Terms of use

Updated: 16 November 2023

Overview

The website www.fraxtor.com.au and app.fraxtor.com.au, referred to as “Site”, are owned and operated by Fraxtor Australia Pty Ltd ACN 662 471 990 (“Fraxtor”). Throughout the Site, the terms “we”, “us” and “our” refer to Fraxtor. Fraxtor offers the Site and the services it offers through the Site (“Services”), including all information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available therein and the functionalities or services provided therein, including third party materials (collectively the “Site Materials”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site, you agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, investors, customers and/or contributors of content.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services hosted on the Site. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

These Terms of Use may be amended, supplemented or otherwise modified by Fraxtor at any time without any advance notification or obtaining your consent. Any amendments or supplements to, or other modifications of, these Terms of Use shall be posted on the Site and we do not have an obligation to inform you separately of any such revision. You agree that any revision to the Terms of Use can and may take effect immediately upon publication or at such other timing as we may specify in writing. You agree that any notification of amendments in the above mentioned manner shall be sufficient notice to you, and your continued access to the Site shall be deemed as your unconditional acceptance to such revised Terms of Use. You are therefore reminded to check the Terms of Use regularly for the latest updated version. Any new features or tools which are added to the current Site shall also be subject to the Terms of Use.

Section 1 – Acknowledgement

By agreeing to these Terms of Use, you represent that you are at least 18 years of age.

You agree to abide by all applicable local or foreign laws, rules, acts, regulations, subsidiary legislation notices, notifications, circulars, licence conditions, orders, directions, requests, requirements, guidelines, directives, codes, information papers, practice notes, demands, guidance and/or decisions of any national, state or local government, any agency, exchange, regulatory or self-regulatory body, law enforcement body, court, central bank or tax revenue authority or any other authority whether in Australia or elsewhere, whether having the force of law or not (including any intergovernmental agreement between the governments or regulatory authorities of two or more jurisdictions or otherwise), as may be amended from time to time (“Applicable Laws”) in the use and/or access of the Site and/or the Services. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your access to the Site and our Services.

Section 2 – General Conditions

We reserve the right to refuse anyone access to the Site for any reason at any time.

You agree not to reproduce, duplicate, copy, publish, broadcast, adapt, distribute, alter, sell, resell or exploit whether in whole or in part the Site, use of the Site, or access to the Site or any content hosted on the Site through which the Services are provided, without our prior express written consent.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Intellectual Property, Communications and Records

All intellectual property, logos, trade marks, emblems, designs, models, logos, licences, copyrights, assets or material used in this Site and the Site Materials are the property of Fraxtor and/or the respective third-parties identified in this Site. Your access to this Site and the Site Materials and/or use of the Service should not be construed as a grant of any license or right to use any intellectual property, logos, trade marks, emblems, designs, models, logos, licences, copyrights, assets or material without prior express written permission or consent of Fraxtor and/or the respective third-parties identified in this Site. You agree to not engage in any form of infringement, imitation, simulation, illegal, improper, wrongful or unauthorized use of all intellectual property of Fraxtor and/or the respective third-parties identified in this Site.

You may not do anything that will violate or infringe such intellectual property rights and, in particular, you shall not copy, download, publish, distribute, transmit, disseminate, sell, broadcast, circulate, exploit (whether for commercial benefit or otherwise) or reproduce any of the information or content contained in or provided on or via the Site or the Site Materials in any form without the prior written permission of Fraxtor or its licensor(s). Further, no part or parts of the Site or any Site Materials may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Fraxtor or its licensor(s). Subject to other applicable terms, guidelines, notices, rules and policies, Fraxtor grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and the Site Materials solely for your own personal, informational and non-commercial use, provided that you do not modify the Site Materials and that you retain all copyright and other proprietary notices contained in the Site Materials.

With respect to all contents of transmissions or communications you make or submit through the Site, we shall be free to reproduce, use, disclose, host, publish, transmit and distribute all such contents of transmissions or communications or any part thereof to others without limitations, and you hereby grant to us and our agents, a non-exclusive, world-wide, royalty-free, irrevocable licence and right to do the same.

You acknowledge and agree that any records created and maintained by Fraxtor of the communications, transactions, instructions or operations made or performed, processed or effected through the Site or in relation to the Site by you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent, shall be binding on you for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations.

Section 4 – Accuracy, Completeness and Timeliness of Information

To the extent permitted by law, the Site, Services, and the Site Materials are made available on an “as is” and “as available” basis, and at your sole risk. Fraxtor assumes no responsibility and makes no representation or warranty on the accuracy, validity or completeness of the materials or information contained in the Site and/or the Site Materials, and disclaims all liability for any errors, delays or omissions in the Site and/or the Site Materials, or for any action taken in reliance thereon. To the extent permitted by law, no warranty of any kind, implied or express, including but not limited to the warranties of non-infringement of third party rights, title, or merchantability is given in conjunction with the Site or the Site Materials.

Although Fraxtor will take all reasonable steps to protect your personal information from misuse, interference, loss, unauthorised access, modification or disclosure, Fraxtor does not warrant the security of any information transmitted by you or to you through the Site or that there would be no delay, interruption or interception in data transmission. You accept the risk that any information transmitted or received through the Site may be accessed by unauthorised third parties, and that transactions over the Internet may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet. Regardless of any security measures taken by Fraxtor, Fraxtor shall assume no responsibility whatsoever for any loss or expense resulting from such delays, interruptions and/or interceptions except to the extent such loss or expense results directly from Fraxtor’s negligence or wilful misconduct.

Any materials, information, view, opinion, projection or estimate presented via the Site and/or the Site Materials is made available by Fraxtor for informational purposes only, and is subject to change without notice. You must make your own assessment of the relevance, timeliness, accuracy, adequacy, commercial value, completeness and reliability of the materials, information, view opinion, projection or estimate provided in the Site or the Site Materials and such independent investigations as you may consider necessary or appropriate for the purpose of such assessment. Any opinion or estimate provided in the Site and/or the Site Materials is made on a general basis and is not to be relied on by you as advice. Accordingly, no warranty whatsoever is given by Fraxtor and no liability whatsoever is accepted by Fraxtor for any loss arising whether directly or indirectly as a result of you acting on any materials, information, view, opinion, projection or estimate provided in the Site and/or the Site Materials except to the extent such loss results directly from Fraxtor’s negligence or wilful misconduct.

This Site and the Site Materials may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

Without prejudice to other provisions in these Terms and to the extent permitted by Applicable Laws, Fraxtor, and our related corporations and any of our directors, officers, employees, representatives, third party service providers and agents, shall not be liable to any person (even if Fraxtor or its agents or employees may have been advised of, or otherwise might have anticipated, the possibility of such loss, damages or expenses) for any losses, liabilities, damages, costs or expenses (including any indirect, incidental, special, consequential or punitive damages or economic loss or any claims for loss of profits or loss of use) whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly from or in connection with the Site and/or Site Materials, and/or any of the following: (i) any access, use, misuse, inaccuracy of, or inability to use the Site and/or Site Materials, or reliance on the Site Material; (ii) any system, server or connection failure, error, omission, interruption, interception or delay in transmission, or computer virus or other malicious, destructive or corrupting code, agent, program or macros; (iii) any use of and/or access to any third party websites linked to or provided through the Site; or (iv) your use of any Services, products, information, data, software or other material obtained or downloaded from the Site and/or the Site Materials or from any third party websites linked to or provided through the Site, except to the extent that such liability results directly from Fraxtor’s negligence or wilful misconduct.

Section 5 – Third-Party Links

Certain content, products and services available via our Site may include materials from third-parties that are not owned or controlled by Fraxtor, including third-party tools.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. Such links are provided solely for your convenience and are not an endorsement by Fraxtor of any content, products or services provided on or via such websites. Use of such links is entirely at your own risk. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We make no representations or warranty as to having reviewed or verified the relevance, timeliness, accuracy, adequacy, commercial value, completeness or reliability of the content, products or services of such websites.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or tools. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Under no circumstances shall it be construed that, in case of your access to and use of systems, services, content, materials, products or programmes of any third party, Fraxtor is a party to any transaction, if any, between you and such third party or that Fraxtor endorses, sponsors, certifies, or is involved in the provision of such systems, services, content, materials, products or programmes contained in or provided on or via the Site and/or the Site Materials and Fraxtor shall not be liable in any way for your access to and use of systems, services, content, materials, products or programmes of any third party, or for purchases or subscription made in relation thereto, each of which shall be your responsibility or that of the relevant third party.

You acknowledge and agree that you will be solely responsible for any access or use of third party systems, services, content, materials, products or programmes contained in or provided on or via the Site and/or the Site Materials. If you access or use such third party systems, services, content, materials, products or programmes, you must comply with the relevant terms and conditions for the access or the use thereof.

Section 6 – User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 7 – Personal Information

We manage personal data collected through the Site, or otherwise obtained in connection with the Site and/or our products/services in accordance with our Privacy Policy which forms part of these Terms of Use. Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Site and services. To view our Privacy Policy, please go to this link.

Section 8 – Restricted Access

Access to certain sections of the Site may be restricted to persons who have registered and fulfil the onboarding criteria of our Platform.

Section 9 – No Investment Advice

The Site and the Site Materials are not intended to provide any investment, tax or legal advice or to make any recommendations about the suitability of any investments or products to any party. All data and information available on our Site is strictly for information purposes only and should not be regarded as an offer, solicitation, invitation, advice or recommendation on our part to buy or sell any securities or other capital markets product or financial services.

No consideration has been given to the specific investment objective, financial situation and particular needs of any specific person, and the information herein should not be used as a substitute for any form of advice. You should seek your own independent financial, legal, regulatory, tax or other advice before making an investment in the investments or products. In the event that you choose not to seek advice from a relevant adviser, you should consider whether the investment or product is suitable for you.

Section 10 – Site Access

You agree and acknowledge that these Terms of Use and the Site do not include the provision of Internet access or other telecommunication services by Fraxtor. Any Internet access or telecommunications services (such as mobile data connectivity) required by you to access and use the Site shall be your sole responsibility and shall be separately obtained by you, at your own cost, from the appropriate telecommunications or internet access service provider.

You agree that from time to time we may remove your access to the Site for indefinite periods of time without notice to you.

Section 11 – Sub-Contracting and Delegation

We may delegate or sub-contract the performance of any of our functions in connection with the Site.

Section 12 – Successors and Assign

These Terms of Use will bind you and us and our respective successors in title and assigns and will continue to bind you notwithstanding any change in our name or constitution or our merger, consolidation or amalgamation with or into any other entity (in which case these Terms of Use will bind you to our successor entity).

Section 16 – Successors and Assign

Section 13 – Prohibited Use

In addition to other prohibitions as set forth in the Terms of Use, you agree and undertake not to use the Site or the Site Materials:
1. for any unlawful purpose;
2. to solicit others to perform or participate in any unlawful acts;
3. to violate any international, federal, state or territory regulations, rules, laws, or local ordinances;
4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. to submit false or misleading information;
7. to upload or transmit viruses, software, material or any other type of malicious, destructive or corrupting code, agent, program or macros that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet (including those which may impair or corrupt the Site’s data or the Site Materials or damage or interfere with the operation of another user’s computer or mobile device or the Site);
8. to collect or track the personal information of others;
9. to impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
10. to spam, phish, pharm, pretext, spider, crawl, or scrape;
11. to post, promote or transmit any materials or information through the Site which are or may be illegal, misleading, incomplete, erroneous, offensive, indecent, defamatory or which may not be lawfully disseminated under Applicable Laws or which are otherwise objectionable; or
12. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Fraxtor reserves the right to impose such other prohibitions as we may deem fit, necessary or reasonable from time to time.

Section 14 – Severability

If any provision of these Terms of Use, in whole or in part, is held to be illegal, invalid, void, or otherwise unenforceable under any enactment or rule of law or by any court in any jurisdiction such provision or part thereof will, to that extent, be deemed severed from these Terms of Use, but the legality, validity, and enforceability of the remainder of these Terms of Use will not be affected, diminished or impaired thereby. The severability of any provision of these Terms of Use applies only within the specific jurisdiction under which law a term is found to be illegal, invalid, void or otherwise unenforceable, and shall not affect the enforceability of the same provision in other jurisdictions.

Section 15 – Complaints

Any complaint, dispute or controversy raised by you should in the first instance be referred, in writing Customer Support at support@fraxtor.com.au. We will investigate the complaint and report back to you on the findings and the resolution to the complaint or dispute. If you remain dissatisfied with our findings or the handling of your complaint, dispute or controversy, you may, if appropriate, refer the matter to the Australian Competition or Consumer Commission, Australian Securities and Investment Commissioner, Office of the Australian Information Commissioner, or other relevant Government or industry body depending on the nature of the complaint.

Section 16 – Translation

If these Terms of Use are translated into a language other than English, the English text shall prevail.

Section 17 – Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of New South Wales, Australia.

Section 18 – General Precautions

Fraxtor advises users to adopt the following security precautions and best practices for their personal computer and mobile device use in order to reduce the likelihood of causing malicious and/or harmful security breaches that may arise in the use of the Site:

Install anti-virus, anti-spyware, anti-malware and firewall software on your computers and mobile devices;
Update operating systems, anti-virus and firewall products with security patches or newer versions on a regular basis;
Remove or deactivate file and printer sharing preferences in computers and mobile devices, especially when connected to the internet;
Make regular backup of critical data;
Consider the use of encryption technology to protect highly sensitive or confidential information
Log off from the Platform at the end of the online session;
Clear browser cache after the online session;
Refrain from installing any software or running or executing programs of unknown origin;
Delete junk, chain or spam emails;
Avoid opening email attachments from unknown senders or from unknown email address domain names;
Take care not to disclose personal, financial or credit card information to websites that are little-known, suspect, or do not have a matching website domain URL Services;
Do not use a computer or a device which you know has a breach in security vulnerability and cannot be trusted; and
Do not use public or internet café computers to access online Services or perform financial transactions.

Fraxtor reserves the right to impose such other security precautions as we may deem fit, necessary or reasonable from time to time.