Website Terms
Last updated 14th May 2024
1. About the Website
(a) Welcome to raaise.co (Website).
(b) The Website is operated by Raaise Pty Ltd (ACN 646 058 139) (Raaise, we, us, our). Access to and use of the Website, or any of its associated products or services (Services), is provided by Raaise Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing or reading the Website, you signify that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease using the Website, and any Services, immediately.
(c) We reserve the right to review and change any of the Terms at our sole discretion by updating this page. Whenever we update the Terms, we will use reasonable endeavours to provide you with notice of such updates. Any changes to the Terms take immediate effect from the date of publication. Before you continue, we recommend you keep a copy of the Terms for your records.
(d) These Terms apply to all users of the Website. For users of the Raaise capital raising app (Platform), please see the Terms of Service and Privacy Policy.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms (where this option is made available to you via the user interface).
3. Copyright and Intellectual Property
(a) The Website, the content and all of the related products of Raaise Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Raaise Pty Ltd or its contributors.
(b) Raaise Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will constitute a transfer to you of any:
business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
(c) You may not, without the prior written permission of Raaise Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
4. Privacy
We take your privacy seriously and any information provided through your use of the Website and/or content are subject to our Privacy Policy, which is available on the Website.
5. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (which by law may not be limited or excluded).
(b) Subject to this clause 5, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Raaise Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the Website or the late supply of any information or content on the Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Raaise Pty Ltd make any express or implied representation or warranty about the content or any products or content (including the products or content of Raaise Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the content or any of the products of Raaise Pty Ltd; and
the content or operation in respect to links which are provided for your convenience.
6. Limitation of liability
(a) Raaise's total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
(b) You expressly understand and agree that Raaise Pty Ltd, along with its affiliates, employees, agents, contributors and licensors, shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
(c) You acknowledge and agree that Raaise Pty Ltd holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
7. Termination of Access Rights
(a) Subject to local applicable laws, Raaise Pty Ltd reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Raaise Pty Ltd's name or reputation or violates the rights of those of another party.
(b) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Raaise Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
8. Indemnity
You agree to indemnify Raaise Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
any breach of the Terms.
9. Dispute Resolution
9.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
9.2. Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
9.3. Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
a. Within days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
b. If for any reason whatsoever, days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the or his or her nominee.
c. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
d. The mediation will be held in Australia.
9.4. Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
9.5. Termination of Mediation:
If four weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
10. Venue and Jurisdiction
The Services offered by Raaise Pty Ltd are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
11. Governing Law
These Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of that jurisdiction, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.