Terms of service
What these Terms cover
These Terms of Service ("Terms") set out the conditions under which Nectar & Co Pty. Ltd. (trading as Sprint) offers the use of its investor application platform (the "Platform") to Users (Users are described in Section 7 of these Terms and are referred to in these Terms as “Users”, “you”, “your”).
Please read these Terms carefully. Your use of the Platform indicates your acceptance of and agreement with these Terms.
The Platform, managed by the Company, is an electronic service allowing investors to submit their application for a fund and identify themselves as required by law.
These Terms can change
The Company reserves the right, at its sole discretion, to vary these Terms, at any time. The Company will endeavour to notify you of such variations [30] days in advance via email, and upon such notification it is your responsibility to review the amended Terms and decide whether to continue using the Platform.
You acknowledge that the Company may vary these Terms immediately without notice if it is reasonably necessary to do so for security reasons or to comply with law or regulation or to protect its legitimate business interests.
Your continued use of the Platform, including by giving Instructions or entering Transactions, following the posting of changes (including immediate changes made without notice) will mean that you accept and agree to the changes to these Terms. You agree that all subsequent Instructions given by you and Transactions entered by you will be subject to the Terms then in effect.
As long as you comply with these Terms as modified from time to time, the Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited right to enter and use the Platform.
Your acceptance of these Terms, as amended from time to time, gives the Company a mandate to bring together Users to trade on the Platform according to these Terms as well as perform the functions described herein.
Risk warning
Any online application has the potential to be unsecure – although we take all security & encryption precautions beyond industry standard and best practices, it is up to you to make sure your devices are both up to date, but also not open to attack via other 3rd party software or services.
Use of the Website and Platform: Jurisdictional Limits
The information in this website and the use of the Platform is not intended for any person who is not an Australian resident and is not made available to any person in any jurisdiction where its distribution or use would be contrary to any law or regulation. Nothing in this website or the Platform should be considered an offer or solicitation to buy or sell any service or product to any person in any jurisdiction where such offer or solicitation would be unlawful.
With the exception of liquidity providers sourced and verified by the Company, the Platform is available only to Australian Users and is not intended to be offered or made available to any person who resides outside of Australia.
No Australian Financial Services Licence
The Company is not licensed as an Australian Financial Services Licensee and it does not offer general or personal financial product advice. Nothing in this website is intended to be or should be taken as financial, legal or taxation advice. Users should seek their own financial, legal, tax and application/accounting advice as to the likely outcomes for their intended investment.
Who May Be a User of the Platform
A User must be an Australian resident individual, partnership or company (including one acting in the capacity of a trustee) which has met the Company's Application/account opening procedures, including, if required, any client verification procedures, and which is authorized to use the Platform by the Company.
The Company retains absolute discretion in determining who may be a User of the Platform and may cease to allow a User to transact through the Platform at any time without prior notification. The Company shall have absolute discretion in accepting or rejecting an application to be a User or any Instruction.
Users agree to provide the Company with accurate, current and complete information about themselves as prompted by the registration process, and to update the Company if such information changes.
Security of Users' Application/account Information and Liability for its Misuse
Users are responsible for maintaining the confidentiality and security of their Application/account information, including their password. Users agree to notify the Company immediately by email of any unauthorised use of their Application/account or password, or any other breach of security. The Company will not be liable for any loss a User may incur as a result of unauthorized use of that User's Application/account's information including password.
Users are liable for losses incurred by the Company or any other User of the Platform due to any unauthorized use of the User’s Application/account or Application/account information. Users shall not use or access any Application/account other than their own at any time. Users may not attempt to gain unauthorized access to the Platform, and any attempt to do so or to assist others (Users or otherwise) to do so, or distribution of instructions, software or tools for that purpose, will result in the application/accounts of such Users being terminated. This does not limit the right of the Company to take any other action against you.
The Company's Obligations and Powers
The Company warrants and represents that:
1. It will use all reasonable care and skill in facilitating the submission of the users application.
2. It shall comply with the laws and regulations relating to offering the Platform in Australia.
The Company does not warrant or represent that:
1. its website or the Platform is free from errors, viruses, worms or other technical anomalies which may cause problems or damage to User's own computer hardware or software; or
2. its security systems are impregnable, although the Company does take reasonable measures to ensure the Platform and all of the Company's systems are reasonably secured and protected against attack.
In the case of fraud or other suspicious activities, the Company will report all necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law.
Intellectual Property
All intellectual property rights vested in texts, images or any other content found on or related to the Platform are owned by the Company. Accordingly, Users may not copy, distribute, reproduce, republish, upload, transmit, modify, post, frame-in or otherwise use in any way any such content without the prior express written authorization of the Company.
The Company's property or that of our vendors or licensors is protected by patent, trademark and/or copyright laws of Australia and may not be used without the Company's express written consent.
The Company may take any action available in law or equity to protect its intellectual property and to remedy any breach or potential breach of its rights, including by seeking an injunction to prevent a breach of its rights.
Access to the Platform
The Company takes reasonable steps to keep its Platform operational. However, the Company does not warrant, guarantee or represent that:
1. there will be operational stability, availability or continuation of the Platform or the website;
2. the Platform or the website is safe from unauthorised access, fraud or other suspicious or illegal activity; or
3. there will be a continuation of the agreement formed under these Terms.
In addition, the Company warns you that the Platform and the website may be inaccessible at times due to:
1. down time and maintenance;
2. internet, network or server problems;
3. equipment failure, including the failure of third party systems; or
4. a Force Majeure Event.
Liability
The User indemnifies the Company and each of its directors, officers, shareholders, advisers, consultants, agents and contractors (each a "Company Indemnitee") against all liabilities, claims, losses and expenses (“Losses”) which may be incurred or suffered by the Company Indemnitee directly or indirectly.
All statutory or implied terms are excluded to the extent permitted by law. Users may have rights against the Company under statutory implied terms which cannot legally be excluded. To the extent permitted by law, the Company’s liability to the User under any statutory implied terms which cannot legally be excluded is limited to supplying relevant services again, or paying the cost of having the relevant services supplied again.
The following exclusions and limitations of liability are subject to any liability the Company has to the User under statutory implied terms or other statutory rights which cannot legally be excluded.
To the full extent permitted by law, the Company is not liable for any damages, losses, costs, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, or any other direct, indirect or consequential loss to any person including the User arising out of any use of the Platform.
The Company will not be liable for any malfunction, breakdown, delay or interruption to the Internet connection, or if for any reason the Platform is unavailable at any time or for any period.
Where the Company's website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Termination
A User may close its Application/account at any time by notification to the Company in the form determined by the Company.
The Company may suspend or terminate a User's application/account at any time immediately upon written notice to the User for any reason, including without limitation for: (1) attempts to gain unauthorized access to the Platform or another User's application/account or providing assistance to others attempting to do so; (2) overcoming software security features limiting use of or protecting any content; (3) using the Platform to perform illegal activities such as money laundering, terrorism financing, paying of ransomware, online gambling or other criminal activities; (4) violations of these Terms; (5) failure to pay or fraudulent payment for Transactions; (6) unexpected operational difficulties; or (7) requests by law enforcement or other government agencies.
The Company may by notice to Users discontinue or modify the Platform and/or revise or terminate these Terms at any time in accordance with these Terms. Users are deemed to have accepted these revisions or termination to the extent that they continue using the Platform.
The User also agrees that the Company may, in its sole discretion by giving notice, terminate Users' access to the Platform, prohibit access to the Platform and its content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent the User's access to the Platform if the Company, in its exclusive discretion, believes that the User has breached or may breach these Terms or is otherwise acting inconsistently with the intentions of these Terms.
The Company reserves the right to terminate Application/accounts that have been inactive for a period of 6 months or more.
Notwithstanding any suspension or termination of a User's application/account, the User remains liable for all Fees and Commissions payable in respect of the Application/account or any Transaction entered prior to the suspension or termination.
Governing Law
These Terms and User's use of the website and the Platform will be governed by the laws of New South Wales, Australia. All Users submit to the non-exclusive jurisdiction of the courts of New South Wales.
Severability
If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the provision will be enforceable to the maximum extent permissible and the remaining provisions remain in full force and effect.
Definitions
In these Terms:
· Force Majeure Event means:
· any act, event or occurrence (including without limitation any strike, riot or civil commotion, act of terrorism, war, industrial action, acts and regulations of any governmental or supra national bodies or authorities) that, in the Company’s opinion, prevents it from maintaining the Platform;
· any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure;
· any unauthorised access, suspicious activity or other interference in respect of the Platform; or
· the failure of any relevant supplier, financial institution or agent that, in the Company’s opinion, prevents it from maintaining the Platform or otherwise performing its obligations.
· Application/account means a users submission of information as part of confirming intention to invest funds with the relevant fund. Applications are made via online form, however information is retained for 14 days with the ability for users to return and continue their application with retained user details.