2. Other important legal information
3. Relationship to Other Agreements
During the course of your use of the Website, you may choose to agree to be bound by certain other agreements: for example, if you wish to join Squareknot as a member, you will need to agree to a Membership Agreement, and if you wish to invest in or lend to a business through Squareknot, you will need to agree to a loan agreement and/or investment agreement and other documents. We refer to all of these other agreements taken together as the "Substantive Agreements", because rather than just governing your technical use of the Website, they set out the substantive terms that govern your relationship with us when you make use of our platform.
The Website Agreements will continue to apply to you even after you have entered in to a Substantive Agreement. However, if it turns out that there is a conflict between the Website Agreements and a Substantive Agreement that you agree to, the Substantive Agreement will take precedence.
4. Ownership of our Website
The intellectual property rights in our Website and its contents are either owned by or licensed to us or third parties with whom we do business. All such rights are reserved and nothing in these terms shall transfer any such rights to you. Our status (and that of any identified contributors) as the authors of the material on our Website must always be acknowledged.
5. Permitted use of our Website
You are permitted to retrieve and display/listen to content from our Website and to print off one copy or to download one digital copy or extract of any page(s) from our Website for your personal reference.
6. Restrictions on use of our Website
You must not republish or otherwise reuse any content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
You are not permitted to download nor reuse any images, video or audio files from our Website independently from their original context. You must not modify any copies you have made of content you have printed or downloaded from our Website in any way.
7. Uploading material to our Website
Whenever you make use of a feature on our Website which allows you to upload material or to contact other users, you must not submit any material which is, or which links to or refers to any material which:
7.1 is threatening, abusive, malicious, defamatory, obscene, indecent, pornographic or otherwise sexually explicit, blasphemous, profane, intended or likely to incite racial or religious hatred, or is otherwise objectionable or offensive in any way in terms of standards prevailing within Australia and Australian Commonwealth, State or Territory laws;
7.2 is unlawful or which encourages the commission of a criminal offence under Australian Commonwealth, State or Territory laws;
7.3 contains a virus, worm, trojan or other hostile computer program; or
7.4 infringes any intellectual property rights and breaches compliance under Australian Privacy Laws including the Privacy Act 1988 (Cth) (Privacy Act);
8. Linking to our Website
You may link to our Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it (having regard both to the context of the link and the other contents of the website on which it appears), but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. You agree to remove any links to our Website established by you upon request.
9. Changes to our Website
We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
10. Withdrawal of access
In the event that you breach these terms we may:-
10.1 immediately withdraw your right to use our Website on a temporary or permanent basis; and/or
10.2 immediately remove any posting or material uploaded by you to our Website on a temporary basis; and/or
10.3 issue a warning to you; and/or
10.4 in the case of a breach of term 7, disclose such information to law enforcement authorities as we reasonably feel is necessary,
providing that nothing in this term shall restrict any other remedy available to us in law nor imply any obligation for us to make our Website available to you on an ongoing basis.
11. Reliance on information posted
Commentary and other materials posted on our Website are not intended to amount to advice which you may rely on. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our Website, or by anyone who may be informed of any of its contents.
12. No endorsement of third parties
The appearance or absence of products, services, companies, organisations or other content related to third parties on this Website (whether in the form of advertising or otherwise) does not imply their endorsement or non-endorsement by us. Links from our Website to other sites and resources provided by third parties are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility or liability for them, and we disclaim liability for all forms of loss or damage arising out of the use of them.
We make no warranty or representation (express or implied) 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.
Nothing contained in the Website shall constitute an offer to sell to or solicitation of of an offer to purchase from any investor in any jurisdiction, that users acknowledge and agree that Squareknot is not a provider of legal, accounting, investment or tax advice and that the provision of information in the Website is not and should not be considered as a recommendation by Squareknot in relation to an investment in a business that is profiled on the Website;
The Website is provided "as is" and on an "as available" basis, and we give no warranty that it will be free of defects and / or faults.
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, acts of war, or legal restrictions and censorship.
To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from your use of the Website or any information contained in it, and you use the Website and its content at your own risk. This is not intended to exclude or restrict our liability for death or personal injury arising from your use of the Website.
Users should be aware that they use the Website and its content at their own risk.
We have made every effort to ensure that these terms adhere strictly with the relevant provisions of Australian Consumer Law (ACL). However, in the event that any of these provisions are found to be unlawful, invalid or otherwise unenforceable, that provision is to be deemed severed from these terms and shall not affect the validity and enforceability of the remaining terms.
Nothing in the Website Terms excludes, restricts or modifies the consumer’s rights under the ACL, which otherwise would be in breach of the ACL or void.
This clause on "Severability" shall apply only within jurisdictions where a particular term is illegal.
15. Our liability
The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy.
To the extent permitted by law, we and all other contributors to our Website (who shall each be entitled to the benefit of this term as though they were a party to these terms) expressly exclude all loss and damage of whatever kind incurred by any user in connection with our Website and any materials posted on it, including, without limiting the foregoing:
15.1 losses which were not foreseeable to us and you at the time of the relevant use of the Website;
15.2 indirect losses;
15.3 consequential losses;
15.4 business losses (including loss of profit and loss of goodwill);
15.5 computer failure resulting for any reason; and
15.6 loss of data,
providing that nothing in these terms shall affect our liability for death or personal injury arising from our negligence, fraud, or any other liability which cannot be excluded or limited under applicable law.
If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
17. Choice of law
These terms and any claim relating to our Website between you and us (including non-contractual claims) are governed by the laws of New South Wales, Australia. By using our Website, you irrevocably and unconditionally submit to the jurisdiction of the courts of New South Wales. You are responsible for compliance with any applicable laws of the country from which you access our Website.
18. Amendments to these terms
This is Version 1.1 of the terms.
The Website Agreements represent the entire understanding between you and us in relation to use of our Website and its content. We reserve the right to make changes to these terms at any time without notice and you agree to be bound by any such changes. You should check this Website from time to time to review the then current Version of these terms. If any of these terms is deemed invalid, void, or unenforceable it shall not affect the validity and enforceability of the remaining terms. If there is any conflict between two Versions of these terms to which you have agreed or been deemed to agree, the more recent Version shall take precedence.
19. Our details
www.squareknot.com.au is a website owned and operated by, and a trade name of, Squareknot Pty Ltd.
Squareknot Pty Ltd, Office 5, 65 Doody St, Alexandria, NSW 2015. Australia.
Certain terms used in this Agreement have been capitalised. If the definition has not been set out when the term is first used, it shall bear the meaning below.
"Website" means the website that you are currently using (www.squareknot.com.au) and any sub-domain of this Website (unless expressly excluded by terms and conditions specific to that sub-domain), together with any successor website to this Website.