Terms of Use

Summary

Fresh Equities Pty Ltd ('Fresh Equities') is an aggregator of ASX Placements and other investment opportunities for investors so they have one place to know about, and access deals they care about.

We are a Corporate Authorised Representative (CAR #001267539) of AFSL #471379. This license is for Wholesale clients only. We are not allowed to, and do not, make offers to people who do not qualify as a Wholesale client (section 761G of the Corporations Act) and as either a Sophisticated or Professional Investor (section 708 of the Corporations Act — paragraphs 8-11).

If you are unsure if you qualify please see below or contact us.

Information presented on this site does not constitute an offer of securities. You should not rely on this website if or when deciding whether or not to make an investment.

For the avoidance of doubt we do not work with Retail investors, nor do we offer securities under the Small Scale Offerings exemption for Retail investors (section 708 of the Corporations Act — paragraphs 1-7)

To use Fresh Equities we require you to create an account, verify your ID and verify you qualify as a Wholesale or Professional Investor.

There are a couple of ways you can do this:

1. Sophisticated Investor

A Sophisticated Investor is someone who passes one of the following tests, whereby they are then assumed to have sufficient knowledge to be able to evaluate an offer without the need for a full disclosure document. The two tests are:

1.1. a gross income of $250,000 or more per annum in each of the previous two years, or

1.2. net assets of at least $2.5 million

In calculating this amount you are able to include any assets or income from any companies you control. We don’t need to know specifics, but you are required to supply a letter from your accountant outlining that you pass at least one of these two measures. The certificate must be less than six months old when joining but can last for 2 years. You can read more on ASIC’s site here and see a sample letter here.

2. Professional Investor

To be considered a Professional Investor you must either:

2.1. Hold or be named on a relevant Australian Services Financial License (AFSL); or

2.2. have or control gross assets of at least $10 million (including any assets held by an associate or under a trust that you manage)

General Advice Warning

Fresh Equities undertakes to provide no advice. In instances where advice has been provided, or information is presented in such a way as it appears to provide advice then we iterate that this advice is general and does not take into account your objectives, financial situation or needs. You should consider whether the advice is suitable for you and your personal circumstances.

Detailed

1. About this website

freshequities.com is owned and operated by Fresh Equities Pty Ltd (ABN: 72 619 657 028) 'Fresh Equities'.

2. About these terms of use

These website terms of use ('terms of use') and the associated Privacy Statement ('privacy policy') govern your access to and use of the website. You should read these terms of use and the privacy policy carefully before using this website.

3. Your access/use implies agreement

The website is available for your use only on condition that you agree to these terms of use. By accessing/using the website, you are signifying that you agree to be bound by these terms.

4. Modifications to the Terms

Fresh Equities may revise and update these terms of use at any time. Your continued usage of the website after any changes to these terms of use will mean you accept those changes.

5. Modifications to the information

Fresh Equities does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Fresh Equities.

6. Errors and problems

Fresh Equities does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted. Data and content on the website is supplied by third parties without review or verification for accuracy so at no time can any information on this website be guaranteed accurate.

7. License and Ownership

The copyright for the content on this website is owned or licensed by Fresh Equities and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, scraped, adapted, uploaded to a third party, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Fresh Equities. All custom graphics, icons, and other items that appear on the website remain the property of Fresh Equities.

8. Data Feed

It is prohibited to use, store, reproduce, display, modify, transmit, scrape or distribute this website’s data or information without written permission for the website owner. Only 'human' traffic is allowed. Scraping data or accessing the website with a robot, script or automated program is strictly forbidden. Fresh Equities, our suppliers or their respective licensors reserve all Intellectual property rights in the information to the extent that those intellectual property rights exist under the law from time to time, and accept no responsibility for any claim, loss or damage arising from the display of information on the website or any use of the information displayed on the website.

9. Information Scraping

Only 'human' traffic is allowed. Scraping data or accessing the website with a robot, script or automated program is strictly forbidden.

10. Referrals

Fresh Equities allows users to register their details for stocks that are going through a capital raise. We then forward these through to brokers or advisers appointed by that company as qualified leads to action. We may or may not receive payment for these leads and make no guarantee that a submission through Fresh Equities will be actioned on. This submission does also not constitute a bid on the round, and we make no guarantee that any users will receive allocations in the equity round.

11. Fresh Equities Privacy Policy

The Fresh Equities privacy policy governs the use of information collected from or provided by you at the website. A policy statement prepared by Fresh Equities for the purposes of being made available to customers and the general public declaring the company's commitment to the Privacy Act 1988 (Cth) (hereinafter the 'Privacy Act') for a company required to comply is available on our site.

12. Webmaster Communication

If you provide feedback, suggestions, requests or comments to Fresh Equities, you acknowledge that: they will not be considered confidential or proprietary, and Fresh Equities is under no obligation to keep such information confidential, and Fresh Equities will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.

13. Outbound links

The website may contain links to third-party websites and resources ('linked sites'). Fresh Equities provides these linked sites solely as a convenience to you and not as an endorsement. Fresh Equities makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. Fresh Equities may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Fresh Equities website.

14. Jurisdiction

The law applicable to use of the website and to disputes arising out of the website is the law of the State of Victoria.

15. Disclaimer of Warranties

Fresh Equities makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.

16. Limitation of Liability

If Fresh Equities is found responsible for any damages, Fresh Equities is responsible for actual damages only. In no event shall Fresh Equities, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.