Last updated: December, 2018
The Galaxy Crowdfunding is operated and controlled by Galaxy Crowdfunding Pty Ltd ACN 622 444 142 ("Galaxy Crowdfunding", "us", "we", or "our"). We provide the Services to users of the Site (“Users”, “you”, “your” "Investor" "Participants" or “Issuer”) , subject to these terms and conditions (“Terms”).
These Terms govern your use of the Site, including any services that you access through the Site, and the use of your Galaxy Crowdfunding user account (“Account”).
Nothing on the Site should be considered an offer or solicitation to buy or sell any service or product to any person in any jurisdiction where such offer or solicitation would be unlawful.
In these Terms, a reference to “you” includes anyone acting on your behalf or with your express or implied authority.
The Site will connect Issuers and Investors, and enable Investors to:
a. contribute capital to company by investing equity issued for each Project (“Issuers”), and
b. to invest equity delivered in respect of the different Projects. (“Services”)
To access the Services and be eligible for an Account, you must:
a. be an individual over the age of 18 or a legally incorporated company (including one acting in the capacity of trustee), and
b. have the capacity to enter into and agree to be bound by these Terms.
c. Galaxy Crowdfunding reserves the right, in its absolute discretion to refuse to register a User for an Account at any time, and retains the right to ask for further information or to set further requirements that may be reasonably necessary to protect Galaxy Crowdfunding’s interests.
In relation to the operation and maintenance of an account which holds User funds, Galaxy Crowdfunding must:
a. maintain accounts in accordance with any applicable law or standard,
b. at all times be able to identify each User’s assets, and
c. not mix our own funds with funds held on behalf of Users.
You represent and warrant that:
a. you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
b. the information you supplied to us is true, correct and complete.
You will not, and you will not permit any other person to:
a. use or access the Site in a way that infringes the intellectual property rights or other rights of any person
b. do anything which will or may damage, disrupt access to or interfere for any period of time with the proper operation of the Site or provision of the Services
c. knowingly introduce viruses, Trojans, worms, bots, logic bombs or other malicious software
d. do anything which will or may place an unreasonable load on the infrastructure of the Site
e. post, distribute or send any ‘spamming’ material or any other form of bulk communication on or using the Site
f. use the Site to transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of the Site
g. impersonate any person or entity
h. publish on the Site, or disseminate using the Site, any material which is or may be unlawful, defamatory, indecent, offensive or inappropriate, or which may harass others
i. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction or data harvesting) on, or in relation to, the Site
j. use the Site for any unlawful purpose, including (without limitation) any act or omission carried out for the purpose of money laundering or terrorism financing, or
k. otherwise use the Site for any purpose that may harm the reputation of Galaxy Crowdfunding.
You acknowledge and agree that the Site and Services are there are provided without warranties of any kind and that there are a number of risks involved in the Services and your use of the Site, including but not limited to:
a. investing in CSF Offers may carry a high level of risk, and may result in a loss of all your invested funds even if the company is successful, the value of your investment and any return on the investment could be reduced if the company issues more shares. Even though you have remedies for misleading statements in the offer document or misconduct by the company, you may have difficulty recovering your money.
b. AUD held in your Account, or otherwise by us, may not be secure or free from hacking, theft or other unauthorised access,
c. your equity investment may not be liquid. This means you may not be able to sell your shares quickly or at all if you need the money or decide that this investment is not right for you, and
d. third parties may receive your Personal Information and data by a third party intercepting, accessing, monitoring or receiving any communication between you and Galaxy Crowdfunding, including via your Account.
Galaxy Crowdfunding takes reasonable steps to deliver the Services effectively and maintain the Site, the security of your Personal Information and your Account. However, we do not warrant, guarantee or represent that:
a. the results of using the Site will meet your requirements
b. the Site or Services, or any information or other material accessible through our Site, will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component
c. any errors or defects in the Site will be corrected
d. there will be operational stability, availability or continuation of the Site or the Services
e. the Site, including your Account, is safe from hacking
f. your use of the Site and the provision of the Services will not infringe the rights of any third party
g. the contents contained on the Site are complete, accurate, reliable or suitable, or
h. there will be any continuation of the agreement formed under these Terms.
In addition, we warn you that we may be discontinue the Site or Services at any time in our absolute discretion, and that our Site may be inaccessible at times due to:
a. down time and maintenance
b. outages to the Internet, networks or servers
c. equipment failure, including the failure of third party systems, or
d. any other major event that implicates the Site and/or Services and is beyond our control.
You represent and warrant that:
a. you will open and operate your Account, use the Site and access the Services in accordance with these Terms
b. if you are an individual, you are 18 years or older and capable of entering into a legally binding agreement
c. if you are a corporation, you are duly constituted and registered and possess the requisite power to enter into these Terms, and any individual entering into these Terms on your behalf is authorised to do so
d. you are not using an anonymous network to access the Site
e. all information you have provided to us is correct, current and complete at the date provided, and you will promptly notify Galaxy Crowdfunding of any changes to such information
f. you will make ongoing disclosure to Galaxy Crowdfunding of any matters that may affect the operation of these Terms, or your ability to comply with them
g. you have complied with, and will continue to comply with, all applicable laws, statutes, ordinances, and regulations (including without limitation anti-money laundering and counter-terrorism financing laws and any relevant data protection or privacy laws)
h. your use of the Site or submission of Buy Orders does not infringe the rights of any third party or breach any applicable law
i. you have adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service
j. you will not use the Site for any illegal or improper purpose, including money laundering, tax evasion or the financing of terrorist activities
k. you will not use the Site for any unsolicited, undisclosed or unauthorised advertising, and
l. you have regular access to the Internet and consent to Galaxy Crowdfunding providing you any information, including notice, via the Site. It is for you to ensure your contact details are current and up to date at all times, and to check for communications and information from us.