AKELA - Terms & Conditions

TERMS & CONDITIONS

The Akela Terms of Use set out below (the Agreement) govern your use of the Akela website located at www.akela.vc (the Website) or as a mobile phone app (App) and form a binding agreement between Akela Capital Pty Ltd (ACN 140 980 703) (Akela) and you in relation to your use of the Website.

Please read the Agreement carefully before using the Website or App. If you have any questions, please contact us. By using the Website or App, you acknowledge and agree that you have had an opportunity to read and understand all of this Agreement and the Privacy Policy and you agree to be bound by their terms and conditions. If you do not agree with the terms set out in this Agreement or the Privacy Policy, you should not access or use the Website/App.

This Agreement does not constitute an agreement by Akela to provide services to you. Any services that you receive from Akela may be subject to the terms of a separate written agreement. Akela will only provide its services to users who meet its eligibility requirements which, at this time, include a requirement that the users be an Australian resident.

Akela may, from time to time, amend this Agreement. Any such amendments will be posted on the Website and/or App and will take effect at least fourteen (14) days after such posting. If you do not accept such amendments to the Agreement, you cannot continue to use the Website or App. By using the Website or App, you agree that the then current version of this Agreement (including any amendments effective at that time) applies to your use of the Website or App.

GENERAL ADVICE ONLY

While all reasonable efforts have been made to ensure that the information and content contained in this Website/App is accurate and up to date, it is not designed to provide personal financial or investment advice. The information provided does not take into account your particular investment objectives, financial situation or investment needs.

The Company is a Corporate Authorised Representative of Australian Financial Services Licence No 435872.

General Advice Only
1. Akela reserves the right to modify, discontinue or disable the Website/App or any part of the Website/App (on a permanent or temporary basis) at any time. While Akela will, where reasonably practicable and possible, endeavour to provide you with prior notice of such modifications, discontinuations or disabling, you agree and accept that it may not always be possible to provide you with such prior notification.
2. This page has been prepared by Akela and is not an offer to sell or solicitation to buy any financial product. This page has been prepared without taking account of your objectives, financial situation or needs. Consequently, before acting on the information in this page, you should consider the appropriateness of the information in view of your own objectives, financial situation and needs.
3. Akela makes no representation and gives no advice in respect of any financial, investment, tax, legal or accounting matters in any jurisdiction including the suitability of any financial product to investors. Neither Akela nor any of its affiliated companies, agents or subcontractors shall be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including lost profits arising in any way from, including but not limited to:
  1. a. the information provided in the Website/App;
  2. b. the modification or misuse of information on the Website/App; or
  3. c. claims of third parties in connection with the use of this Website/App
4. You must not use the Website or App:
  1. a. to collect any personal information on other individuals or to upload personal information of other individuals, including their names, address, phone number or any other identifying information; or
  2. b. for any unlawful purpose.
  3. c. you are younger than 18 years of age.
5. You must not violate or attempt to violate the security of the Website or App. You must not hack into the Website, App, Akela's computer systems or the computer systems of other users of the Website or App. "Hacking" means unauthorised access, malicious damage and/or interference and includes, without limitation, spamming, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website/app.
6. If you breach the terms of this Agreement, Akela may (at its option, and without limiting the remedies available to Akela in any way) terminate its agreement with you or bar you from accessing the Website or App on a temporary or permanent basis.
Usernames and passwords
1. You can play an important role in keeping your personal information secure by maintaining the confidentiality of any password and accounts used on the Website or App. Please notify Akela immediately if there is any unauthorised use of your account by any other internet user or any other breach of security.
2. You are responsible for the security of your user name and password (or other log-in information) and you take responsibility to ensure the confidentiality of this information.
Intellectual Property Rights
1. The Website/App and all content contained on the Website/App (including without limitation all text, graphics, icons, advertisements, photographs, databases, trademarks and other information contained on the Website/App (other than Third Party Content) (Akela Content) (and all intellectual property rights that subsist in the Website/App and Akela Content, including without limitation copyright, trademarks, patents, design rights and all other forms of intellectual property existing in the world) are owned and operated by Akela or its third party licensors and suppliers. Nothing in this Agreement constitutes a transfer of any intellectual property rights.
2. Subject to this Agreement and all applicable laws and regulations, Akela grants you a non-exclusive, non-transferable, personal, limited licence to download, access, view, use and display the Akela Content which Akela makes available to you from time to time on the terms and conditions set out in this Agreement.
3. You must not do anything which breaches or otherwise interferes with Akela’s intellectual property rights or the intellectual property rights of any of Akela’s third party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from any Akela Content without the prior written permission of Akela or the relevant third party licensor or exploit such contents for commercial benefit.
4. All rights not expressly granted are reserved by Akela.
Privacy
1. By using the Website and the App, you agree to provide true, accurate, current and complete information about yourself, and your accounts maintained at third party websites and you agree to not misrepresent your identity or your account information held with third party account providers.
2. By using, and continuing to use, the Website and the App, you authorise Akela and its service providers (Service Providers) to access third party websites designated by you, on your behalf, to retrieve information requested by you in order to facilitate the provision of services by Akela. For that sole purpose only, you hereby appoint Akela and each Service Provider as your agent, with full power of substitution and re-substitution, to access third party websites, servers or documents, retrieve information, and use your information, all as described in this clause 4.2, with the full authority to do and perform anything necessary to be done in connection with such activities, as fully to all intents and purposes as you may or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN AKELA OR A SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY WEBSITES, AKELA AND ANY SERVICE PROVIDER ARE ACTING AS YOUR AGENT. You agree that third party account providers are entitled to rely on the foregoing authorisation and agency granted by you solely for the purpose set out in this clause 4.2.
3. Any personal information collected by Akela through the Website/App, or otherwise collected by or on behalf of Akela, will be dealt with in accordance with the Akela Privacy Policy.
Third Party Activities
1. The Akela Website or App may contain links to third party websites where content is not controlled by Akela (Linked Sites).
2. Links to Linked Sites are provided for convenience only. The appearance of a link to a Linked Site does not imply Akela’s endorsement of that Linked Site or any content created or uploaded by a party other than Akela, including all text, graphics, icons, advertisements, photographs, databases, trademarks and other information created and/or uploaded by such a party (Third Party Content). Akela has no control over and is not responsible for any Linked Site or any Third Party Content.
3. You access Linked Sites at your own risk and, to the full extent permitted by law, subject to clause 6.5, Akela disclaims all guarantees and warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on such Linked Sites and in Third Party Content.
4. Your use of Third Party Content (including, without limitation, that featured on Linked Websites) may be subject to a third party's terms and conditions of use. It is your responsibility to check and comply with such terms.
Liability
1. To the full extent permitted by law and subject to clause 6.5, Akela excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in this Agreement.
2. To the full extent permitted by law and subject to clause 6.5, the Website/App and the Akela Content is provided to you "as is" and on an "as available" basis, without any representation or endorsement made and without warranty or guarantee of any kind (whether express or implied). This means that Akela does not guarantee continuous, uninterrupted or secure access to the Website/App or that its servers are free of computer viruses, bugs or other harmful components or that defects will be corrected. As a result, you may at times experience disruption or other difficulties in using the Website/App. You should consider the potential for disruption or other difficulties in planning your use of the Website/App. To the extent permitted by law, Akela has no liability to you whatsoever for loss or costs of any kind you suffer as a result of or in connection with any disruption or other difficulties in using the Akela Website or App.
3. To the full extent permitted by law, subject to clause 6.5 and except where the relevant liability arises from Akelas’ unlawful actions, neither Akela nor any party involved in creating, producing or delivering the Website/App accepts any liability for the accuracy, timeliness or completeness of the information contained on the Akela Website/App or any responsibility for any errors, misstatements or omissions in the content on the Akela Website/App.
4. To the full extent permitted by law, subject to clause 6.5 and except where the relevant liability arises from Akelas' unlawful actions, Akela excludes all liability to you for any damages or loss (including without limitation direct, incidental, indirect, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit, or loss or corruption of data) arising out of your access to, or use of, or inability to use or access the Website/App or otherwise in connection with:
  1. a. your use of, or reliance on, the Website/App (or any of the Akela Content, Linked Site or Third Party Content) however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise));
  2. b. the accuracy, timeliness, credibility, quality, utility or completeness of the information contained on the Akela Website/App; and/or
  3. c. any errors, misstatements or omissions in the content on the Website/App, whether or not Akela is aware of such errors, misstatements or omissions.
5. Certain legislation including the Australian Consumer Law, may imply warranties or conditions or impose obligations, remedies or guarantees which cannot be excluded, restricted or modified except to a limited extent. Such legislation may, for example, impose non-excludable guarantees that goods are of acceptable quality or that services will be rendered with due care and skill (with certain remedies available to consumers for certain breaches of such guarantees). To the extent that such legislation applies, this Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of this Agreement, to the extent that Akela is entitled to do so, Akela limits its liability pursuant to such provisions for any goods to the replacement, repair or refund of the cost of goods, or for services, to the re-supply or the payment of the cost of having the services supplied again.
6. You agree to fully compensate Akela and its officers, employees and agents from and against reasonable liability, loss, damage, costs and expense (including, without limitation, reasonable legal expenses on a reasonable basis) and penalties incurred or suffered by any of them arising out of:
  1. a. your material breach of this Agreement (noting that for the purposes of this clause 6.6, a material breach will include, without limitation, a breach of a representation, obligation or warranty);
  2. b. any misuse or use of the Akela Content in breach of this Agreement; and
  3. c. any act of fraud or wilful misconduct by or on behalf of you.
General
1. We may provide you with notices in connection with this Agreement by posting such notices on the Akela Website/App or, where appropriate, by email or mail if you have provided contact details for that purpose.
2. Akela may assign this Agreement provided that the relevant assignee undertakes to perform all of Akela obligations herein.
3. The obligations to compensate for losses incurred by Akela and its officers, employees and agents in this Agreement are continuing obligations of the parties, separate and independent from their other obligations and survive termination of this Agreement and absolute and unconditional and unaffected by anything that might have the effect of prejudicing, releasing, discharging or affecting in any other way the liability of the party that is obliged to provide the compensation.
4. This Agreement is governed by the laws of Western Australia, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
Important Acknowledgements by applying for an Akela Account
1. you consent to receive any and all, documents, information, or other communications from Akela electronically through the Website, the App, email or otherwise over the internet;
2. you agree that you will use the Website/App for all transactions in respect of your Akela Account;
3. you confirm that any information you enter into the Website/App, will be true, accurate, current, and complete;
4. you agree and acknowledge that any Offers on this Website/App in which you express an interest to invest in does not guarantee you an investment in that Offer;
5. you agree and acknowledge that we will use your personal information to send you messages containing important information about your Akela Account. These messages are an important part of the service that we provide to you, and will be sent to you as long as you hold an Akela Account. You cannot opt-out of receiving these messages; and
6. you agree and acknowledge that by investing through an Akela Account you may not have access to some of the rights and entitlements that would otherwise be available to you as a retail investor if you invested directly, including but not limited to not having access to:
  1. a. cooling-off rights;
  2. b. withdrawal rights in respect of Investments; and
  3. c. voting rights in respect of Investments.

CONTACT US

If you would like to know more about our services, or have any queries, please contact us.