Terms of Service
Welcome, and thank you for engaging with the Vest Platform. When you use our products and services, you’re agreeing to our Terms of Service (“Terms of Service”), so please take a few minutes to read over the terms below.
These Terms of Service apply to any person (“you” or “your”) accessing our website or apps or who joins our email list, registers as a user, and/or uses the services (collectively, the “Vest Platform”) operated by Vest Platform Pty Ltd (ACN 636 778 473) , and or its subsidiaries or affiliates, collectively referred to as “Vest Platform”, “us”, “we”, or “our”.
By accessing the Vest Platform, you agree that you have read, understood, and accept these Terms of Service, our Privacy Policy, and all other policies or notices posted by us on the Vest Platform.. 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 of Service. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE YOU MUST NOT DOWNLOAD, INSTALL, ACCESS, USE, OR OTHERWISE INTERACT WITH THE VEST PLATFORM.
- Your Account
1.1 - You agree that any information provided by you on or to the Vest Platform is true, complete and accurate. You agree to inform us promptly on becoming aware that any information you have provided on or in connection with the Vest Platform 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 Vest Platform.
1.2 - The Vest Platform provides portfolio and communications management tools to Users (defined below).
1.3 - You must register as a User to use the Vest Platform. We currently offer the following User types
User Type: “Investor(s)” - An Investor is a user who uses the Vest Platform to assist with the management of their portfolio and may join any Community (defined below), subject to the Investor’s acceptance of the relevant Community’s Community Terms.
User Type: “Investee Company(ies)” - A company on the Vest Platform seeking investment .
User Type: “Community Owner(s)” - Is the ultimate controller of a Community. Community Owners will be subject to a separate ‘Software As A Service’ Agreement (“SAAS”) which will be entered into upon registration. Community Owners may control one or more Communities.
User Type: “Community Administrator(s)” - All Communities will be overseen by a Community Administrator. The Community Administrator will determine membership and set rules and parameters as provided on the Vest Platform for that Community, subject to any agreement (if any) between the Community Administrator and the Community Owner.
User Type: “ User(s)” - Any user that has not registered as an Investor or Community, who is able to access and use parts of the Vest Platform and are bound by these Terms of Service to the extent that the User interacts with the Vest Platform.
For the purpose of these Terms of Service, “User” will collectively and individually mean any of the above defined user types and any person authorised to act on each of their behalf.
Any User may join more than one “Community”: A closed group of Users on the Vest Platform, each of which have been invited to join the relevant Community by its Community Administrator.
When a User registers and activates an account (“Account”), they will provide us with personal information including, but not limited to, their full name, email address, a profile picture and any other data collected by third party integrations. Users must ensure that this information is accurate and current.
Users will define a password during the registration process. Users are responsible at all times for keeping their password secure and are responsible for all use and activity carried out under their Account. 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. If you believe that someone has gained unauthorised access to your Account, please contact us immediately at support@vest-platform.com.
By registering an Account, all Users agree that they:
a) are at least eighteen (18) years of age;
b) possess the legal right and ability to enter into a legally binding agreement with us;
c) will not create more than one Account per Community per individual;
d) will not create an Account for anyone without their permission;
e) will not create an Account with false information;
f) will not attempt to make a new Account if we disable or block their existing Account for any reason; and
g) will not transfer or sell their Account to anyone without gaining our prior written permission.
1.4 - We do not monitor Users or their directors and senior managers activities (including, without limitation, during the period an Offer is live) on the Vest Platform.
1.5 - The fact that any User is permitted to use the Vest Platform and our services, will not provide any warranty as to the performance of any Community, Community Owner, Community Administrator, Investee Company, User, or the results of any Investment in that Investee Company and you should not rely this fact when making any decision to invest or taking any action of any kind. We do not undertake any due diligence in relation to any Investee Company, verify the content of any Offer material and we make no warranties or representations (whether express or implied) related to the accuracy, completeness, or reliability of the content of any Offer material.
- Use of Service
2.1 - As long as you comply with these Terms of Service, we grant you a non-exclusive, worldwide, revocable, non-transferable licence to use the Vest Platform.
2.2 - We may alter or amend any aspect or part of the Vest Platform at any time at our sole discretion without prior notice or liability to you. Notwithstanding the foregoing, you acknowledge that we are not liable for any loss or damage whatsoever, howsoever caused, resulting from any action taken or reliance made by you on any information or material on the Vest Platform.
2.3 - PLEASE BE AWARE THAT USERS MAY SHARE (SOLICITED OR UNSOLICITED) BUSINESS, FINANCIAL, INVESTMENT, AND LEGAL ADVICE ON THE VEST PLATFORM. WE DO NOT WARRANT, CERTIFY, OR VERIFY THAT OUR USERS HOLD ANY ACCREDITATION OR QUALIFICATIONS, AND DO NOT GUARANTEE, SUPPORT, OR OTHERWISE ENDORSE THE VALIDITY, ACCURACY, TRUTH, OR LEGALITY OF ANY INFORMATION PROVIDED BY USERS VIA THE VEST PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING YOUR OWN INVESTIGATIONS AND DUE DILIGENCE WHEN INTERACTING WITH OTHER USERS ON THE VEST PLATFORM, AND FOR ENSURING THAT YOUR INTERACTIONS WITH OTHER USERS ARE IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING ALL APPLICABLE SECURITIES LAWS IN YOUR HOME (OR APPLICABLE) JURISDICTION.
2.4 - We have implemented some technical security measures i.e. firewalls, encryption that limit the risk of loss, disclosure, or unauthorised access. However, no security measures are 100% secure, so we cannot guarantee the security of your information or data at any time. You acknowledge and agree that you upload, store, and share confidential information via the Vest Platform at your own risk, and to the extent permitted by law, we accept no liability for any breach of security, breach of confidence, direct hacking of our security measures, or any unintentional disclosure, loss or misuse of any information or data, or for the actions of any third parties that may obtain any of your information or data (confidential or otherwise).
2.5 - While it is our goal at the Vest Platform to provide you with a continuous and stable service, we cannot guarantee that there will be no unforeseen difficulties, technical or otherwise, which may, in rare cases, result in service interruptions or loss of data. We reserve the right to cease the operation of the Vest Platform, or any part thereof, at any time without prior notice or liability to you.
- Privacy
When you provide personal information to us, we will comply with our Privacy Policy. By using the Vest Platform you accept the Privacy Policy.
- Disclaimers and Limits of Liability
4.1 - The Vest Platform is provided as is and on an as available basis, without any warranty of any kind. We expressly disclaim all implied warranties to the maximum extent allowed by law, and we make no warranty regarding the information on the Vest Platform. Access to the Vest Platform may be temporarily suspended and without notice in the case of system failure, maintenance or repair or for reasons beyond our control, and we are not liable or responsible if the Vest Platform is unavailable at any time or for any period for any reason. All use of the Vest Platform is at your own risk.
4.2 - To the maximum extent permitted by law:
(a) All warranties, representations and guarantees (whether express or implied) are excluded, including without limit all warranties, representations and guarantees related to merchantability or fitness for purpose, accuracy, completeness, reliability, usability, security, quality, performance, availability, or timeliness of the Vest Platform, its content or the content of any application linked to or from the Vest Platform;
(b) None of the Vest Platform and its related companies, and each of their employees, officers, agents and contractors makes any representation as to the accuracy or likelihood of fulfilment of any statements, opinions, projections, forecasts and other material (forward looking statements) or any of the assumptions upon which they are based;
(c) While the Vest Platform endeavours to ensure that the information on the Vest Platform is correct, the Vest Platform does not warrant the accuracy and completeness of the material on the Vest Platform. The Vest Platform may make changes to the material on the Vest Platform, or to the products or services and prices described in it, at any time without notice;
(d) Whilst the Vest Platform enables Investors, Community Owners, and Community Administrators to self-declare accreditation, we do not certify or verify the accreditation of any of its Users.
(e) The Vest Platform and our affiliates, parent companies, subsidiaries, officers, directors, employees, contractors, representatives, agents, network service providers, business partners, licensees and licensors (collectively, the “Related Parties”) disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further excludes liability for all losses, including without limitation direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with your access to or use of the Vest Platform, even if we or our Related Parties have been advised of the possibility of such damages. This exclusion applies regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
4.3 -We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Vest Platform or a third-party linked website. You must take your own precautions to ensure that whatever system you select for your use of the Vest Platform is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
4.4 - We may, from time to time and without notice, change or add to the Vest Platform (including these Terms of Service) or the information, products or services described in it. However, we do not undertake to keep the Vest Platform updated. We are not liable to you or anyone else if errors occur or if any information on the Vest Platform is not up-to-date.
- Reliance on information
No part of the Vest Platform is intended to constitute and does not constitute an investment or financial product or other advice or a recommendation by Vest Platform or its related companies. Vest Platform and its related companies are not liable or responsible for any reliance placed on the Vest Platform, and the contents of the Vest Platform including without limitation any offer material in relation to an Investee Company that is available on the Vest Platform, by you or anyone who you may inform of its contents. Vest Platform and its related companies make no guarantee of any specific results from the use of the Vest Platform. Where you take any decision, or enter into any agreement with any other person, as a result of your use of the Vest Platform, 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.
- Investment Risk and Disclaimer
6.1 - Investing in early stage companies is risky. Investee Companies include new or rapidly growing ventures. Investment in these types of ventures is speculative and high risk. An investment into an Investee Company through the Vest Platform is suitable only for sophisticated investors.
6.2 - The existence of any Investee Company is not a recommendation or endorsement to invest by us.
6.3 - You may lose your entire investment, and you should be in a position to bear this risk without undue hardship.
6.4 - Even if the Investee Company is successful, the value of your investment and any return on the investment could be reduced if the Investee Company issues more shares.
6.5 - Your investment is unlikely to be liquid. This means you are unlikely to be able to sell your investment quickly or at all if you need the money or decide that this investment is not right for you.
6.6 - Even if you have remedies for misleading statements in the offer document or misconduct by the Investee Company, you may have difficulty recovering your money.
6.7 - Notwithstanding any applicable rules for handling your money, if your money is handled inappropriately or the Community Owner or Community Administrator becomes insolvent, you may have difficulty recovering your money.
6.8 - We make no representation about, nor give any guarantee of, future performance or profitability, payment of dividends or return of capital in respect of any Investee Company that is available for investment.
6.9 - We do not conduct any due diligence in relation to any Investee Companies. To the extent that we conduct any screening (which we may or may not undertake in our sole discretion), it will be limited to verifying the existence of the company and preliminary checks on its directors and senior managers. Any such screening is not a recommendation to invest and should not be mistaken for due diligence.
6.10 - We have not verified the content of any offer material in relation to an Investee Company and we make no warranties or representations (whether express or implied) related to the accuracy, completeness, or reliability of any such material.
6.11 - You should consider your own objectives, financial situation and needs, ask questions, read all information given carefully, and independently make all such investigations and seek all such professional financial, legal and tax advice that is necessary before determining whether or not to make any investment.
6.12 - By accessing the Vest Platform, and by investing in any company that is available for investment, you acknowledge that you understand and accept the risks involved in making an investment.
- Third party content, links, and promotions
7.1 - The Vest Platform contains content provided by other persons and may contain links to websites or applications operated by third parties. If you use these links, you leave the Vest Platform. The inclusion of any content provided by any other person and the inclusion of links to other websites are provided for convenience and 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.
7.2 - The Vest Platform contains approved applications, known as “Plugins”. For a full list of our Plugins, please visit: https://vest-platform.com/plugins. Content and information on Plugins is controlled by the owner of such Plugins. We take no responsibility for any damage or harm arising out of your use of the Plugins operated by third parties.
7.3 - For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms of Service, those terms and conditions will prevail.
- Code of Conduct
8.1 - Certain types of conduct are inappropriate when using the Vest Platform. You agree not to engage or encourage others to engage in such inappropriate conduct. In particular, but without limitation, you must not:
a) harvest any information or communicate another person’s information or details without their prior consent;
b) falsely state or otherwise misrepresent your affiliation with a person or entity;
c) threaten, stalk, intimidate, harass, bully, assault, pester or do anything else unwanted to another person;
d) use, share, upload, create or deal in any way with material that contains “viruses”, “Trojan horses”, “copybots”, “worms”, spyware, “time bombs”, “cancelbots” or any other computer programs or codes that are intended to damage, interrupt, destroy, detrimentally interfere with or limit the functionality of any computer system, computer software or hardware, data, personal information or telecommunications equipment or other such device;
e) modify, or attempt to modify, any underlying computer code in the Vest Platform and/or any related material;
f) directly or indirectly send “spam”, “junk mail”, “chain letters”, “pyramid schemes” or any other form of solicitation, unauthorised advertisements or unauthorised promotion; or
g) discuss or encourage illegal activity.
If you do engage in such conduct we may take whatever steps are necessary to stop and/or prevent such behaviour, including termination of your Account and use of the Vest Platform.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON VEST PLATFORM USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF OUR USERS. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE CONDUCT OF USERS. WE HAVE THE RIGHT, BUT NOT OBLIGATION, TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS OF USERS AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
8.2 - Other than your personal information, any material you transmit or post to the Vest Platform will be considered non-confidential and non-proprietary. We have no obligations with respect to such material. We are free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
8.3 - You are prohibited from posting or transmitting to or from the Vest Platform any material:
a) for which you have not obtained all necessary licences and/or approvals or that you do not own, have permission to display, publish or post;
b) that is unrelated to an investment in a company that is available on the Vest Platform;
c) which constitutes or encourages conduct that violates or may violate any law; or
d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
8.4 - You may not misuse the Vest Platform (including, without limitation, by hacking).
8.5 - We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this clause 8.
- User Content
9.1 - You own all content and information that you post, reproduce, publish, communicate, transmit, upload, display or otherwise make available via the Vest Platform (collectively “Post”).
9.2 - By registering as a User, you grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right and licence to host, store, use, copy, display, reproduce, communicate, publish, transmit, adapt, edit, publish, modify and distribute information you Post on the Vest Platform (including to your Account) or to other Users (collectively “Content”). This licence is granted by you to us for the limited purpose of operating, developing, providing, and improving the Vest Platform and researching and developing new services and applications associated with the Vest Platform. You agree that any Content you place or that you authorise us to place on the Vest Platform may be viewed by other Users and may be viewed by any person visiting or participating in the Vest Platform. Though the Vest Platform will seek to maintain the confidentiality of any data designated as confidential by a User, Vest Platform does not guarantee any confidentiality with respect to any User Content.
9.3 - This licence for us to use your Content ends when an Account is deleted, unless your Content has been shared with other Users and they have not deleted it. You also understand that deleted Content may persist in backup copies for a reasonable period of time.
You must not add/remove any Content to/from the Vest Platform:
a) unless you hold all necessary rights, licences and consents to do so;
b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
c) that would be in breach of these Terms of Service, including our Privacy Policy;
which:
i. - infringes any proprietary rights of any third party (including intellectual property rights);
ii. - brings or could bring the Vest Platform into disrepute;
iii. - is or could reasonably be considered to be obscene, defamatory, libelous, disparaging, indecent, seditious, offensive, scandalous, sexually explicit, pornographic, threatening, abusive, harassing, hateful, harmful to children, degrading, derogatory, intimidating, malicious, graphically violent, liable to incite racial hatred, discriminatory, blasphemous or otherwise inappropriate;
iv. - is or could reasonably be considered to be negligent, deceptive, misleading, false, or fraudulent;
v. - unlawfully impersonates any person (including by way of celebrity look-a-likes or sound-a-likes), or states or misrepresents any affiliation with any person where such affiliation does not exist;
vi. - depicts, encourages, promotes or induces conduct that could violate any law or give rise to criminal or civil liability;
vii. - contains any personally identifying or other personal information about you or any other person except as requested by us in order to provide the Vest Platform to you;
viii. - is in breach of confidence or in breach of privacy, or contains any confidential information, material, or non-public information about any individual, person, or company without the express approval of the individual, person, or company; or
ix. - contains or omits any information or instruction that might be injurious to any person’s physical or mental wellbeing.
9.4 - You understand and agree that we may (but are not obligated to) monitor or review any Content you Post. We may delete any Content, in whole or in part, that in our sole judgment violates these Terms of Service or may harm the reputation of the Vest Platform.
9.5 - Although we reserve the right to review and remove Content that violates these Terms of Service, such Content is the sole responsibility of the User who posts it, and we cannot guarantee that all Content will comply with these Terms of Service. If you see Content on the Vest Platform that violates these Terms of Service, please report it to support@vest-platform.com.
- Intellectual property
10.1 - We (and our licensors) own all proprietary and intellectual property rights in:
a) The Vest Application, including (without limitation) all text, graphics, brands, logos, icons, sound or image recordings, its look and feel, the underlying software, system and network, and any other material forming part of the Vest Platform; and
b) any copy, development, adaptation, or customisation of, or modification to, the items listed in clause 10.1(a); and
c) except to the extent expressly permitted by these Terms of Service or by law, you must not copy, adapt, store, distribute, display, publish, reproduce or create derivative works from any part of the Vest Platform, nor decompile or reverse engineer any underlying software, system or network.
10.2 - You acknowledge and agree that we own or license all legal right, title and interest in and to the Vest Platform, including any and all intellectual property rights which subsist in the website, application, and the “Vest Platform” brands generally (whether those rights happen to be registered or not, and wherever in the world those rights may exist) and nothing in these Terms of Service gives you a right in or to such intellectual property.
10.3 - By using the Vest Platform, you agree that you shall not (and will not permit anyone else) to adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any intellectual property in the Vest Platform. You agree that you will not use any intellectual property in a way that is likely or intended to cause confusion about the owner or authorised user of such intellectual property. Any reproduction or redistribution of the Vest Platform, other than by way of authorised and legitimate “sharing” mechanisms, is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Vest Platform to any other server or location. For the avoidance of doubt, publication, reproduction, communication, or distribution of underlying rights in the Vest Platform is expressly prohibited.
If you believe that any materials on the Vest Platform infringe your intellectual property, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the intellectual property holder or an authorised representative, and must: (a) identify the allegedly infringing materials; (b) indicate where on the Vest Platform the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that you are the lawful intellectually property owner or are authorised to act on the owner's behalf. If you believe that someone has wrongly filed a notice of intellectual property infringement against you, you may send us a counter-notice in accordance with our requirements. Our contact for intellectual property issues relating to the Vest Platform (including the notices and counter-notices) is support@vest-platform.com.
10.4 - For the purpose of these Terms of Service, “intellectual property” includes, but is not limited to, copyright, patents, designs, patterns, artistic works, photography, literary works, musical works, sound recordings, cinematograph films, software, code, algorithms, trademarks, service marks, trade names and logos.
- Payment
11.1 - If you’re a Community, you’re responsible for paying for Community subscription fees, and any other applicable fees to use the Vest Platform (collectively “Community Fees”) on time and through our approved payment methods. These fees are billed on a regular and recurring basis (unless you cancel your subscription), and may change in the future. When registering as a Community, you shall provide a bank account or other payment details necessary for payment of the relevant fees.
11.2 - Communities may establish membership criteria and/or terms that users must accept in order to become members of that Community (“Member”). Communities may also require payment of fees from their member Investors, in which case the member Investors shall provide bank account or other payment details necessary for payment of relevant fees stipulated by the Community (“Member Fees”).
11.3 - As a registered Community or paying Member, you authorise us, or any authorised third party appointed by us, to charge for the applicable Community Fees or Member Fees to the payment method you provide. You acknowledge and agree that your continued access to your Account and/or the Vest Platform (as applicable) is subject to your payment of the applicable Community Fees on a monthly or annual basis in advance.
11.4 - Should you fail to provide any payment of the Community Fee and/or Member Fee (as applicable) for any reason, or if payment from your nominated source fails, you acknowledge and agree that we shall have the right to immediately cancel your access to your Account and/or the Vest Platform (as applicable), without notice to you.
11.5 - You acknowledge, confirm and agree that we may, at our sole and absolute discretion, increase, decrease, modify, alter, introduce or remove any fee charged by us, either permanently or temporarily, which may impact your Community Fees and/or Member Fees (as applicable).
11.6 - You may cancel your recurring subscription at any time. If you cancel your recurring subscription, you will not be charged the next due automatic payment of the Community Fee or Member Fee and you shall cease to be entitled to the benefits of your respective Account once the paid up subscription term expires.
11.7 - From time to time, we may offer products and services for purchase (“In-App Purchases”) through iTunes, Google Play or Plugins (“Software Stores”). If you choose to make an In-App Purchase, you will be prompted to enter details for your Account with your Software Store Account (“SS Account”), and your SS Account will be charged for the In-App Purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for In-App Purchases that apply to your SS Account. Be aware that some Software Stores may charge you sales tax, depending on where you live.
11.8 - All charges (including payment of the Community Fees and Member Fees) shall not be refundable or returnable for any reason whatsoever. Unless otherwise stated, all fees and all transactions are in Australian dollars.
11.9 - IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS OF SERVICE PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
- Termination
12.1 - You may terminate your Account at any time, for any reason, by following the prompts in your Account settings, however you will need to manage your In-App Purchases through your mobile device platform (e.g., iTunes, Google Play). We may terminate your Account at any time without notice if we believe that you have violated these Terms of Service. Upon such termination, you will not be entitled to any refund for any payments.
12.2 - We may, at any time, withdraw, revoke, suspend, or terminate any User from using the Vest Platform, at any time for any reason without notice, at our sole discretion (acting reasonably). This may arise due to, for example, market conditions, or concerns raised about the User or its directors or senior managers or any concerns that we become aware of, including the interests and appetite of our Users.
- Confidentiality
All information disclosed on the Vest Platform, including without limitation the identity of an Investee Company, is strictly confidential and must not be disclosed, reproduced or transmitted to or discussed with any other person (other than any one of your directors, officers, employees, agents or advisors on a need to know basis) at any time whatsoever without our prior written consent. This obligation of confidentiality does not apply to any information which:
a) is generally available to the public (other than as a result of wrongful disclosure); or
b) is required to be disclosed by any law, the rules of any stock exchange or any regulatory authority (but only to the extent so required).
- Indemnity
a) You agree to indemnify, hold harmless and defend us and our Related Parties, at your expense, against any and all claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable solicitors' fees and other dispute resolution expenses) incurred by us and our Related Parties arising out of or relating to: (a) your access to or use of the Vest Platform; (b) your Content; (c) your breach of these Terms of Service; (d) your violation of any law; and (e) your access to or use of any Plugins.
- No waiver
If we do not exercise or enforce any rights available to us under these Terms of Service, it does not constitute a waiver of those rights.
- Illegality
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is 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 of Service will be binding on you.
- Jurisdiction
Your use of the Vest Platform and these Terms of Service are governed by and construed in accordance with the laws of Queensland, Australia and are subject to the non-exclusive jurisdiction of the Queensland courts. We may transfer, assign, novate or otherwise deal with any part or whole of our obligations under these Terms of Service without notification to you.
- Amendments
We may amend these Terms of Service at any time by updating them on the Vest Platform. All amendments will be effective immediately upon an update being made. You are responsible for ensuring that you are familiar with the latest Terms of Service. Your continued use of the Vest Platform following the posting of changes will mean that you accept and agree to the changes.
- Miscellaneous
These Terms of Service, together with the Privacy Policy, SAAS, and applicable Community Terms, make up the entire agreement between you and us, and supersede any prior agreements. To the extent that there is a conflict between these Terms of Service and any Community Terms, these Terms of Service shall prevail.
Please be aware that when you access or use the Vest Platform on your mobile or other personal device that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
- Contact
If you have any questions about these Terms of Service or the Vest Platform generally, please do not hesitate to contact us at support@vest-platform.com.
