Startup Galaxy Website Terms of Use

This website, startupgalaxy.com.au (Website) is owned and operated by GXE Pty Ltd trading as Startup Galaxy (ACN 643 428 693) of Level 15, 500 Bourke Street Melbourne VIC 3000 (Startup Galaxy, we us, our).

By accessing and/or using the Website and related services (including subscribing to our Talent Matching or our Investment Platform services), you agree to be bound by these Terms, as updated by us from time to time, which include our Privacy Policy.

1. Access and use

We agree to You accessing the Website and accessing or downloading Content from the Website in accordance with these Terms. You may use the Website and Content solely for Your own lawful and personal purposes.  You may not use the Website or Content for commercial purposes unless this is permitted under the separate terms referenced in Section 3 below.  You agree to comply with all rules, laws and regulations relating to Your use of the Website and Content, and all directions or instructions we notify you of from time to time regarding your access to and use of the Website and any Content (including any notice provided via the Website).  You warrant that all information and data that you provide to us through the Website is true, accurate, complete and up to date.

2. Accounts

To use certain features of the Website, You may need to create an account with us (your Account). To obtain an Account, you must enter information and follow the steps at the ‘register a new account’ link on the Website. By requesting an Account, you warrant to us that you are a natural person who is over the age of 18 years or who has parental or guardian approval to use the Website.  

You may not have more than one Account, and your Account is non-transferable. You may update, edit or terminate your Account at any time through the Website. You acknowledge that we may provide access to your Account to any person using your any PIN, password or other secure access measure we issue to you (Access Tool).  You must therefore do everything necessary to protect these from disclosure to any other person.

Any action or request made by any user of your Account or Access Tool (Instruction) will be deemed to have been made by You and the Instruction will be carried out without further enquiry.  You will be responsible for all use of Your Account or Access Tool, Instructions provided and consequential transactions whether authorised by You or not.  We will not be liable for acting on an Instruction.

You must immediately notify us:

1. if You are or become aware that there is or has been an unauthorised use of your Account or Access Tool, or any other security breach relating to Your Account; and
2. of any changes to Your information provided to us as part of the Account registration process. 

3. Additional terms

These Terms only govern Your access to and use of the Website and not any other dealing or transaction You may have with Startup Galaxy.  If You enter into any transaction, or have any other dealings with us (whether via the Website or otherwise), then such transaction or dealings will be governed by the terms of a separate agreement between You and us.  

If you choose to ‘post a job’ on the Website, then You must also comply with the Talent Matching Terms and Conditions. 

If You wish to create an ‘investment space’ on the Website, then You must also comply with the Investment Platform Terms and Conditions.  

4. Content disclaimer

Certain Content on the Website, including statements, representations and information, is provided by third parties and we cannot guarantee that it will be up to date or accurate.  Content does not take into account Your personal circumstances and should not be relied upon as the basis of any decision You make. You should undertake Your own enquiries and seek independent advice before making any decisions in relation to the subject matter of the Content.    

To the maximum extent permitted by law, Startup Galaxy and its service providers, agents and contractors do not makes any representations, warranties or endorsements (express or implied) as to the accuracy, completeness, legality, suitability or reliability of the information contained on the Website and in the Content.

5. Intellectual property

All trade marks on this Website are owned, or used under licence, by us.  Nothing contained on the Website should be construed as us granting You any licence or right to use or reproduce any of these trade marks. 

The Content is protected by copyright laws and is owned, or used under licence, by us.  

You agree not to do any of the following (unless expressly permitted under these Terms or other terms in place with us): 

1. copy, post, publish, transmit, sell or redistribute the Content or any portion of it;
2. modify or create derivative works from the Content; or
3. access, monitor or copy any Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission. 

6. Unacceptable activity 

You must not do any act that we would deem to be inappropriate or that is prohibited by any laws applicable to the Website, including:

1. posting, uploading, emailing, transmitting, distributing, storing, creating or otherwise publishing through the Website any Unacceptable Content;
2. breaching the privacy (including uploading private or personal information without an individual's consent) or other of the rights of individuals; and
3. posting or transmitting to the Website any content which is incorrect, false or misleading.

If we allow You to post any information to the Website, we have the right to take down this information at our sole discretion and without notice.

7. Termination

We may at any time and without notice to You:

1. temporarily suspend or disable the Website or Your access to the Website (or any part of the Website, including access to any Content); or
2. permanently cease operating the Website,

except as may be otherwise provided under the separate terms referenced in Section 3 above. 

You agree that You cannot make any claim against us for any loss suffered by You as a result of any action taken by us pursuant to this clause 7. 

8. Variation

We may vary or modify these Terms by posting the updated Terms on the Website.  Any subsequent access to, or use of, the Website by You will constitute an acceptance of those varied Terms.  We vary or modify the features or functionality of the Website or modify any Content from time to time without any requirement to provide prior notice of the variation or modification to You.  It is Your responsibility to regularly check these Terms for any amendments.

9. Links

This Website may contain links to third party websites.  These links are provided for convenience only and may not remain current or be maintained.  These links do not indicate any endorsement or approval by us of the third party websites or the products, services and information provided on such websites.  We are not responsible for the content or privacy practices associated with linked websites.  You acknowledge and agree that all access to and use of any such third party websites and use of the website's products, services and information is solely at Your own risk.

10. Cookies

1. We generally use cookies to make a record of your visits and track usage patterns. The information we may record includes: 
   1. your server address; 
   2. your top level domain name; 
   3. the date and time of access to the Website; 
   4. pages accessed and documents downloaded (if any);
   5. the previous website(s) visited; and
   6. the type of browser software in use.
2. We use this information for various purposes, including:
   1. to manage and improve the Website;
   2. statistical purposes; and
   3. to determine whether you have previously used parts of the Website or to identify the pages you have accessed. 

      Personal information collected as a result of our use of cookies will be collected, held and used in accordance with our privacy policy, which is available on our website.

3. You can choose if and how a cookie will be accepted by configuring your preferences and options in your browser.  If You disable cookies on Your browser or device, You may not be able to fully experience all features of the Website. 

11. Errors and defects

We do not guarantee that access to the Website will be uninterrupted or error free.  The operation and functioning of the Website is reliant on our own, and our technology and telecommunications partners’, operational processes in respect of computers, computer networks and telecommunications.  Disruptions to these processes may result in the Website being unavailable from time to time and You acknowledge that You may not be able to access the Website or Your Account or related services during such periods.

You must take Your own precautions to ensure that accessing the Website does not expose You to the risk of viruses, malicious computer code or other forms of interference or damage to data, hardware or software which arises in connection with Your use of the Website.

12. Liability 

Nothing in these Terms 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’ for the purposes of the Australian Consumer Law and the goods and services which we provide You in respect of Your access to and use of the Website are Non PDH Goods and Services, then our liability to You in relation to any claim relating to Your access to and use of the Website and the Content is limited, at our option to:

1. the supplying of the relevant services again; or
2. the payment of the cost of having the relevant services supplied again.

If You do not access this Website 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), in connection with Your access to and use of the Website and the Content.  This clause applies even if we knew or ought to have known that the relevant loss would be suffered.

13. Force Majeure

We will not be liable for a failure in the performance of obligations under these Terms by reason of strikes, riots, fire, explosions, acts of God, epidemics or pandemics, war, governmental action or direction, telecommunications or internet outages or any other cause which is beyond our reasonable control.

14. Overseas access

The Website may be accessed throughout Australia and overseas.  We make no representations that the Content or the Website complies with the laws of any country outside Australia.  If You access the Website from outside Australia, You do so at Your own risk and are responsible for complying with the laws in the place where You access the Website.

15. Severability

If all or part of any one or more provisions of these Terms are judged void, invalid or unenforceable in all the circumstances, that portion will be severed to the minimum extent required and will not affect the validity or enforceability of the remaining provisions.

16. General

1. You may not assign Your rights or obligations under these Terms. 
2. All terms implied by law, except those that cannot be lawfully excluded, are excluded. 
3. No provision of these Terms will be construed to the disadvantage of us merely because we were responsible for the preparation of the Terms or the inclusion of the provision in the Terms.
4. These Terms are governed by, construed and enforced in accordance with the laws of Victoria.  You submit to the non-exclusive jurisdiction of the courts of Victoria.  

17. Definitions

In these Terms, unless the context requires otherwise:

Content means any information, material and content on the Website, including information, guidelines, handbooks, data, text, designs, images, graphics, materials and audio visual material. 

Consumer has the meaning given in section 3 of the Australian Consumer Law. 

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. 

Terms means these terms of use (as varied or updated by us from time to time).

Unacceptable Content means:

1. content which is obscene, offensive, upsetting, defamatory, illegal or inappropriate, infringes or appears to infringe the intellectual property rights of any person or contravenes or appears to contravene any applicable laws, regulations or codes of conduct;
2. content which is incorrect, false, misleading or defamatory; or
3. files with any viruses, malicious code or other conditions which could damage or interfere with data, hardware or software.

You or Your means any person who accesses the Website.