Website Terms and Conditions of Use

Last Modified: 5th October, 2018

Acceptance

The Josari Website (Website) is owned by Josari Holdings Pty Ltd (Josari) and operated by Josari Ventures Pty Ltd (ABN 56 626 251 901) of PO Box 838, Morningside, QLD, 4170  (We, Us). By using the Josari Website or by registering as a user you (You) agree to be bound by the following agreement (Terms of Use) between you and us.

These Terms of Use incorporate our privacy policy (www.josari.io/privacy), and govern your access to and use of the Josari Platform. If you do not agree to these Terms of Use (including any amendments to them), please exit the Josari Platform immediately.

The Website may be updated from time to time, including these Terms and Conditions. Josari encourages you to check this document regularly.

By continuing to use this Website after these Terms and Conditions have been updated, you acknowledge that you have read and understood the updated Terms and Conditions and agree to be bound by them.

Intellectual property and restrictions on use of content

The Website and the materials on this Website are subject to copyright. Unless otherwise indicated, the copyright is owned by Josari or a related company, which reserve all rights.

Except for the direct purpose of viewing, printing, accessing or interacting with the Website for your own personal use or as otherwise indicated on the Website or these Terms and Conditions, you must not reproduce, modify, communicate to the public, adapt, transfer, distribute or store any of the contents of the Website, or incorporate any part of the Website into another web site without Josari’s consent.

The Website also includes registered and unregistered trademarks, which are owned by Josari or a related company. Except to the extent that it is expressly indicated to the contrary, your access to or use of this Website does not constitute or create a licence or any other right to use the name, trade dress, trademarks, copyrights or any other intellectual property which appears on the Website.

Josari reserves the right to revise the content of, amend links from or withdraw access to the Website at any time without notice and without liability to you or any other person.

Links to Third Party Sites and Third-Party Advertisements

Josari assumes no responsibility and accepts no liability for the condition or content of third party web sites which may be linked to or accessed from the Website. Except as Josari may specifically direct otherwise, Josari does not authorise the content of those third-party web sites.

The Website may also contain third party advertisements which contain embedded hyper-links to web sites operated by third parties. The placement of third party advertisements on this Website does not necessarily constitute the recommendation or endorsement of Josari for such goods or services.

The third-party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.

Financial Information and advice

The information on this Website provides general information only and is not intended as investment advice and must not be relied upon as such. You should obtain independent professional advice and make further independent enquires before making any investment decisions or taking any further action based on the information contained on this Website.

Without implying any licence to do so, if you pass on any information contained in this Website to any other person, you should pass on this disclaimer also and draw it to their attention. Josari is not offering and must not be construed as offering, any securities or other financial products under or through this Website and this Website is not an invitation to you to take up securities or other financial products.

Josari does not provide, and must not be construed as providing, recommendations in relation to any securities or other financial products.

Software and other digital materials available for download

From time to time certain software and related digital materials may be expressly made available by Josari for downloading from the Website.

Unless those software or materials are expressed to be pursuant to specific conditions (in which case those conditions will apply), Josari grants to you a personal, non-transferable, and non-exclusive licence to use the relevant software or materials for your own private use, provided that you do not copy, communicate to the public, modify, reverse engineer, or otherwise transfer or purport to transfer any right in them, and provided also that you ensure that all copies of such software and materials retain any copyright or other intellectual property notices.

Except as otherwise provided for in the terms of any express licence agreement, Josari gives no warranties (either express or implied) as to the completeness, accuracy or reliability of such software or materials, and they are downloaded and used by you entirely at your own risk.

Competitions and promotions

Certain parts of the Website may contain competitions or promotions from Josari or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions.

Notwithstanding any specific terms and conditions, Josari specifically retains the rights, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you. All competitions and promotions are only open to persons located in Australia who are over 18 years of age, and prizes will not be awarded to people who do not meet this requirement at the time of entry.

Content and other information provided by you and others

Certain parts of the Website may allow you to post messages or otherwise submit materials for publication on the Website. It is a condition of your use of, and continued access to, the Website that you do not restrict or inhibit any other user from using or enjoying the Website (or part of it) and do not post any material which is obscene, offensive, pornographic, defamatory, racist, discriminatory, in breach of third party rights (including intellectual property rights) or otherwise in breach of the law.

Josari may monitor or review the contents of messages and materials posted on the Website and reserves the right to edit, refuse to post, or remove any message and materials from the Website as it sees fit and without liability. However, Josari is under no obligation to perform these activities and does not warrant that it will do so. The information and opinions expressed by users of the Website are those of the relevant individuals who post them, and Josari is not responsible for them.

You grant to Josari a non-exclusive perpetual royalty free licence to copy, adapt, communicate to the public and otherwise use all or any part of the materials, information, ideas, concepts, know-how or techniques provided directly or indirectly by you through the Website or your use of the Website (including without limitation information gained from the fact that you have accessed the Website and information, goods or services you have sought from the Website (“Information”).

You warrant that you have the ability to grant such rights to Josari and agree to indemnify Josari if any third party takes action against Josari in relation to Information you provide. All Information and other materials received from you shall be deemed to be non-confidential.

Personal information

Josari may collect, use and disclose personal information about you obtained by Josari from your use of the Website. Josari’s management of this information is governed by the Privacy Policy.

Disclaimer and Limitation of Liability

The Website and its entire contents are provided on an “as is” basis. Josari, related companies of Josari, and their directors, officers, employees, agents and contractors give or make no representation or warranty (either express or implied) as to the completeness, accuracy, reliability or availability of the Website or its contents nor do they accept any responsibility arising in any way (including from negligence) for errors in, or omissions from, the contents of this Website.

You should be aware that information current to a particular time or date as placed on the Website does not mean that more recent information of the relevant type does not exist, or is not available through other means, or that circumstances have not changed, such that the information does not reflect the state of affairs at any subsequent time. Further, for various reasons, substantial delays may occur before particular information on this Website is updated.

Josari, related companies of Josari, and their directors, officers, employees, agents and contractors are not liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising from your use or non-use of the Website (including the downloading of any materials or the purchase or attempted purchase of any products), or your reliance upon information contained upon it (whether arising from Josari or any other person’s negligence or otherwise).

Where any Act of Parliament implies any term, condition, representation or warranty into the contents of this Website or your use of or access to the Website, and that Act prohibits exclusion of that term, condition, representation or warranty, then that term, condition, representation or warranty is included. If so, and to the extent permitted by the Act, Josari’s liability for any breach of such term, condition, representation or warranty is limited to the supplying of the relevant good or services again, as Josari may choose.

Indemnity

You agree to indemnify and keep indemnified Josari, related companies of Josari and their directors, officers, employees, agents and contractors in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which Josari, related companies of Josari and their directors, officers, employees, agents and contractors may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the Website (or any part of it) or your breach of these Terms and Conditions.

Termination

Josari reserves the right to revise the content of, amend links from, or withdraw access to the Website at any time without notice and liability to you. Your membership of the Website, your ability to participate in all or certain parts of the Website, or your ability to access the Website may be terminated at any time without notice, and without any liability to you. Any indemnities given by you and limitations on Josari’s liability will survive such termination.

Miscellaneous

A right relating to these Terms and Conditions may only be waived by Josari in writing. The laws of Queensland, Australia apply to these Terms of Use and the parties submit exclusively to the courts of that jurisdiction. If any provision of these Terms and Conditions are found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remaining provisions, which will continue in full force and effect.

Josari’s failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by Josari in writing.