These Terms and Conditions are issued by The Snowball Effect (Australia) Pty Ltd (ACN 631 058 029) ("Snowball Effect") and set out the general terms governing your use of Snowball Effect's website available at snowballeffect.com.au (the "Website"). By accessing this Website, you agree to be bound by these Terms and Conditions.
The Terms and Conditions may be updated from time to time without notice. If at any time you do not agree to these Terms and Conditions, please refrain from using the Website. If you continue to use the Website after any changes are made to these Terms and Conditions then you will be deemed to have agreed to those changes.
Privacy
We will comply with our Privacy Policy. By using our Website you accept this policy as the way in which we collect, hold and manage your information.
Investor Verification
You consent to Snowball Effect collecting, using and disclosing your information for the following purposes:
- Verifying any information that you give to us (or information that we may collect from other sources) with third parties and third party databases, including Government agencies (including but not limited to Motor Vehicle Register, PPSR).
- Carrying out credit checks on you with a credit reporting agency for the requirements of the Anti-Money Laundering and Countering Financing Terrorism Act 2006. This will require us to give your information to the credit reporting agency as well as the credit reporting agency providing information about you to us.
- Verifying any information that you give to us (or information that we may collect from other sources) with third parties and third party databases for the purposes of fraud prevention or the Anti-Money Laundering and Countering Financing Terrorism Act 2006.
- Where you have voluntarily given us your driver licence information, this information may also be disclosed to a credit reporting agency and governmental agencies as part of the checks we undertake with them.
You authorise any third party to provide your information to us for any of these purposes.
You understand that if we disclose your information to a credit reporting agency, they may hold your information on their credit reporting database and use it for providing credit reporting services and for any other lawful purpose and they may disclose your information to their subscribers for the purpose of credit checking or debt collection or for any other lawful purpose.
Person and Services
The services offered by us (the "Services") are not available to minors under the age of 18 or any person who is not qualified to setup an account with us or any person who has been suspended or removed from our Website for any reason. You may not have more than one active account.
For companies looking to raise funds through Snowball Effect, you acknowledge that we are not providing any Services to you unless and until you have submitted a completed "Application" and signed a "Company Agreement" with us.
Accuracy of registration information
You agree to provide accurate, true and complete information about yourself as prompted by our membership application form. If you provide any information that is or becomes untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the Website and the Services.
Unless otherwise stated, all investment opportunities on the Website are only available for investment by Australian wholesale investors. A wholesale investor is a person who falls within the meaning of "wholesale client" under section 761G of the Corporations Act 2001 (Cth).
Confidentiality
It is your responsibility to keep your login details and information about your account confidential. You agree to accept responsibility for all activities that occur under your account and to notify us immediately of any unauthorised use of your account or any other breach of security. We reserve the right to take any action we deem appropriate upon receiving notification from you of unauthorised use of your account or a breach of security.
Cancellation of your account
You are entitled to cancel your account with us at any time. All cancellations will result in the deactivation or deletion of your account.
Links
The Website may contain third party content or links to external websites or resources. These links and third party content are provided for your convenience and the inclusion of them on the Website does not mean that we endorse those sites or resources. We accept no responsibility or liability in relation to any content or security of any other website or resource, and you acknowledge that you access them at your own risk.
Copyright
The Website is comprised of underlying code and software and may include at any given time video clips, sound clips, text, graphics, logos, images, icons and data (together, the "Website Content"). The Website Content is the property of Snowball Effect, our affiliates or third parties with whom we do business.
You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works of, or use any of the Website Content available on or through the Website for commercial or public purposes, unless otherwise indicated on the Website or unless we have given you express written permission to do so.
Disclaimers
With the exception of the specific promises we make in separate agreements to which you are a party and in addition to disclaimers contained elsewhere in these Terms and Conditions, you understand and agree that:
- Your use of the Website and its content is at your own risk.
- The Website is provided "as is" and on an "as available" basis. We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure or that all information provided will be accurate.
- We make no guarantee of any specific results from the use of the Website.
- No part of this Website is intended to constitute advice, and the content of this Website should not be relied upon when making any decisions or taking any action of any kind. Where you take any decision, or enter into any agreement with any other person, as a result of your use of this 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. You agree to comply with any such agreement and with any relevant laws that apply to that agreement.
- While we do our best to ensure this site is secure, we provide no warranty or guarantee that the site is free of viruses, malicious computer code or other forms of interference that may damage your computer or any other device, or that access to this site will be uninterrupted, timely or secure.
- Your use of the Website and Services may be subject to delay or interruption. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events or legal restrictions and censorship.
User acknowledgment
You acknowledge and agree that you are aware of the limitations of the information provided on the Website, including that:
- Investment in new business carries high risks. It is highly speculative and before investing in any project about which information is given, prospective investors are strongly advised to take appropriate professional advice;
- the information contained on this Website or accessible on the Website has been prepared by or on behalf of the person who is proposing to issue or sell the securities or scheme interests and neither Snowball Effect (or its related entities) nor the publisher has undertaken an independent review of the information contained on the Website;
- the information contained on the Website about the proposed business opportunity and the securities or scheme interests is not intended to be the only information on which the investment decision is made and is not a substitute for a disclosure document, Product Disclosure Statement or any other notice that may be required under the Corporations Act 2001 (Cth), as that Act may apply to the investment. Detailed information may be needed to make an investment decision, for example: financial statements; a business plan; information about ownership of intellectual or industrial property; or expert opinions including valuations or auditors' reports;
- prospective investors should be aware that no established market exists for the trading of any securities or scheme interests that may be offered; and
- the Website is subject to Australian Securities and Investment Commission Class Order 02/0273.
Limitation of liability
You agree that to the maximum extent permitted by law, Snowball Effect and its affiliates, officers, employees, agents and partners shall not in any way be liable to you for any loss or damage of any nature arising from your use of the Website or any information contained in it.
Indemnity
You agree to indemnify and hold us (and our officers, directors, agents and employees) harmless from any claim or demand, including reasonable legal fees, arising out of or related to your breach of these Terms and Conditions or any law or the rights of a third party.
Electronic Communications
You consent to receiving communication from us electronically and you agree that all agreements, notices and disclosures satisfy any legal requirement that such communication be in writing. You agree for the purposes of the Electronic Transactions Act 1999 (Cth) to be bound by any agreement reached through electronic means.
Linking to our site
You may not in any way link to our Website without our prior written consent. If you wish to link to our Website or make use of its content, please send a request to [email protected]. We reserve the right to withdrawal any linking without notice.
No waiver
If we do not exercise or enforce any right available to us under these Terms and Conditions, it does not in any way constitute a waiver of those rights.
Severability
If any provision of these Terms and Conditions becomes or is held to be invalid, unenforceable or illegal for any reason, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
Governing law
These Terms and Conditions shall be governed by the laws of New South Wales, Australia, and you submit to the exclusive jurisdiction of the courts New South Wales, Australia for any matter or dispute arising in relation to these Terms and Conditions.
Communication
If you have any questions or concerns relating to these Terms and Conditions, please contact us at [email protected].
