Sharequity Pty Ltd

Terms and Conditions of Use  
Version 3.0: April 2023

1. Terms of Use
   
   1.1 Agreement

These Terms and Conditions of Use constitute an agreement between you and Sharequity Pty Ltd (ACN 620 359 588) (Sharequity or we or us) and ShareX Pty Ltd (ABN 66 631 150 804) (ShareX) (Terms and Conditions).

These Terms and Conditions govern your use of the website operated by Sharequity at www.sharequity.com.au (Website), whether as an Investor (defined below), a Fundraiser (defined below) or otherwise. Please read these Terms and Conditions carefully.

By accessing and using the Website or our services (Services), you agree to be bound by these Terms and Conditions and our Privacy Policy (Privacy Policy). If you are an authorised representative of another person (e.g. a company), you confirm that you are authorised to, and do in fact, bind that person to these Terms and Conditions and the Privacy Policy. If you do not accept these Terms and Conditions and the Privacy Policy, you must immediately stop using the Website and the Services.

       1.2 Additional Terms and Conditions

If you are an Investor (a person investing or applying to invest in an offer on the Website), a Fundraiser (a person raising funds through an offer on the Website, including, via an initial public offer or an offer to exempt investors, including sophisticated investors within the meaning of section 708(8) of the Corporations Act), we will also send you additional terms and conditions that set out the rules governing certain transactions (Additional Terms). If you participate in a transaction, you agree to be bound by and comply with those Additional Terms (as well as these Terms and Conditions and the Privacy Policy).

2. Your Account

You agree that any information provided by you to us, directly or indirectly, on or to this Website is true, complete and accurate in all respects. You agree to promptly inform us on becoming aware that any information you have provided us is or has become untrue, incomplete or inaccurate. If you provide information that is or becomes untrue, incomplete or inaccurate, or we have grounds to suspect that such information is untrue, incomplete or inaccurate, without limiting any other right or remedy available to us, we may limit, suspend or terminate your access to the Website.

Access to certain parts of this Website requires you to register an account with us. You may access those certain parts of the Website using your username and password, set up by you. Your account is personal to you and is not transferable. You are responsible for keeping your username and password secure. You agree to take all responsibility for all activities that take place under your account and to notify us immediately upon you becoming aware of any unauthorised use of your account or any other breach of security. We reserve the right to take any action we deem appropriate on receiving notification from you of unauthorised use of your account or a breach of security.

Your use of the Website includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions.

3. Privacy Policy

When you provide personal information to us, we will comply with our Privacy Policy, accessible on the Sharequity Website. By using the Website, you accept the Policy.

4. Disclaimers, Limits of Liability and Indemnities

The Website is delivered to you, on an “as is” and an “as available” basis. All use and access to the Website is at your own risk. To the extent permitted by law:

1. all warranties, representations and guarantees (whether express or implied) are excluded, including without limitation, all warranties, representations and guarantees related to merchantability or fitness for purpose, accuracy, completeness, reliability, usability, security, quality, performance, availability, or timeliness of the Website, its content or the content of any website linked to or from the Website;
2. Sharequity and its employees, officers, agents and contractors are, to the maximum extent permitted by law, not liable to you or any other person for any losses, expenses, claims or costs (including without limitation for any loss of profits, revenue or data, incidental, consequential, exemplary, special, or indirect damages) arising under or in connection with these Terms and Conditions or the Website, any information downloaded from the Website, or your use of or access to (or inability to use or access) the Website. This exclusion applies regardless of whether such liability arises in contract, tort, equity, breach of statutory duty, or otherwise; and
3. to the extent that liability has not been or may not be excluded under these Terms and Conditions, our total liability to you under or in connection with these Terms and Conditions, the Website, any content and or information downloaded from the Website, or your use of or access to (or inability to use or access) the Website will not exceed the cost of providing the Services again.
   
   

5. Indemnity

You agree to indemnity Sharequity and its employees, officers, agents and contractors from and against (without limitation) any losses, expenses, claims or costs (including out of pocket expenses), arising from, or in relation to, your breach of these Terms and Conditions or any laws or the rights of any third party.

6. Reliance on information

We do not give you any investment, legal, tax, financial or other advice or recommendation in connection with your registration or any investments conducted through the Website. We are not liable or responsible for any reliance placed on the Website, and the contents of this Website, by you or anyone who you may inform of its contents. We make no guarantee of any results arising from the use of the Website. Where you take any decision, or enter into any agreement with any other person, as a result of your use of the Website, you acknowledge that you do so having independently made all such investigations and taken all such professional advice as may be necessary to enable you to make an informed and independent decision.  

7. Viruses, hacking and other offences

Sharequity does not represent or guarantee that the Website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion and Sharequity disclaims any liability for these occurrences. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference. You acknowledge that despite us taking all reasonable precautions, there is a risk of unauthorised access to, or alteration of your transmissions or data or of information contained on your computer system or on the Website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

8. Intellectual property

Sharequity owns all proprietary and intellectual property rights in:

• the Website, including (without limit) all text, graphics, brands, logos, icons, sound or image recordings, and its look and feel, the underlying software, system and network, and any other material forming part of the Website;
• any copy, development, adaptation, or customisation of, or modification to, the items listed in clause 8(a); and
• except to the extent expressly permitted by these Terms and Conditions or by law, you must not copy, adapt, store, distribute, display, publish, reproduce or create derivative works from any part of this Website, nor decompile or reverse engineer any underlying software, system or network.
  
  

9. Third party content

The Website contains content provided by other persons and may include links to other websites. The inclusion of any content provided by any other person and the inclusion of links to other websites does not imply any endorsement, approval or recommendation of, or responsibility for, the contents, operations, products or operators of that content or those sites. We take no responsibility for any damage or harm arising out of the inclusion of such content or links.

10. No waiver

The failure of Sharequity to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

11. Illegality

If any provision of these Terms and Conditions is invalid or inoperative, that provision will be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. That replacement term and the remainder of these Terms and Conditions will be binding on you.

12. Jurisdiction

These Terms and Conditions are governed by the laws of Western Australia and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

13. Amendments

We may amend these Terms and Conditions from time to time by updating them on this Website.

All amendments will be effective immediately upon an update being made. You are responsible for ensuring that you are familiar with the latest Terms and Conditions. By continuing to use this Website following an update, you agree to be bound by the amended Terms and Conditions.