Version 1.0
FundBase Group Pty Limited (ABN 85 665 646 462) referred to as ‘FundBase Group’, ‘our’, ‘we’ or ‘us’ operate the website www.fundbasegroup.com (including any subdomains) (the ‘Website’). It includes information provided by related companies of FundBase Group, being FB Corp Limited (ABN 16 675 876 490) (AFSL 557810) (‘FB Corp’) and Fundcorr Pty Limited (ABN 29 665 665 952) (‘Fundcorr’).
FB Corp is authorised by the Australian Securities and Investment Commission to operate registered and unregistered managed investment schemes. Fundcorr is a platform that allow a user to select and invest in offers (the ‘Platform’).
These terms of use (‘Terms of Use’) govern your use of the Website and Platform. These Terms of Use constitute a binding agreement between you and FundBase Group.
Please carefully read the Terms of Use 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 of Use, the Privacy Policy, and any other referenced documents, and agree to be bound by them. If you do not agree with the Terms of Use or the Privacy Policy, you should refrain from accessing or using the Website and the Platform, or any services offered by us.
FundBase Group reserves the right to amend the Terms of Use (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 of Use (including any amendments that apply to you).
FundBase Group may assign its obligations under the Terms of Use, provided that the assignee undertakes to fulfil all obligations specified herein.
Electronic communications
By using our Website and/or Platform and participate in any offer for investment, you consent to using electronic means to agree to, or bind yourself to legal obligations. When you indicate your agreement or acceptance of Terms of Use, offers, or other documents through electronic means, you are considered to have agreed to or signed them.
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.
Usernames and passwords
You play a critical role in safeguarding your personal information by keeping your password used on the Website or Platform confidential. Promptly notify FundBase Group 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.
Intellectual property rights
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 FundBase Group, its licensors, suppliers or clients. These Terms of Use do not transfer any intellectual property rights to you.
Subject to these Terms of Use and applicable laws, FundBase Group grants you a personal, non-transferable, non-exclusive, and limited licence to download, access, view, use, and display FundBase Group content made available to you from time to time.
You must not engage in any activities that violate or interfere with the intellectual property rights of FundBase Group, or the rights of any third-party licensors of FundBase Group. This includes, but not limited to, distributing, reproducing, publicising, altering, modifying, creating derivatives works, or commercially exploiting FundBase Group content without prior written permission from FundBase Group or the relevant third-party licensor.
All rights not expressly granted herein are reserved by FundBase Group.
Privacy
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 FundBase Group. 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 of Use and any constituent documents.
By using and continuing the use of the Website and Platform, you authorise FundBase Group 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 FundBase Group. You appoint FundBase Group 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 FundBase Group 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 FundBase Group through the Website, the Platform or collected on behalf of FundBase Group will be handled in accordance with FundBase Group's Privacy Policy.
Third-party activities
The Website and Platform may include links to websites operated by third parties where content is not controlled by FundBase Group.
Links to Linked Sites are provided for convenience only. The presence of a link to a Linked Site does not signify FundBase Group endorsement of that Linked Site or any content created or uploaded by a party other than by FundBase Group. This includes all text, graphics, icons, advertisements, photographs, databases, trademarks, and other information created and/or uploaded by such parties (‘Third-Party Content’). FundBase Group exercises no control over and assumes no responsibility for any Linked Site or Third-Party Content.
You access Linked Sites at your own risk, and FundBase Group 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.
Your use of Third-Party Content (including that found on Linked Sites) may be subject to the Terms of Use set by the third-party. It is your responsibility to review and comply with such terms.
Liability
FundBase Group 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 of Use.
The Website, Platform and content supplied by FundBase Group 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. FundBase Group 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, FundBase Group 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.
FundBase Group, 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.
FundBase Group 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 FundBase Group 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 FundBase Group is aware of such errors or omissions.
You agree to indemnify FundBase Group, 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:
• Your material breach of investment documentation (including breach of representation, obligations or warranty);
• Any misuse or unauthorised use of FundBase Group’s 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 FundBase Group, its associates, officers, employees, and agents under these Terms of Use are ongoing, separate and independent from their obligations. These obligations survive termination of these Terms of Use 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.
Anti-money laundering
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 an 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.
FATCA and CRS
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.
To comply with these regulations, FundBase Group collects necessary information to verify your FATCA and CRS status.
Risk warning
By accessing the Website and Platform, you acknowledge understanding and acceptance of the inherent risks associated with an investment offer.
FundBase Group 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 FundBase Group’s 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 offer document, 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.
Governing Law
These Terms of Use are governed by and construed in accordance with the laws of New South Wales. Any dispute arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts of New South Wales.
