Terms and Conditions

Terms and Conditions

Open Investments Pty Ltd ACN 628 965 088 and its Related Bodies Corporate (as defined by the provisions of the Corporations Act 2001 (Cth) (Open Investments) welcome you to this website.

Open Investments provides this website on its domain https://open.investments and all sub-domains (Website) and the other information and services available on the Website as part of its overall service to you. By accessing or using any of the content, information, data, text, graphics, photographs and other materials (Material) on this Website you confirm that you have read and agree to the terms of use of this Website set out below (Terms of Use). If you do not agree to these Terms of Use, you should not use this Website.

In addition to these Terms of Use, your use of certain services or parts of this Website may be subject to specific and additional terms which are indicated on certain pages of this website (Specific Terms). The Specific Terms take priority over these Terms of Use to the extent of any inconsistency.

These are the current Terms of Use and they replace any other terms of use for this Website previously published on this Website. Open Investments may at any time amend the Terms of Use by publishing the amended Terms of Use on this Website. You accept that by doing this, Open Investments has provided you with sufficient notice of the amendment. By continuing to access or use any material or services on this Website after any amendment, you agree to be bound by the most current version of these Terms of Use, as amended.

1. Information and services on this Website

The information contained on this Website is liable to change and although Open Investments makes every effort to keep material on this Website up to date, there may be delays, errors or omissions. Open Investments does not represent or warrant the suitability, completeness, accuracy or currency of any information contained on this Website nor that any services will be uninterrupted, timely, secure or error-free. Open Investments is not responsible for any error or omission on this Website and reserves the right to make changes without notice.

All information, graphics, data, prices, charts, video, audio and any other content displayed on or available on the Website, and all the underlying source code and software, is owned or used under license by Open Investments, except where expressly stated in these Terms of Use or elsewhere on the Website.

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2. Your use of the Website

You agree to use the Website only in a manner permitted by these Terms, and applicable law or regulation. In using this Website, you must not:

• reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Website’s source code, formulas or processes;

• interfere with the security or safe use of the Website by others, including by way of distributing viruses, corrupted files or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Website or its users; or

• do anything else which may interfere with or negatively affect the operation of the Website.

This Website may contain links to other websites or apps operated by third parties (Third-Party Websites). Open Investments does not endorse, sponsor, approve or accept any responsibility or liability for any such third party content or any content available on any linked Website. In particular, and to the maximum extent permitted by law, Open Investments makes no warranties or representations:

• regarding the quality, accuracy, merchantability or fitness for purpose of any material on or linked to from, or products or services available through, Third Party Websites; or

• that any material on or linked to from Third-Party Websites does not infringe the intellectual property rights of any corporation, organisation or person. Open Investments is not authorising the reproduction of any material on or linked to from Third Party Websites by linking material on this Website to Third Party Material.

By agreeing to these Terms of Use, you acknowledge and agree that:

• the transmission of information over the internet may not be secure or free of errors;

• emails to and from us may undergo email filtering and virus scanning, including by third party contractors which may not be effective in removing viruses or other potentially harmful code;

• your use of this Website (and obtaining and transmitting data to it) is at your own risk, that it is provided on an ‘as is’ basis and that Open Investments does not make any representations or warranties as to the security, availability of the Website or that your access or use will be uninterrupted, timely or secure; and

• you are accountable for maintaining and preserving the confidentiality of your account information, the personal information you provide to Open Investments, the strength level of your password, protecting your digital currency by using a digital wallet and any other activities you undertake when using our services.

Open Investments does not guarantee that this website or Third Party Websites will be free from viruses, or that access to this website or Third Party Websites will be uninterrupted.

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3. Website Content

The information, materials and services in this website is provided as general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements.

You release Open Investments to the fullest extent permitted by law from any and all claims arising out of or related to the use of material or information made available through this website. You should independently satisfy yourself as to the accuracy of all information provided through the Website.

Neither Open Investments nor any third party will be liable for any errors in content, or for any actions you take in reliance on them.

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4. Products

Prices listed on this website and terms and conditions of any kind relating to products displayed on this site may not be current or complete and therefore under no circumstances constitute an offer or undertaking by Open Investments. We make no representation that the products listed in this site are currently available.

Images or photographs of the products offered on the Website are for illustrative purposes only and may vary from goods depicted or described.

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5. Liability and complying with laws

You must comply with all laws in relation to your access or use of material on this Website, including laws of the country in which you reside or from which you access this Website.

To the maximum extent permitted by law:

• Open Investments excludes all liability of any kind, including in respect of any loss of data, interruption of business or any indirect or consequential loss, loss of profits, loss of opportunity or incidental damages, which may arise out of or in connection with your use of the Website;

• Open Investments excludes all warranties and representations (express and implied) which may arise out of or in connection with your use of the Website or the use of or reliance on information relating to the Website; and

• Open Investments will not be liable not liable for any virus, malware, trojan or similar malicious software program or code infecting your software or hardware as a result of your use of the Website or your interactions with third parties on the Website.

Without limitation to your rights under the Australian Consumer Law, you acknowledge that:

• Open Investments has not made any representations or warranties in relation to its products or their capabilities; and

• it is your responsibility to satisfy yourself in relation to the suitability of the products sold on the Website for your use.

To the extent any legislation prohibits the exclusion of any implied warranties, you agree that Open Investments’s liability in respect of any claim is limited (at Open Investments’s option) to:

• in the case of the services:

o the supply of the services again; or

o the payment of the costs of having the services supplied again; or

• in the case of any goods (including any downloadable apps):

o the resupply of the goods; or

o the payment of the costs of having the goods resupplied.

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6. Intellectual Property Rights

You acknowledge that:

• we, or our related bodies corporate (as defined in the Corporations Act 2001 (Cth)), own or are licensed to use all Intellectual Property Rights in the Website (including, but not limited to, any images, photographs or text which appear on the Website). You agree that you will not make any representations to the contrary, and that you will not use or copy the Website in any manner that is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. For the purposes of these Terms of Use, Intellectual Property Rights shall mean all current and future registered and unregistered rights in respect of copyright, circuit layouts, designs, trade marks, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967; and

• any trade marks or logos which appear on the Website are owned by or licensed to Open Investments or its related bodies corporate, and you must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.

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7. Indemnity

You agree to indemnify Open Investments, its officers and employees or agents from and against any loss, claim, liability, cost or expense incurred by Open Investments in respect of a third party claim arising from or in any way related to your breach of these Terms of Use, any applicable laws or any other terms and conditions which govern your use of the Website.

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8. General

The agreement set out in these Terms of Use and your access to this Website may be cancelled at any time by Open Investments without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by Open Investments will continue after cancellation.

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If a provision of these Terms of Use is illegal, invalid, unenforceable or void in a jurisdiction it is severed for that jurisdiction and the remainder of these Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

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A right of Open Investments under these Terms of Use may only be waived in writing signed by Open Investments.

You represent and warrant to Open Investments that you are at least 18 years of age and otherwise have the power, authority and capacity to agree to these Terms of Use with Open Investments.

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These Terms of Use are governed by and construed in accordance with the laws of the State of Western Australia and the Commonwealth of Australia, and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australia and the Commonwealth of Australia.