1.2. For that reason these Terms are important and you should ensure that you read them carefully and contact InvestorU with any questions before you use the Website.
1.3. By using the Website you acknowledge and agree that you have read and understand these Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.
2.1.”Confidential Information” means any information of InvestorU, or of another User which is designated as confidential or which is of a confidential or sensitive nature, which is marked or denoted as confidential or which a reasonable person to whom that information is disclosed or to whose knowledge the information comes would consider confidential.
2.2.”Content” means anything that is uploaded, posted or otherwise transmitted through the Website, and when it is introduced to the Services by you, it is your Content.
2.3.”Intellectual Property” means all intellectual property rights (including, without limitation, all registered and unregistered copyright, designs, trademarks and patents) of any nature in any technology, trade secrets, User lists, User details (including, but not limited to, User emails, telephone numbers and addresses) and User-related information, software, program, inventions, designs, works and subject matter belonging to InvestorU.
2.4.”Membership” means an application to InvestorU, through the Website, for a User name, account and password.
2.5.”Membership Data” means any information provided by you to InvestorU in any registration form on the Website or otherwise.
2.6.”Services” means the social media platform for experienced investors and market professionals.
2.7.”Third Party” means an entity other than InvestorU or its parent or its subsidiaries
2.8.”You” means the user or any other party currently accessing the Services.
3.1. These terms prevail in the event that anything in, or associated with, the Website is inconsistent with these Terms.
3.2. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
3.3. These Terms and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
3.4. InvestorU shall be under no liability whatsoever to you for any direct or indirect losses and/or expense (including loss of profit) suffered by you arising out of a breach by InvestorU of these Terms, including InvestorU’s negligence.
3.5. The failure by InvestorU to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect InvestorU’s right to subsequently enforce that provision.
3.6. InvestorU may provide any notice required under these Terms by publishing the notice on the Website (“Notice”).
3.7. InvestorU may amend or vary these Terms at its sole discretion by giving Notice. The varied Terms are to take effect immediately upon Notice being given. Your continued use of the Website after any variation of these Terms will be deemed to constitute your acceptance of the varied Terms. If you do not accept the varied Terms, please discontinue your use of the Website and/or terminate your Membership.
4. Use of Website
4.1. InvestorU grants you a non-exclusive, non-transferable licence to use the Website and Services in accordance with the terms and conditions set out in these Terms.
4.2. The Website contains links to other websites and may from time to time contain content added by a Third Party. InvestorU does not endorse, sponsor or approve any such user generated content or any content available on any linked website.
4.3. InvestorU expressly disclaims all liability for any Content transmitted or posted on the Website, or otherwise transmitted to any User by any other means, or by any person, including your reliance on such Content.
4.4. You acknowledge and agree that:
(a) InvestorU retains complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in its sole discretion; and
(b) the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
4.5. You acknowledge that the information provided on Website is general in nature and does not constitute financial advice. InvestorU does not guarantee the accuracy of information on the website, including information provided by contributors or third parties at any particular time.
4.6. You expressly acknowledge that you will not rely on the Website to make a financial or investment decision. Before making any decision, you must seek professional advice to take into account your particular investment objectives, financial situation and needs.
4.7. You agree and acknowledge that you accept sole responsibility associated with the use of the information and material on the Website and the information on the Website is no substitute for financial advice.
5. Conduct and Obligations
5.1. By accepting these Terms, you are representing that you:
(a) have the capacity to accept these Terms;
(b) will maintain the security and confidentiality of your User account, login details, password and identification; and
(c) will provide, or have provided, and will maintain and promptly update the Membership Data and ensure that information provided is accurate, current and complete.
5.2. You are solely responsible for the Content and all activities that occur under your Membership. You agree not to upload, post, or otherwise transmit Content that:
(a) is inaccurate, misleading, incorrect, harmful, obscene, pornographic, defamatory, racist, sexist, threatening, violent, offensive, abusive, vulgar, profane, indecent, unlawful, harassing, or otherwise objectionable to InvestorU or other Users of the Website, including any Content which is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation and/or any physical or mental disability;
(b) exploits another person in any manner;
(c) includes unauthorised disclosure of personal information;
(d) advertises services for non-individuals or for any other reason which is not aligned to the purposes for which the Services are intended;
(e) violates or infringes anyone’ss intellectual property rights; or
(f) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
5.3.You must immediately notify InvestorU of any unauthorised use of your User account, login and/or password.
5.4.You must ensure you completely sign out of your account at the end of every session where you use the Website, and ensure that all personal data has been deleted from the system.
5.5.InvestorU may, but is not obliged to, at any time request a form of identification to verify your identity and/or your compliance with these Terms.
5.6.InvestorU reserves the right to edit or remove Content that violates these Terms or for any other reason it deems necessary in its absolute discretion but shall not be held liable for its failure to do so.
5.7.InvestorU may record and store information relating to your Membership, including any complaint made against you. InvestorU reserves the right to disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or request from a Government authority.
5.8.You must not use any spider, screen scraper, robot, or other automated similar software or device (“Prohibited Device”) to use or access the Website in any way whatsoever, nor can you use any Prohibited Device (or any similar process) to copy, download or monitor the Content, without InvestorU’s prior written approval. Search engines may access and index content on the Site provided that they obey the Robots Exclusion Standard and exclude documents with METATAG markings designed to preclude access including indexing, archiving or caching. Specific technical queries about search engine use should be emailed to ASX.
6. Confidential Information
6.1.You agree to keep the Confidential Information of InvestorU and any other User confidential and to use or disclose such information only for the purposes as authorised by the owner of the Confidential Information.
6.2. The obligations of confidentiality in clause 6.1 will not apply to information which:
(a) is generally available in the public domain except where such availability is as a result of a breach of these Terms;
(b) was known prior to the disclosure of the information by you; or
(c) is required to be disclosed by an applicable law or court order
7. Intellectual Property Rights
7.1. Nothing in these Terms constitutes a transfer of any Intellectual Property rights. You acknowledge and agree that, as between you and InvestorU, InvestorU owns all Intellectual Property rights in the Website.
7.2. By using the Services, posting or adding any content onto the Website, you grant InvestorU a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that Content in any way (including, without limitation, reproducing, changing, and communicating the Content to the public) and permit InvestorU to authorise any other User to do the same thing if InvestorU chooses to do this.
7.3. You represent and warrant to InvestorU that you have all necessary rights to grant the licences and consents set out in clause 7.2.
7.4. You must obtain express written permission from InvestorU if you wish to reproduce any aspect of the Website or other Intellectual Property owned by InvestorU.
7.5. The materials displayed on the website, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site (“Content”) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site.
8. Termination and Suspension
8.1. The Terms will continue in force until such time that they are varied or replaced, but InvestorU may terminate the Terms or the Website at any time and without prior Notice.
8.2. InvestorU may suspend or terminate any User from using the Website without Notice.
8.3. InvestorU reserves the right to change or discontinue any service or feature on the Website in whole or in part at any time in its sole discretion.
8.4. InvestorU reserves the right to change pricing for any chargeable service or feature on the Website at any time, and will provide Notice in accordance with these Terms where the price is varied.
9. Limitation of Liability
9.1. You will be responsible for and will indemnify InvestorU against liability for all loss, damage or injury to persons or property caused by you, or your employees or agents, and the amount of all claims, damages, costs and expenses which may be paid, suffered or incurred by InvestorU in respect of any such loss, damage or injury will be made good at your expense.
9.2. InvestorU shall not be liable to you in respect of any losses suffered or incurred by you arising out of or in connection with the provision of the Services, including but not limited to, reliance on the information or content on the Website.
9.3. You shall be liable for any loss, damage or injury to any party or parties (including InvestorU and other Users) resulting from your negligent acts or omissions through your use of the Services and shall indemnify and keep indemnified InvestorU against any claim or claims made against it.
9.4. InvestorU reserves the right, but has no obligation, to monitor disputes between Users of the Website. You agree to hold InvestorU harmless in connection with any dispute or claim that you make against any other User of the Website.
9.5. Without limitation to the foregoing, you agree that InvestorU’s maximum liability to you (if any) arising out of any kind of legal claim or action in any way connected to the Services or the Website will be limited to the total amount paid by you (if any) for any chargeable service provided by InvestorU in the thirty (30) calendar days prior to the date of your claim.
10. Disclaimer of Warranties
10.1. You acknowledge that InvestorU makes no representation or warranty:
(a) that your access to the Website (including any Third Party applications or payment platforms on the Website) will be, timely, secure, uninterrupted and/or error-free;
(b) that any defects on the Website will be corrected;
(c) that any information disclosed on the Website will be accurate, up to date, complete or useful;
(d) that Website or the server which stores and transmits the Website to you are free from viruses or any other harmful components;
(e) about the accuracy, reliability or completeness of information on the Website.
11. Assumption of Risk
11.1. You agree and understand that you assume all risks when using the Website, including without limitation any and all of the risks associated with any online or offline interactions with other Users and all risk for any damage to your computer system or loss of data.
12.1. You agree to indemnify, and continually indemnify, InvestorU in relation to all claims, actions, liabilities, costs, losses and expenses (including legal costs on a full indemnity basis) that InvestorU incurs as a result of your use of the Services, and/or from your failure to comply with these Terms.
13. Advertisements and Promotion
13.1. InvestorU may run sponsored advertisements and promotions from a Third Party on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than InvestorU found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party. InvestorU is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third Party advertisers on the Website.