology is used for security purposes, including for the purposes of verifying your identity and/or an electronic or digital signature used to execute a document, as well as the authenticity of a document. This means that certain information may be captured about you for the purposes of verifying your identity and the validity of an electronic or digital signature including: your IP address, the device and browser type you use, the time and date at which you accessed the Website and/or the Service and the time and date that a signature is inserted into a document and your account ID and password in order to verify your account.
    • By using the Website and/or Services or by otherwise communicating with Sharequity by electronic methods, you consent to the use of an electronic or digital signature as a means of executing any document or communication with Sharequity. You further acknowledge that you have read, understood, approve of and agree to, the content and information in the document and/or communication to which your electronic or digital signature has been applied.
    • You acknowledge and accept that you will be responsible for the security of your account ID and password and the use of your electronic or digital signature and accept that Sharequity is not liable for any use of your account ID, password and/or electronic or digital signature by a third party (whether authorised by you or not). You accept that any use of your electronic or digital signature in any document or communication with Sharequity will be deemed to have been made by you and as such, you accept that you will be bound by the terms of any document or communication to which your electronic or digital signature has been applied.
  2. How Transactions work
    • A Transaction involves an Investor subscribing for Securities in a Fundraiser. The terms of each Transaction will be governed by the relevant Company Terms and the terms of the relevant Offer. A Transaction is a bilateral agreement between a Fundraiser and an Investor, and we are neither parties to, nor involved in discussions or negotiations concerning, that agreement.
    • Sharequity’s role in the Offer and Transaction process is limited to that of providing a:
      • Business Introduction Service; or
      • platform (being the Website) on which a Fundraiser may publish an Offer using a Disclosure Document.
    • In addition to the obligations imposed on you by other sections of this Agreement in relation to Offers and Transactions and by any Additional Terms, you agree that if you participate in a Transaction (whether as Fundraiser or Investor), you will comply strictly with any legal or other formalities which would render that Transaction ineffective, void or unlawful if not complied with, including executing all necessary documentation, agreements and Security transfer forms.
  3. How You Make Payments as an Investor
    • Sharequity does not handle, transfer or otherwise receive Investor payments or monies for subscriptions for securities made under an Offer Document.
    • As an Investor, you may pay for securities which you subscribe for under an Offer Document by completing the application form, which will be attached to the Offer Document and available on the Company Page, and by returning the application form to the Fundraiser. It will be indicated to you on the Offer Document the address (whether by email or post) to which the application form should be returned or sent.
    • Once you have completed the application form for the relevant Offer, you will be required to return it to us using the Website. A link on the Company Page will automate this process. You will need to transfer the application funds from your bank account directly to the Fundraiser’s bank account.
    • You are required to send to Sharequity a copy of the bank receipt and completed application form to confirm the subscription.
    • Once the Offer Period has expired (or the Funding Goal has been met) and we have received all returned receipts and application forms from Investors we will evaluate whether an Offer is:
      • complete;
      • closed; or
      • has failed to reach its Funding Goal,

and you will be advised of the final status of the Offer on the Company Page. 

  1. Your account
    • To create an account on the Website as a Fundraiser you must follow the steps in section 12.
    • To create an account on the Website as an Investor you must follow the steps in section 13.
    • You must create an account on the Website as either a Fundraiser or an Investor to:
      • gain full access to Website content and pages, including Profile Pages and Company Pages;
      • gain full access to, and fully use, the Services;
      • in the case of a Fundraiser only, raise funds for your Company;
      • invest in a Company; or
      • participate in Transactions.
    • You agree that we may send you administrative and/or promotional emails regarding your account, the Website, the Services and Transactions if you have created an account as an Investor or Fundraiser or have otherwise provided your email address to us.
    • Once you have created an account on the Website as a Fundraiser or Investor, we will send a confirmation email to your nominated email address to confirm the details of your account. This confirmation email will also contain a link to our Financial Services Guide, which we are giving to you to the extent (if any) that we are providing you with Financial Services. Our Financial Services Guide is also available at http:/sharequity.com.au/legal/financial-service-guide.
    • If you do not wish to receive further emails from us, you can send a request to admin@sharequity.com.au or click the ‘unsubscribe from email list’ link at the bottom of our emails to you. Unsubscribing from our email list does not cancel your Fundraiser or Investor account.
    • Sharequity is not liable for any loss suffered as a result of you not receiving our emails, including as a result of you not providing us with a complete, accurate or correct email address, or as a result of your firewall or filter settings.
  2. Fees
    • Sharequity will only charge Fees to Fundraisers and Investors on the conditions and in the manner set out in this section 6.
    • There are no fees for:
      • creating an account as a Fundraiser or Investor;
      • creating a Profile Page;
      • creating a Company Page; or
      • browsing the Website (including Profile Pages and Company Pages).
    • You agree that if you are a Fundraiser, Sharequity is entitled to charge you a percentage fee (exclusive of GST) based on any amount raised by you or your related bodies corporate or associates, at any time before the expiry of 12 months after the end of the Funding Period, from any person introduced to you through the use of the Website or Services (Fees). Further details of Fees which will apply specifically to your Offer will be outlined in the Additional Terms and Offer Mandate.
    • Where this section 6 imposes a liability on you to pay Fees in relation to a Fundraising, you agree that:
      • you will, and are under an obligation to, pay any Fees for which you are liable in relation to that Fundraising; and
      • any Additional Terms notified to you may set out further requirements in relation to the manner of payment of Fees.
    • The Fees which apply to an Offer will be agreed by the Parties in writing prior to the Opening Date of the Offer.
    • Other than the charging of Fees, neither Sharequity nor any associate of Sharequity has any pecuniary interest in the outcome of any investment decision by Fundraisers or Investors.
  3. Suspension or termination
    • We may in our sole discretion at any time and without notice:
      • suspend a Service or the Website;
      • cancel, reject, or suspend an Offer or the account of a Fundraiser or Investor;
      • take down or block access to a Profile Page, Company Page and if applicable, a Fundraiser’s IM, Disclosure Document or Section 708 Offer if published on the Website; and
      • remove, edit, or modify any Content appearing on the Website,

in the following cases:

  • you breach or do not comply with this Agreement;
  • we suspect on reasonable grounds that you have breached or might or will breach any term of this Agreement;
  • in cases where Sharequity suspects fraud or error;
  • in cases where Sharequity suspects that there has been misuse of the Website or the Services or use of the Website or the Services to conduct any illegal activity;
  • we are required to do so by law or by order of ASIC or any other regulatory body; or
  • for any other reason (whether or not it relates to you or your conduct).
  • We may in our sole discretion permanently or temporarily prevent or terminate your use of the Website or Services, or terminate this Agreement with you, whether as an Investor, Fundraiser or otherwise.
  • You may terminate this Agreement at any time by emailing us at admin@sharequity.com.au and requesting termination.
  • If this Agreement is terminated for any reason, the termination will not affect any rights or obligations which accrued to any party before the time of termination, including:
    • the obligation to pay, and our right to be paid, the Fees;
    • an Investor’s obligation to invest in a Fundraiser in accordance with this Agreement (and any relevant Additional Terms governing the Transaction) if it has accepted a Fundraiser’s Offer; and
    • a Fundraiser’s obligation to issue Securities to any Investor which has accepted an Offer (in accordance with the terms of the Offer and otherwise in accordance with this Agreement and any relevant Additional Terms governing the Transaction).
  • Sharequity’s rights as set out in this section 7 do not prejudice any other right or remedy Sharequity may have in respect of any breach or any rights, obligations or liabilities which accrue prior to termination of this Agreement.
  1. Intellectual property
    • All Intellectual Property Rights in:
      • the Website, including the Sharequity logo, all Website design, text, graphics, software, photos, music, sounds, underlying source code and software; and
      • the Services or any part of them,

are owned by or licensed to Sharequity and you must not, and must not attempt to, obtain or register ownership or title to any such Intellectual Property Rights. Nothing in this Agreement, the Additional Terms or on the Website constitutes a transfer or licence of any such Intellectual Property Rights to you.

  • We do not have any ownership rights over Content that you submit to us for inclusion on the Website. By submitting any Content to us, you grant to Sharequity a perpetual, royalty-free, non-exclusive, irrevocable, sub-licensable and transferable licence to:
  • use, edit, modify, prepare derivative works of, reproduce, publish, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully utilise such Content and your Intellectual Property Rights in that Content in connection with:
    • the Website;
    • the Services;
    • Sharequity’s businesses; and
    • promoting, marketing, and redistributing part or all of the Website (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third-party websites);
  • take whatever other action is required to perform and market the Services;
  • allow users of the Website to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use your submitted Content and Intellectual Property Rights in that Content in connection with the Services; and
  • use and publish, and permit others to use and publish, your submitted Content, Intellectual Property Rights in that Content, names, likenesses, and personal and biographical materials of you in connection with the provision or marketing of the Services,

(the Licence).

  • By submitting Content to us for inclusion on the Website, you represent and warrant to us that such Content does not infringe any third-party Intellectual Property Rights and that you are legally entitled to grant the Licence to us.
  • The Licence survives the termination of this Agreement.
  1. Representations, guarantees and our liability

Website and Services

  • By using the Website or any of the Services, you represent and warrant that:
    • you are 18 years of age or over and that you are legally capable of entering into this Agreement with Sharequity;
    • your use of the Website or any of the Services complies with all applicable local, state and federal laws, rules and regulations as well as any treaties which apply to your use of the Website or Services; and
    • any information you provide to us is true, accurate and correct, and not misleading or deceptive in any way.
  • Sharequity does not represent, and nothing on the Website is to be construed as Sharequity representing to you, that the Website and/or Services are available to or suitable for use by any person outside Australia. If you access or use the Website and/or Services from a place outside Australia, you do so at your own risk and you are solely responsible for ensuring compliance with all applicable laws of that place and for all the consequences of such access or use.

Content

  • Any Content:
    • on the Website pertaining to Fundraisers, including the information contained in and featured on Profile Pages or Company Pages; or
    • that is downloadable by you from Profile Pages or Company Pages, including any Content that forms part of or is contained in an IM, Disclosure Document or any other Offer Document,

is Content that is supplied to us by Fundraisers or other third parties and Sharequity makes no representation, guarantee or warranty that such Content is accurate or correct. It is your responsibility to verify any such Content.

  • Sharequity does not endorse or assume responsibility for the Content contained in or on a Fundraiser’s Profile Page or Company Page(s), in a Fundraiser’s IM, Disclosure Document or in any other Offer Document given to an Investor by a Fundraiser. You acknowledge and agree that neither Sharequity nor any other person who uses, or is associated with, the Website or Services has been endorsed or approved by ASIC.
  • We are not responsible for any errors or omissions in Content you submit to us.

Offers and Transactions

  • Sharequity does not guarantee or make any representations or warranties concerning the use of any funds received by a Fundraiser. It is up to Investors to conduct the due diligence they regard as necessary before investing in a Company or participating in an Offer or Transaction. Sharequity is under no obligation to become involved in any disputes or proceedings of any nature which may arise between a Fundraiser and Investor.
  • As an Investor or a Fundraiser, you agree that Sharequity is not under any circumstances liable or responsible for:
    • any Company not attaining its Funding Goal (by the end of the Funding Period or otherwise);
    • the failure of a Fundraiser to comply with any applicable law (including, where applicable, the Class Order, the Corporations Act (in particular Chapter 6D), Corporations Regulations and ASX Listing Rules) in relation to a Profile Page, Company Page, Offer or Transaction; or
    • the failure of a Fundraiser to carry out or complete an Offer, or to carry out a transaction as stated or within any time periods specified by the Fundraiser,

and your sole and exclusive remedy for any and all claims and causes of action of any kind relating to or arising out of an Offer or Transaction is against the Fundraiser.

General

  • To the fullest extent permitted by law:
    • Sharequity does not warrant that the Website or Services will be uninterrupted, error-free, secure or free from interception or that the servers hosting the Website and facilitating the Services will be free from any virus or other harmful elements, and Sharequity is not liable to you in relation to any interruptions or omissions in connectivity or internet services relating to the Website or Services;
    • Sharequity excludes all representations, warranties, terms and conditions, whether express or implied (including those implied by statute, custom, law or otherwise) except as expressly set out in this Agreement;
    • Sharequity excludes all liability for any damages or loss suffered by you (including loss of profits, loss of revenue, economic loss, loss of data, direct loss, indirect loss, or consequential or incidental loss) however caused (including damage or loss arising in contract, tort (including negligence), statute or otherwise) in connection with:
      • your use of or reliance on the Website, the Services and/or its/their continued availability;
      • any exercise of Sharequity’s rights under section 7;
      • the failure of a Fundraiser or Investor to meet its obligations under this Agreement, the Additional Terms or under the agreement which results from an Investor accepting a Fundraiser’s Offer; and
      • your participation in any Transaction or in any negotiations or discussions relating thereto.
    • your use of the Website (including all Content on or obtained from the Website) and/or the Services is at your sole risk.
  • Sharequity does not exclude or restrict any liability:
    • to the extent that this is not permitted under the Competition and Consumer Act 2010 (Cth); or
    • for breach of the consumer guarantees in the Australian Consumer Law (if those guarantees apply to any goods or services we provide to you).
  1. Indemnity

You agree to indemnify Sharequity, its related bodies corporate (as defined in the Corporations Act), and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses (including loss of profits, loss of revenue, economic loss, loss of data, direct loss, indirect loss, or consequential or incidental loss, and including damage or loss arising in contract, tort (including negligence), statute or otherwise), liabilities, costs, debts and expenses (including legal fees and costs) arising from or as a result of or relating to your use of the Website or any of the Services (whether as an Investor, Fundraiser or otherwise), including a breach of this Agreement or the Additional Terms, or any of the representations, warranties or promises you give in this Agreement or in the Additional Terms, or any violation of applicable law or court order.

  1. Privacy

Your privacy is important to us. We hold your personal information in accordance with our Privacy Policy (accessible at www.sharequity.com.au/privacy-policy/), the terms of which form part of this Agreement. By using the Website and/or any of the Services, you agree to the use and collection of your personal information in accordance with the Privacy Policy.

PART 2 - TERMS AND CONDITIONS AS BETWEEN US AND YOU AS FUNDRAISER

  1. Creating an account as a Fundraiser
    • To create an account as a Fundraiser you must:
      • be an Australian company registered under the Corporations Act; and
      • provide us with the certificate of incorporation of any corporation within your business structure.
    • Once you have created an account as a Fundraiser, you will be able to create a Fundraiser profile page (Profile Page) and submit Offer proposals (Proposal) to us in accordance with the Additional Terms and Profile Page requirements that we will provide to you.
    • As a Fundraiser, you may utilise the Website as a platform to publish an Offer for securities in your Company. The Offer is to be made by providing a link on your Company Page to a document which is a:
      • Business Introduction Service Offer;
      • Retail Offer; or
      • Section 708 Offer,

details of which you must provide to us in accordance with the Additional Terms and Offer Mandate.

  • Once we have reviewed your Proposal and the terms of your proposed Offer, we will make a preliminary determination as to whether your Offer is eligible to be published on the Website.
  • If your Proposal is approved (in our sole discretion), you will be able to create a Company page for that Offer which will host the Offer Document (Company Page).
  • Sharequity reserves the right to, at any time and in its absolute discretion:
    • ask you for any further information, materials, or documentation in relation to you, your subscription as a Fundraiser, your Offer or Offer Document;
    • refuse to grant you a subscription as a Fundraiser or grant approval to any proposed Offer;
    • vary the terms and conditions of the Offer Mandate by giving written notice to you.
  • For further information on the terms and conditions which apply to you specifically as a Fundraiser, please refer to the Fundraiser Additional Terms and, if applicable, the Offer Mandate.

PART 3 – TERMS AND CONDITIONS THAT APPLY BETWEEN US AND YOU AS INVESTOR

  1. Creating an account as an Investor
    • To create an account as an Investor, you must provide us with the following information during the account-creation process:
      • your full name (required);
      • company name (if applicable);
      • your address (optional);
      • your State (required);
      • your email (required);
      • whether you are a:
        • private investor;
        • Sophisticated Investor;
        • Professional Investor; or
        • media official;
      • the amount you may wish to invest; and
      • any other identification or verification documents as requested by Sharequity.
    • You must be an Australian resident to create an account as an Investor.
    • If you describe yourself as an Exempt Investor during the account-creation process, you agree that we may notify a Fundraiser in whose Offer you express an interest that you are claiming to be an Exempt Investor. It is the Fundraiser’s responsibility to verify your eligibility as an Exempt Investor.
    • Sharequity reserves the right, at any time and in its absolute discretion, to:
      • ask you for any further information, materials, or documentation in relation to you or your account as Investor;
      • refuse to grant you an account as an Investor.
    • Once we have approved your account as an Investor, either as a Retail Investor or Exempt Investor, depending on your eligibility, you will be able to browse Fundraisers’ Profile Pages and Company Pages and access the information relating to Fundraisers contained on those pages.

PART 4 – GENERAL MATTERS, INTERPRETATION AND DEFINITIONS

  1. General matters
    • Relationship between us and you

This Agreement does not create a relationship of employment, trust, agency or partnership between Sharequity and you.

  • Entire agreement

This Agreement, together with the Policies (including the Privacy Policy) and the Additional Terms, constitute the entire agreement between you and us in connection with its subject matter and supersede all previous agreements or understandings between you and us in connection with their subject matter.

  • Severability

If the whole or any part of a provision of this Agreement is invalid or unenforceable in a jurisdiction it must, if possible, be read down for the purposes of that jurisdiction so as to be valid and enforceable. If, however, the whole or any part of a provision of this Agreement is not capable of being read down, it is severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

  • Survival

Sections 8, 9, 10 and 11 and Part 4 of this Agreement, along with any provisions that are expressed to survive, or by their nature are intended to survive, termination or expiry of this Agreement, shall survive termination or expiry of this Agreement.

  • No waiver

Sharequity does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise by us of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy.  A waiver of a right, power or remedy must be in writing and signed by us.

  • Event beyond our control

Sharequity is not liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including lightning, fire, flood, severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, or failure of any telecommunications, satellite, computer or global positioning system.

  • No assignment

You may not assign or transfer or delegate or otherwise deal with any of your rights or obligations under this Agreement. Sharequity has the right to assign, delegate or otherwise deal with all or any of its rights or obligations under this Agreement to any person.

  • Governing Law

This agreement will be governed by and construed in accordance with the law for the time being in force in Western Australia and the parties, by entering into this agreement, are deemed to have submitted to the non-exclusive jurisdiction of the courts of that State.

  1. Interpretation

In this Agreement, headings are for convenience only and do not affect interpretation, and unless otherwise stated:

  • the singular includes the plural and vice versa and a gender includes other genders;
  • other grammatical forms of a defined word or expression have a corresponding meaning;
  • a reference to a section or Part is to a section or Part of this Agreement;
  • a reference to this Agreement includes the Agreement as novated, altered, supplemented or replaced from time to time;
  • a reference to A$, $A, dollar or $ is to Australian currency;
  • a reference to a party to a document includes the party’s executors, administrators, successors and permitted assigns and substitutes;
  • a reference to a person includes a natural person, partnership, firm, body corporate, trust, joint venture, association, governmental or local authority or agency or other entity;
  • a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
  • specifying anything in this Agreement after the words “includes”, “including”, “for example” or similar expressions does not limit what else is included in this Agreement.
  1. Definitions

Capitalised terms not otherwise defined in this Agreement have the following meanings:

Additional Terms has the meaning given in section 1.4.

Agreement has the meaning given in section 1.1.

ASIC means the Australian Securities & Investments Commission.

Associate has the meaning given in sections 11 and 15 of the Corporations Act.

Business Introduction Service means an Introduction Service as that term is defined in the Class Order.

Business Introduction Service Offer means an Offer made to a Retail Investor pursuant to and in accordance with the Class Order.

Class Order means ASIC [CO 02/273] “Business introduction or matching services”.

Company Page has the meaning given in section 12.3.

Content means information, statements, representations, material, images, logos, photographs, graphical content, audio, file, data or any other content but does not include any Content that incorporates Intellectual Property Rights owned by Sharequity.

Corporations Act means the Corporations Act 2001 (Cth).

Disclosure Document has the meaning given in the Corporations Act.

Exempt Investor means an Investor to which one of the categories in section 708 of the Corporations Act applies, including a Sophisticated Investor or Professional Investor.

Fees has the meaning given in section 6.

Financial Services means:

  • providing general financial product advice in relation to securities; or
  • dealing in securities by applying for, acquiring, varying or disposing of securities on behalf of another, or arranging for a person to do any of those things.

Funding Goal means, in relation to an Offer, the funding goal specified on that Companies  Page by the Fundraiser responsible for that raise.

Funding Period means, in relation to an Offer, the time period during which Investors will be able to contribute funds towards the Offer (as specified on that Companies Page by the Fundraiser responsible for that Offer).

Fundraiser means an Australian company that is eligible to create, and that has created, an account as a Fundraiser on the Website in accordance with this Agreement.

IM means an information memorandum in relation to a Fundraiser’s Offer to raise that is accessible on the relevant Companies Page.

Intellectual Property Rights means statutory and other proprietary rights in respect of copyright and neighbouring rights, all rights in relation to inventions, patents, plant varieties, registered and unregistered trademarks, registered and unregistered designs, circuit layouts and confidential information, but does not include moral rights that are not transferable.

Investor means a person that is eligible to create, and that has created, an account as an Investor on the Website in accordance with this Agreement.

Investment Sum means, in relation to an Investor in a particular raising, the amount which that Investor has agreed to contribute to that raise in accordance with the terms of the relevant Offer.

Licence has the meaning given in section 8.2.

Offer means a formal offer by a Fundraiser to an Investor, pursuant to which the Fundraiser offers to issue Securities in the Fundraiser to the Investor in return for the Fundraiser receiving the Investor’s Investment Sum.

Offer Document means a document published on a Fundraiser’s Profile Page under which an Offer is made to an Investor, and includes, without limitation:

  • Retail Offer;
  • Business Introduction Service Offer; or
  • Section 708 Offer.

Opening Date means the date on which the Offer is published on the Website and Investors are able to subscribe for securities in the Fundraiser.

Policies means any Sharequity policies that feature on the Website from time to time (and as amended from time to time), and includes the Privacy Policy.

Privacy Policy means the Sharequity Privacy Policy (accessible at www.sharequity.com.au/privacy-policy/).

Professional Investor has the meaning given to that term in section 9 of the Corporations Act.

Profile Page has the meaning given in section 12.2.

Related Body Corporate has the meaning given in the Corporations Act.

Retail Offer means an Offer to a Retail Investor.

Retail Investor means a person who is not a Exempt Investor.

Security means:

  • a share in an Australian company; or
  • a unit in a unit trust.

Services means any services and facilities provided on or through or by means of the Website or associated with the Website.

Sharequity or we or us means Sharequity Pty Ltd ACN 620 359 588 trading as Sharequity.

Sophisticated Investor means a person who is a sophisticated investor within the meaning of section 708(8) of the Corporations Act.

Transaction means:

  • in the case of an Investor – the steps involved in, and the process of, contributing funds to a Fundraiser’s Offer by accepting that Fundraiser’s Offer to subscribe for Securities in the Fundraiser; and
  • in the case of a Fundraiser – the steps involved in, and the process of, making an Offer to an Investor to subscribe for Securities in the Fundraiser and, if the Offer is accepted, issuing Securities to that Investor in accordance with the terms of the Offer.

Website means the Sharequity website located at www.sharequity.com.au

Exempt Investor means an Investor to which one of the categories in section 708 of the Corporations Act applies, including but not limited to, a Sophisticated Investor or a Professional Investor.

you means you (whether you are an individual or an organisation) and, where the context permits or requires, includes a Fundraiser or Investor and anyone acting on behalf of the aforementioned persons with their express or implied authority.

 

You must consider the offer document in its entirety and the prescribed risk warning before investing.

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