Website Terms of Use

Last updated: March 2018

Welcome to https://shareshack.com

These Terms of Use govern your access to and use of our website at https://shareshack.com (Website). Please read these Terms of Use carefully, and contact Shareshack at privacy@shareshack.com if you have any questions.

Your use of our Website indicates that you have read and accepted these Terms of Use and you warrant that you have the legal capacity to accept these Terms of Use.

Our Website is owned and operated by Share Shack Pty Ltd ABN 65 620 547 980 (we or the Operator). We operate our Website in compliance with the guidelines published by the Australian Securities and Investments Commission’s (ASIC) Regulatory Guide 162 on internet discussion sites (RG 162). RG 162 is available on ASIC’s website at http://www.asic.gov.au/ and http://download.asic.gov.au/media/1240901/rg162.pdf (accessible as at [22 January 2018]).

We are committed to protecting your privacy. Our privacy policy is available at https://shareshack.com/privacy/. By agreeing to these Terms of Use, you also agree to the terms in our privacy policy.

Privacy Collection Notice: We are collecting your personal information to enable you to create a profile on our platform and use our services. Failure to provide your personal information may prevent you from being able to create a profile and fully utilise our services. Please be aware that information you include in your profile will be available to other users of our platform. We may use your personal information for the purposes of marketing our services, for example, to send newsletters and promotional offers about new services we may offer. By providing your personal information, you consent to the use of your information in this way. Further information about our privacy practices and procedures is contained in our Privacy Policy. If you would like to seek access to or correct your personal information, or make a privacy complaint, please refer to our Privacy Policy for further details.

  • 1. Disclaimers to people who view postings on our Website (as required by RG 162)
  • 1.1. We do not endorse or vouch for the accuracy or authenticity of any postings on our Website.
  • 1.2. Each user who makes a post on our Website is individually responsible for the accuracy or authenticity of their own posting on our Website.
  • 1.3. No person is permitted to make postings on our Website in their capacity as the holder of an Australian financial services licence (Licensee) or as an authorised representative of a Licensee. By accepting these Terms of Use you confirm that you will not make postings on our Website in your capacity as a Licensee or representative of a Licensee.
  • 1.4. At best, postings and other material made available on our Website are general information and not professional investment or financial advice that has been prepared taking into account any individual circumstances and needs of particular investors. Therefore, before you act on the basis of what is said in a posting on our Website, you should:
    1. consider consulting a Licensee or an authorised representative of a Licensee (ASIC’s website at www.asic.gov.au has a list of Licensees and authorised representatives); and
    2. visit ASIC’s consumer website at https://www.moneysmart.gov.au/ for general guidance about investing.
  • 1.5. Due to the nature of the internet, it may be hard to identify or locate the person making a posting on our Website. The person may also be in an overseas jurisdiction, so it may be hard to take any legal action against them.
  • 1.6. You will have no access to ASIC-approved dispute resolution schemes to recover any losses you may suffer by relying on postings in this website.
  • 1.7. Financial products cannot be offered to you for sale or issue through postings on our Website.
  • 1.8. It is advisable that you alert us or ASIC on 1300 300 630 if you have good reason to suspect that any postings are inaccurate, are based on inside information or are likely to mislead or deceive people who view or use the postings on our Website.
  • 1.9. The information posted on this website is not, and is not intended to be, financial product advice within the meaning of the Corporations Act 2001 (Cth). Any information posted on our Website has been prepared without taking into account your objectives, financial situation or needs. Therefore, before acting on any information posted on our Website, you should consider whether the information is appropriate in relation to your objectives, financial situation and needs.
  • 2.Disclaimers to people who make postings on our Website (as required by RG 162)
  • 2.1. You are personally responsible for your postings on our Website (including any alterations that you make to postings). Therefore, you should not include any misleading or deceptive information in your postings and not carry out illegal or unauthorised activities using our Website. Information in postings on our Website may, where appropriate, be made available to ASIC. ASIC and people acting on such information may take action against you.
  • 2.2. If you include hyper-links to other sites in a post on our Website, you may be seen as endorsing the material on such sites. It may be advisable to you to warn people accessing other sites that you do not endorse or take responsibility for material in the hyper-linked sites.
  • 2.3. If you own or have some other interest in a financial product, or you have any connection with a financial product issuer that you might benefit from, you must disclose that fact. For example, you may be entitled to receive direct or indirect commissions, fees or other benefits from a financial product or service provider; or if you may be associated with a particular financial product issuer such as by being an employee or director of a securities issuer. If so, you must disclose that fact in your posting on our Website.
  • 2.4. If we find or reasonably suspect that you are making illegal or unauthorised postings on our Website, your right to make postings will be withdrawn.
  • 3. Your use of our Website
  • 3.1. We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use our Website for your personal use in accordance with these Terms of Use.
  • 3.2. Subject to clause 3.3, you may only use our Website if you have joined up to our Website and created an account with us. In joining up to our Website and creating an account with us:
    1. you represent to us that you have provided true, accurate, current and complete information about yourself when completing the form generated by our Website to create an account with us, and undertake to promptly notify us if there are any changes to this information, including if you become a securities industry professional;
    2. consent to receiving emails from us containing:
      1. advertisements for services or products from third parties; and
      2. communications from us, such as service announcements and administrative messages (including notifications of new postings or suggestions as to other users you may wish to follow); and
    3. you undertake to maintain the security and confidentiality of your password for your account and to notify us immediately if you are aware of any unauthorised use of your password or account. You, not us, will be solely responsible for any activities (authorised or not) that may occur under your password or account.
  • 3.3. You cannot use our Website if you are a securities industry professional. You must notify us immediately and cease to use our Website immediately if you become such a professional after joining up to our Website.
  • 3.4. You may close your account with us at any time by following the instructions on our Website.
  • 4. Our intellectual property rights
  • 4.1. Our Website contains material which is owned by or licensed to us and is protected by Australian and international laws, including without limitation the trademarks, trade names, software, content, design, images, graphics, layout, appearance and look of our Website.
  • 4.2. We own the copyright which subsists in all creative and literary works displayed on our Website.
  • 4.3. As between you and us, we own all the intellectual property rights in our Website and nothing in these Terms of Use constitutes a transfer of the ownership of any intellectual property rights to you.
  • 4.4. Your use of our Website does not grant you a licence, or act as a right of use, of any of the intellectual property, whether registered or unregistered, displayed on our Website without the express written permission of the owner.
  • 5. User Content
  • 5.1. We allow and encourage you to post content on our Website and comment on content posted by other users (collectively, User Content). You are solely responsible for the User Content that you add to our Website.
  • 5.2. When you add User Content to our Website, you:
    1. warrant that you have all necessary rights to post the User Content. You will take sole responsibility for any infringement of any rights held by third parties in such User Content and for observing any applicable laws in relation to the publication of such User Content;
    2. grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the User Content in any way (including without limitation reproducing, incorporating into other works, changing and communicating the User Content to other users or to the public) and permit us to authorise any other person to do the same; and
    3. consent to any act or omission by us or authorised by us which would otherwise constitute an infringement of your moral rights, and if you add any User Content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
  • 5.3. We reserve the right to amend or delete any and all User Content, or block you from posting about certain companies, entities or securities, if we reasonably suspect or receive bone fide reports alleging that there has been a violation of these Terms of Use, including without limitation if the relevant user reasonably appears to have been engaging in any illegal, unauthorised or unconscionable conduct in using our Website or if we become aware that the relevant user is a securities industry professional.
  • 6. Prohibited conduct
  • 6.1 You must not:
    1. join up to our Website or post anything on our Website if you are a securities industry professional;
    2. post any financial product advice within the meaning of the Corporations Act 2001 (Cth) and limit your postings to general information;
    3. post links to offer documents issued by other people or to reports about financial products or financial services (within the meaning of the Corporations Act 2001 (Cth)) or use the website to link to financial products or services offered by other parties;
    4. use our Website for any activities, or post or transmit any material from our Website:
      1. that is, or that we could reasonably regard as likely to be, misleading or deceptive or amounting to illegal or unauthorised activities (e.g. insider trading or unauthorised offerings of financial products) or unconscionable conduct;
      2. unless you hold all necessary rights, licences and consents to do so;
      3. that infringes the intellectual property or other rights of any person;
      4. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
      5. that defames, harasses, threatens, menaces or offends any person;
      6. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory,
blasphemous, in breach of confidence or in breach of privacy; or
      7. that would bring us, or our Website, into disrepute;
    5. use our Website to transmit, distribute, post or submit any information concerning any other person or entity without their permission (including without limitation photographs, personal contact information or credit card details);
    6. perform any acts which would damage, interfere with or inhibit the use of our Website;
    7. use or attempt to use any engines, software, tools, or other mechanisms (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the commonly recognised search engine and agents and other generally available third party web browsers;
    8. attempt to decipher, decompile, disassemble or reverse engineer any of the code or software comprising in or in any way making up a part of our Website;
    9. engage in any screen scraping or data acquisition and consolidation;
    10. alter or modify, or attempt to alter or modify, any of the code or material on our Website;
    11. cause any of the material on our Website to be framed or embedded in another website;
    12. create derivative works from the contents of our Website; or
    13. advocate, encourage or assist any third party in doing any of the foregoing.
  • 7. Third party links
  • 7.1. Our Website, including User Content, may contain links to websites, advertisers, services, special offers or other events or activities that are owned or controlled by third parties. We do not control, endorse, sponsor or approve any such third-party sites, information, materials, products or services.
  • 7.2. If you access any such third party website, service or content via our Website, you do so at your own risk. We will have no liability to you whatsoever arising from your use of or access to any such third party website, service or content.
  • 8. Accessibility
  • 8.1. Whilst we take all reasonable steps to minimise any delays and interruptions to your use of our Website, we cannot warrant that our Website will be available at all times or at any given time.
  • 8.2. We are not responsible for any delays or interruptions which affect your ability to use our Website.
  • 8.3. We may, at any time and without notice, modify, suspend or discontinue our Website, and we are not responsible for any loss, cost, damage or liability which may result from such discontinuance.
  • 9. Disclaimer – general
  • 9.1. To the maximum extent permitted by law, our Website is provided to you without warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that:
    1. the functions contained in any material in our Website or your access to our Website will be error free;
    2. any defects on our Website will be corrected;
    3. our Website or server which stores and transmits material to you, are free of viruses or any other harmful components; or
    4. our Website will operate on a continuous basis or be available at any time.
  • 9.2. You acknowledge and agree that:
    1. your use of and access to our Website, including accessing any third party content as described in clause 7, is at your own risk;
    2. we are not responsible for and will not accept liability for any User Content which you or any other user or third party posts or transmits using our Website; and
    3. you may be exposed to User Content that is inaccurate, inappropriate, defamatory, offensive or otherwise unsuited to your purpose.
  • 9.3. Our Website is not intended to provide a forum for discussing financial products or other investments that may be offered outside Australia. We do not warrant that any material on such offers, if they appear on our Website, comply with the applicable laws in the relevant jurisdiction in connection with such offers.
  • 9.4. Our Website may be accessible from outside of Australia. Our Website is not intended to be used by people located or ordinarily resident outside Australia. We make no representation that our Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Website from outside Australia, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Website, including laws regulating access and use of the internet and content that may be posted on our Website.
  • 9.5. To the maximum extent permitted by law:
    1. we make no representations or warranties (express or implied) in relation to the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or graphics published on our Website; and
    2. we exclude:
      1. except as contemplated in clause 9.6, all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms of Use; and
      2. except as set out in clause 9.6, all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from your use of our Website.
  • 9.6. Our services may come with consumer guarantees under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) which cannot be excluded by these Terms of Use. Nothing in these Terms of Use affects your statutory rights as a consumer.
  • 9.7. Subject to clause 9.6 and to the maximum extent permitted by law, our total liability for any loss, damage, costs or expense that you suffer or incur from using our Website is limited to the Operator (at our election):
    1. resupplying the services; or
    2. refunding to you the amount you have paid (if any) for the services to which your claim relates.
  • 9.8. If we are not able to exclude all liability except that set out in clause 9.7, subject to clause 9.6 and to the maximum extent permitted by law, our aggregate liability for all claims (howsoever arising) relating to, or in connection with, our Website or these Terms of Use, will not exceed one hundred Australian dollars.
  • 10. Indemnity
  • 10.1. You indemnify us for all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses) incurred or suffered by us and any of our officers, employees or agents, which arise out of or are connected to:
    1. your use or access to our Website, including any claim made by a third party arising out of any User Content you post on our Website;
    2. a breach of these Terms of Use by you; or
    3. any wilful, unlawful or negligent act or omission by you.
  • 10.2. The indemnity under clause 10.1 will survive the termination of these Terms of Use.
  • 11. Breach
  • 11.1. If you breach these Terms of Use, without limiting any other rights we may have, we may, without notice to you, and permanently or temporarily deactivate your account and/or block you from our Website or from posting about certain companies, entities or securities.
  • 12. Our rights in respect of your information and User Content and your account
  • 12.1. You agree that we may access, retain and disclose information about your account (including your identity, email address, user name and password) and any User Content (including records of actual postings and session information about the source and path of postings) that you have posted:
    1. for any period that we deem appropriate in order to comply with legal or regulatory obligations;
    2. where required under an order of a government agency, court or tribunal, or under any procedure for discovery in any proceedings or other compulsory order for production, such as a subpoena;
    3. where required under any law or administrative guideline, directive, request or policy, whether or not having the force of law and, if not having the force of law, the observance of which is in accordance with the practice of businesses similar to our business;
    4. as required or permitted by these Terms of Use;
    5. to our legal advisers and consultants; or
    6. with your prior consent, which must not be unreasonably withheld.
  • 12.2. In addition to our rights to deactivate your account for breach of these Terms of Use, we reserve the right to deactivate your account and/or block you from our Website:
    1. permanently if your account has been inactive for an extended period of time;
    2. permanently or temporarily if the information you gave us when creating an account, or any information you give us in response to direct enquiries that we make of you, that is false or misleading in a material respect, or if we have reasonable grounds to suspect this;
    3. if ordered by a law enforcement or government agency; and
    4. if we modify, suspend or discontinue our Website as set out in clause 8.3.
  • 12.3. For the avoidance of doubt, we may:
    1. permanently or temporarily deactivate a user’s account if we reasonably suspect or receive bone fide reports alleging that the relevant user has been engaging in any illegal, unauthorised or unconscionable conduct, or otherwise violating our Terms of Use, in using our Website, or if we become aware that the relevant user is a securities industry professional; and
    2. promptly remove any User Content that we reasonably suspect to be, or is reported to us as being, misleading or deceptive, amounting to illegal or unauthorised activities (e.g. insider trading or unauthorised offerings of financial products) or otherwise in violation of these Terms of Use.
  • 12.4. You agree that we will not be liable to you in any way whatsoever for any steps we take to remove your User Content, deactivate your account or block you from our Website or from posting about certain companies, entities or securities.
  • 13. Entire Agreement
  • 13.1. These Terms of Use and any document expressly referred to in these Terms of Use form the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
  • 14. Assignment
  • 14.1. These Terms of Use, and any rights and licences granted to you under these Terms of Use, cannot be transferred or assigned by you to a third party. However, these Terms of Use may be assigned by us at any time to a third party. As set out in clause 3.4, you may close your account with us at any time.
  • 15. Amendment
  • 15.1. We may amend or replace these Terms of Use, or any policies or guidelines in respect of our Website, from time to time in which case we will give you reasonable notice either by email or when you log into our Website. Your continued use of our Website constitutes your acceptance of the amendment or replacement and your consent to be bound by the amended or replaced Terms of Use. As set out in clause 3.4, you may close your account with us at any time.
  • 16. Waiver
  • 16.1. If we fail to exercise or delay in exercising any right, power or remedy, we do not waive the right, power or remedy.
  • 16.2. If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to that breach or subsequent or similar breaches.
  • 17. Enforceability
  • 17.1. If any provision of these Terms of Use is found to be illegal, invalid or unenforceable by a court of law in respect of a jurisdiction, then that provision will not apply in that jurisdiction and is deemed not to have been included in the Terms of Use in that jurisdiction. This will not affect the remainder of the remaining provisions.
  • 18. Notices. Any notice to be delivered by us to you under these Terms of Use will be delivered to your registered email address. Any notice delivered by you to us under these Terms of Use will be delivered by you emailing us at privacy@shareshack.com.
  • 19. Governing law
  • 19.1. These Terms of Use are governed by and construed in accordance with the law for the time being in force in New South Wales, Australia and you, by agreeing to these Terms of Use, are deemed to have submitted to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from those courts.