Terms and Conditions

FB Ventures Pty Limited (ABN 63 670 888 758) (AFSL 553008) referred to as ‘FB Ventures’, ‘our’, ‘we’ or ‘us’ operate the website www.fbventures.vc (including any subdomains) (the ‘Website’). FB Ventures is a licensed crowd-sourced funding (‘CSF’) intermediary and is authorised by the Australian Securities and Investment Commission to provide an equity crowd-sourced funding service through FB Ventures platform on its Website (the ‘Platform’).

These terms and conditions (‘Terms and Conditions’) govern your use of the Website and Platform. These Terms and Conditions constitute a binding agreement between you and FB Ventures.

Please carefully read the Terms and Conditions before using the Website and/or the Platform. By using the Website and/or the Platform, you acknowledge and agree that you have read and understood all the Terms and Conditions, the Privacy Policy, and any other referenced documents, and agree to be bound by them. If you do not agree with the Terms and Conditions or the Privacy Policy, you should refrain from accessing or using the Website and the Platform, or any services offered by us.
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FB Ventures reserves the right to amend the Terms and Conditions (or any referenced documents) from time to time. Any amendments will be posted on the Website and the Platform and will take immediate effect. If you do not accept the changes, you must discontinue using the Website and the Platform, and refrain from using any services offered by us. By continuing to use the Website and the Platform you agree to the current version of the Terms and Conditions (including any amendments that apply to you).

FB Ventures may assign its obligations under the Terms and Conditions, provided that the assignee undertakes to fulfil all obligations specified herein.

By using our Website and/or Platform and participate in any crowd-sourced funding offer, you consent to using electronic means to agree to, or bind yourself to legal obligations. When you indicate your agreement or acceptance of terms and conditions, offers, or other documents through electronic means, you are considered to have agreed to or signed them.
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Where required by law, or otherwise, we will provide you with any necessary documentation electronically through links on the Website or Platform, or other electronic methods we choose to use. It is your responsibility to regularly check your email, the Website and the Platform for any such documents. We recommend printing or electronically storing important documents for future reference.  

You play a critical role in safeguarding your personal information by keeping your password used on the Website or Platform confidential. Promptly notify FB Ventures of any unauthorised use of your Website or Platform access or any security breaches. You are accountable for maintaining the security of your username and password (or other login details) and ensure their confidentiality.

The Website and Platform, including all content, (such as text, graphics, icons, advertisements, photographs, databases, trademarks, and other information) contained herein (excluding Third-Party Content), are owned by FB Ventures, its licensors, suppliers or clients. These Terms and Conditions do not transfer any intellectual property rights to you.

Subject to these Terms and Conditions and applicable laws, FB Ventures grants you a personal, non-transferable, non-exclusive, and limited licence to download, access, view, use, and display FB Ventures content made available to you from time to time.
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You must not engage in any activities that violate or interfere with the intellectual property rights of FB Ventures, or the rights of any third-party licensors of FB Ventures. This includes, but not limited to, distributing, reproducing, publicising, altering, modifying, creating derivatives works, or commercially exploiting FB Ventures content without prior written permission from FB Ventures or the relevant third-party licensor.
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All rights not expressly granted herein are reserved by FB Ventures.

By using the Website and Platform, you affirm that you will provide accurate, current and complete information about yourself and any accounts held at third-party websites. If you are acting on behalf of a company or other entity, you confirm that you have the authority to disclose information about that entity to FB Ventures. You also warrant that the information provided is accurate, current, and complete, and that you have the authority to bind the entity to these Terms and Conditions and any constituent documents.
 
By using and continuing the use of the Website and Platform, you authorise FB Ventures and its service providers to access third-party websites designated by you to retrieve information as requested by you for the purpose of facilitating services provided by FB Ventures. You appoint FB Ventures and each service provider as your agent, with full power of substitution or resubstitution, to access third-party websites, servers, or documents, retrieve information, and use your information as described with full authority to perform all necessary actions in connection with such activities, as you could do in person.  

You acknowledge and agree that when FB Ventures or its service providers access and retrieve information from third-party websites, they do so as your agent. You agree that third-party account providers may rely on this authorisation and agency solely for the purposes outlined. Any personal information collected by FB Ventures through the Website, the Platform or collected on behalf of FB Ventures will be handled in accordance with FB Ventures Privacy Policy.

The Website and Platform may include links to websites operated by third parties where content is not controlled by FB Ventures (‘Linked Site’).

Links to Linked Sites are provided for convenience only. The presence of a link to a Linked Site does not signify FB Ventures endorsement of that Linked Site or any content created or uploaded by a party other than by FB Ventures. This includes all text, graphics, icons, advertisements, photographs, databases, trademarks, and other information created and/or uploaded by such parties (‘Third-Party Content’). FB Ventures exercises no control over and assumes no responsibility for any Linked Site or Third-Party Content.
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You access Linked Sites at your own risk, and FB Ventures disclaims all guarantees and warranties, whether express or implied, regarding the accuracy, value, legality, or any other aspect of material or information controlled on a Linked Site and in Third-Party Content to the fullest extent permitted by law.
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Your use of Third-Party Content (including that found on Linked Sites) may be subject to the terms and conditions set by the third-party. It is your responsibility to review and comply with such terms.

FB Ventures excludes all representations, warranties, guarantees, and conditions to the fullest extent permitted by law, whether express or implied (including those implied by statute, custom, or otherwise) except as expressly stated in these Terms and Conditions.
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The Website, Platform and content supplied by FB Ventures are provided to you ‘as is’ and on an ‘as available’ basis, without any representation, endorsement, or warranty of any kind, whether express or implied. FB Ventures does not guarantee continuous, uninterrupted, or secure access to the Website or Platform, nor that its servers are free of computer viruses, bugs, or other harmful components, or that any defects will be corrected. You may experience disruptions or other difficulties in using the Website or the Platform. You should consider the possibility of disruptions or other difficulties in using the Website or the Platform.

To the extent permitted by law, FB Ventures assumes no liability for any loss or cost you may incur as a result of or in connection with any disruptions or other difficulties in using the Website or the Platform.

FB Ventures, except where liability arises from unlawful actions, and any party involved in creating, producing, or delivering the Website or the Platform, disclaim any liability for the accuracy or completeness of the information on the Website or Platform, as well as any responsibility for errors or omissions in its content, to the fullest extent permitted by law.

FB Ventures excludes all liability for any damages, or losses (including direct, indirect, incidental, consequential, special, punitive, or exemplary damages, or any loss of business, interest, goodwill, revenue, profit, loss or corruption of data) arising from your access to use, inability to use, or access to the Website or Platform, or otherwise in connection with:

• Your reliance on the Website and Platform (including FB Ventures content, Linked Sites or Third-Party Content), however caused (including without limitation, damages or loss arising in contract, tort, negligence, statute or otherwise); and
• The accuracy, timeliness, credibility, quality, utility, or completeness of the information on the Website or Platform, and/or any error omissions in its content, whether or not FB Ventures is aware of such errors or omissions.

You agree to indemnify FB Ventures, its associates, officers, employees and agents from any loss, damage, expense, (including legal expense), and penalties incurred or suffered by any of them arising from:
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• Your material breach of investment documentation (including breach of representation, obligations or warranty);
• Any misuse or unauthorised use of FB Ventures content in breach of the investment documentation; and
• Any act of fraud or wilful misconduct by you on your behalf.

These obligations to indemnify for losses incurred by FB Ventures, its associates, officers, employees, and agents under these Terms and Conditions are ongoing, separate and independent from their obligations. These obligations survive termination of these Terms and Conditions and are absolutely, unconditional, and unaffected by anything that might effect the liability of the party obligated to provide information.

These communications can be delivered by email or through our website. If you wish to opt-out of receiving these marketing communications, you can use the opt-out facilities provided in our marketing messages, except for communications through our website.

In accordance, with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (‘AML/CTF Act’), we are obligated to identify and verify the identity of new investors (in certain cases, existing investors) in a crowd-sourced funding investment. To fulfil this requirement, we must collect specific information and documentation from each investor. Failure to provide this information will result in your application not progressing, and we cannot be held liable for any resulting loss. We may also need to request additional information from you to comply with ongoing customer due diligence obligations under the AML/CTF Act.

Under the AML/CTF Act, we are required to retain copies of the information and documentation collected from you and may, under certain circumstances, disclose this information to the Australian Transaction Reports and Analysis Centre (‘AUSTRAC’) or other government bodies. Except for disclosures permitted or required by the AML/CTF Act or statute, we will maintain confidentiality of your information in accordance with relevant legislation.

The Foreign Account Tax Compliance Act (‘FATCA’) is a United States (‘US’) law that aims at preventing US citizens from evading income tax by investing in assets outside the US, including through financial institutions. FATCA mandates reporting of direct and indirect ownership of non-US accounts and entities by US persons to the US Internal Revenue Services (‘IRS’).

The Common Reporting Standard (‘CRS’), is a global standard endorsed by over 100 countries under the Organisation for Economic Cooperation and Development (‘OECD’). CRS facilitates the collection, reporting, and exchange of financial account information on foreign tax residents.
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To comply with these regulations, FB Ventures collects necessary information to verify your FATCA and CRS status.

By accessing the Website and Platform, you acknowledge understanding and acceptance of the inherent risks associated with an investment in a CSF offer.

FB Ventures does not provide any guarantees regarding future performance, profitability, dividend payments, or capital return for any investment on the Website or Platform.

Forward looking statements, including statement of opinion, projections, forecasts and other materials, are based on various assumptions, some of which may prove to be incorrect. None of FB Ventures’ associates, officers, employees, agents, advisors or any other person associated with the Website or Platform make representations regarding the accuracy or likelihood of these forward-looking statement or their underlying assumptions.

Prior to making an investment you should read the CSF offer document, General Risk Warning, Financial Services Guide and any other documents relating to the investment and seek advice from your tax, legal and/or financial advisors before making any investment decisions through the Website and Platform.