Terms and Conditions
1. Your Account
1.1 You agree that any information provided by you on or to this Application is true, complete and accurate. You agree to inform us promptly on becoming aware that any information you have provided us 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 this Application.
1.2 Access to certain parts of this Application requires you to register an account with us. You may access those certain parts of the Application using your username and password, set up by you. Your account is personal to you and is not transferable. You are responsible for keeping your user name and password secure. 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. By registering an account with us you represent and warrant that you meet the requirements of a wholesale client under section 761G of the Corporations Act 2001 (Cth), and that you are able to access the Application without contravening any laws in the jurisdiction in which you reside, conduct business, or access this Application.
1.3 Certain aspects of this Application may be governed by additional terms. You agree to comply with any such further terms and with any relevant laws that apply to your use of that aspect of the Application. If you make an investment through the Application, you agree to provide any further information that may be required by us.
2. Use of Service
As long as you comply with these Terms of Service, we grant you a non-exclusive, worldwide, revocable, non-transferable licence to use the WAVIA Application.
We may alter or amend any aspect or part of the WAVIA Application 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 WAVIA Application.
PLEASE BE AWARE THAT USERS MAY SHARE (SOLICITED OR UNSOLICITED) BUSINESS, FINANCIAL, INVESTMENT, AND LEGAL ADVICE ON THE WAVIA APPLICATION. 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 WAVIA APPLICATION. YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING YOUR OWN INVESTIGATIONS AND DUE DILIGENCE WHEN INTERACTING WITH OTHER USERS ON THE WAVIA APPLICATION, 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.
We have implemented some technical security measures i.e. firewalls, encryption that limit the risk of loss, disclosure, or unauthorized 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 WAVIA Application 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).
While it is our goal on the WAVIA Application 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 WAVIA Application, or any part thereof, at any time without prior notice or liability to you.
4. Disclaimers, Limits of Liability and Indemnities
4.1 The Application is provided as is and on an as available basis. Access to the Application 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 Application is unavailable at any time or for any period for any reason. All use of the Application 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 Application, its content or the content of any application linked to or from this Application;
(b) None of IA 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 IA endeavours to ensure that the information on the Application is correct, IA does not warrant the accuracy and completeness of the material on the Application. IA may make changes to the material on the Application, or to the products or services and prices described in it, at any time without notice;
(d) IA and its related companies, and each of their employees, officers, agents and contractors are, not liable to you or any other person for any losses, expenses, claims or costs (including without limitation for any loss of profits, revenue or data, incidental, consequential, exemplary, special, or indirect damages) however caused relating in any way to these Terms or this Application, any information accessed or downloaded from this Application (including without limitation the accuracy or completeness of the information or any errors or omissions), or your use of or access to (or inability to use or access) this Application. This exclusion applies regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
You agree to indemnify, hold harmless and defend us and our affiliates, parent companies, subsidiaries, officers, directors, employees, contractors, representatives, agents, network service providers, business partners, licensees and licensors (collectively, the “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 WAVIA Application; (b) your Content; and (c) your breach of these Terms of Service.
6. Third party content and links
The Application contains content provided by other persons and may include links to other websites or applications. If you use these links, you leave the Application. The inclusion of any content provided by any other person and the inclusion of links to other websites 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. Reliance on information
No part of this Application is intended to constitute and does not constitute investment or financial product or other advice or a recommendation by IA or its related companies. IA and its related companies are not liable or responsible for any reliance placed on this Application, and the contents of this Application including without limitation any offer material in relation to an investee company that is available on this Application, by you or anyone who you may inform of its contents. IA and its related companies make no guarantee of any specific results from the use of this Application. Where you take any decision, or enter into any agreement with any other person, as a result of your use of this Application, 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.
8. Viruses, hacking and other offences
8.1 Other than your personal information, any material you transmit or post to the Application 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.
8.2 You are prohibited from posting or transmitting to or from the Application 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; or
(b) that is unrelated to an investment in a company that is available on the Application;
(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).
8.3 You may not misuse the Application (including, without limitation, by hacking).
8.4 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 7.
9. Intellectual property
We (and our licensors) own all proprietary and intellectual property rights in:
(a) This Application, including (without limit) all text, graphics, brands, logos, icons, sound or image recordings, and its look and feel, the underlying software, system and network, and any other material forming part of this Application; and
(b) any copy, development, adaptation, or customisation of, or modification to, the items listed in clause 8(a); and
(c) except to the extent expressly permitted by these Terms or by law, you must not copy, adapt, store, distribute, display, publish, reproduce or create derivative works from any part of this Application, nor decompile or reverse engineer any underlying software, system or network.
All information disclosed on the Application, 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).
11. Investment Risk Warning
11.1 Investing in early stage companies is risky. Investee companies that are available for investment through the WAVIA Application 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 Platform is suitable only for sophisticated investors.
11.2 You may lose your entire investment, and you should be in a position to bear this risk without undue hardship.
11.3 Even if the investee company is successful, the value of your investment and any return on the investment could be reduced if the company issues more shares.
11.4 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.
11.5 Even though you have remedies for misleading statements in the offer document or misconduct by the investee company, you may have difficulty recovering your money.
11.6 Notwithstanding any applicable rules for handling your money, if your money is handled inappropriately or the person operating this WAVIA Application on which this offer is published becomes insolvent, you may have difficulty recovering your money.
11.7 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 through the WAVIA Application.
11.8 We do not conduct any due diligence in relation to any investee companies available for investment through the WAVIA Application. 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.
11.9 We have not verified the content of any offer material in relation to investee companies that are available for investment through the WAVIA Application and we make no warranties or representations (whether express or implied) related to the accuracy, completeness, or reliability of this material.
11.10 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.
11.11 By accessing the WAVIA Application (Website or Application), and by investing in any company that is available for investment on the WAVIA Application, you acknowledge that you understand and accept the risks involved in making an investment.
12. No waiver
If we do not exercise or enforce any rights available to us under these Terms, it does not constitute a waiver of those rights.
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 will be binding on you.
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia and are subject to the non-exclusive jurisdiction of the New South Wales courts for all users of the Application.
We may amend these Terms at any time by updating them on this Application. All amendments will be effective immediately upon an update being made. You are responsible for ensuring that you are familiar with the latest Terms. By continuing to use this Application following an update, you agree to be bound by the amended Terms.
If you have any questions about these Terms of Service or the WAVIA Application generally, please do not hesitate to contact us at firstname.lastname@example.org.
WAVIA App End User License Agreement
This End User License Agreement (“Agreement”) is between you and WAVIA and governs use of this app made available through the Apple App Store. By installing the WAVIA App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the WAVIA App.
In order to ensure WAVIA provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report as offensive” feature found under each post.
This Agreement is between you and WAVIA only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you.WAVIA, not Apple, is solely responsible for the WAVIA App and its content.
WAVIA, may collect and use information about your usage of the WAVIA App, including certain types of information from and about your device. WAVIA may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the WAVIA App.
3. Limited License
WAVIA grants you a limited, non-exclusive, non-transferable, revocable license to use the WAVIA App for your personal, non-commercial purposes. You may only use the WAVIA App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Age Restrictions
By using the WAVIA App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the WAVIA App does not violate any applicable law or regulation. Your access to the WAVIA App may be terminated without warning if WAVIA believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the WAVIA App, you agree to be bound by this Agreement in respect to your child’s use of the WAVIA App.
5. Objectionable Content Policy
Content may not be submitted to WAVIA , who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
WAVIA disclaims all warranties about the WAVIA App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, WAVIA, not Apple, shall be solely responsible for such warranty.
7. Maintenance and Support
WAVIA does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, WAVIA , not Apple, shall be obligated to furnish any such maintenance or support.
8. Product Claims
WAVIA, not Apple, is responsible for addressing any claims by you relating to the WAVIA App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the WAVIA App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
9. Third Party Intellectual Property Claims
WAVIA shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the WAVIA App. To the extent WAVIA is required to provide indemnification by applicable law, WAVIA , not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the WAVIA App or your use of it infringes any third party intellectual property right.