This website located at www.foxiinvest.com (‘Site’) is operated by FOXI INVEST Pty Ltd (ABN 79 663 277 110) (‘FOXI INVEST,’ ‘we’ or ‘our’). Your access and use of the Site is subject to these terms and conditions and our Privacy Policy
By accessing, viewing or otherwise using this Site, you agree to be subject to and bound by these terms.
1. Definitions
In these Terms of Use: ‘Terms of Use’ means these terms and conditions governing your access to and use of this Site as updated by us from time to time. ‘Consumer’ has the meaning given in section 3 of the Australian Consumer Law. ‘Content’ means any information and material provided on this Site, made available by us, including information relating to our Services. ‘Loss’ means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing or payment, whether present, unascertained, immediate, future or contingent and whether direct or consequential. ‘Non PDH Goods or Services’ means goods or services which, for the purposes of the Australian Consumer Law, are not of a kind ordinarily acquired for personal, domestic or household use or consumption. ‘Services’ mean any financial or other similar products and services offered, promoted or managed by us. ‘You’ or ‘your’ means anyone who accesses this Site and is subject to these Terms of Use.
2. Access
We agree to you accessing the Site under the Terms of Use. If you are accessing on behalf of a corporate entity or as agent or trustee of a person, you agree that you have the authority to bind that entity or person to the Terms of Use, and you are bound by the Terms of Use as a trustee or agent of that person. This Site is only for the use of persons accessing the Site from within Australia and is only relevant to Australian investors.
3. Purpose of the Site
The Site and its Contents are intended to provide you with general information only and does not constitute personal financial advice. None of the information and data contained in this Site nor any opinion expressed constitutes a recommendation to invest. The information has been prepared without taking into account your personal objectives, financial situation or needs. Before acting on any information on this Site you should consider the appropriateness of the information having regard to your objectives, financial situation and needs. Therefore, before you decide to invest in any product, it is important that you read and consider the relevant information memorandum or product disclosure statement of the product provider to make sure that the product is appropriate for you. Although every effort has been made to verify the accuracy of the information contained in these documents, we, our officers, representatives, employees and agents disclaim all liability (except for any liability that cannot be excluded by law) for any error, inaccuracy in or omission from the information contained in these documents or any loss or damage suffered by any person directly or indirectly through relying on this information. Past performance of financial products is no assurance of future performance. The payment of interest and the return of capital are not guaranteed. Before making any decision, it is important for you to consider these matters and to seek appropriate legal, tax, and other professional advice. The materials are not a substitute for obtaining professional advice from a qualified person, firm or corporation. We are not engaged in rendering any legal or professional services by placing these general information materials on this Site.
4. Variation
At our discretion, we may vary or modify these Terms of Use by posting our updated Terms of Use on this Site. Any subsequent access to or use of this Site by you will constitute an acceptance of those varied Terms of Use. You acknowledge and agree that we may vary the provisions of these Terms of Use or the features or functionality of this Site from time to time without any requirement to provide prior notice of the variation to you.
5. Intellectual Property
We are the copyright owner of all text and graphics contained on this Site, except as otherwise indicated. Other parties` trademarks and service marks that may be referred to herein are the property of their respective owners. You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server, or link to this Site, without our prior written permission. Permission to use and reproduce documents and related graphics available from this Site is granted, provided that: the below copyright notice appears in all copies and that both the copyright and this permission notice appear; use and reproduction of documents and related graphics available from this Site is limited to personal, non-commercial use; no documents or related graphics, including logos, available from this Site are modified in any way; and no graphics, including logos, available from this Site are used separate from accompanying text. Use or reproduction for any other purpose is expressly prohibited by law and may result in civil and criminal penalties. Use or reproduction for any other purpose is expressly prohibited by law and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
6. Compliance with Directions
You must comply with all directions or instructions we notify you of regarding your access to and use of the Site, including notice provided via the Site.
7. Accuracy of Content
Whilst we will endeavour to keep the Site up to date and accurate, we make no representations or warranties about the accuracy or completeness of the information contained on this Site. Any links provided to other server sites are offered as a matter of convenience and in no way are meant to imply that we endorse, sponsor, promote or are affiliated with the owners of or participants in those sites or endorse any information contained on those sites, unless expressly stated. You should conduct your own investigations and satisfy yourself as to whether the information on the Site is accurate or up to date.
8. Links
This Site may contain links to other websites. These links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
9. Errors and Defects
We do not guarantee that the Site will be error free or free from viruses or defects or that access to the Site will function as intended or uninterrupted. You must take your own precautions to ensure that accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference or damage to our computer system that arises in connection with your use of the Site.
10. Security
We will take all reasonable steps to ensure the security of the Site, including by implementing and maintaining reasonable and current data protection procedures and technologies. However, data transmissions over the internet cannot be guaranteed to be totally secure. Whilst we strive to protect the information you transmit to us or which we store, we do not warrant and cannot ensure the security of such information.
11. Liability
Nothing in these Terms, including without limitation clauses 7, 8, 10 and 11 should be interpreted as attempting to exclude, restrict or modify your rights to make a claim in respect of any consumer guarantees or other applicable provisions of the Australian Consumer Law. If you are a Consumer and the goods and services that we provide you in respect of your access to and use of the Site are Non PDH Goods and Services, then our liability to you in relation to any claim relating to your access and use of this Site and the Content is limited, at our option to: supplying the relevant services again; or paying the cost of having the relevant services supplied again.If you do not access this Site and the Content as a Consumer, then to the extent permitted by law, we exclude all liability for any loss incurred by you, however, caused (including by our negligence), suffered by you in connection with your access and use of this Site and the Content. This clause applies even if we knew or ought to have known that the relevant Loss would be suffered. You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using this Site and any information or material available from or through it.To the maximum permitted by law, we and our affiliates exclude all liability to any person arising directly or indirectly from using this site and any information or material available from or through it. Any products or services provided by us may be modified over time.
12.What Do I Do in the Event of a Zombie Outbreak?We would like you to know that FOXI will stand with you through any crisis and we take the responsibility of having you as a client for life seriously. In the unlikely, but possibly possible, event of a zombie outbreak, we would like you to be prepared at home until we can reach you for an emergency extraction, as this would obviously be our priority.
13.Pre-Prep Information
The US Centers for Disease Control and Prevention has some very useful information on zombie preparedness. Visit them at https://www.cdc.gov/cpr/zombie/index.htm.We also recommend borrowing a copy of The Hitchhiker’s Guide to the Galaxy from a friend if you are planning an interstellar trip, particularly around the month of June. From all of us here at FOXI , don’t forget your towel!
14. Applicable Law
This site is created and controlled by us in Victoria, Australia. As such, the laws of Victoria and Australia will govern these disclaimers and terms and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site, disclaimers and terms and conditions at any time.
15 General
You acknowledge that the information collected by us may be disclosed by us in accordance with our Privacy Policy. You may not assign your rights or obligations under these Terms. If any provision of these Terms is invalid or not enforceable in accordance with its terms in any jurisdiction, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. You must ensure that your use of this Site complies with all applicable laws and regulations.
