Terms of Use
Introduction
These website terms of use ("Website Terms") govern your use of www.unkapt.capital website and all associated pages ("Site") operated by Emerging Venture Management Pty Ltd ("Unkapt", "we", "us", "our"). By using this Site you agree to these Website Terms.
You should check these Website Terms periodically for changes. We reserve the right to modify these at any time. Amendments will become effective immediately upon publication on this Site. By continuing to use this Site you accept such amendments.
If you do not agree to these Website Terms and our Privacy Policy, you must refrain from using this Site. We use personal information that you provide to us only in accordance with our Privacy Policy. By using this Site, you consent to such use and you warrant that all information provided by you is accurate. We shall not be liable for any loss arising from the provision of any inaccurate information. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.
Certain features to this Site cannot be accessed unless you are an investee firm ("Investee") or eligible investor ("Investor"). The Investee or the Investor can obtain access to the respective features of the Site once they register and approval is subsequently granted ("Registered Users"). We may at any time require you to provide evidence to support your registration application and your eligibility.
These Website Terms must be read in conjunction with any other notices, disclaimers and policies displayed elsewhere on this Site. You are responsible for making all arrangements necessary for you to have access to this Site. You are also responsible for ensuring that all persons who access this Site through your internet connection are aware of these Website Terms and that they comply with them.
These Website Terms were last updated on 1 October 2016.
Registered Users
Registered Users should not use Unkapt unless they have taken all necessary measures to ensure they are in compliance with all relevant laws and regulations (including securities law, corporations law and investment law) from their country of origin and any other applicable jurisdictions, and are certain they meet Unkapt eligibility requirements.
Registered Users will be subject to additional terms and conditions on registration. These terms and conditions will be part of the Registered User Agreement which will be made available online to the Registered Users during the registration process.
We reserve the right to suspend or terminate your registered access at any time if we reasonably believe we are required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognised (statutory) body.
Registered Users will be issued a username and password for accessing information, functions and documents which are only available to Registered Users. If your username or registered access is suspended for any reason, you will be unable to use your registered access until it is reactivated.
We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
Confidentiality
Registered Users and Unkapt will keep in confidence any information (whether written or oral) of a confidential nature ("Confidential Information") that a Registered User and/or Unkapt (the "Provider") provides to them (the "Recipient") as part of their use of the Site (including but not limited to Confidential Information provided by the Investee, intellectual property of Unkapt and the business processes of Unkapt).
The Recipient may only disclose Confidential Information to their employees, agents, contractors, directors or professional advisors who are bound by obligations of confidentiality to the Recipient at least to the extent imposed upon the Recipient by this Agreement.
The Recipient must keep the Confidential Information in a secure place so as to ensure that unauthorised persons do not have access to the Confidential Information.
The obligations of confidentiality under these Website Terms shall not extend to any Confidential Information which the Recipient can show is in, or has become part of, the public domain other than through a breach of this Agreement; was lawfully in the possession of the Recipient before the disclosure under this Agreement took place; was independently disclosed to it by a third party entitled to disclose the same; or is required to be disclosed under any applicable law, or by order of a court or governmental body or authority of competent jurisdiction.
Protecting your username and password
You must take all reasonable steps to keep your password safe at all times and not disclose it to anyone, including a family member or friend. Our personnel will never ask you to provide your password to us or to a third party.
If you have any indication or suspicion your login details or other security feature have been lost, stolen, misappropriated, used without authorisation or otherwise compromised, you are advised to change your password and should contact info@unkapt.capital without delay. Even if you are confident that codes are secure you must tell us as soon as you become aware of the loss or theft of an access method or of any unauthorised access.
You must take all reasonable care to ensure that your e-mail account(s) are secure and only accessed by you, as your e-mail address may be used to reset passwords or to communicate with you.
Any message you receive or website you visit that asks for your password, other than this Site, should be reported to us. If you are in doubt whether a website is genuine, you should contact info@unkapt.capital. We shall not be liable for any loss arising from unauthorised access of your account.
Contact
We may contact Registered Users by e-mail or in other ways with information or notices regarding Unkapt and the services being used by the Registered Users. In order to receive notices and other communications electronically you must provide us with your email address. It is your responsibility to regularly check the proper functioning of your e-mail account or other methods of communication that you have registered. We shall not be liable for any loss arising out of your failure to do so. You are required to check for incoming messages regularly. E-mails may contain links to further communications on our site. We will communicate to you in English and will always accept communications made to us in English.
We may also contact subscribers ("Subscribers") by email where the latter have opted in to receive information from us. Subscribers are users of the Site who are not Registered Users but have chosen to receive communication (for instance newsletter) from Unkapt.
Linked Sites
We may provide links to third party websites ("Linked Sites"). Those links are provided for convenience only and may not remain current or may not be maintained. Unless otherwise notified on this Site, Linked Sites are not reviewed, controlled or examined by us in any way. We are not responsible for the content, privacy practices, availability, advertising, products or other materials on any such Linked Sites, or any links on the Linked Sites.
Except as otherwise expressly stated on this Site, our link with Linked Sites does not imply our endorsement of, or association with, the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites.
In no event shall Unkapt or our affiliates be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves or the information or material accessed through the Linked Sites. You should direct any concerns to the relevant Linked Site's administrator. Unkapt reserves the right, in its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from this Site and/or introduce different features or links.
Disclaimer
Unkapt cannot accept responsibility for a number of matters relating to this Site because they are outside of the reasonable control of Unkapt.
All information provided by Unkapt on this Site is provided in good faith, without any guarantees, conditions or warranties as to its accuracy. You accept that any information provided by Unkapt is general information and is not legal, investment, tax and/or commercial advice. Unkapt derives its information from sources which Unkapt believes to be accurate and up to date as at the date of publication and Unkapt reserves the right to update this information at any time.
Limitation of Liability
To the extent permitted by laws:
- Unkapt is not liable to you or anyone else (including for negligence, breach of contract, misleading or deceptive conduct, misrepresentation, or tort) for any loss or damage (including specific, indirect, consequential, economic or any other kind of loss) however caused, even if foreseeable, and which is suffered directly or indirectly in connection with the use of or inability to use this Site;
- Unkapt is not liable for disruptions to this Site; and
- Unkapt is not liable to you or anyone else if interference with or damage to your computer systems, equipment, programs, data or other proprietary material occurs in connection with the use of this Site, a Linked Site or other external site. You must take your own precautions to ensure that whatever you select for use from this Site is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
Viruses, Hacking and Other Offences
You must not misuse this Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Site, the server on which this Site is stored or any server, computer or database connected to this Site. If you engage in such conduct, your right to use this Site will cease immediately.
Intellectual Property Rights
The contents of this Site are protected by copyright. You may use the contents of this Site only if approval to do so has been granted. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the contents of this Site, or create any other material using contents of this Site, without obtaining the prior written consent of Unkapt.
Our trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the prior written consent of Unkapt.
This Site and the products, technology and processes contained in this Site may be the subject of other intellectual property rights owned by Unkapt, its related parties or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Website Terms. Your use of this Site must not in any way infringe the intellectual property rights of any person.
When you post or transmit material on this Site, you grant Unkapt a licence at no cost to use and/or reproduce the material (and associated intellectual property). Unkapt may then assign the same rights to a third party. To the extent necessary, you consent to any acts by Unkapt or Unkapt's licensees or assignees that may infringe your moral rights in the material that you create.
Cookies
Cookies are small pieces of data stored on the web browser on your computer. This Site may store cookies on your web browser.
You can set up most web browsers so you are notified of when a cookie is received, so you can then either accept or reject it. You can also check the cookies stored by your web browser and remove any that you do not want.
If you disable the use of cookies on your web browser or remove or reject specific cookies from this Site or Linked Sites, then you may not be able to gain access to all the content and features of this Site.
Governing law
These Website Terms are governed by the laws in force in Victoria, Australia.
You accept that any disputes about this Site and its contents are to be determined by the courts having jurisdiction in Victoria, Australia in accordance with the laws in force in Victoria, Australia.
This Site may be accessed throughout Australia and overseas. Unkapt makes no representation that the content of this Site complies with the laws (including securities laws) of any country outside Australia. If you access this Site from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.
General
You must do all things, including sign such documents, as may be required to assure the rights of Unkapt, and the rights of any third party.
If Unkapt waives any rights available to it on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the Website Terms are held to be invalid, unenforceable or illegal for any reason, the remaining provisions of the Website Terms will nevertheless continue in full force.
You are responsible for any charges imposed by your telecommunications provider for connecting to this Site including call costs and data costs associated with browsing the internet.
Contact Information
If you have any concerns about material that appears on this Site, please contact us in accordance with the details set out below:
Email: info@unkapt.capital