1.1. ASIC means the Australian Securities and Investments Commission;
1.3. Our Web Portal means the web portal where users of the ‘Thundering Herd forum’ for subscribers to the site to advertise an interest to purchase or sell securities and managed investment scheme interests;
1.4. We, Us, Our means Thundering Herd Pty Ltd (ACN 603 726 085) ; and
1.5. You, Yourself, Your means any person or entity using, or intending to use, the Our Web Portal.
3.1. In order to view and access the services described on Our Web Portal, You must apply for, and be accepted by Us as a member. Memberships are for single users only. We do not permit You to share Your user name or password with any other person.
3.2. You are responsible for keeping your account information and password secure. If you suspect or become aware of any unauthorised use of your account or password, you must notify Us immediately.
3.3. You may only access the services using your account and password.
4.1. The fees payable to Us by companies or other investee are as set out in the mandate letter entered into between Us and those companies or investee companies.
4.2. Investors may register on Our Web Portal free of charge.
We confirm that:
5.1. We have no pecuniary interest in the outcome of any investment decision by any users of Our business introduction service, other than Our agreed upon fee for advertising investment opportunities; and
5.2. We do not:
(a) endorse services or markets that may be accessed through Our Web Portal;
(b) provide financial product advice;
(c) provide any legal advice;
(d) facilitate negotiations or binding contracts; or
(e) receive any fee based on the success or otherwise of any negotiations or contracts entered into by users who have registered to use Our Web Portal; and
5.3. Our Web Portal is not endorsed or approved by ASIC.
6. Class Order Warning
By subscribing to Our Web Portal, you acknowledge and agree that you are aware that:
6.1. investment in new business carries high risks. It is highly speculative and before investing in any project about which information is given, prospective investors are strongly advised to take appropriate professional advice;
6.2. the information contained in Our Web Portal has been prepared by or on behalf of the person who is proposing to issue or sell the securities or scheme interests and neither Thundering Herd nor the publisher (if any) has undertaken an independent review of the information contained in Our Web Portal;
6.3. the information contained in Our Web Portal about the proposed business opportunity and the securities or scheme interests is not intended to be the only information on which the investment decision is made and is not a substitute for a disclosure document, product disclosure statement or any other notice that may be required under
the Act, as the Act may apply to the investment. Detailed information may be needed to make an investment decision, for example: financial statements; a business plan; information about ownership of intellectual or industrial property; or expert opinions including valuations or auditors’ reports;
6.4. prospective investors should be aware that no established market exists for the trading of any securities or scheme interests that may be offered; and
6.5. Our Web Portal is subject to the Class Order.
7. Links and Advertising
7.1. Our Web Portal includes advertisements, hyperlinks and pointers to websites operated by third parties. Those third party websites do not form part of Our Web Portal and are not under Our control. When you link to those websites you leave Our Web Portal and do so entirely at Your own risk.
7.2. A display of advertising does not imply an endorsement or recommendation by Thundering Herd.
8. Website Linking
Citation of hyperlinks/links to third parties on Our Web Portal is meant to:
8.1. attribute the original source of the hyperlink where it points to third party content, and
8.2. We do not claim ownership or rights to content belonging to other parties.
We ask that you observe similar practices when linking to our content. You should be aware that if you do not do this, this may be in breach of our rights or the rights of our licensors or other third parties.
We encourage you to:
8.3. link to Our content directly.
8.4. comply with all copyright, trade mark or other applicable laws.
8.5. use the title or headline of the content to which you are linking, as long as you link directly to that content.
Thundering Herd discourages use of following practices:
8.6. attributing a link to our content as being a link to your own or someone else’s content (for example, using a third party or own logo to link to our content) ;
8.7. attributing a link to our site and then link somewhere else; and
8.8. framing Our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors.
9. No warranties
Our Web Portal is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to Our Web Portal or the information and materials provided on Our Web Portal.
Without prejudice to the generality of the foregoing paragraph, Thundering Herd does not warrant that:
9.1. Our Web Portal will be constantly available, or available at all; or
9.2. the information on Our Web Portal is complete, true, accurate or non-misleading.
Nothing on Our Web Portal constitutes, or is meant to constitute, advice of any kind. (If you require advice in relation to any (legal or financial) matter you should consult an appropriate professional) .
10. Breach / Indemnity
from accessing Our Web Portal, contacting Your internet service provider to request that it blocks Your access to Our Web Portal and/or bringing proceedings against You in Court.
11. Limitations of liability
We will not be liable to You (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, Our Web Portal:
11.1. to the extent that Our Web Portal is provided free-of-charge, for any direct loss;
11.2. for any indirect, special or consequential loss; or
11.3. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if We have been expressly advised of the potential loss.
Nothing in Our Web Portal disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in Our Web Portal disclaimer will exclude or limit Our liability in respect of any:
12.1. death or personal injury caused by Our negligence;
12.2. fraud or fraudulent misrepresentation on Our part; or
12.3. matter which it would be illegal or unlawful for Us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
13. Other parties
You accept that, as a limited liability entity, We have an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Our officers or employees in respect of any losses you suffer in connection with Our Web Portal.
Without prejudice to the foregoing paragraph, You agree that the limitations of warranties and liability set out in Our Web Portal disclaimer will protect Our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Us.
14. Unenforceable provisions
If any provision of Our Web Portal disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of Our Web Portal disclaimer.
16. Law and jurisdiction
Your use of Thundering Herd and all of its legal notices will be governed by and construed in accordance with the laws of the State of Victoria, Australia and by using Our Web Portal, you irrevocably and unconditionally submit to the jurisdiction of the courts of the State of Victoria and the Commonwealth of Australia.