Use of the website
Use of this website and the accompanying mobile application (collectively, site) is provided by Aussie Angels Pty Ltd ABN 51 653 070 163 (we, us, our or Aussie Angels) and is subject to the following terms and conditions and any other directions or rules for use of the site which may apply from time to time (collectively, terms).
Please read these terms carefully. If you have any questions, please contact us so we can clarify and update any areas of ambiguity. When you access the site (other than to read these terms for the first time), you are taken to have agreed to these terms and be bound by them.
1. Important information
You use the site at your own risk. To the maximum extent permitted by law, no member of Aussie Angels or any of their directors, employees, agents, related bodies, third party content providers or licensors makes any express or implied representation or warranty about, or will be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with, the site, its use, its content or any products or services (including our products or services) referred to on the site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- any reliance on the completeness, accuracy, suitability or currency of the site or its content
- accessing any sites or servers maintained by other organisations through links on the site
We may suspend or remove access to the site at any time. We are not liable, for any reason, if the site is unavailable or any functionality of the site is restricted or impaired.
The site has been prepared for general promotional purposes only and is not a recommendation to buy, or an offer or solicitation to sell, any financial product.
The site is intended to provide general information and must not be construed as general or specific investment or professional advice. No direct or implicit recommendations are given in the information on the site.
The site has been prepared without taking into account the personal objectives, financial situation or needs of any particular person. We recommend you obtain financial advice specific to your situation before making an investment decision.
Risks & Disclosures
We reserve the right to withdraw or amend, update or change the Risks and Disclosures at any time without notice. An up-to-date version of the Risks and Disclosures will be available on our website. You are responsible for keeping up to date of any changes by regularly reviewing the Risks and Disclosures.
The Deal Note
The Deal Note (also known as Aussie Angels IM Part B) for any financial product referenced on the site forms the complete and definitive source of information in relation to those products. In the event of any inconsistency between information on the site and information contained in the Deal Note, the Deal Note will prevail. You agree that the Deal Note and any other information relating to our financial products may be sent to you by email.
Exclusion of implied warranties
To the maximum extent permitted by law, we exclude all warranties that otherwise would be implied in any transactions for the supply by us of information, products or services offered on the site (including warranties of satisfactory quality, merchantability and fitness for purpose).
Limitation of our liability (if any) to you
To the full extent permitted by law, Aussie Angels and its associates exclude all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in these Terms and Conditions.
To the full extent permitted by law, the site, the content contained is provided to you "as is" and on an "as available" basis, without any representation or endorsement made and without warranty or guarantee of any kind (whether express or implied). This means that Aussie Angels does not guarantee continuous, uninterrupted or secure access to the site or that its servers are free of computer viruses, bugs or other harmful components or that defects will be corrected. As a result, you may at times experience disruption or other difficulties in using the site. You should consider the potential for disruption or other difficulties in planning your use of the site. To the extent permitted by law, Aussie Angels has no liability to you whatsoever for loss or costs of any kind you suffer as a result of or in connection with any disruption or other difficulties in using the site.
To the full extent permitted by law, and except were the relevant liability arises from Aussie Angels' unlawful actions, neither Aussie Angels nor any party involved in creating, producing or delivering the site accepts any liability for the accuracy, timeliness or completeness of the information contained on the site (including information included in the Deal Note) or any responsibility for any errors or omissions in the content on the site.
To the full extent permitted by law, and except where the relevant liability arises from Aussie Angels' unlawful actions, Aussie Angels excludes all liability to you for any damages or loss (including without limitation direct, incidental, indirect, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit, or loss or corruption of data) arising out of your access to, or use of, or inability to use or access the site or otherwise in connection with:
- your use of, or reliance on, the site however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise));
- the accuracy, timeliness, credibility, quality, utility or completeness of the information contained on the site; and/or any errors or omissions in the content on the site, whether or not Aussie Angels is aware of such errors or omissions.
Certain legislation including the Australian Consumer Law, may imply warranties or conditions or impose obligations, remedies or guarantees which cannot be excluded, restricted or modified except to a limited extent. Such legislation may, for example, impose non-excludable guarantees that goods are of acceptable quality or that services will be rendered with due care and skill (with certain remedies available to consumers for certain breaches of such guarantees). To the extent that such legislation applies, these Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of these Terms and Conditions, to the extent that Aussie Angels is entitled to do so, Aussie Angels limits its liability pursuant to such provisions for services, to the re-supply or the payment of the cost of having the services supplied again.
To the maximum extent permitted by law, we accept no, and exclude all, liability for information or services supplied or offered by us for free.
You agree to provide true, accurate, current and complete information about yourself and your accounts maintained by third parties and you agree to not misrepresent your identity or your account information held with third parties.
You agree that we may collect and use technical data and related information, including
but not limited to technical information about:
- your smartphone and other hardware devices, and
- your systems and other application software,
- to facilitate the provision of software and other updates to the site.
- Third party links and materials
The site contains links to other sites. You agree that:
- those links are provided for convenience only and may not remain current or be maintained
- we are not responsible for the content or privacy practices associated with linked sites and have no control over those linked sites
- those links are not an endorsement, approval or recommendation by us of the owners or operators of linked sites, or of any information, graphics, materials, products or services referred to or contained on linked sites, and
- you indemnify us against any loss or damage we suffer which results from your use of linked sites in a way which breaches the terms and conditions which govern their use.
You acknowledge that any third party materials appearing on the site (including blog posts or articles provided by others) are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.
4. Copyright and Intellectual Property Notices
Copyright and trademark notices
Unless expressed to the contrary all copyright, trademarks and other intellectual property rights contained in the site and the materials appearing on it are owned or licensed by us and may not be reproduced, stored, adapted, uploaded to a third party system or used without our prior written permission. No trade mark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.
The site may also contain trademarks of our affiliates or third parties (including advertisers, sponsors and customers). The use or misuse of these trade marks, except as expressly authorised, is prohibited. The use by us of a trademark on the site is not intended to indicate any association with, or endorsement by, the owner of that trade mark.
We own or control, and reserve, all rights
Unless otherwise indicated, all rights (including copyright) in the content and compilation of the web pages and on-line images (including text, graphics, logos, button icons, video images, audio clips and software) comprising the site are owned or controlled, and are reserved, by us.
5. User Conduct
Lawful and authorised use only
You must only use the site for lawful purposes and for the purposes explicitly outlined and authorised in the site (including in these terms). If any part of the site requires you to provide a username and password to access or use any part of the site, you must keep that username and password confidential and not provide them to anyone other than us. You must immediately let us know if you believe that your password is known to someone else or if it may be used in an unauthorised way.
You are authorised to:
- download and view content
- register your interest in receiving further information from us in relation to products or services we may offer to you (or invite offers from you) in the future, and
- use the software included in the site for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You must not exploit any of our site materials for commercial purposes without our prior written permission.
You are not authorised to:
You are not otherwise authorised to copy, broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, sell, lease, licence, show or play in public, adapt or change in any way the content of, or create a derivative work from, the site for any other purpose unless we have provided prior written consent and you have also received the permission of any other relevant rights owner. You must not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of the site.
This prohibition does not extend to materials on the site which are expressed to be freely available for re-use or replication, subject to any conditions we specify.
Any contributions made by you to the site must:
- be accurate (where they state facts)
- be genuinely held (where they state opinions)
- not be misleading or deceptive, and
- comply with applicable law in any country from which they are made.
You must not use or contribute to the site, or any tools or applications offered through the site, in a manner that:
- violates or infringes the rights of others (including their intellectual property, privacy and publicity rights)
- is unlawful, fraudulent (or has any unlawful or fraudulent effect), threatening, discriminatory, sexually explicit, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person
- encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law
- impersonates any person or mispresents your identity or affiliation with any person (including us)
- transmits or procures the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (including spam)
- restricts or inhibits any other user from using or enjoying the site
- affects the functionality or operation of the site or its servers or the functionality or operation of any users’ computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly), or
- breaches any standards, content requirements or codes of any relevant authority, including authorities which require us to take remedial action under any applicable industry code.
Code of Conduct
You agree to adhere to the following Code of Conduct. Please be advised that if you violate any of the rules of the Codes of Conduct, we reserve the right to remove you from the site.
We have the right to disable any user or terminate or restrict your access to the site if in our opinion you have failed to comply with any of these User Conduct regulations. In the event that this occurs we are not obligated to provide you with a reason.
Cooperation with authorities
We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.
Your responsibilities under laws affecting you
You are responsible for ensuring that your use of the site is lawful, does not infringe any third party’s rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant internet industry codes of practice).
6. Contacting us and complaints
7. Changes to this policy
We reserve the right to withdraw or amend, update or change the functionality or content of the site at any time without notice. We may change these terms at any time, without notice. An up-to-date version of these terms will be available on our website. You are responsible for keeping up to date of any changes by regularly reviewing these terms. If you access the site after any changes are posted, you agree to all changes (including those which you are then unaware have been posted).
8. Carried Interest Distributions
Aussie Angels collects carried interest (“Carry”) on Deals through the Website. When and if there is a liquidity event, Aussie Angels may distribute a portion of the Carry collected from investors to the Syndicate Lead in accordance with the Carry they are entitled to.
The site (excluding any linked third party sites) is controlled by us from Australia. These Terms and Conditions are governed by the laws in force in the State of NSW, Australia. Any disputes must be determined by the courts having jurisdiction in NSW, Australia in accordance with laws in force in NSW. Both you and Aussie Angels irrevocably submit to the non-exclusive jurisdiction of the courts of that State and all courts with jurisdiction to hear appeals from those courts.
If any of these terms are found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining terms.
No offers where illegality arises
Nothing on the site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
Site or content may be unlawful outside Australia
We do not warrant that the content of the site complies with the laws of any other country. If you access the site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you because of that access or any consequent transactions or dealings with us.
We have the right to disable any user or terminate or restrict your access to the site if in our opinion you have failed to comply with any of these terms and conditions. We also reserve the right to remove and delete any content you put on the site.