Terms of Use

Welcome to the OnMarket website and mobile application.

If you continue to browse and use this website and mobile application, you are agreeing to comply with and be bound by the following Terms of Use, which together with our Disclaimer and Privacy Policy govern On-Market BookBuilds Pty Ltd relationship with you in relation to this website and mobile application. If you disagree with any part of these Terms, please do not use our website or mobile application. If you sign up as an OnMarket Member to place bids for securities or other financial products offered through this website you will have to agree to additional separate Member Terms and Conditions.

The term ‘OnMarket’ or ‘us’ or ‘we’ refers to the owner of the website. Our company, On-Market BookBuilds Pty Limited, is registered in the Australia under ABN 31 140 632 024.

The term ‘you’ refers to the user or viewer of our website and mobile application.

Services provided by OnMarket through this website are referred to as ‘Services’ in these terms of use.

The use of this website and mobile application is subject to the following terms of use:

  1. All content shown on the site is provided in good faith and derived from information believed to be accurate at the time of publication. Neither OnMarket, its directors, employees, other officers or any third parties provide any warranty or guarantee as to the accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website or mobile application for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  2. DISCLAIMER OF WARRANTIES: Your use of any information or materials on this website and mobile application is entirely at your own risk, for which we shall not be liable. Services and Content are provided to you "as is", and OnMarket expressly disclaims all warranties of any kind, either implied or express, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. It shall be your own responsibility to ensure that any information available through this website and mobile application meets your specific requirements. OnMarket makes no warranty, either implied or express, that any part of the Service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You understand and agree that neither OnMarket nor any participant in the Service provides personal advice of any kind without taking into account your circumstances, needs or objectives and that any information obtained via this website and mobile application is used solely at your own risk, and that OnMarket will not be held liable in any way. Accordingly you should consider your own circumstances, needs or objectives and seek professional financial advisory, legal and tax advise before taking in action in relation to the Services or any information on this website and mobile application.
  3. LIMITATION OF LIABILITY: You expressly understand and agree that OnMarket will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages suffered by you, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible assets (even where OnMarket has been advised of the possibility of such damages), resulting from: a) the use of Services or the inability to use Services; b) the cost of obtaining substitute goods and/or services resulting from any transaction entered into on/through Services; c) unauthorised access to or alteration of your data transmissions; d) statements by any third party or conduct of any third party using Services; or e) any other matter relating to Services.
  4. OnMarket is excused from performing its obligations to the extent it is prevented by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, acts of war, riots and strikes.
  5. This website and mobile application contains materials which are owned by or licensed to us or third parties that we have relationships with. This material includes, but is not limited to, logos, names, the design, layout, look, appearance and graphics. Reproduction is strictly prohibited. Except where such use constitutes fair dealing under intellectual property law, you must not use, copy, reproduce, publish, store, alter or transmit any part of the contents of this website and mobile application. All rights not expressly granted to you under these Terms of Use are reserved by OnMarket.
  6. RESERVATION OF RIGHTS: OnMarket reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that OnMarket may have in respect to this website and mobile application, its content, and goods and Services that may be provided in association with it. The use of any of OnMarket's rights and property herein requires OnMarket's prior written consent. By making Services available to you, OnMarket is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this website and mobile application or provided Services without OnMarket's prior written consent. Unauthorised use of this website and mobile application may give rise to a claim for damages and/or be a criminal offence. You acknowledge that you have no rights of ownership of OnMarket or its copyrights, trademarks, patents, trade secrets, and any other proprietary rights.
  7. This website and mobile application uses cookies to collect information about how visitors use our site and to know that it is you as you move around the site. We use the information to help us improve the site and provide an optimal experience. You may delete and block cookies from the site but it may affect the optimal experience. Refer to our Privacy Policy for more information about cookies.
  8. We may use personal information about you to improve our marketing and promotional efforts, to analyse website and mobile application usage, to improve our content and product offerings and customise our website and mobile application's content, layout and services. These uses improve our site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safer and customised experience while using our services.
  9. We may use your contact information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as administrative notices, product offerings, and communications relevant to your use of the website and mobile application. If you place a bid to apply for securities or other financial products through OnMarket your personal information will be provided to the offeror, their share registry provider and the market operator who may contact you in relation to your application or subsequent holding of securities or other financial products. By using the OnMarket website and mobile application or submitting information to OnMarket, and agreeing to our Privacy Policy, you expressly agree to receive this information. You may make changes to your communication preferences at any time by letting us know.
  10. From time to time, this website and mobile application may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of linked website(s).
  11. If anything in these terms of use are unenforceable, illegal or void then it is severed and the rest of these terms of use remain in force.

Your use of this website or mobile application and any dispute arising out of such use of the website and mobile application is subject to the laws of New South Wales which will have exclusive jurisdiction. If you have any concerns about material which appears on our site, please contact admin@onmarket.com.au or refer to our Financial Services Guide.

Thank you for visiting OnMarket.

Additional Terms of Use for Members signing up to the OnMarket and Velocity Frequent Flyer Invest and Fly Program

Under the ongoing points for acquiring securities offer, new OnMarket members can earn 1 Velocity Frequent Flyer Point per A$4 by providing their Velocity Frequent Flyer number to OnMarket when they join. Existing OnMarket members are ineligible to join this program.

Only the member that has registered the investor profile in which the securities are acquired is entitled to earn Velocity Frequent Flyer Points. To accrue Velocity Frequent Flyer Points you must have entered your Velocity Frequent Flyer number when you joined OnMarket and prior to placing your first bid. Your member name must have the same first name and surname attached to it as your Velocity Frequent Flyer account in order to earn Velocity Frequent Flyer Points.

In the event that you incorrectly enter your Velocity Frequent Flyer number or if your OnMarket member first name or last name do not match that of your Velocity Frequent Flyer account, OnMarket will not retrospectively apply Velocity Frequent Flyer Points earned on securities acquired during the period when the members first name and last name did not match the Velocity Frequent Flyer account. Ensuring that OnMarket member and Velocity Frequent Flyer details match and are correct is the sole responsibility of the members participating in the offer.

Velocity Frequent Flyer does not hold an Australian financial services licence to provide financial product advice and does not exercise control over the content of the document. VFF does not take responsibility for any financial product advice contained in this document or on the OnMarket website.

Allow up to 30 business days for your Velocity Frequent Flyer Points to be credited to your Velocity Frequent Flyer account. OnMarket reserves the right to terminate or vary the offer of points and its participation in the Velocity Frequent Flyer Points program at any time, without notice. To earn and redeem Velocity Points, you must be a member of the Velocity Frequent Flyer program. Velocity membership and Points earn and redemption are subject to the Member Terms and Conditions, available at www.velocityfrequentflyer.com, as amended from time to time.

Additional Terms and Conditions for the "Get OnMarket to Win" Promotion

1. Information regarding prizes and how to enter forms part of these conditions. By entering, entrants accept these conditions.

2. The Promoter is On-Market BookBuilds Pty Limited (31 140 632 024), AFS Licence No. 421 535, Level 28, 25 Bligh Street, Sydney, NSW, 2000 (Promoter).  

3. Entry is open only to Australian residents aged 18 or over who are new OnMarket members and have successfully joined OnMarket AND verified their email address during the promotion period AND completed AND verified at least ONE (1) Investment Profile OnMarket. Employees and contractors (and their respective immediate families) of the Promoter or any of its agents or contractors directly connected with this promotion are not eligible to enter. By entering the promotion, each entrant warrants to the Promoter that he or she is eligible to enter based on these Terms and Conditions.

4. The promotion begins at 12.01am (AEDT) on Wednesday 1 March 2017 and closes at 11.59pm (AEST) on Sunday 31 December 2017 (Promotion Period). The Promotion Period consists of five (5) Sign Up Periods that will end at 12:01am (AEDT) on the day prior to each Prize Draw. Entrants that have become eligible during the preceding Sign Up Period ONLY will be eligible for the Prize Draw. The Sign Up Periods and Prize Draws are as follows:

  1. Sign Up Period 1: 12:01am 1 March 2017 to 11:59pm 30 April 2017. Prize Draw on 1 May 2017 at 12pm AEDT and winner notified by 1 May 2017 at 5pm AEDT.
  2. Sign Up Period 2: 12:01am 1 May 2017 to 11:59pm 30 June 2017. Prize Draw on 3 July 2017 at 12pm AEDT and winner notified by 3 July 2017 at 5pm AEDT.
  3. Sign Up Period 3: 12:01am 1 July 2017 to 11:59pm 31 August 2017. Prize Draw on 1 September 2017 at 12pm AEDT and winner notified by 1 September 2017 at 5pm AEDT.
  4. Sign Up Period 4: 12:01am 1 September 2017 to 11:59pm 31 October 2017. Prize Draw on 1 November 2017 at 12pm AEDT and winner notified by 1 November 2017 at 5pm AEDT.
  5. Sign Up Period 5: 12:01am 1 November 2017 to 11:59pm 31 December 2017. Prize Draw on 15 January 2018 at 12pm AEDT and winner notified by 15 January 2017 at 5pm AEDT.

5. To be eligible for one of five (5) OnMarket AUD2,000 Prize Draws listed above:

  1. Entrants must successfully join by creating an OnMarket account at www.onmarketbookbuilds.com during the relevant Sign Up Period. For the avoidance of doubt a new OnMarket account means an account opened by a legal entity which does not already have an existing OnMarket account. The account must also have at least ONE (1) verified Investment Profile to be eligible for the Prize Draw. Accounts opened for Deceased Estates are not eligible for this offer.
  2. The entrant’s date of sign up and agreement to the Terms & Conditions as well as Investment Profile creation and verification automatically provides entry into the Prize Draw if completed during the relevant Sign Up Period.
  3. Multiple signups during the Sign Up Period will not result in multiple entries. 
  4. All prizes will be awarded to the primary account holder. 
  5. The prizes are not transferrable.
  6. The prizes are eligible only for use in Initial Public Offerings (IPOs) offered by OnMarket. They are not eligible for use for any other offer or type of offer.

6. There are five (5) prizes to be won. Five (5) prize winners will each receive AUD2,000 which must be used to invest in any IPO offered by OnMarket within 1 (one) year of notification. The prize winners will notify OnMarket when they have made an investment in an IPO of their choice at least three (3) business days before the Offer Close. OnMarket will pay for that bid on the prize winners’ behalf.

7. The total prize pool is valued at AUD10,000.

8. Entrants are responsible for their own costs associated with accessing the Internet.  Entrants must remain as a customer of OnMarket for the duration of the Promotion Period to be eligible. The Promoter has no control over telephone communications, the Internet, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.  The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.  

9. One (1) valid entrant will be drawn at random at each prize draw to become the winner of that draw. All draws will take place at OnMarket BookBuilds, Level 28, 25 Bligh Street, Sydney NSW 2000.

10. The winners will be notified by phone and email by 5pm AEST of the day of the draw. The winners may also be announced on the OnMarket website (https://au.onmarketbookbuilds.com) by 5pm AEST on the day of the draw and for a period of 30 days after the announcement.

11. The winners must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of any prize, free of charge, and they consent to the Promoter using their name and image in promotional material.

12. If a winning entry is deemed not to comply with these conditions of entry, that entry will be discarded and a new winner of the prize will be determined by drawing a further valid entry.

13. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation.

14. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

15. Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage or delay in transit to prizes.

16. Subject to any direction given under relevant State legislation, an unclaimed prize draw will take place at OnMarket BookBuilds, Level 28, 25 Bligh Street, NSW, 2000 at 12pm (AEST) two (2) weeks following each of the five (5) prize draws specified in Clause 4.  Any winner(s) in this draw will be notified by phone and email within two (2) days of the draw. The winners may also be announced on the OnMarket website (https://au.onmarketbookbuilds.com) by 5pm AEST on the day of the draw and for a period of 30 days after the announcement.

20. The Promoter may, in its sole discretion, disqualify all entries from, and prohibit further participation in this promotion by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the promotion or acts in violation of these conditions, acts in a disruptive manner or acts with the intent or effect of annoying, abusing, threatening or harassing any other person. 

21. If for any reason any aspect of this promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the promotion, or invalidate any affected entries, subject to the approval of the relevant gaming authorities, if required.

22. The Promoter is not liable for any tax implications arising from the prize winnings.  Independent financial advice should be sought.  Where the operation of this promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

23. All entries will be the property of the Promoter.  The information entrants provide will be used by the Promoter for the purpose of conducting this promotion, operating OnMarket and otherwise in accordance with the Promoter’s privacy policy available at http://www.onmarketbookbuilds.com.  The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting this promotion or communicating with entrants.  The Promoter is bound by the National Privacy Principles in the Privacy Act 1988.  Entrants can request access to the personal information the Promoter holds about them by contacting the Promoter at the address provided in paragraph 2.  

Authorised under NSW Permit No. LTPM-17-01494, SA Permit No. T17/271