Website Terms and Conditions

This website located at https://fx1.io/ (Website) is owned and operated by FX1 Pty Ltd ACN 637 528 851 (FX1).

By using this Website and in consideration of FX1 providing you with access to the Website, you confirm that these Terms and Conditions govern your access to and use of the Website and you accept and agree to comply with them.

FX1 recommends that you print a copy of these Terms and Conditions for future reference.

FX1 reserves the right to amend these Terms and Conditions from time to time. Every time you wish to use the Website, please check these Terms and Conditions to ensure you understand the terms and conditions that apply at that time.

1. Early Access Form

1.1 The Website has an online early access form, which you can submit to FX1 to register for future notifications from FX1.
1.2 By submitting the form, you warrant that:
- (a) you are over 18 years old; and
- (b) the information submitted by you is true and correct.
1.3 By submitting the form, you agree that FX1 may contact you (including via email) to:
- (a) provide updates regarding the development of the FX1 platform (the Platform) and app (the App);
- (b) invite you to register a user account to the App and the Platform, which will be subject to separate terms and conditions; and
- (c) provide and promote our services to you and the goods and services of our partners.
1.4 In particular, if you indicate in the online form that you are a business, professionalathlete or anything other than a general user, we may contact you to discuss the potential for partnering with FX1 to provide content, goods or services via the App or the Platform, and to seek your consent to listing your name, business name, brand or logo on the Website as an FX1 partner. If you do provide your consent, you warrant that you are authorised by the business or brand-owner concerned to provide that consent and that FX1’s use of the business name, brand or logo on the Website will not infringe the rights, including intellectual property rights, of any third party.
1.5 You can unsubscribe from our emails or manage your email preferences at any time byclicking the unsubscribe link which is available at the bottom of any marketing based emails you may receive.

2. Privacy Collection Statement

FX1 collects your personal information when you submit the online registration form on our Website.We collect this information to provide updates regarding the development of the Platform and App and provide and promote our services to you and the goods and services of our partners. If you don't provide any of the information requested, we may not be able to contact you and keep you informed. In order to keep you informed, FX1 may disclose the personal information it collects to other entities in the APP Group, our agents, contractors, and service providers (including our web and IT administrators, mail houses and advisors). FX1 does not generally disclose personal information outside Australia. Please contact FX1 at hello@fx1.io to access or correct any personal information we hold about you.

3. Intellectual Property

All material on the Website, including the text, code, information, graphics, illustrations,photographs, video, music, sound, trading names, service marks, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to FX1.
3.2 You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Contentfor any purpose, other than with the prior written consent of FX1 or as permitted by law. All rights of FX1 are reserved.
FX1 , the FX1 Logo and the FX1 logo are trade marks of FX1.
3.4 Trade marks used on the Website to describe third parties and their products are trademarks of those third parties and you are not permitted to use them without the consent of those third parties.

4. Links and Third Party Content

4.1 You must not link to, frame or mirror any part of the Website without FX1’s written authorisation.
4.2 The Website may contain links to or display the content of third parties (Third PartyContent), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of FX1. FX1 does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

5. Your conduct

5.1 You must not:

(a) use the Website in breach of any applicable laws or regulations;
(b) use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
(c) interfere with, disrupt, or create an undue burden on the Website;
(d) upload, post, transmit or otherwise make available any material that:
- (i) is not your original work, or which may infringe the intellectual property or other rights of another person;
- (ii) is, or could reasonably be expected to be, defamatory, obscene, offensive,threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- (iii) includes an image or personal information of another person unless you havetheir consent;
- (iv) you know or suspect, or should reasonably know or suspect, to be false,misleading or deceptive;
- (v) contains large amounts of untargeted, unwanted or repetitive content; or
- (vi) contains financial, legal, medical or other professional advice.
Without limiting the above, you will not and will not permit a third party to:
(e) misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs orother material that is malicious or technically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack;
(f) use any method or process (including data scraping, web-bots, collection oraccumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;
(g) use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, rating and related business methodology or systems; and
(h) do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.
If you believe that a user has breached any of the above conditions, please contact us info@FX1.com.

6. User-generated Content

6.1 FX1 reserves the right to block or suspend any user of its Website, and to modify orremove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice. FX1 also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you on the Website constitutes a violation of their intellectual property rights or of their right to privacy.
6.2 FX1 is not responsible for, and accepts no liability with respect to any material uploaded,posted, transmitted or otherwise made available on the Website by any person other than FX1. FX1 does not endorse any opinion, view, advice or statement made by any person other than FX1.

7. Cookies

7.1 A cookie is a small text file stored in your computer’s memory or on your hard disk for apre-defined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors experience the Website. This information will help to better adapt the Website to suit personal requirements.
7.2 We may use third-party vendors to show FX1 ads on sites on the Internet and servethese ads based on a user’s prior visits to the Website. FX1 may also use analytics data supplied by these vendors to inform and optimise its ad campaigns based on your prior visits to the Website.
7.3 While cookies allow a computer to be identified, they do not contain personal informationabout a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.

8. Disclaimer and Liability

8.1 FX1 does not guarantee that the Website will be secure or free from bugs or viruses orfunction without interruption or errors. The Website is provided on an "as is" and "as available" basis. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software. By accessing the Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website.
8.2 Subject to clause 8.3 below and any other express terms in these Terms and Conditions:
- (a) all conditions, warranties and implied terms, whether statutory or otherwise, are excluded in relation to the Website, including:
  - (i) your use of, or inability to use the Website;
  - (ii) your use of or reliance on any Content or material displayed on the Website; and
  - (iii) any goods or services provided in connection with the Website.
- (b) you release FX1 and its Affiliates from any liability for legal costs and disbursementsand, without limitation, including any direct, indirect, special, incidental, consequential or punitive damages, which includes, but is not limited to, loss of revenue or profits or business or anticipated savings, loss of use or goodwill or reputation, loss of data, even if such loss was foreseeable, suffered by you under or in connection with the Website;
- (c) FX1’s liability, and the liability of any of its Affiliates, for any loss suffered or incurredby you, howsoever caused, which arises out of or in connection with the supply of goods or services under these Terms and Conditions is limited to:
  - (i) the resupply of the goods or services; or
  - (ii) the payment of the cost of resupply of the goods or services; and
  - (iii) a credit note in the amount of the price paid for the goods or services.
8.3 The Australian Consumer Law provides Consumers with a number of ConsumerGuarantees that cannot be excluded or limited. The limitations of liability set out in these Terms and Conditions are therefore subject to, and will not apply to the extent that they limit or exclude, such Consumer Guarantees applicable to Consumers. However where the Australian Consumer Law permits FX1 and its Affiliates to limit the remedies available to them for a breach of a Consumer Guarantee, FX1 and its Affiliates hereby limit their remedies to such Consumers for a breach of a Consumer Guarantee to supplying the goods or services again or paying the cost of having the goods or services supplied again.
8.4 FX1 will not be liable or responsible under these Terms and Conditions or otherwise for afailure to provide any services in accordance with these Terms and Conditions or at all to the extent that such failure is caused or contributed to by you.
8.5 For the purposes of this clause 8:
- (a) Australian Consumer Law means schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation;
- (b) Consumer Guarantees means any right or statutory guarantee under Division 1 of Part 3-2 of the Australian Consumer Law; and
- (c) Consumer has the meaning given to it in section 3 of the Australian Consumer Law.

9. Jurisdiction

These terms and conditions are governed by the laws of Victoria, Australia.

10. Contact

If you have any queries regarding these Terms and Conditions, please contact FX1 at hello@FX1.com.