Terms and Conditions

Acceptance of the Terms and Conditions

These Terms and Conditions are entered into by and between you and iquant.fund ("Company", "we", “our”, or "us"), collectively referred to herein as IQF.

The following, together with any documents, disclaimers, policies, web pages, or other writing incorporated by reference ("Terms and Conditions"), govern your access to and use of iqant.fund, any content, functionality and services offered on or through iquant.fund, associated products and services, or other software offered by iquant.fund directly or through third-party affiliates, and all instances of incorporation of these terms whether explicit or implicit (the "Website"), whether as a guest or a registered user.

Please read the Terms and Conditions carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and Conditions, our Privacy Policy, our User Guidelines and Community Rules, and any and all associated terms and conditions which are hereby incorporated by reference.. Further, you expressly acknowledge and agree that you have read and agreed to our Risk and General Disclaimer. If you do not want to agree to these Terms and Conditions and incorporated documents, you must not access or use the Website.

This Website is offered and available ONLY to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Website. You are solely responsible for acquiring and maintaining the necessary tools, devices, and other infrastructure to access this website.

Changes to the Terms and Conditions

We may revise, update, and otherwise change these Terms and Conditions in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website after such time as the update is posted. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction shall not govern ONLY if the parties have actual notice of the filing of a dispute prior to such change.

Your use of the Website following the posting of revised Terms and Conditions shall constitute you agreeing and accepting the Terms and Conditions in their entirety. You should check this page each time you access this Website, so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including, but not limited to, registered users.

Your responsibilities include but are not limited to making all arrangements necessary for you to have access to the Website (i.e. purchasing internet access, ensuring a properly set-up computer, etc.) and ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.

To access the Website or related features you may be asked to provide your name, address, phone number, email, or other information. It is a required condition of your use of the Website that any and all information you provide on the Website is correct, current and complete. You agree, represent, and warrant that all information you provide to access this Website register your account, or otherwise provide to us, including but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our policies.

If you choose, create, or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular care when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, other identifier, or other access method whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

Intellectual Property Rights

The Website and its entire contents, features, and/or functionality (including but not limited to all software, text, displays, images, video and audio, the design, or other information displayed thereupon), are owned by the Company, third-party licensors, or others and are protected by Australian and international copyright, trademark, patent, trade secret, and other laws. These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. except as otherwise permitted by us. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

    1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials or as automatically cached by your browser for display enhancement purposes.
    2. You may download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use. This single copy shall not be used not for further reproduction, publication, or distribution.
    3. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any end user license agreements for such applications.
    4. You may display or share intellectual property owned by us in a manner which we explicitly authorize in writing.

You must not modify any materials from this site, whether originals or copies, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. If you wish to make any use of material on the Website other than that set out in this section, please submit a request to: compliance[@]iquant.fund

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the term iquant.fund, our logo, and all related marks, names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions and Community Guidelines. You agree not to use the Website, directly or indirectly, for any purpose which indirectly or directly causes harm, irritation, damage, violates the law, generates spam, is offensive, defrauds, interferes with, or otherwise negatively impacts us, our affiliates, our Website, or any other party. This includes, but is not limited to, the distribution of computer viruses, DDoS attacks, and fraudulent emails. We reserve the right to determine, at our sole discretion, if an action using our Website is prohibited and take any and all remedy we deem appropriate.

Monitoring and Enforcement; Termination

We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY SUCH PARTIES DURING OR AS A RESULT OF INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not and shall not attempt to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Electronic Delivery of Communications

You agree and consent to receive electronically all communications, agreements, documents, notices, disclosures, or other written instruments intended to convey certain information (collectively, “Communications”) that are provided in connection with your use of the Website and your use of our services.

Communications include but are not limited to:

    Copies of agreements you have signed;
    Transaction receipts or confirmations; and
    Any other information pertaining to our relationship with you or the product you purchased.

We will provide these Communications to you by posting them and/or by emailing them to you at the email provided by you in any contact information you provide.

In order to access and retain electronic Communications, you will need the following minimum computer hardware and software:

    A computer with an Internet connection;
    A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
    Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format;
    A valid email address; and
    Sufficient storage space to save Communications or an installed printer to print them.

We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications as they pertain to your profile with us. By giving your consent, you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.

How to withdraw consent

You may withdraw your consent to receive Communications electronically by clicking any available unsubscribe links or writing to us at: compliance[@]iquant.fund

If you fail to provide or if you withdraw your consent to receive Communications electronically, we reserve the right to either deny you access to the Website, charge you additional fees for paper copies, or any other action we deem appropriate.

If, after you consent to receive Communications electronically, you would like a paper copy of a Communication previously sent to you, you may request a copy within 180 days of the date the Communication was provided to you by contacting us as described above.

It is your responsibility to keep your primary email address up to date so that we can communicate with you electronically.You understand and agree that if we send you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you.

Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add us to your email address book so that you will be able to receive the Communications we send to you.

You can update your primary email address or street address at any time by contacting us. If your email address becomes invalid such that electronic Communications sent to you by us are returned, we may deem you to be inactive, and you will not be able to access any information until we receive a valid, working primary email address from you.

Copyright

The copyright in the content is owned by iquant.fund, its suppliers and/or licensors unless specifically indicated otherwise on the Site. The content is protected by international copyright and trademark laws and is supplied for information use only. Except as explicitly provided for above and separately from any fair dealing permitted under any applicable Copyright Act, We grants visitors to the Site a license to download, display, print and reproduce this material for private use or within your organization, for non-commercial purposes only. No license to republish, transmit, reproduce, communicate, modify, commercialize or alter this material is granted without their written permission.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that allow you to send communications via email or other services, link third party websites, and other functionalities. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards and Community Guidelines set out in these Terms and Conditions. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Victoria in Australia. We make no claims that the Website or any of its content is accessible or appropriate outside of the Australia. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of Australia, you do so on your own initiative and are responsible for compliance with local laws.

Cookie Statement

This site uses cookies. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Cookies are typically stored on your computer's hard drive.

Information collected from cookies is used by us to evaluate the effectiveness of our Site, analyze trends, and manage the platform. The information collected from cookies allows us to determine such things as which parts of our Site are most visited and difficulties our visitors may experience in accessing our Site. With this knowledge, we can improve the quality of your experience on the platform by recognizing and delivering more of the most desired features and information, as well as by resolving access difficulties. We also use cookies and/or a technology known as web bugs or clear gifs, which are typically stored in emails to help us confirm your receipt of, and response to, our emails and to provide you with a more personalized experience when using our Site.

We also use third party service provider(s), to assist us in better understanding the use of our Site. Our service provider(s) will place cookies on the hard drive of your computer and will receive information that we select that will educate us on such things as how visitors navigate around our site, what pages are browsed and general transaction information. Our service provider(s) analyses this information and provides us with aggregate reports. The information and analysis provided by our service provider(s) will be used to assist us in better understanding our visitors' interests in our Site and how to better serve those interests. The information collected by our service provider(s) may be linked to and combined with information that we collect about you while you are using the platform. Our service provider(s) is/are contractually restricted from using information they receive from our Site other than to assist us.

Your continued use of this site, as well as any subsequent usage, will be interpreted as your consent to cookies being stored on your device.

Disclaimer of Warranties

We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or other such amounts incurred arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, any use of the Website's content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.

General Legal Provisions

Governing Law and Jurisdiction.

All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Victoria without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the state and/or federal courts located in Victoria, Australia. You waive any and all objections or defenses of personal or other jurisdiction over you by such courts and to venue in such courts.

Arbitration

At our sole discretion, we may require you to submit any disputes arising from the use of these Terms and Conditions or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration applying Victorian law. Such arbitration will take place in the offices of Arbitration Victoria and shall be conducted in accordance with the Arbitration Victoria's Consumer Arbitration Rules or Commercial Arbitration Rules and Mediation Procedures as applicable and elected in our sole discretion.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable that provision shall be modified to mostly closely resemble the intent of the parties while becoming enforceable and the remaining provisions shall remain in full effect. If such a provision cannot be modified, it shall be stricken and deemed as if never having been a part of these Terms and Conditions and the remaining provisions shall remain in full effect.

Entire Agreement

The Terms and Conditions, our Privacy Policy, and other documents referenced herein constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Headings

Headings are solely for convenience and shall convey no legal right or obligation. Interpretation.Ambiguity shall not be construed in favor of the non-drafting party.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable.

Contacting Us

This website is owned and operated by iquant.fund. All notices of copyright infringement claims should be sent to compliance[@]iquant.fund. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to your designated support contact, depending on the subscription plan you have selected.

These terms was last updated on June 18, 2023.