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.
You consent to Snowball Effect collecting, using and disclosing your information for the following purposes:
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.
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.
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).
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.
You are entitled to cancel your account with us at any time. All cancellations will result in the deactivation or deletion of your account.
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.
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.
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:
You acknowledge and agree that you are aware of the limitations of the information provided on the Website, including that:
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.
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.
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.
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.
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.
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.
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.
If you have any questions or concerns relating to these Terms and Conditions, please contact us at [email protected].