Legal Terms of Use

Terms, Conditions, Privacy and Legal

This page outlines the terms of use while accessing APCX® and http://www.apcx.com.au (the “Domain”) is owned and operated by Australian Private Companies Exchange Pty Limited (ACN 167 262 599) (“APCX”). Your right of entry, use of and linking to the Domain is conditional upon your acceptance of the terms of use, warning notices, standards, rules contained in this document, at the Domain and/or any other publications by APCX®.

I/we acknowledge and acceptance these Terms of Use while accessing and/or using APCX®, and accept to review these regularly with my use of APCX®:Any use by you of the APCX® Website or any other web site operated by or on behalf of APCX® or its affiliates (together APCX®) is conditional upon and subject to these terms and conditions.The materials at the APCX® Website (the “Content” or “Contents”) including all real time and non-real time information and content, software programmes and all other design, text and images are owned, licensed or controlled by APCX®. All trademarks and copyrights held by APCX® continue to be held by APCX® and may not be used by you or any other person or persons without express written agreement from the holders of such copyrights or trademarks.

The APCX® Website or any other web site operated by or on behalf of APCX® or its affiliates (together APCX®) is for your own personal use. You may not sell, copy, publish, distribute, modify, display, reproduce, either in hard-copy or in an electronic retrieval system, transmit, perform, broadcast, licence, rent, lease or create any derivative works from the Content or transfer any of the Content to any third person (including, without limitation, any person in your company or organisation) for any purpose whatsoever without the prior written consent of APCX®. Requests for such permission must be made to APCX® in writing.

The Contents are obtained in good faith from a number of sources. APCX® believes the Contents to be reliable, but the possibility of human error and the inherent hazards of distributing information electronically (including viruses) means that there may be delays, omissions, inaccuracies or corruption of data in the Contents and they are provided to you on an “as is” basis without warranties of any kind.

The accuracy and completeness of documents and information relating to any Business Opportunity that is submitted to APCX® for inclusion on the Website, on the APCX® Website or on a Match Report is principally the responsibility of the person(s) representing the Business Opportunity. APCX® is not responsible for, nor does it undertake any steps to check, the accuracy of any information provided by any Business Opportunity using the Matching Service. You should confirm to your own satisfaction the accuracy and completeness of any information prior to entering into any investment and/or purchase.

APCX® and its related bodies corporate and their respective officers, employees, agents and licensors disclaim to the fullest extent permitted by applicable law, with respect to the Website, the APCX® Website and the Contents all express, implied and statutory warranties of any kind to you and to any third party including warranties as to accuracy, timeliness, completeness, fitness for purpose, satisfactory quality, non-infringement, currency, or any representations or warranties arising from usage or custom or trade or by operation of law. APCX®, and its related bodies corporate and their respective officers, employees, agents and licensors assume no responsibility for the consequences of any errors or omissions in the Content, or otherwise, relating to the Website.

APCX® and its related bodies corporate and their respective officers, directors, employees, agents and licensors will not be liable for any losses or damages which may be suffered whether the same are suffered directly or indirectly or are immediate or consequential, which are:

(i) special damage, even where such special damage is foreseeable or

(ii) loss of profits, anticipated savings, business opportunity or goodwill or

(iii) loss of data.

The responsibility for a prospectus or disclosure statement and its compliance with the Corporations Act 2001 remains with the issuer (or offeror) of securities, its directors and those persons named in the prospectus or disclosure statement. APCX®, its related bodies corporate and their respective officers and employees accept no responsibility or liability in relation to such documents.

None of APCX®, its related bodies corporate, or their respective officers employees, agents and licensors makes or has made any recommendation regarding any of the securities issued by any of the companies identified on the Website. Subscribers accessing the Website should seek the advice of independent professionals, as appropriate, regarding the evaluation of any specific information, index, report, opinion, advice, security or other Content.

APCX® does not provide advice. No Content should be regarded as a recommendation, opinion or suggestion that any investment or purchase is suitable for a particular investor, buyer or for a particular purpose. The price of any securities mentioned within the Content and the income derived from them may go down as well as up and any past performance figures shown are not indicative of future performance. Any share on the Website and on the APCX® Website is likely to be less realisable and to carry a higher risk than an investment in a share listed on the Australian Securities Exchange Limited or other authorised stock exchange.

APCX® may from time to time provide links to you from the Website and APCX® Website for your convenience. Should you leave the Website or the APCX® Website via a link contained in it, the content that you view therein is not provided by APCX® or us. Neither APCX® nor we are responsible for, nor have APCX® or we developed or reviewed the contents of those web sites. APCX® and we make no guarantees, representations or warranties as to, have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.

APCX® prohibits caching, unauthorised hypertext links to the Website, the APCX® Website and http://www.apcx.com.au and the framing of any Content through the Website, the APCX® Website and http://www.apcx.com.au. APCX® reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other site reached by links to or from the Website, the APCX® Website and http://www.apcx.com.au.

Under the Privacy (Private Sector) Amendment Act 2000 your Advisor has obligations to collect any personal information that you provide to us fairly. Your IP address will be automatically collected and logged as part of the connection of your computer to our web server and may be used to determine the total number of visits to each part of the Website, APCX® Website and http://www.apcx.com.au.

The Website, APCX® Website and apcx.com.au use technology called “cookies”. Cookies are small text files placed on your hard disk drive by a web server to enable you to store tailored information from the Website, APCX® Website and http://www.apcx.com.au. A cookie can be sent to your browser which may then store it on your system. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. You may continue browsing the Website, APCX® Website and apcx.com.au even if you decide not to accept the cookie.

APCX® reserves the right to revise these terms and conditions of use at any time and you are deemed to be aware of and bound by any changes to these terms and conditions upon publication on the APCX® Website and http://www.apcx.com.au.

APCX® reserves the right to seek all remedies available at law for breaches of these terms and conditions of use, including the right to deny access temporarily or permanently from a particular internet address to the Website, APCX® Website and http://www.apcx.com.au.

Intellectual property rights:
You accept if APCX® makes available or develops any Intellectual Property as a result of or during your course of using the Domain, then all proprietary rights to that Intellectual Property will remain the sole property of APCX® and related parties.

Unless otherwise agreed in writing, if any Intellectual Property is developed as a result of, or during the course of your use of this Domain, then all proprietary rights to that Intellectual Property will remain the sole property of APCX® and related parties. This includes submitted data by you, which is aggregated by APCX®.

Dispute resolution:
You accept that APCX® will be governed by and operate in accordance with the laws of the State of New South Wales (Australia) and you agree to submit to the exclusive jurisdiction of the courts and tribunals of that State.

APCX® is not a public stock exchange:
You accept that the information on the Website and/or the APCX® Website is provided by third parties. We and APCX® act only as a publisher of it. Website, the APCX Website and apcx.com.au is not a stock market. The information published on Website, the APCX® Website and apcx.com.au does not constitute an offer or invitation to subscribe for or buy securities.

ASIC Exemption:
The APCX® Website and apcx.com.au operate under an exemption from provisions of the Corporations Law (Australian Securities and Investments Commission Class Order No. 02/273). You and we both agree to comply with the terms of that Class Order (including any limits or restrictions on capital raising) as amended or replaced from time to time.

Warning Notice:
You accept buying and/or investing in new and existing businesses, including the use of information published by APCX® carries risks (including possible loss of the entire investment) and is speculative in nature.

You acknowledge that the information in APCX® about proposed business opportunities and securities:

  • Is not intended to be, and is not necessarily, the only information available on which to make an investment decision. Other, detailed information (such as accounts, business plans, information of intellectual property or industry property, expert opinions including valuations or auditors’ reports) may be needed and available from other sources.
  • Is not a substitute for a prospectus or other disclosure that may be required under the Corporations Law.

You are required as a potential buyer and/or investor to conduct your own investigations and/or due diligence and seek independent expert and/or professional advice before buying or investing in any businesses listed on APCX® and/or third party advisory site that is associated with APCX®.

Co-Branding:
The APCX® logo is not used to suggest that APCX® endorses, promotes or recommends the expertise or experience or business of you and/or any other person, corporation, organisation and/or creating enterprise without the written permission of APCX®.

Any person, corporate, organisation and/or enterprise found to be using the APCX® logo in a manner that APCX® considers is inappropriate or misleading will be required to discontinue the use of the logo.

Any person, corporate, organisation and/or enterprise found to be using and/or create any business names, trademarks or trading names which incorporates APCX® or the APCX® logo or which suggests that their business is endorsed, promoted or recommended by APCX without the prior written consent of Australian Private Companies Exchange Pty Limited, will be prosecuted in accordance with Australian laws.

APCX® and Australian Private Companies Exchange Australian® are trademarks under exclusive license to Australian Private Companies Exchange Pty Limited. Use of these trademarks is prohibited without prior written consent of Australian Private Companies Exchange Pty Limited.

Unlisted Marketplace™, Australian Private Second Exchange™, APSX™, Second Exchange™,  Advisor Console™, Investor Console™, Group Manager Console™, Private Network™, Company Console™, http://www.startup.education™, investmentready.com.au™ and unlistedcompanies.com™ are trademarks of Unlisted Marketplace Pty Ltd and associated companies. Use of these trademarks is prohibited without prior written consent of Unlisted Marketplace Pty Ltd.

Third party advertisements and links:
The Domain contains links to third party web sites. These linked web sites are not under the control of APCX®, and APCX® is not responsible for the information published at any linked web site or any hyperlink contained in a linked web site. If you link to any such web site from APCX® then you do this entirely at your own risk. APCX® provides these hyperlinks and links to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked web site by APCX®.

Restrictions:
Both copyright law and international treaty provisions protect APCX® standards, principles, and system(s). Unauthorised copying of the standards, principles and system(s) is expressly forbidden. You may not distribute copies of our system(s) to others. You may not modify, adapt, translate, reverse engineer, de-compile, disassemble, or create derivative works based on the standards, principles and system(s). You may be held legally responsible for any copyright infringement that is caused or incurred by your failure to abide by these terms of use.

Disclaimer of warranties:
To the extent permitted by applicable law, the document management and matching system(s) is delivered “as is” and without express or implied warranty of any kind by either APCX® or anyone else who been involved in the creation, production or delivery of the document management and matching system(s), including but not limited to any implied warranty of merchantability, non-infringement or fitness for a particular purpose.

Use of information:
You will not rely solely on the information published by APCX® or its relevant APCX® marketplace segments for any purpose and you will make your own investigations regarding the accuracy, reliability and completeness of such information. APCX® does not vet, authorise or endorse the accuracy, reliability and/or completeness of any information published by APCX or its relevant APCX marketplace segments.

APCX® does not vet, authorise or endorse or accredit advisors, financial institutes, consultants, accountants: including and not limited to APCX® members, subscribers or any seller(s), buyer(s) and advertisers using APCX®.

Liability and indemnity:
To the extent permitted by law, neither APCX® nor its officers, employees and agents are liable to compensate any other person and/or entity for any loss, damage, cost or expense sustained or incurred in connection with the use of APCX®. This limitation of liability extends to:

  • the reliability of the APCX® computer system(s), databases and/or the matching facilities. APCX® does not give any guarantee and, to the extent permitted by law, neither APCX® nor its officers, employees, and agents are liable for any loss, damage, cost or expense as a result of any failures in these facilities.
  • liability that might arise because of negligence of APCX®, and its officers, employees or agents.
  • liability that might arise because you accessed and/or used the Domain.

Linking to the Domain:
Please contact APCX® if you wish to have a link from your site to APCX®.

APCX® is a registered trademark under exclusive license to Australian Private Companies Exchange Pty Limited [ACN 167 262 599].

Australian Private Companies Exchange®

ACN 167 262 599
2001-2015 ©
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