For more information, contact us at firstname.lastname@example.org
1.1 QuantCrowd is the operator of the website https://quantcrowd.io (‘Website’).
1.2 You are a person who is accessing the Website.
In this Agreement:
“Account” means your account with QuantCrowd in relation to any investment of Financial Products accessible via the Website.
“Account details” means information relating to your Account, including but not limited to your name, address and the nature and amount of your investments.
“Agreement” means this user agreement govering the access to and use of the Website.
“Application Form” means an application form that is available for download from the Website or as an online form to be completed and submitted electronically via the Website, relating to Financial Products listed on the website.
“QuantCrowd”, “Us” or “We” means QuantCrowd or any of its associates or related bodies corporate, within the meaning in the Corporations Act that promote Financial Products.
“Client” means a wholesale or retail client, as defined in the Corporations Act.
“Content” means any information and material provided on the Website which is made available by QuantCrowd, including information related to Financial Products.
“Corporations Act” means the Corporations Act 2001 (Cth) and the regulations made under that legislation, including any modifications.
“Financial Product” means a financial product, as defined under the Corporations Act, which is listed on the Website or otherwise promoted by QuantCrowd via the relevant disclosure document/s.
“Login Details” means the username and password we may provide you with, or as modified by you from time to time, granting you access the registered area of the Website.
“You” or “your” means those person(s) who wish to have access to the Website subject to and on the terms and conditions of this Agreement.
“Website” means the website located at quantcrowd.io, which QuantCrowd owns and has developed.
3.1 QuantCrowd agrees to you to accessing the Website on the terms and conditions set out in the Agreement and for the purposes of:
(a) accessing the Content; and
(b) making an application for Financial Products by completing and submitting an Application Form online;
or such other facilities relating to your Account that QuantCrowd may wish to offer you.
3.2 Access to the Website is only available to residents of Australia and, unless expressly stated otherwise, does not constitute an offer or solicitation for the purchase of Financial Products.
3.3 Where you have accessed the Website as agent or trustee of a person, you are bound by these terms and conditions as a trustee or agent of that person.
4. Applying for Financial Products
4.1 You may be able to apply for Financial Products via the website on the basis of a properly completed and submitted Application Form, or by downloading an electronic copy of an Application Form made available to you on the Website and sending it in to QuantCrowd, once properly completed.
4.2 In doing so, you agree that:
(a) you have been provided with, and have read the relevant disclosure documents in their complete and unaltered form (electronic or paper format) prior to applying for a Financial Product; and
(b) you understand that upon request to QuantCrowd, QuantCrowd will furnish with paper copies of any disclosure document that has been provided to you electronically.
4.3 You agree:
(a) that all information contained in the completed Application Form is true, accurate, current and complete;
(b) that you will use your best efforts to provide any information or documentation relevant to your use of the Website in order to assist QuantCrowd in relation to any variations that QuantCrowd may identify and any queries or demands that QuantCrowd may receive from any regulatory, law enforcement or statutory body; and
(c) if you have given access to the Website for another person to apply for Financial Products, you will ensure that they have read the relevant disclosure document for that Financial Product.
4.4 You warrant that, prior to the lodgement of an Application Form or request for any modification to or transaction on your Account, you have the appropriate authority to proceed with the relevant application, modification or transaction request.
5. Login Details
5.1 QuantCrowd may invite you to apply for access to the Website, subject to the terms and conditions of its use.
5.2 On your acceptance of those terms and conditions, QuantCrowd will issue Login Details to you.
5.3 You are responsible for upholding the secrecy and confidentiality of your Login Details and any other means of identification required for you to access the Website, including any additional Login Details that may be issued to you.
5.4 You agree not to record your Login Details in the same place or in a manner in which their confidentiality could be compromised.
5.5 If you become aware or think that:
(a) your Login Details (or any part of them) have been lost, stolen or misused;
(b) any person has obtained your Login Details;
(c) any person is accessing the Website using your Login Details without your authorisation; or
(d) the security of your Login has otherwise been compromised, you will immediately:
(a) notify us by telephoning us on the telephone number available on the Website; and
(b) We will issue your new Login Details.
5.6 You are responsible for any action carried out, and authorise QuantCrowd to act upon, any instructions given by any person/s having accessed the Website with your Login Details.
5.7 You accept full responsibility and indemnify QuantCrowd for any expenses, loss, damage, costs, demands or liabilities incurred by us directly or indirectly, out of or in relation to the use, including (without limitation) any improper or unauthorised use of your Login Details.
5.8 You must only access the Website for legitimate and lawful purposes and in accordance with any instructions or directions posted to you or on the Website.
5.9 You acknowledge that we may withdraw or restrict your access to the Website at any time and can withdraw or restrict your access if you instruct us to do so.
6.1 You agree that, at all times, you will provide QuantCrowd information about you that is true, accurate, current and complete.
6.2 If you are providing advice to a person outside Australia you must ensure that the person does not rely on any advertising, information or other material available on or via the Website.
7.1 You are not permitted to assign your rights under the Agreement without the prior written consent of QuantCrowd.
8.1 QuantCrowd may, at our discretion, vary or modify the Agreement without notice. Any subsequent access to, or use of the Website by you will constitute an acceptance of those modifications.
8.2 You agree that any directions for the use of or accessing the Website provided to you or posted on the Website at any time form part of the Agreement.
9.1 Any Content available on the Website, which could include (without limitation) any tools, information or articles about the Financial Products is of a general nature only. It does not take into account the investment objectives, particular needs or financial situations of any individual. The Content does not claim to provide financial or investment advice or make any recommendations. The Content should not be relied upon as the basis of any investment decision or as a substitute for the application of your own knowledge, skill and judgment in fulfilling any obligations that you may have to yourself or if applicable to your Clients or potential clients.
9.2 Unless expressly stated otherwise, the fact that the Content is accessible through the Website:
(a) is not a recommendation by QuantCrowd of the merits, or a guarantee of the performance, of any Financial Product; and
(b) is not intended to be a representation that persons will be issued Financial Products or otherwise be able to acquire any Financial Product by applying for such Financial Products directly from QuantCrowd or via the Website.
9.3 You agree that if QuantCrowd is required, by law or otherwise, to provide you with a document or notice, you consent to the provision of that document or notice via electronic means and/or through links provided on the Website. QuantCrowd recommends that you print any such document or safely electronically stored for future reference.
10. No Express warranty
QuantCrowd makes no warranty that the use or operation of the Website, the Content or any aspect of the Website will be without interruption or without errors or that the Website or any of its functions are suitable for any particular purpose or have any performance, functionality or security features except as required by law.
11. Limitation of liability
If any Act, law or statute implies into into the Agreement, any term, condition or warranty and that Act, law or statute avoids or prohibits a contract excluding or modifying the application of or exercise of or liability under such term, condition or warranty, such term, condition or warranty will be deemed to be included in the Agreement. However, the liability of QuantCrowd for any breach of such term, condition or warranty will be limited, at the option of QuantCrowd, to:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of the equivalent goods;
(ii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(b) if the breach relates to services:
(i) the supply of the services; or
(ii) the payment of the cost of having the services supplied again.
12. Intellectual property
12.1 All trademarks on the Website are owned, or used under license by QuantCrowd.
12.2 Nothing incorporated in the QuantCrowd can be or should be construed as granting you any license or right to use any trademark. Your use of the trademarks, or any of the Content, except as provided herein, is not permitted.
12.3 All Content is protected by copyright laws and is owned, or used under license by QuantCrowd.
12.4 You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Website. You may not infer or hold any intellectual property right/s in or any right or license to use the Content on the Website excepting as outlined herein.
12.5 You agree not to copy, publish, re-publish, reproduce, distribute or record any information, software or other material protected by copyright or any other intellectual property right.
(as well as the privacy and publicity rights) excepting as authorised by QuantCrowd.
14. Anti-money laundering and other illegal activities
14.1 To comply with our regulatory and compliance responsibilities under the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth) and/or relevant regulations and rules (‘AML Legislation’), QuantCrowd may:
(a) delay, prevent or otherwise refuse to accept transactions where we have any reasonable grounds to believe that such transactions may breach Australian law or that of any other country; and/or
(b) require more information from you to assist us in complying with our obligations as required by the AML Legislation.
14.4 You agree that you must not commence, engage in or complete a transaction that may be in breach of Australian law or that of another country including (but not limited to) the AML Legislation.
The Agreement is administered and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
1.1 You must be a registered member to access QuantCrowd.
1.2 QuantCrowd is not intended to be a representation that the user will be issued Financial Products or otherwise be able to acquire any Financial Product by applying for such Financial Products directly from QuantCrowd or via the Website.
1.4 When you register and activate your account, we will provide you with a user name, password and pin. You are responsible for keeping the user name, password and pin secure and are responsible for all use and activity carried out under this user name.
1.5 You are responsible for any action carried out under your Account, and authorise QuantCrowd to act upon, any reasonable suspicion that a person/s have accessed QuantCrowd with your Login Details
1.6 You must only use QuantCrowd for legitimate and lawful purposes and in accordance with any instructions or directions posed by QuantCrowd or their authorised agents.
1.7 To create an account, you must be:
1.8 If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 years or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (‘Minor’) to create an account, you agree to:
We may ask you to confirm that you have parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to QuantCrowd on this basis.
2.0 Collection Notice
2.2 We may disclose that information to third parties that help use deliver our services (including information technology supplies, communications suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services/products to you.
(i) how we store and use, and how you may access and correct your personal information;
(ii) how you can a lodge a complaint regarding the handling of your personal information; and
3. Accuracy, completeness and timeliness of information
3.1 The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempt to ensure that the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the Website. You should monitor any changed to the information contained on the Website.
3.2 We are not liable to you or anyone else for interference with, or damage to your computer systems occurs in connection with the use of QuantCrowd or a linked website. You must take you own precautions to ensure that whatever you select for your use of QuantCrowd or our Website is free of viruses or anything else (such as worms of Trojan horses) that may interfere with or damage the operations of your computer systems.
3.3 We may, from time to time and without notice, change or add to the QuantCrowd (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the terms and conditions updated. We are not liable to you or anyone else if errors occur in the information on the Website of if that information is not up-to-date.
4. Promotions and Competitions
4.1 For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
5. Intellectual Property
5.1 Unless otherwise indicated, we own or licence from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in QuantCrowd and in all of the material (including all text, graphics, logos, audio and software) made available on QuantCrowd (‘Content’).
5.2 Your use of this QuantCrowd and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this QuantCrowd or the Content. However, we do grant you a licence to access the Website, download and use QuantCrowd and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third-party licensors.
5.3 In consideration for receiving QuantCrowd, users also agree to assign QuantCrowd all right, title and interest relating to any enhancements suggested by users and hereby assign all property rights therein including without limitation all patent, copyright, trademark, moral rights or any intellectual property rights where so they apply.
5.4 Any reproduction or redistribution of QuantCrowd or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
5.5 All other use, copying or reproduction of QuantCrowd, the Content or any part of it is prohibited, except to the extent permitted by law.
6. No Commercial Use
6.1 QuantCrowd is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or service contained within QuantCrowd. You may not use QuantCrowd, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
7. Unacceptable Behaviour
7.1 You must not display anything that we would deem to be inappropriate, or is unlawful/prohibited by any laws applicable to QuantCrowd, including but not limited to:
7.2 If we allow you to post any information to QuantCrowd, we have the right to take down this information at our sold discretion and without notice.
8. Warranties and Disclaimers
8.1 To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representation about QuantCrowd or the Content, including but not limited to warranties or representation that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that QuantCrowd will be secure.
8.2 We reserve the right to restrict, suspend or terminate without notice your access to QuantCrowd, any Content, or any feature on QuantCrowd at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
9.1 To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense, irrespective of the manner in which it occurs – which may be suffered due to the use of QuantCrowd and/or the information or material contained on it, or as a result of the inaccessibility of QuantCrowd or then Website and/or the fact that certain information or material contained on it are incorrect, incomplete or not up-to-date.
Your use of QuantCrowd and these Terms are governed by the law of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
Our users privacy is our most important priority.
Please consult this page if you have any questions or concerns, and please contact hey@QuantCrowd.io for any further information.
The purpose of this policy is to outline QuantCrowd policy in relation to the collection, storage, use, maintenance, disclosure and other administration of personal information.
3.1 Your Rights to Privacy
QuantCrowd recognises the seriousness of protecting an individuals’ right to privacy. QuantCrowd has prepared this policy statement to help you understand how we handle personal information and how we aim to care for the privacy of your personal information. While administering personal information, QuantCrowd is subject to the Privacy Act and complies with the Australian Privacy Principles in the Privacy Act. This policy details the way QuantCrowd collects, uses, discloses or otherwise manages your personal information and your rights in relation to our administering of your personal information. This policy may be updated as needs so that QuantCrowd can provide current best practice procedures.
3.2 What type of personal information does QuantCrowd gather?
For the purposes of the Privacy Act, personal information is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
Typically, QuantCrowd will collect personal information, like your name and contact details including home address and e-mail address and/or any other information, which is necessary to provide our services to you or to provide you with information about QuantCrowd and/or our products and services.
The specific kinds of personal information we compile will depend on the level of our business dealing with you. For example, you might choose to register on to our site so that you can access more information about possible investment opportunities – in this case QuantCrowd only requires name, email & phone contact details. Should you decide to invest in any of the opportunities, QuantCrowd may collect information such as your name, residential and business address, date of birth, contact details (such as email and phone numbers), income details, asset and liabilities information, tax and financial statements, employment details and details regarding your financial or accounting advisors.
If you attend seminars, meetings or other events conducted by QuantCrowd or register for updates, newsletters or other information services of QuantCrowd, we may collect information such as your name, email and phone numbers and details regarding any product or services you have expressed an interest in.
QuantCrowd will not usually collect or hold sensitive information about you, unless QuantCrowd is required to do so by law. Sensitive information may include information about your race, political or religious beliefs, sexual preferences, criminal convictions, membership of professional or trade associations or unions or health information.
3.3 Gathering of personal information
QuantCrowd collects personal information in a number of circumstances including where you apply for products, request information regarding QuantCrowd or its products or services, attend seminars or other events held by QuantCrowd, register for newsletters, updates or other similar information services of QuantCrowd or otherwise engage with QuantCrowd. Where you are an investor in any opportunity listed by QuantCrowd, QuantCrowd will collect personal information from you to process and establish that investment and also in the course of administering that investment.
QuantCrowd gathers your personal information directly from you, usually by requesting that you complete an application form. There may be times when QuantCrowd will collect your personal information from a third party. For example QuantCrowd may collect your personal information from a publicly maintained record, a third party broker, a person authorised by you (such as your accountant or financial advisor) or our agents or service providers (e.g. registry service providers).
If QuantCrowd collects your personal information from a third party, QuantCrowd will take reasonable steps to inform you of certain matters, such as QuantCrowd’s identity and contact details.
3.4 So why does QuantCrowd need personal information?
QuantCrowd collects, holds, maintains, uses and discloses personal information for the purposes of operating its business and providing its services, including to:
– provide you with information regarding the products or services of QuantCrowd;
– progress your application for investments in the products or services of QuantCrowd;
– establish your investment in a product or service of QuantCrowd; and
– manage your investment in a product or service of QuantCrowd.
Where you invest in a product of QuantCrowd, QuantCrowd will collect, hold, maintain, use and disclose your personal information as required to fulfill its legal obligations under the relevant laws applying to that product.
QuantCrowd may also collect, hold, maintain, use and disclose personal information to conduct identification and verification processes in accordance with the Anti-Money Laundering (‘AML’) and Counter Terrorism Financing (‘CTF’) Act or any other relevant laws.
For some investors, QuantCrowd might be required to collect and disclose personal information to the Australian Taxation Office in order to comply with the Foreign Account Tax Compliance Act (‘FATCA’).
Not providing your personal information will affect QuantCrowd’s ability to provide our range of products and services to you and may result in QuantCrowd not being able to progress your application for investment in our products or otherwise provide services to you.
3.5 Direct marketing
QuantCrowd may collect, hold, maintain, use and disclose your personal information to inform you of products, services or offers of QuantCrowd which may be of interest to you. Where you are an investor in a product of QuantCrowd, this may include providing you with direct marketing information regarding the other products of QuantCrowd.
QuantCrowd may contact and communicate with you for the purpose of direct marketing via the telephone, post, facsimile, email or SMS.
If you do not want to receive this information or do not want QuantCrowd to use or disclose your personal information for direct marketing purposes, you can opt out by contacting our Privacy Officer or otherwise letting us know that you wish to opt out of receiving this information and/or QuantCrowd using or disclosing your personal information for direct marketing purposes.
QuantCrowd will never share your personal information with any other external companies for any purpose other than what is required for you to invest in QuantCrowd products or that required under the relevant law.
3.6 Sharing information with other organisations
QuantCrowd may disclose your personal information to third parties for the purposes outlined in paragraphs 3.4 and 3.5 above.
The types of organisations to which QuantCrowd may disclose the personal information QuantCrowd has about you include:
– your adviser, or dealer group or accountant;
– the other entities within QuantCrowd or other related companies of QuantCrowd (such as subsidiaries or holding companies);
– any third party service provider QuantCrowd may employ to provide custody, administration, technology, auditing, mailing, printing or other services;
– Government authorities when and to the extent required by law; and
– QuantCrowd’s professional advisers (including legal and accounting firms, auditors, consultants and other advisers). Such disclosure will only be done on a confidential basis.
3.7 Preservation of your personal information
QuantCrowd may hold personal information in both hard copy and electronic forms.
QuantCrowd undertakes to take all reasonable steps to protect the personal information it holds is secured against misuse, loss, unauthorised access, modification or disclosure. Personal information is held on secured servers or in storage located in controlled, access restricted environments. QuantCrowd’s employees are required to preserve the privacy of any personal information held by QuantCrowd..
In some cases personal information may also be held on behalf of QuantCrowd in hard copy or electronic forms by QuantCrowd’s service providers (such as offsite document storage providers or electronic data storage providers). Where required, QuantCrowd will enter into agreements with such service providers which impose confidentiality and privacy obligations on the service provider.
3.8 Can you access the personal information QuantCrowd has about you?
QuantCrowd will take all reasonable steps to ensure that the personal information QuantCrowd gathers, holds, maintains, uses and discloses is correct, complete, current and relevant.
You have the right to request access to the personal information QuantCrowd gathers and holds about you. You have the right to ask for correction of the personal information QuantCrowd collects and holds about you.
If you would like access to or correction of the personal information held about you by QuantCrowd you can contact our Privacy Officer per the below contact details:
24/150 Forbes Street
Sydney, NSW 2000
QuantCrowd will endeavour to respond to requests for access to or correction of personal information within 30 days of the date of the request.
Should QuantCrowd refuse any request for access to or correction of personal information held by QuantCrowd, reasons for that refusal will be provided in writing as soon as practicable by QuantCrowd.
3.9 What can you do if you have complaint about your privacy?
Please direct all privacy complaints in writing to our Privacy Officer.
A privacy complaint relates to any concern or disagreement you may have with QuantCrowd’s privacy practices as they relate to your personal information. This may include things such as:
(a) if you think QuantCrowd has contravened the APP’s, a binding registered APP code or any other applicable obligations under the Privacy Act regarding your personal information;
(b) how your personal information is collected;
(c) how your personal information is held;
(d) how your personal information is maintained;
(e) how your personal information is used or disclosed; or
(f) how access to your personal information is given.
Privacy complaints will always:
(a) be treated seriously and handled promptly;
(b) be dealt with confidentially; and
(c) not affect your existing responsibilities to any business agreements that may exist between QuantCrowd and you.
The Privacy Officer will initiate an inquiry into your complaint and will answer the complaint within a reasonable period of time. You will be informed of the result of your complaint following the conclusion of the inquiry. Should you be unhappy with the outcome of your complaint, it is your right to refer the complaint to the Office of the Australian Information Commissioner.
4 Questions or concerns
5 How does QuantCrowd conduct reviews of this policy?
6 Legal and regulatory framework
The Privacy Act outlays 13 Australian Privacy Principles, which are mandatory principles which QuantCrowd is required to satisfy in relation to ‘s collection, storage, use, maintenance, disclosure or other administration of personal information.
The Office of the Australian Information Commissioner is the statutory body responsible for a number of functions in relation to the Privacy Act, including conducting investigations and handling complaints in relation to the Privacy Act and the Australian PrivacyPrinciples.
In this policy, unless the context otherwise requires:
QuantCrowd Entity means any member of the QuantCrowd Group and any of the QuantCrowd Funds.
QuantCrowd means QuantCrowd and any of its controlled or related entities.
Corporations Act means the Corporations Act 2001 (Cth).
Privacy Act means the Privacy Act 1988 (Cth).
Privacy Officer means the QuantCrowd team member responsible for administering privacy compliance within QuantCrowd.
© QuantCrowd 2018 - All Rights Reserved