TERMS AND CONDITIONS

AGCROWD PTY LTD (ACN 620 434 988), AFSL Licence No. 511673)
Last updated: [00-00-0000]

1. Introduction

a) This website is owned and operated by Agcrowd Pty Ltd (ACN 620 434 988), AFSL Licence No. 511673) and its related body corporates.

b) Your access to this website is subject to these terms and conditions, our Privacy Policy Statement, notices, disclaimers and any other terms and conditions or other statements contained on this website (referred to collectively as "Terms and Conditions"). By using this website, you agree to be subject to the Terms and Conditions. You must not use our website if you disagree with these Terms and Conditions.

2. Users outside Australia

a) The information contained in this website relates only to Australia and not to any other country.

b) We do not warrant that our website complies with the applicable laws or regulations of any jurisdictions outside Australia. You must not access or use our website unless you are lawfully able to do so.

c) We do not accept any liability for any loss or damage resulting from, related to, the availability of our website or any of our website content to persons resident or situated outside Australia.

3. Registration and accounts

a)You acknowledge that by creating an account on this website it does not guarantee eligibility to participate in all offers and usage of certain features on this website may be restricted based on your location.

b) You must not allow any other person to use your account to access the website.

c) You must not use any other person’s account to access the website.

d) In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you fail or refuse to provide such proof of identity.

e) You consent to us monitoring your use of this website.

f) You agree to comply with all applicable laws when using the website and you may only use the website for lawful purposes. You will not in your use of the website, cause nuisance, annoyance, inconvenience, property damage, whether to use or any other party.

4. User Login Details

a) You must keep your username and password confidential and secure at all times in the same way as a cardholder would a banking password or PIN, including but not limited to:

(i) Not sharing it with anyone;

(ii) Not carrying a record of it within the device you use to access the website or within any capable of being stolen with your device;

(iii) Not choosing an easily guessable password such as your date of birth or a recognisable part of your name;

(iv) Keeping the device you use to access the website safe and secure (including by locking it when not in use or when it is unattended and by installing up-to-date antivirus software on it); and

(v) Removing any stored username or password for the website before disposing of the device you use to access the website.

b) You must notify us in writing immediately if you suspect a security breach in relation to your device or computer system or any unauthorised use of your account.

c) You are responsible for any activity on our website arising out of any failure to keep your login details confidential and secure, and may be held liable for any losses arising out of such failure.

5. Cancellation and suspension of account

a) If we receive a report from you regarding a security breach or unauthorised use, we will suspend your use of the website to protect you from further loss or liability. We will not be liable for any security breaches or unauthorised transactions conducted using the website.

b) You must provide us with and maintain accurate, complete and current account information including a valid email address, phone number. If you fail to maintain accurate, complete and up-to-date account information, your access to the website may be restricted, suspended or cancelled.

c) We may:

suspend your account; and/or

cancel your account;

at any time in our sole discretion with or without notice to you.

d) You may cancel your account on our website.

6. Use of website

a) We reserve the right to suspend, restrict access to our website, to areas of our website and/or to functionality of our website. For example, we may suspend access to the website during server maintenance or when we update our website.

b) You must not:

(i) use our website in any way or take any action that causes, or may cause, damage to our website or impairment of the performance, availability, accessibility, integrity or security of the website;

(ii) use our website in any way that is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful activity or purpose;

(iii) post, supply, input or make available any content and exchange information on our website such postings shall be lawful and shall not be defamatory, offensive, obscene, objectionable or in breach of any obligations of privacy or confidence.

(iv) hack or otherwise tamper with our website;

(v) circumvent any authentication or security systems or processes on or relating to our website;

(vi) decry or decipher any communications sent by or to our website without our permission;

(vii) circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website;

(viii) use data collected from our website to contact individuals, companies or other person’s entities; and

(ix) license, sell and/or otherwise provide access to and/or use of the website to any third party, including without limitation to build a competitive product and/or service.

7. User Content

We may provide you with interactive opportunities on our website. You represent and warrant that:

(i) you are the owner of and/or otherwise have the right to provide all information, text, graphics, images, audio materials, video material, audio-visual material, scripts, software and files, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit to us or our website ("User Content”).

(ii) you will not use the website for unlawful purposes (including, without limitation, infringement of intellectual property rights, misappropriation of trade secrets, wire fraud, invasion of privacy, pornography, obscenity and libel), or to interfere with or disrupt other network users, network services or network equipment.

(iii) all the information you provide to us through our website or in relation to our website is true, accurate, current, complete and non-misleading and do not infringe any proprietary or other rights of third parties;

(iv) you waive all your moral rights in your User Content to the maximum extent permitted by applicable law; and

(v) you will comply with all applicable laws and regulations at all times in the use of our website.

b)We reserve the right to delete and/or remove User Content if we have reasonable grounds to believe that your User Content is in breach of the Terms and Conditions and any applicable laws.

8. Our rights to use your content

a) You grant Agcrowd Pty Ltd an irrevocable licence to use, copy, display, publish, modify, remove, translate, create derivative works from, distribute and/or otherwise use User Content on the website and in all forms of media now known or hereafter invented without notification to and/or approval by you.

b) You acknowledge and agree that User Content maybe be posted in public areas on our website including without limitation in a compilation format, and publicly visible and accessible.

c) All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to Agcrowd Pty Ltd or otherwise disclosed, submitted or offered in connection with your use of the website shall be and remain Agcrowd Pty Ltd’s property. Such disclosure, submission or offer shall constitute an assignment to Agcrowd Pty Ltd of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas and other submissions.

d) We may suspend or terminate your account and delete the User Content immediately without notice to you if we believe that you are utilising our website for illegal or disruptive purposes.

e) You must defend, indemnify, hold Agcrowd Pty Ltd harmless from and against all liabilities and costs (including reasonable legal costs) arising from any and all claims by any person arising out of your use of the website, including without limitation any content.

9. Electronic communications

a) We may as part of the normal business operations send an SMS to your device, call you on your phone number, send an email to the email address you have supplied to us or write to you using the postal address you have supplied to us.

b) You hereby consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on our website or through the other services, such as our “live support” and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

10. Accuracy of information

The information on the Website is provided to you "as is" by Agcrowd Pty Ltd in good faith and has been derived from sources believed by Agcrowd Pty Ltd to be reliable and accurate at the time of providing it. Agcrowd Pty Ltd does not guarantee the accuracy of information on the website.

11. Information

The website contains information that is general in nature. Before acting on the basis of this information, you should consider its appropriateness to your particular investment objectives, financial situation and needs. You should also obtain and read a copy of the relevant Product Disclosure Statement and Financial Services Guide before making any decision to acquire a financial product.

12. Professional Advice

You should consult professional financial advice in conjunction with, or independently obtain, research, analysis and verify, any information that you find on our website and wish to rely upon, whether for the purpose of making an investment decision or otherwise.

13. Third Party Offers

a) Our website may contain references to other special offers or promotions by third parties. Subject to any applicable law which cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of the goods or services available from these persons.

b) Your obtaining of goods or services from these persons is at your own risk.

c) You indemnify us and our authorising licensee against all liability, loss, damage, cost and expense arising from or relating to your obtaining goods or services from a third party referred to in this website.

14. Intellectual Property Rights

a) Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other materials that are part of the website are copyrights, trademarks and/or other intellectual properties owned, controlled or licensed by the website. The website as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by Agcrowd Pty Ltd.

b) All other trademarks, service marks, product names and company names or logos appearing on the Website are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited.

c) The materials on the website and the website as a whole, are intended solely for personal, non-commercial use by you. You may download or copy the downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the website, the website as a whole, or any related software without the prior written permission of Agcrowd Pty Ltd.

15. Copyright notice

© Agcrowd Pty Ltd and contributors. The material on our website is protected by Australian Copyright Legislation and in copyright legislation in other countries. You may use a web browser to view our website and its contents. You may make copies of portions of our website solely for your own information, research or study provided that you do not modify the copy from how it appears on the website and include the copyright notice shown above on the copy that you make.

16. Third party websites

a) Our website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be updated by us.

b) We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

c) When you access any Linked Websites you do so entirely at your own risk.

d) Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.

17. Limited warranties

To the maximum extent permitted by law, all other warranties or conditions are expressly excluded, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition. In particular, we do not warrant:

(i) that your access to the website will be free from interruptions, errors or viruses;

(ii)the accuracy, adequacy or completeness of information on the website (nor do we undertake to keep the website updated).

18. Disclaimer and limitation of liability

To the extent permitted by law, Agcrowd Pty Ltd and our employees, agents and authorised representatives exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, any information on our website whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, Agcrowd Pty Ltd hereby limits its liability, to the extent permitted by law, to the resupply of the said information.

19. Indemnity

You indemnify and agree to defend Agcrowd Pty Ltd and our employees, agents and authorised representatives against any and all claims, demands, and costs, causes of action, expenses, liabilities, or losses and damages of every character (including reasonable legal costs) which may be asserted by any third party in any way related or incident to, arising out of, or in connection with your negligent, intentional or wrongful act or omission, or failure to non-compliance (including any breach of your warranties and representations) and any negligent, intentional or wrongful act or omission committed by you in relation to use of our website and/or Terms and Conditions.

20. Breaches of these Terms and Conditions

a) We may terminate or suspend access to our website and/or account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions.

b) We may terminate your account in our sole and absolute discretion without notice to you, including if:

(i) we suspect you have breached these Terms and Conditions or any applicable law;

(ii) we believe that there has been a security breach or unauthorised use of your Account;

(iii) we reasonably suspect you have committed fraud;

(iv) if required by applicable laws (such as anti-money laundering and counter terrorism financing laws, or sanctions laws);

(v) if directed to do so by your credit card or debit card provider (for example, in circumstances of suspected fraud);

(vi) we determine that your conduct impacts on our name or reputation or violates our rights or those of another party; or

(vii)you do not use the website / account for an extended period of time.

21. Termination

a) Upon termination, you will forfeit all entitlements and benefits associated with your Account and we will have no further obligations or liabilities to you. All of your user content will remain even after your account has been terminated or cancelled and may be dealt with by us as we think fit.

All provision of the Terms and Conditions which by their nature should survive termination, including, without limitation, ownership provisions, limited warranties, indemnity, disclaimers and limitations of liability.

22. Dispute resolution

a) In the event of a dispute arising in respect of any aspect of these Terms and Conditions, the parties agree to refer the matter to mediation as provided below and only upon failure to settle the dispute through mediation will the parties initiate legal proceedings with respect to the same.

(b) The mediation procedure is as follows:

(i) a party may commence mediation by serving a mediation notice on the other party;

(ii) the notice must state that a dispute has arisen and identify the nature of the dispute;

(iii) the parties must jointly request appointment of a mediator. If the parties fail to agree on the appointment within seven (7) days of service of the mediation notice, either party may apply to the President of the Law Institute of Victoria or the nominee of the President to appoint a mediator;

(iv) once the mediator has accepted the appointment the parties must comply with the mediator’s instructions;

(v) if the dispute is not resolved within thirty (30) days of the appointment of the mediator, or any other period agreed by the parties in writing, the mediation ceases.

(vi) The mediator may fix charges for the mediation which charges must be borne equally by the parties

23. Changes to this Terms and Conditions

These Terms and Conditions can be modified at any time by us and you agree to continue to be bound by these Terms and Conditions as modified. We will give you notice of these changes by publishing revised Terms and Conditions on this website – we will not separately notify you of these changes.

24. Assignment

The rights and obligations of each party under the Terms and Conditions are personal. They cannot be assigned, encumbered or otherwise dealt with and no party may attempt, or purport, to do so without the prior written consent of all parties.

25. Severability

If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof will to that extent be severed and deemed not to form part of these Terms and Conditions but the legality, validity and enforceability of all other provisions of these Terms and Conditions will not be affected.

26. Entire agreement

The Terms and Conditions contains the entire agreement between the parties with respect to the use of our website and supersedes all prior agreements and understandings between the parties in connection with it.

27. Law and jurisdictions

These Terms and Conditions are governed by the law in force in the State of Victoria, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and courts of appeal from them for determining any dispute concerning the Terms and Conditions.

28. Privacy / personal information

a) Agcrowd Pty Ltd is committed to ensuring that your privacy is protected and that Agcrowd Pty Ltd is compliant with all applicable laws.

b) Please see our privacy policy at [#insert link to privacy policy] (“our Privacy Policy”).

c) You agree to the use of your data by Agcrowd Pty Ltd in accordance with our Privacy Policy.

29. Our details

If you have any questions about these Terms and Conditions, please see below our contact details:
Email: [email protected]
Mailing address: Agcrowd Pty Ltd of Level 20, 15 William Street, Melbourne VIC 3000
Website: www.agrowd.com.au
Phone: 1300 888 988 (within Australia) or +613 9005 8181 (outside Australia).