Terms of Service
These Terms of Service (the “Terms”) govern your access to and use of the Qvests services, including various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads and commercial services, as well as any content, information, data, text, graphics, photos or other materials provided as a part
thereof (collectively, the “Services”). The Services are provided, operated and maintained by Synchronised Investments PTY LTD (ACN 162 371 075) (“Qvests,” “we” or “us”).
The Terms describe in detail your rights and obligations relating to the Services. Please read them carefully. If you click on “I agree,” these Terms constitute a binding agreement
between you and Qvests. If you do not agree with the Terms, do not click “I agree.” You will then not be entitled and able to access and use the Services.
These Terms refer to the following additional terms, which also apply to your use of the Services:
Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us
Our Services
The Services offer free of charge access to the Qvests financial social platform. Initially Qvests provides a unique network to share, discover and learn investment insights from the connections you make through the service. The idea of our Service is to connect people and organisations with an interest in investment.
Disclosure and Warnings to people who view postings on Qvests:
Any information posted on the website has been prepared without taking into account your objectives, financial situation or needs and as such, you should before acting on the information or advice, consider the appropriateness of the information or advice in relation to your objectives, financial situation or needs.
Please be aware that any information posted on this site should not be considered to be financial product advice.
Postings are at best general information, not professional investment advice prepared by taking into account any individual circumstances and needs of particular investors. Therefore, before acting on the basis of what is said in a posting, you should consider:
- Qvests strongly recommends that you seek qualified professional or specialist advice before you make any financial or investment-related decisions;
- People making postings are individually responsible for the accuracy and authenticity of their postings;
- Because of the nature of the internet, it may be hard to identify or locate the person making a posting. The person may also be in an overseas jurisdiction, so it may be hard to take any legal action against them;
- You will have no access to dispute resolution schemes to recover any losses you may suffer by relying on the postings;
- Securities cannot be offered to you for sale or issue through postings on Qvests; and
- It is advisable that you alert Qvests if you have good reason to suspect that any postings are inaccurate, are based on inside information or are likely to mislead or deceive people who view or use the postings.
Disclosure and Warnings to people making postings on Qvests:
You are personally responsible for your postings (including any alterations that you make to postings). Therefore:
- You should not include any misleading or deceptive information in your postings and not carry out illegal or unauthorised activities using Qvests. Information in postings may, where appropriate, be made available to an appropriate authority who may take action against you;
- If you include hyper-links to other sites, you may be seen as endorsing the material on such sites. It may be advisable to you to warn people accessing other sites that you do not endorse or take responsibility for material in the hyper-linked sites;
- If you own or have some other interest in a security, or you have any connection with a securities issuer that you might benefit from, you must disclose that fact. For example, you may be entitled to receive direct or indirect commissions, fees or other benefits from a financial product or service provider; or you may be associated with a particular securities issuer such as by being an employee or director of a securities issuer. If so, you must disclose that fact in your posting; and
- If Qvests finds or reasonably suspects that you are making illegal or unauthorised postings, your right to make postings will be withdrawn.
Your rights
You are granted by Qvests a personal, worldwide, non-assignable and non-exclusive license to access and use the Services and any information, content and data provided as a part thereof for the sole purpose of enabling you to use
and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms.
You understand that all information, data, text, photographs, graphics, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Qvests, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Qvests does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Qvests be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Qvests official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, ASIC, any rules of any national or other securities exchange, including, without limitation, the Australian Stock Exchange, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- harass another member; or
- collect or store personal data about other users.
You acknowledge that Qvests may or may not pre-screen Content, but that Qvests and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or
move any Content that is available via the Service. Without limiting the foregoing, Qvests and its designees shall have the right to remove any Content that
violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by
Qvests or submitted to Qvests,
including without limitation information in Qvests Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that Qvests may access, preserve, and disclose your account information and Content if required to do so by law or in a
good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service;
(c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights,
property, or personal safety of Qvests, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of
these materials is subject to usage rules set by Qvests and/or content providers who provide content to the Service. You may not attempt to override or circumvent
any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution
or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Creating a Personal Account
You must create a personal account in order to use the Services. When you create your personal account, you will have to choose your credentials
(username and password). Your password must be "strong,” i.e., you must use a combination of upper and lower case letters, numbers and symbols.
You are solely responsible for maintaining the confidentiality and security of your credentials and for any activities that occur through the use of
your credentials. Qvests cannot and will not be liable for any loss or damage arising from your failure to comply with the above. If you forget or
lose your password, you will be able to ask for the password to be reset and choose a new password. If you forget or lose your username, you will no
longer be able to access your personal account. Qvests will not be able to reconstruct your username or provide you with a new username. Qvests will also
not be able to recover your data. Please make sure that you remember credentials or store them in a secure place. Qvests shall not be responsible
if you cannot access your account because you forgot or lost your credentials. You should not reveal your credentials to anyone else. You are not entitled
to assign or transfer your personal account to any third party. You agree to notify Qvests immediately of any unauthorized use of your credentials or any
other breach of security related to the Services. Qvests reserves the right to require you to change your username and/or password if Qvests believes that
your credentials may violate the law or rights of third parties or no longer are secure.
Using the Services
- The Services are available to individuals of legal age only. If you are not of legal age, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree with them;
- You are not permitted to create a personal account for or on behalf of another individual (other than yourself) or a legal entity of any kind. You are also not permitted to solicit, collect and/or use credentials of any other persons. You are not permitted to create more than one personal account.
Accessing and Using the Services on Mobile Devices
Although the Services have not yet been optimised for access and use on mobile devices, you can do so on as long as the mobile device has an Internet connection and Internet browser. While accessing and using Qvests is free of charge, you must take into account that accessing and using the Services
may result in communications costs raised by your carrier and Internet access provider. Please ask them for further information on rates and fees that may apply.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide
and are responsible for all equipment necessary to access the Service.
Sharing Information and Content on Qvests
Qvests primary existence is to allow and encourage members to upload, post, transmit, share or otherwise make available certain personal or general public
information, content and/or data on the Services. You retain your rights to any personal information, content and/or data you upload, post, transmit, share or
otherwise make available on the Services. Qvests does not claim ownership of any user-generated information, content or data that you or any other users upload,
post, transmit, share or otherwise make available on the Services. It is, however, necessary that you herewith grant Qvests and its affiliates, as well as
its third-party suppliers an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid-up, worldwide license (with the right to sublicense)
to use, reproduce, perform, display, reformat, translate, excerpt (in whole or in part) and distribute any such information, content or data that you may upload,
post, transmit, share or otherwise make available on the Services to the extent that the license is required to provide, operate and maintain the Services.
You acknowledge and agree that other users as well as Qvests, its affiliates and third-parties will be able to access, associate any personal information,
content and/or data you upload, post, transmit, share or otherwise make available on the Services with your user profile.
The information, content and data may also become public by another user sharing with third parties. You should only upload, post, transmit, share or otherwise
make available information, content and data on the services you are comfortable sharing with other users under these Terms. If you prefer the information,
content and data not become public, you should avoid uploading, posting, transmitting, sharing or otherwise making it available on the Services.
You are entirely responsible for all the information, content and data you upload, post, transmit, share or otherwise make available on the Services and the
consequences thereof. You represent and warrant that you have all the rights, power and authority necessary to upload, post, transmit, share or otherwise
make available any information, content and data on the Services. You agree not to upload, post, transmit, share or otherwise make available any information,
content and data on the Services that: (i) is untrue, false, and violates any applicable laws or regulations; (ii) is harmful, threatening, obscene, libelous,
defamatory, discriminatory, racist, violent, offensive, harassing, or otherwise objectionable; (iii) includes unauthorised disclosure of personal information;
or (iv) infringes on anyone's intellectual property rights.
You also agree that you will not use the Services in any manner that could damage, disable, overburden or impair the Qvests infrastructure. You may not upload, post, transmit,
share or otherwise make available any information, content and data that contains software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You are not permitted to interfere with or disrupt Qvests or
Qvests’s Services, servers or networks. You are also not allowed to collect other users' information, content or data, by using automated means (such as harvesting bots,
robots, spiders, or scrapers). Qvests reserves the right at any time (but will not have an obligation) to remove or refuse to distribute any information, content or
data that violates applicable law or these Terms, and to suspend or terminate the Terms without liability to you.
"Publicly accessible" areas of the Service are those areas of the Qvests network of properties that are intended by Qvests to be available to the general public.
By way of example, publicly accessible areas of the Service would include Qvests Club Boards.
Links to Other Internet Sites
The Services may, from time to time, include links to third party sites and resources. These links are provided for your information only. When you click on one of these links,
you are leaving the Services and visiting other Internet sites that we do not control and for which we cannot be responsible. There are no warranties, express or
implied, in respect of any information, material, products or services that are contained by or accessible through such third-party sites. We do not accept
any responsibility for or liability arising out of or related to such third-party sites or their contents. Such links should not be interpreted as endorsement
by us of those linked websites.
Intellectual Property Rights
You agree that the Services, including but not limited to graphics, user interface, and software used to provide the Services, contain proprietary information and material that
is owned by Qvests and/or its licensors, and are protected by applicable intellectual property and other laws, including, but not limited to, trademark and copyright laws.
You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with these Terms. No portion of
the Services may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or
create derivative works based on the Services in any manner. The Qvests icon and Qvests logo are owned by Qvests. You will not use the signs except with our prior
written permission and in accordance with our Brand Usage Guidelines.
Disclaimer
By accessing the Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus
transmitted by this Website or by any Third Party Content or Third Party Website, and the risk that you may suffer any loss or damage through your use of or reliance on the
services or the information contained on or accessed through this Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied)
arising out of or in any way connected with this Website are hereby excluded. By accessing the Website, you agree to indemnify Qvests for any loss, damage, costs or expenses
whatsoever suffered by any person or entity arising out of or in any way connected with your access to this Website
To the maximum permitted by applicable law, Qvests or its shareholders, directors, officers, employees and third-party suppliers shall not be liable FOR ANY INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY RESULTING FROM OR
IN CONNECTION WITH THE SERVICES OR ANY USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF
the SERVICES, DOWN TIME AND USER’S TIME, EVEN IF Qvests or its shareholders, directors, officers, employees and third-party suppliers HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Termination of Access and Use of Qvests’s services
The Terms will continue to apply to your access to and use of the Services until terminated by either you or us, as follows. You may terminate the application of the Terms at any time
for any reason by deleting your personal account and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the
Services. In the event Qvests has reasonable grounds to suspect that you or your use of the Services materially or repeatedly violates any applicable laws or
these Terms, Qvests has the right, with or without notice to you, to (with immediate effect or with notice period determined by Qvests in its sole discretion):
- terminate your access to and use of the Services;
- temporarily or permanently deactivate your account;
- decline your request for current or future access to and use of the Services.
In the event Qvests takes any of the above actions, you will not be permitted to create another personal account without our prior permission.
Terms of Service may Change over Time
Qvests reserves the right to modify, change and amend the Terms and impose new or additional terms or conditions on your access to and use of the Services at any time in its sole discretion
without liability to you. In the case Qvests decides to modify, change and amend the Terms, Qvests will notify you of the relevant modification, change or
amendment by email and place a respective notice on qvests.com at least fourteen (14) calendar days prior to the modification, change or amendment becoming effective.
If you disagree with the relevant modification, change or amendment, you may terminate the application of the Terms by deactivating your personal accounts and
discontinuing your use of the Services.
What Happens if the Services Are Discontinued?
Qvests reserves the right to discontinue the Services (or any part, service or content thereof) at any time in its sole discretion without liability to you. In the event Qvests decides to
discontinue the Services (or any part, content thereof), Qvests will attempt to notify you of the discontinuation by email and place a discontinuation notice on the Services,
which will be provided to you at least one (1) month before the discontinuation becomes effective. You agree that Qvests shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
How to Contact Us
If you have any questions or concerns about Qvests or these Terms, you may contact us by email as follows: info@qvests.com. We will attempt to respond to your questions or concerns promptly after we receive them.