1.1 Next Generation Operations Pty Ltd is the operator of the website at Brickraise.
1.2 You are a person who is accessing the Website Brickraise. (the website)
In this Agreement:
"Account" means your account with NGO in relation to any investment of Financial Products accessible via the website
"Account details" means information relating to your Account, including but not limited to your name, address and the nature and amount of your investments.
"Agreement" means this user agreement govering the access to and use of the Website.
“Application Form” means an application form that is available for download from the Website or as an online form to be completed and submitted electronically via the Website, relating to Financial Products listed on the website.
“NGO”, “Us” or “We” means Next Generation Operations Pty Ltd ACN 604 881 085 or any of its associates or related bodies corporate, within the meaning in the Corporations Act that promote Financial Products.
“Client” means a wholesale or retail client, as defined in the Corporations Act.
“Content” means any information and material provided on the Website which is made available by NGO, including information related to Financial Products.
“Corporations Act” means the Corporations Act 2001(Cth.) and the regulations made under that legislation, as modified.
“Financial Product” means a financial product, as defined under the Corporations Act, which is listed on the Website or otherwise promoted by NGO via the relevant disclosure document/s.
“Login Details” means the username and password we may provide you with, or as modified by you from time to time, granting you access the registered area of the Website.
“You” or “your” means those person(s) who wish to have access to the Website subject to and on the terms and conditions of this Agreement.
“Website” means the website located at www.brickraise.com, which NGO owns and has developed.
3.1 NGO agrees to you to accessing the Website on the terms and conditions set out in this policy Agreement and for the purposes of:
(a) accessing the Content; and
(b) making an application for Financial Products by completing and submitting an Application Form online;
or such other facilities relating to your Account that NGO may wish to offer you.
3.2 Access to the Website is only available to residents of Australia and, unless expressly stated otherwise, does not constitute an offer or solicitation for the purchase of Financial Products.
3.3 Where you have accessed the Website as agent or trustee of a person, you are bound by these terms and conditions as a trustee or agent of that person.
4. Applying for Financial Products
4.1 You may be able to apply for Financial Products via the website on the basis of a properly completed and submitted Application Form, or by downloading an electronic copy of an Application Form made available to you on the Website and sending it in to NGO once properly completed.
4.2 In doing so, you agree that:
(a) you have been provided and have read the relevant disclosure documents in their complete and unaltered form (electronic or paper format) prior to applying for a Financial Product; and
(b) you understand that upon request to NGO, NGO will furnish with paper copies of any disclosure document that has been provided to you electronically.
4.3 You agree:
(a) that all information contained in the completed Application Form is true, accurate, current and complete;
(b) thatupon lodgement of an Application Form via the Website, you will print the Application Form, ensure that you have signed the Application Form and post it to NGO;
(c) that you will use your best efforts to provide any information or documentation relevant to your use of the Website in order to assist NGO in relation to any variations that NGO may identify and any queries or demands that NGO may receive from any regulatory, law enforcement or statutory body; and
(d) if you have given access to the Website for another person to apply for Financial Products, you will ensure that they have read the relevant disclosure document for that Financial Product.
4.4 You warrant that, prior to the lodgement of an Application Form or request for any modification to or transaction on your Account, you have the appropriate authority to proceed with the relevant application, modification or transaction request via the Website
5. Login Details
5.1 NGO may invite you to apply for access to the Website, subject to the terms and conditions for its use.
5.2 On your acceptance of those terms and conditions, NGO will issue Login Details to you.
5.3 You are responsible for upholding the secrecy and confidentiality of your Login Details and any other means of identification required for you to access the Website, including any additional Login Details that may be issued to you.
5.4 You agree not to record your Login Details in the same place or in a manner in which their confidentiality could be compromised.
5.5 If you become aware or think that:
(a) your Login Details (or any part of them) have been lost, stolen or misused;
(b) any person has obtained your Login Details;
(c) any person is accessing the Website using your Login Details withoutyour authorisation; or
(d) the security of your Login has otherwise been compromised, you will immediately:
(a) notify us by telephoning us on the telephone number available on the Website; and
(b) We will issue your new Login Details.
5.6 You are responsible for any action carried out, and authorise NGO to act upon, any instructions given by any person/s having accessed the Website with your Login Details.
5.7 You accept full responsibility and indemnify NGO for any expenses, loss, damage, costs, demands or liabilities incurred by us directly or indirectly, out of or in relation to the use, including (without limitation) any improper or unauthorised use of your Login Details.
5.8 You must only access the Website for legitimate and lawful purposes and in accordance with any instructions or directions posted to you or on the Website.
5.9 You acknowledge that we may withdraw or restrict your access to the Website at any time and can withdraw or restrict your access if you instruct us to do so.
6.1 You agree that, at all times, you will provide NGO information about you that is true, accurate, current and complete.
6.2 If you are providing advice to a person outside Australia you must ensure that the person does not rely on any advertising, information or other material available on or via the Website.
7.1 You are not permittedto assign your rights under this agreement without the prior written consent of NGO.
8.1 NGO may, at our discretion, vary or modify this Agreement without notice. Any subsequent access to, or use of the Website by you will constitute an acceptance of those modifications.
8.2 You agree that any directions for the use of or accessing the Website provided to you or posted on the Website at any time form part of this policy Agreement.
9.1 Any Content available on the Website, which could include (without limitation) any tools, information or articles about the Financial Products is of a general nature only. It does not take into account the investment objectives, particular needs or financial situations of any individual. The Content does not claim to provide financial or investment advice or make any recommendations. The Content should not be relied upon as the basis of any investment decision or as a substitute for the application of your own knowledge, skill and judgment in fulfilling any obligations that you may have to yourself or if applicable to your Clients or potential clients.
9.2 Unless expressly stated otherwise, the fact that the Content is accessible through the Website:
(a) is not a recommendation by NGO of the merits, or a guarantee of the performance, of any Financial Product; and
(b) is not intended to be a representation that persons will be issued Financial Products or otherwise be able to acquire any Financial Product by applying for such Financial Products directly from NGO or via the Website.
9.3 You agree that if NGO is required, by law or otherwise, to provide you with a document or notice, you consent to the provision of that document or notice via electronic means and/or through links provided on the Website. NGO recommends that you print any such document or safely electronically stored for future reference.
10. No Express warranty
NGO makes no warranty that the use or operation of the Website, the Content or any aspect of the Website will be without interruption or without errors or that the Website or any of its functions are suitable for any particular purpose or have any performance, functionality or security features except as required by law.
11. Limitation of liability
If any Act, law or statute implied in this policy Agreement, any term, condition or warranty and that Act, law or statute avoids or prohibits a contract excluding or modifying the application of or exercise of or liability under such term, condition or warranty, such term, condition or warranty will be deemed to be included in this Agreement. However, the liability of NGO for any breach of such term, condition or warranty will be limited, at the option of NGO, to:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of the equivalent goods;
(ii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(b) if the breach relates to services:
(i) the supply of the services; or
(ii) the payment of the cost of having the services supplied again.
12. Intellectual property
12.1 All trademarks on the Website are owned, or used under license by NGO.
12.2 Nothing incorporatedin the Website can be or should be construed as granting you any license or right to use any trademark. Your use of the trademarks, or any of the Content, except as provided herein, is not permitted.
12.3 All Content is protected by copyright laws and is owned, or used under license by NGO.
12.4 You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Website. You may not infer or hold any intellectual property right/s in or any right or license to use the Content on the Website excepting as outlinedherein.
12.5 You agree not to copy, publish, re-publish, reproduce, distribute or record any information, software or other material protected by copyright or any other intellectual property right.
(as well as the privacy and publicity rights) excepting as authorised by NGO.
14. Anti-money laundering and other illegal activities
14.1 To comply with our regulatory and compliance responsibilities under the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth) and/or relevant regulations and rules (“AML Legislation”), NGO may:
(a) delay, prevent or otherwise refuse to accept transactions where we have any reasonable grounds to believe that such transactions may breach Australian law or that of any other country; and/or
(b) require more information from you to assist us in complying with our obligations as required by the AML Legislation.
14.4 You agree that you must not commence, engage in or complete a transaction that may be in breach of Australian law or that of another country including (but not limited to) the AML Legislation.
This Policy Agreement is administered and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.