TERMS OF USE

(UPDATED 1 OCT 2019)

About this website

This web site is operated by FUNDEXA CORPORATION PTY LTD ACN 605 836 673 ("FXA") under the domain name https://www.fundexa.com, https://www.fundexa.online/ and https://marketreach.news/ (collectively "The Site"). The Site and the FUNDEXA Fund Finder web application at https://www.fundexa.net and https://openschedule.app (together "The App") are operated by FXA and its related bodies corporate.

Your use of the information, graphics and materials on The Site ("Material on this web site") and The App is governed by these Terms of Use and the Privacy and Security Statement.

In addition to the terms contained in this document, there are also specific terms which form part of the Terms of Use and govern your use of, and access to, certain sections of The Site and The App. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the The Site.

If you are a European Union (EU) resident, please note that there are a number of provisions in this privacy policy that apply uniquely to you. For users based in the EU and the purposes of the General Data Protection Regulation (‘GDPR’), FXA is the data controller under the Regulation, which means that we determine the purposes and means of processing personal data for users and subscribers to the above. 

Use of The SITE

  • Equipment: In order use The Site and The App you will need a mobile device (Apple iPhone, Apple Ipad, Android phone/tablet). You are responsible for providing all equipment required and also access to the Internet.

  • Quality: FXA cannot guarantee that The Site and The App will always function without disruption, delay or errors. FXA takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

The Site and The App contain links to other web sites operated by third parties ("Third Party Web Sites"). FXA does not endorse, or approve of the operators of Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites ("Third Party Material").

Subject to any applicable law which cannot be excluded, FXA makes no warranties or representations:

  • regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Web Sites; or

  • that Third Party Material does not infringe the intellectual property rights of any person. FXA is not authorising the reproduction of Third Party Material by linking Material on this web site to Third Party Material.

When you follow a link on The Site or The App, material at a Third Party Web Site may be displayed in your browser framed by Material on this web site. This material is also Third Party Material for the purpose of these Terms of Use.

All offers to sell and statements relating to goods and services available on Third Party Web Sites are the responsibility of and given by the Third Party Web Site operator. In so far as such offers and statements are made on The Site, FXA expressly disclaims acting in any other respect on behalf of Third Party Web Site operators.

FXA may receive payments from operators of Third Party Web Sites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Web Site from The Site and The App.

Fundexa Corporation Product Information and Supply

Material on this web site may contain general information about FUNDEXA products and services.

Unless expressly stated otherwise, this information:

  • does not constitute an offer or inducement to enter into a legally binding contract; and

  • does not form part of the terms and conditions for FUNDEXA products and services.

For further information about a particular product or service please contact FUNDEXA directly (bill@fundexa.com).

Warranties

Information supplied by the Company for inclusion in The Site and The App is based on publicly available information, internally developed data and other sources. No independent verification of those sources has been undertaken.

While we have made every effort to ensure that information is free from error, FXA does not warrant the accuracy, adequacy or completeness of Material on this web site and The App. All information is subject to change without notice. FXA recommends that you seek independent advice before acting upon Material on The Site or Third Party Material. FXA does not guarantee that the The Site or Third Party Web Sites will be free from viruses, or that access to the The Site or Third Party Web Sites will be uninterrupted.

Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, no member of FXA is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Material on the The Site and The App or to Third Party Material, whether in contract, tort including negligence, statute or otherwise.

Liability of any member of the FXA for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at FXA’s option, to:

  • the supply of the service again;

  • the repair of the service; or

  • the payment of the cost of having services supplied again or repaired.

Termination

These Terms of Use (and the agreement constituted by your use of the information, graphics and materials on The Site and The App ) and your access to the The Site and The App may be terminated at any time by FXA without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by the FXA will survive termination, however, you will no longer be authorised to access The Site and The App .

Jurisdiction

The law applicable to use of The Site and The App and to disputes arising out of use of The Site and The App is the law of the State of New South Wales, Australia

Copyrights and Trademarks

Copyright in The Site and in The App is owned or licensed by the FXA.

Except where necessary for viewing the Material on The Site and The App on your mobile device, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Material on The Site and The App may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of FXA.

Acceptance and Changes to Terms of Use

You acknowledge and accept that your use of The Site and The App indicates your acceptance of these Terms of Use and the Privacy and Security Statement.

These are the current Terms of Use. They replace any other terms of use for The App published on the The Site to date. FXA may at any time vary the Terms of Use by publishing the varied Terms of Use on The Site. You accept that by doing this, FXA has provided you with sufficient notice of the variation. FXA reserves any rights not expressly granted in these Terms of Use.