1. Introduction
1.1 Welcome to Raaise! We make capital raising easier for startups so they can get on with what matters—scaling their impact.
These terms of service, together with our Privacy Policy and any other policies and attachments referenced herein, together comprise the agreement between Raaise Pty Ltd (ACN 646 058 139) (Raaise, we, us, our) and you (the Agreement).
This is a legally binding contract between you and Raaise, so please read it carefully. If you do not agree with the terms of the Agreement, do not register for the use of (or otherwise use or access) any services provided by us or accessible through the Raaise website and/or platform (Raaise Services).
1.2 You means an individual or organisation that has created an account on Raaise in order to use the Raaise Services, irrespective of whether you actually go on to use the Raaise Services (User). If you are using the Raaise Services on behalf of a company or an organisation, you are agreeing to these Terms on behalf of that company or organisation and promising to us that you have the authority to bind that company or organisation to this Agreement (in which event, you and your will refer to that company or organisation).
Note: If you are an investor who has signed up to use the Raaise Services as an Investor, the terms of the Agreement apply to you as they would to any other user, except in circumstances where this would not be practical or appropriate (for example, to the extent that the terms of the Agreement refer to rules relating to fees which are payable only by Startup/Founder Users).
1.3 We reserve the right to review and change the Agreement at our sole discretion. Any changes to the Agreement take immediate effect from the date that the revised Agreement is published on app.raaise.co or raaise.co. Whenever we update the Agreement, we will use reasonable endeavours to provide you with notice of such updates. By using or continuing to use the Raaise Services, you are expressly agreeing to the most recent form of the Agreement.
2. The Raaise Services
2.1 We will use all reasonable commercial efforts to provide you with access to, and use of, the Raaise Services.
2.2 To use the Raaise Services, you will be required to create an account by completing a registration form and designating a user ID and password. When registering with Raaise you must:
(a) provide true, current and complete information about yourself; and
(b) maintain such information so it continues to be true, current and complete.
2.3 You are responsible for your use of, or reliance on, any advice or recommendations provided by us in connection with the Raaise Services, including but not limited to:
(a) the tools that may be offered to you as part of the Raaise Services;
(b) the security and access settings that may be configured for the Raaise Services; and
(c) the information you (or a person associated with you) upload to the platform (Your Content).
2.4 If you allow a third party (such as an employee or an advisor) to use Raaise Services on your behalf (Authorised Third Party), you promise to us (and we will rely on this promise) that any such Authorised Third Party is acting as your agent and has the authority and power to bind you as a User. For the purposes of this Agreement the User and its Authorised Third Party are considered interchangeable with respect to the obligations in this Agreement. You also agree that you are responsible for any use or misuse of the Raaise Services by your Authorised Third Party.
2.5 If you are procuring the Raaise Services on behalf of another party (such as your client) and therefore acting as the Authorised Third Party, you acknowledge that you are bound by the terms of this Agreement and you also warrant and represent to us that you have all required authority to use the Raaise Services. Both you, as the Authorised Third Party, and the party on behalf of which you are acting are liable to us in connection with costs incurred pursuant to the procurement of and use of the Raaise Services.
3. Privacy
3.1 In order to operate and provide the Raaise Services, we collect certain information about you, which is used and protected in line with our Privacy Policy. You acknowledge your use of the Raaise Services is subject to our Privacy Policy and understand that it identifies how we collect, store, and use certain information.
3.2 By registering with Raaise or signing up for the Raaise Services, you understand and consent to our sending you (including via email, SMS text messaging or in-app messaging) information regarding the Raaise Services, such as:
(a) notices about your use of the Raaise Services, including notices of violations of use;
(b) updates to the Services and new features or products;
(c) administrative messages and other information; and
(d) advertising, marketing, and other materials regarding our products and services.
3.3 Please review your account settings to specify which messages you wish to receive from us (to the extent such preferences are technically available to you) or send an email to gday@raaise.co. We will accommodate your preferences to the extent possible.
3.4 Notices emailed to you will be considered given and received when the email is sent.
3.5 If you do not consent to receiving any electronic emails or notices from Raaise, you must stop using the Raaise Services.
4. Your Content and Confidentiality
4.1 All of the information, electronic documents and other materials that you upload and store on your Raaise startup profile and in your account is yours (Your Content). We don't control, verify, or endorse Your Content (or the content of others who use the Raaise Services).
4.2 You are responsible for:
(a) Your Content and any other information or materials that you share through the Raaise Services; and
(b) making sure that you have all the rights and permissions you need in relation to Your Content.
4.3 By storing, using or transmitting Your Content, you confirm that you will not violate any law or the terms of this Agreement.
4.4 You agree that when you share Your Content, you may be allowing other people to access and use Your Content in any way without further restriction or compensation to you.
4.5 You agree to provide Raaise (as well as agents or service providers acting on our behalf to provide the Raaise Services) the right to transmit, process, use and disclose Your Content and other information which we may obtain as part of your use of the Raaise Services but only:
(a) as necessary for us to provide the Raaise Services;
(b) as otherwise permitted by these Terms;
(c) as otherwise required by law, regulation or order; or
(d) to respond to an emergency.
4.6 As part of our commitment to you, we will:
(a) not disclose any of Your Content that constitutes proprietary, confidential or personal information to any third party, except as necessary to provide the Raaise Services (including but not limited to allowing an Authorised Third Party to access Your Content for the purpose of reviewing and assessing Your Content), or where required by any law, or where you give us permission to do so;
(b) have appropriate security measures in place that are designed to protect your proprietary, confidential and personal information against unauthorised access, disclosure or use; and
(c) comply with privacy laws that apply to us (including but not limited to, where applicable, as a data processor) when collecting, holding, using or disclosing any personal information, including but not limited to personal information concerning Users.
4.7 You agree that your confidential information does not include any information that has rightfully been shared with us free of an obligation of confidence, or that is already in the public domain.
4.8 As part of your commitment to us, you will:
(a) ensure that you have obtained all rights and consents necessary for us to handle and process Your Content;
(b) comply with any privacy legislation or any other laws or regulations worldwide that relate to the handling and the processing of Your Content, including when you disclose any personal information to us in order to receive the Raaise Services;
(c) and do confirm that the purposes for which personal information disclosed to us may be processed are as described in the Agreement and our Privacy Policy (if this is not the case, you must notify us before providing us with the relevant personal information and we must agree to any necessary amendments to our processing of that personal information before you may provide it to us);
(d) not disclose any of our proprietary, confidential or any personal information to any third party, except where required by law or where we give you written permission to do so (our proprietary information includes without limitation the software applications used to provide the Raaise Services, as well as the other Works referred to in clause 6); and
(e) provide ongoing and irrevocable consent to use your name and to describe the circumstances of your use of the Product where we need to do so to stay compliant with applicable laws and regulations that we are subject to.
4.9 Naturally, our confidential information does not include any information that has rightfully been shared with you free of an obligation of confidence, or publicly disclosed by someone other than you.
5. Subscription Terms, Fees and Payments
5.1 If you have been granted limited access to the platform at no cost (Free Plan), you agree to be bound by the terms of this Agreement (except for terms relevant to fee payment) as though you are a fee-paying User. You agree you will act in good faith in connection with being granted access under the Free Plan and you will not act in any way which is designed to manipulate or circumvent our fee structures, billing processes, or any fees owed to us. We may, at our sole discretion, terminate your access under the Free Plan at any time, usually by giving you at least 7 days' notice. We may also terminate your access under the Free Plan without notice if required by law, or if any regulatory authority requires us to do so. If this happens we will use our best endeavours to give you reasonable notice. Immediately upon termination of the Free Plan, your access to the Raaise Services will be revoked and you agree that we will have no further liability towards you. If you wish to upgrade to a paid Subscription Plan, you may do so on the terms of this Agreement.
5.3 When you sign up to a Subscription Plan, you will be granted full access to the Raaise Services. We will charge you the subscription amount on a monthly, 6 month or annual basis.
5.4 The recurring subscription charges will continue until and unless you have terminated this Agreement in accordance with clause 9 below.
5.5 If you wish to upgrade from a monthly Subscription Plan to a 6-month Subscription Plan or an annual Subscription Plan, you may be eligible for a refund on the unused portion of your monthly subscription.
5.6 Payment of the applicable subscription fees is required at the time of subscription and must be made on our website, using a debit or credit card, via the payment method provided (typically Stripe). If you fail to pay any fees by the due date, we may, in our discretion, suspend your account and/or your access to the Raaise Services until such overdue fees are paid.
5.7 In addition to subscription fees, additional fees are applicable, which are determined by the total investment amount raised in a funding round (Additional Fees). These fees are based on the fee estimation set out at the time of entering your target investment amount, and are subject to clauses 5.8, 5.9, 5.10, 5.11 and 5.13 of these Terms. Full details of the Additional Fees can be found on our pricing page. We reserve the right to modify these additional fees, from time to time, with prior notice, which may be sent by email.
5.8 If your use of the Services results in a liability to pay Additional Fees, you agree to pay the Additional Fees in the manner provided herein. Note that, if the total investment amount received by you changes, the fees may change as a result. (This may happen where you set a target investment amount, but as you proceed through the round, you gain more interest from investors, causing the round size to increase; as a result the Additional Fees will also increase.) We will invoice you for the Additional Fees, whether all at once or in tranches, as soon as practicable.
5.9 You agree to advise Raaise of any confirmed intent to invest within fourteen (14) days of such confirmation, or upon Raaise's request for this information. This should be done by updating your CRM on the Platform, but can also be done via email to gday@raaise.co.
5.10 Your obligation to pay any Additional Fees, in their entirety, survives the expiration, cancellation, or termination of your subscription for a period of six (6) months.
5.11 Payment obligations are non-cancellable and, except as expressly stated in the Agreement or required by law, fees paid are non-refundable and non-creditable. You agree that in the event Raaise is unable to collect the fees owed to Raaise for your Subscription Plan or under the Agreement, Raaise may take any other steps it deems necessary to collect such fees from you and you will be responsible for all costs and expenses incurred by Raaise in connection with such collection activity, including collection fees, court costs and lawyers’ fees.
5.12 You must provide current, complete and accurate Billing Information. In the event of any changes to your Billing Information, such as a change in billing address, credit card number or credit card expiration date, or if you wish to change your payment method (for example, in the event of loss or theft of a debit or credit card), or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your Raaise account name or password, you must inform us immediately. If you fail to provide any of the foregoing information in a timely manner, you agree that we may continue charging you for any use of the Raaise Services under your Billing Information unless you have terminated this Agreement in accordance with clause 9 below.
5.13 Unless otherwise indicated, fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature. You will be responsible for paying all Taxes associated with your purchases of the Raaise Services, except for those taxes based on our net income. Should any payment for the Raaise Services be subject to withholding tax by any government, you will reimburse us for such withholding tax.
5.14 If we have to produce information, answer questions, attend court or otherwise comply with an order, subpoena or other legal or regulatory process that relates to the Raaise Services, you will also reimburse us for our time and expenses (at our standard commercial rates).
6. Suspension of Service
6.1 We reserve the right to immediately suspend or terminate your access to the Raaise Services at any time in our sole discretion or disable any of Your Content if:
a) you are in breach of this Agreement; or
b) your use of the Raaise Services could cause a risk of harm or loss to Raaise or our other users; or
c) Raaise declines to renew your Subscription Plan.
6.2 When reasonable and as permitted by law, we will provide you reasonable advance notice of this change as well as an opportunity to correct any actions that led to our decision. In certain circumstances we will not be able to provide this advance notice, such as (for example) if you are in material breach of this Agreement, or if such notice would lead to civil or criminal liability for Raaise, or if providing notice would compromise our ability to provide the Raaise Services to our other users.
6.3 You understand that if your account is suspended or terminated, you may no longer have access to Your Content.
6.4 Upon termination you may request access to Your Content, which we will make available, except in cases where we have terminated your account due to your violation of this Agreement or the Acceptable Use Policy terms in clause 7. You must make such request within fourteen (14) days following termination otherwise, any of Your Content that is stored by us may not be retrievable and we will have no obligation to maintain Content stored in your account after this fourteen (14) day period.
7. Acceptable Use Policy
7.1 You agree you will not, nor will you encourage others or assist others to, harm the Raaise Services or use the Raaise Services to harm others. For example, you must not use the Raaise Services to harm, threaten, or harass another person, organisation or Raaise, or to build a similar service or website.
7.2 You further agree that you are not permitted to:
(a) damage, disable, overburden, or impair the Raaise Services (or any network connected to the Services);
(b) resell or redistribute the Raaise Services or any part of it;
(c) use any unauthorised means to modify, reroute, or gain access to the Services or attempt to carry out these activities;
(d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Raaise) to access or use the Raaise Services;
(e) use the Raaise Services beyond the features allocation and amounts provided in that service or in violation of our fair use policy;
(f) use the Raaise Services to, or cause Raaise to, violate any law or distribute any malware or malicious content;
(g) use the Raaise Services to communicate any message or material that is defamatory, harassing, libelous, threatening, or obscene;
(h) use the Raaise Services in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity;
(i) distribute, post, share information or content illegally or without permission;
(j) use the Raaise Services to disseminate or promote greenwashing; or
(k) use the Raaise Services to disseminate material that may infringe upon legally protected social rights and freedoms of a person, as defined by domestic and public international laws or other legal norms.
7.3 As part of our efforts to protect the Service, protect our customers, or to stop you from breaching these Terms we retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Services.
7.4 We also reserve the right to deactivate, change or require you to change your Raaise user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Raaise Services. You also agree that if you learn of any unauthorised or unacceptable use of any account, content or the Raaise Services, you will promptly contact Raaise and take all reasonable steps to cooperate with Raaise and assist in the termination of such use.
8. Intellectual property rights
8.1 For the purposes of this Agreement:
(a) Intellectual Property Rights means any and all intellectual and industrial property rights throughout the world, whether conferred by statute, common law or in equity and including but not limited to:
(i) rights in respect of or in connection with any confidential information, including any right to enforce an obligation to keep information confidential;
(ii) trade secrets;
(iii) know-how, including know-how or insights derived over time from provision of Raaise Services but not including any personal information of customers;
(iv) copyright, including but not limited to future copyright and rights in the nature of or analogous to copyright;
(v) Moral Rights;
(vi) inventions, including but not limited to patents, innovation patents and utility models;
(vii) trade marks and service marks;
(viii) designs, circuit layouts and mask works;
(ix) domain names and social media accounts;
(x) technical data;
(xi) rights in databases;
(xii) trade names or business names;
(xiii) any rights in any Resulting Data; and
(xiv) any other rights resulting from intellectual activity or from artificial intelligence insights or machine learning, in relevant business sectors which subsist or which may come to subsist, whether or not now existing and whether or not registered or registrable and including but not limited to:
(1) any rights to apply for the registration of such rights and all renewals, extensions and reissues of such rights, anywhere in the world, and
(2) any rights of action against any third party in respect of any such rights including any right to claim or retain damages or other remedies; and
(b) Moral Rights means moral rights as described in Article 6bis of the Berne Convention for the Protection of Literary and Artistic Works and any analogous rights arising under statute that exist, or may come to exist, anywhere in the world;
(c) Resulting Data means any data, Works or information arising from use by any person of Raaise Services, in anonymised or aggregated form and not including any of your personal information; and
(d) Works means all works, software, code, algorithms, documents, concepts, designs, systems and processes created, developed, programmed, invented or derived by Raaise (including its related entities or the employees, contractors, consultants and whether alone or in concert with others) or its licensors or in which any of those persons has any right, title or interest comprised in the Raaise Services.
8.2 Reservation of rights. All right, title and interest in and to the Raaise Services, Resulting Data and Works (and any modifications, customisations, configurations and derivative works of the Raaise Services, Resulting Data or Works) worldwide are the exclusive property of Raaise and its related entities and its licensors. All such rights in and to the Raaise Services and Works are not expressly granted to you under clause 8.3 of this Agreement and are reserved by Raaise and its licensors.
8.3 Limited Licence. We grant you a limited, non-exclusive, revocable licence to access and use the Raaise Services to the extent permitted by the Agreement. This licence will remain in effect until the Agreement expires or is terminated by you or by us, except where we suspend your account and/or your access to the Raaise Services as described in the Agreement. It does not grant you any ownership rights nor any other right or licence of any kind except as expressly set out above including, without limitation, any right to obtain possession of any source code, data or other technical materials in relation to the Raaise Services or Works, in respect of any of the Raaise Services, the Works or the Intellectual Property Rights or proprietary information belonging to us or our licensors, including without limitation where they form part of the Raaise Services.
8.4 Limitations. By using the Raaise Services, you agree that you will not:
(a) permit any third party to access or use the Raaise Services, Resulting Data or Works (except for an Authorised Third Party);
(b) modify, adapt, alter, copy, make derivative works, translate, reverse engineer, decompile, disassemble or otherwise derive or determine the source code (or the underlying ideas, algorithms, structure or organisation) of Raaise Services or Works or attempt to do any of these things;
(c) disclose or transmit any content or data contained in the Raaise Services, Resulting Data or Works (not including Your Content) to any third party;
(d) circumvent or endanger the operation or security of the Raaise Services or Works or attempt to do any of these things and you will use your reasonable endeavours to ensure that any Guest Users also comply with these limitations;
(e) infringe any laws that relates to the Raaise Services, any third party rights, or otherwise infringe any of our policies;
(f) use our technology if you are not able to form legally binding contracts, are under the age of 18, or are suspended from using any of our technologies or services;
(g) interfere with other users' accounts, or content;
(h) seek to access, actually access or provide a third-party access to any of our technologies or services for any reason other than genuinely using our services as a customer or as an invited user by a customer (or their representative);
(i) circumvent or manipulate storage space limits or our fee structure, the billing process, or fees owed to us;
(j) post false, inaccurate, misleading, defamatory or offensive content (including personal information);
(k) transfer your account and login information to another party without our express written consent;
(l) distribute or post spam, unsolicited, or bulk electronic communications of any nature;
(m) distribute viruses or any other technologies or code that may harm us, or the interests or property of our users;
(n) copy, modify or distribute rights or content from our technologies or services or our copyrights and trademarks, or
(o) harvest or otherwise collect information about our users, including email addresses, without their express written consent.
8.5 We warrant, represent and undertake (to the best of our knowledge) that the Raaise Services, as provided by us and used in accordance with this Agreement and our instructions and policies, do not infringe the Intellectual Property Rights of any third party. For clarification, this warranty does not apply to any of Your Content, including without limitation where it is uploaded to or hosted on the Raaise Services.
8.6 You hereby grant us, our related bodies corporate and our suppliers a non-exclusive, worldwide, irrevocable (for the term of the Agreement) licence to handle and process Your Content for the purposes of providing you with the Raaise Services and for all other purposes described in the Agreement and our Privacy Policy, including to create Resulting Data.
8.7 You agree that Raaise is permitted to run data analytics on Raaise Services and Your Content for the sole purpose of supporting the provision and development of Raaise Services, Works and machine learning, and for the purposes of creating Resulting Data.
8.8 Raaise respects the intellectual property of others and will respond to notices of alleged copyright infringement that comply with the law. We reserve the right to delete or disable Your Content if it is alleged to violate copyright laws or this Agreement, and we reserve the right to terminate the account(s) of any person that is alleged to have violated copyright law, regardless of whether steps have been taken to enforce the copyright law.
9. Should either party wish to terminate the Agreement
9.1 The Raaise Services are provided on a Subscription Plan basis for a set term (the Term). All Subscription Plans will automatically renew on the same terms as your initial Subscription Plan (and you will be charged at the then current rates) unless either party gives written notice of non-renewal to the other party thirty (30) days prior to the end of a Term to stop the Subscription Plan from automatically renewing.
9.2 This Agreement is in effect for as long as you have a valid Subscription Plan, unless sooner terminated in accordance with the terms of this Agreement. Either party may, with written notice, terminate this Agreement before the expiration of the Term upon occurrence of the following events:
(a) the other party materially breaches any of the terms of this Agreement and does not cure the breach within thirty (30) days after receiving written notice of the breach; or
(b) if the other party ceases to operate, or becomes insolvent (Termination for Cause Event).
Should we terminate this Agreement for any Termination for Cause Event, you will pay any unpaid fees covering the remainder of the Term after the effective date of termination.
9.3 You may also terminate this Agreement at any time with written notice to Raaise (Termination for Convenience), but you will:
(a) not be entitled to any credits or refunds for amounts accrued or paid for any Subscription Plan prior to such termination; and
(b) remain responsible for paying any fees payable to us under the Agreement for the remainder of the Term.
Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise. Once the Agreement terminates, you will no longer have any right to use, copy or access (or to permit any other person to use, copy or access) any of the Raaise Services or Works (in whole or in part), or any other information or materials that we make available to you under this Agreement, including our confidential information.
9.4 Following the expiry or termination of the Agreement, we will retain a copy of Your Content in accordance with our archival policy which may be provided to you on request.
10. Things we will not be responsible for
10.1 To the maximum extent permitted by law, all express or implied guarantees, warranties, representations or other terms and conditions relating to the Agreement or its subject matter that are not contained in the Agreement are excluded from the Agreement.
10.2 If any guarantee, warranty, term or condition is implied or imposed in relation to the Agreement under any applicable legislation and cannot be excluded (Non-Excludable Provision), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited (at our option) to:
(a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
10.3 Subject to our obligations under the Non-Excludable Provisions and to the maximum extent permitted by law:
(a) our maximum aggregate liability for all claims under or in connection with the Agreement or its subject matter, is limited to an amount equal to the amounts paid and payable by you under the Agreement;
(b) we are not liable for, and no measure of damages will, under any circumstances, include special, indirect, consequential, incidental or punitive losses or damages, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage; and
(c) our liability to you under or in connection with the Agreement or its subject matter is reduced to the extent that your acts or omissions, or those of a third party, contribute to or cause such liability.
10.4 These limitations and exclusions apply regardless of the basis on which our liability arises, whether in contract, tort (including but not limited to negligence), in equity, under statute or on any other basis.
10.5 You indemnify us against any claim, action, proceeding or demand (Claim) by a third party arising from or in connection with:
(a) any breach of your obligations under the Agreement;
(b) our provision of access to Your Content as determined or instructed by you;
(c) Your Content, including but not limited to any Claim alleging that Your Content or our handling or processing of Your Content infringes the Intellectual Property Rights of a third party;
(d) any and all damages, losses, costs and expenses incurred by us in connection with any action or proceeding brought by a third party that is based on a material violation of you of any law, regulation, third party right or third party agreement governing the use of Your Content; or
(e) any of our acts or omissions in reliance on false, misleading or incomplete information that you have provided to us, including without limitation all liability, damages, losses, costs, charges, outgoings, payments and expenses suffered or incurred in connection with any such Claim.
10.8 We are not liable for any improper access, copying or corruption of information before it enters or once it leaves our systems.
10.9 We are not responsible for delays, disruptions or other faults in the Raaise Services caused by factors beyond our reasonable control, including but not limited to problems with the public internet or your computer systems, the acts and omissions of third parties, acts of God such as fires, storms, floods, earthquakes, or changes to laws or government actions. We are not responsible for any damage to any of your equipment or software resulting from your use of the Raaise Services.
10.10 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE RAAISE SERVICES AND ANY WORKS IS AT YOUR SOLE RISK. THE RAAISE SERVICES AND ANY WORKS ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU FURTHER EXPRESSLY AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE RAAISE SERVICES OR WORKS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT AND THAT NO ACCOUNTING, FINANCIAL, GENERAL BUSINESS OR LEGAL ADVICE OR COUNSEL IS GIVEN OR SHALL BE DEEMED TO HAVE BEEN GIVEN BY THE RAAISE SERVICES OR WORKS.
10.11 Some of the Raaise Services may provide recommendations, comments, explainers, tips and prompts that are designed to improve your experience of the Raaise platform. These will not take account of your particular objectives or circumstances and are not a substitute for legal, accounting or other professional advice. You should determine independently or with the aid of appropriate professional advice whether and how to proceed with any recommendations, comments, explainers, tips or prompts provided to you.
10.12 Where a database or a search function is enabled in the Raaise Services, we cannot guarantee that the results provided by that function are complete or accurate since the search results are affected by the formatting of the information in the Raaise Services and the search criteria specified by Users.
10.13 The Raaise Services may provide you access to, and usage of any of our websites, as well as other applicable services which Raaise does not control, neither directly nor indirectly. Accordingly, any availability or reliability for these services are excluded from any warranties within this Agreement, or any Service Level Guarantees.
10.14 If you choose to use the doc bots provided by Raaise, it is your responsibility to determine whether the doc bot (and all of the provisions of the legal template it is based on) is appropriate and you have to check the laws and regulations that apply to you and the signers of your documents. Raaise does not and cannot offer you professional or legal advice; please seek your own. Raaise also does not commit to maintaining copies of signed agreements or signature logs separately from the files created as a result of using the doc bot. You have the sole responsibility to ensure that these documents are suitable for your commercial circumstances and that they meet your commercial and legal objectives. You also have the sole responsibility to ensure that the documents you generate using the Raaise doc bots are properly executed and that the copies of the signed documents are appropriately stored and maintained.
11. Feedback and Complaints
If you have a suggestion about how the Raaise Services can be improved, or if you have a complaint, please contact us at gday@raaise.co. We will take all constructive feedback on board and will investigate and try to resolve any complaint as quickly as possible.
12. Dispute resolution and Governing Law (Jurisdiction)
Raaise is domiciled in Australia. Any disputes must be determined by the courts having jurisdiction in Western Australia, Australia, in accordance with laws in force in Western Australia. You irrevocably and unconditionally submit to this jurisdiction.
13. Publicity
You grant us the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to any trademark usage guidelines that you may provide to us from time to time.
If You do not wish us to use your company name and logo as described in this clause 13, then you may advise us by email at gday@raaise.co. We will take all reasonable steps to remove existing references to your company name and logo but we cannot guarantee that they will all be removed, as this may not be within our control.
14. A few last points to consider
14.1 This Agreement constitutes the entire agreement between you and us in connection with the Raaise Services and will supersede all previous communications (either oral or written) between you and us with respect to the subject matter of this Agreement.
14.2 If either party decides not to enforce a particular provision of the Agreement in one instance, that decision does not prevent that party from subsequently enforcing that same provision or any other provision.
14.3 Any part of the Agreement that is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of the Agreement is not affected.
14.4 As our business evolves, we may change this Agreement and the other components of the Raaise Services. If we make a material change to the Agreement, we will provide you with reasonable notice prior to the change taking effect. Pricing during any automatic renewal term will be the same as that during the immediately prior term unless we have given you written notice of any pricing increase at least one month before the end of that prior term, in which case the pricing increase will be effective at the time of renewal and thereafter. You can review the most current version of the Agreement at any time by visiting this page. If you access or use the Raaise Services after the effective date, that use will constitute your acceptance of any revised terms and conditions.
14.5 You may not assign the Agreement or any part of it, or transfer any of your rights under it, to a third party without our prior written consent. We may not assign the Agreement or any part of it, or transfer any of our rights under it, without your prior written consent, except where such assignment or transfer is in connection with an internal restructure of our business or where we sell or divest some or all of our business in which case we may do so by notifying you accordingly.
14.6 The provisions of the Agreement that by their nature survive termination or expiry of the Agreement will do so.
14.7 Each person subject to this Agreement represents and warrants that he or she has full and legal authority to enter into and bind the party whom you are acting on behalf of by entering into this Agreement and acknowledges, understands and agrees that the Agreement is enforceable against that party on whose behalf you are acting.
14.8 Any breach of this Agreement gives us the right to terminate your access to the Raaise Services at our sole discretion.