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:

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.
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.
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.
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.
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.
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.
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.
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.
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. In the situation you register your interest in a particular upcoming offer, we may provide your details to the offeror. 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.
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).
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.

Velocity Frequent Flyer Invest and Fly Program

Our partnership with Velocity ended on 2 December 2018 after which time OnMarket members no longer earn Velocity Frequent Flyer points when bidding into OnMarket transactions.

Additional Terms of Use for the OnMarket “Who should be the next PM” 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 31, Tower 2, International Towers 200 Barangaroo Avenue, Sydney, NSW, 2000 (Promoter).

3. Entry is open only to Australian residents aged 18 or over who:

i. Have followed the Promoter’s LinkedIn company page, Facebook company page, Twitter page or Instagram page.

ii. Have posted a comment on the LinkedIn Competition Post, Facebook Competition Post, Twitter Competition Post or Instagram Competition Post containing a valid candidate for Australia’s Prime Minister.

4. 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.

5. The promotion begins at 12.01am (AEST) on Friday 5 April 2019 and closes at the earlier time of:

i. The then leader of the Australian Labor Party or the Liberal Party of Australia conceding defeat; or

ii. 11.59pm (AEST) on Sunday 26 May 2019 (Promotion Period).

Entrants that have become eligible during the Promotion Period ONLY will be eligible for the Prize Draw. The Prize Draw will occur at Level 31, Tower 2, 200 Barangaroo Ave, Barangaroo NSW at 8.01am (AEST) on the day after the Promotion Period closes and the winner will be notified through the social media platform by which they lodged their entry within two (2) business days of the draw.

The winners will have their details published on the OnMarket Company page on LinkedIn which can be found at https://www.linkedin.com/company/2720995/admin/ within two (2) business days of the draw. The Promoter may also publish the winners name on its Facebook, Twitter and Instagram pages.

6. To be eligible for the OnMarket AUD2,500 Prize Draw:

i. Entrants must have followed the OnMarket LinkedIn company page at https://www.linkedin.com/company/on-market-bookbuilds, the OnMarket Facebook company page at https://www.facebook.com/OnMarketIPOs/, the OnMarket Twitter page at https://twitter.com/OnMarket_?lang=en or the OnMarket Instagram page at https://www.instagram.com/onmarket/.

ii. The Entrant must also post a comment in the LinkedIn Competition Post, Facebook Competition Post, Twitter Competition Post or Instagram Competition Post containing a suggestion for be Australia’s next Prime Minister. OnMarket reserves its discretion to accept any entry as a valid candidate to be Australia’s next Prime Minister, if in OnMarket’s sole discretion, the named candidate meets the spirit of the promotion, including whether that candidate is legally eligible to be Australia’s next Prime Minister. OnMarket bears no responsibility for rejecting or accepting a named candidate.

iii. The winner will be drawn from a pool of the most popular entry to be Australia’s next Prime Minister. The most popular entry will be the candidate that is most commonly posted in the comments section of the Competition Post on Linkedin, Facebook, Twitter and Instagram.

iv. The LinkedIn Competition Post, Facebook Competition Post, Twitter Competition Post and Instagram Competition post will each contain information on the Promotion and be posted by 12.00pm (AEST) on the opening date of the Promotion Period.

v. The entrant’s date of comment must be within the Promotion Period as listed above.

vi. Each entrant is limited to 10 entries.

vii. The prizes are not transferrable.

viii. The prize may only be redeemed by the winner filling out a valid application form (excluding payment) for an IPO offered by OnMarket. At the request of the winner, OnMarket may, in its absolute discretion, allow the winner to redeem the prize for shares in another company offered on OnMarket (i.e. such as an equity crowdfunding or s708 offer). The AUD2,500 worth of shares may not be redeemed for any IPO, or other offering of securities not offered by OnMarket.

ix. For the avoidance of doubt, the winner must meet any other specific requirements of the IPO in which the prize is to be redeemed, and OnMarket bears no responsibility for any breach of any warranty made by the winner in the relevant application form.

7. There is one (1) prize to be won. The prize winner will receive AUD2,500 in an IPO offered by OnMarket within 3 months of notification, provided OnMarket has accepted applications for at least one IPO during such period. If OnMarket has not accepted applications for at least one IPO during the 3-month period following notification, then the period for redemption will be extended. The prize winner will notify OnMarket when they have selected an IPO offered by OnMarket in which they wish to invest, and submitted a valid application via the OnMarket website at least three (3) business days before the Offer Close. OnMarket will pay for that application on the prize winner’s behalf.

8. The total prize pool is valued at AUD2,500.

9. Entrants are responsible for their own costs associated with accessing the Internet. The Entrants comment must remain publicly visible within the Competition Post 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.

10. One (1) valid entrant will be drawn at random at the prize draw to become the winner of the prize draw. The draw will take place at OnMarket BookBuilds, Level 31, Tower 2, International Towers 200 Barangaroo Avenue, Sydney NSW 2000.

11. The winner will be notified by LinkedIn’s InMail and a OnMarket LinkedIn Post by 5pm AEST of the day of the draw. The winner may also be announced on the OnMarket website (https://www.onmarket.com.au), OnMarket Facebook page (https://www.facebook.com/OnMarketIPOs/), OnMarket Instagram page (https://www.instagram.com/onmarket/) and OnMarket Twitter page (https://twitter.com/onmarket_) by 5pm AEST on the day of the draw and for a period of 30 days after the announcement.

12. The winner must, at the Promoter’s request, agree to be named in a LinkedIn post on the OnMarket company page and posts on the OnMarket Facebook, Instagram and Twitter pages (the Promoter will consult with the winner with respect to the language of the post, however the Promoter has absolute discretion as to the post content) and the winner must consent to the use of the winner’s name in an email describing the winning of the prize, free of charge.

13. 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.

14. 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.

15. 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). The winner acknowledges that the IPO shares may trade at a lower or higher price than the issue price.

16. 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. The Promoter will not be liable if, for any reason, it does not obtain an allocation for the winner in the IPO selected by the winner, however if this occurs, the Promoter will provide the winner with an opportunity to select another IPO.

17. Subject to any direction given under relevant State legislation, an unclaimed prize draw will take place at OnMarket BookBuilds, Level 31, Tower 2 International Towers 200 Barangaroo Avenue, NSW, 2000 at 12pm (AEST) two (2) weeks following the prize draw specified in Clause 5. The winner in this draw will be notified by LinkedIn InMail within two (2) days of the draw. The winner may also be announced on the OnMarket website (https://www.onmarket.com.au) by 5pm AEST on the day of the draw and for a period of 30 days after the announcement.

18. The Promoter may, in its sole discretion, remove a post, remove a follower, 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, or disparaging or impugning OnMarket’s business, business model, good fame and character or the Offers of securities on the OnMarket website.

19. 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.

20. 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.

21. 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 https://www.onmarket.com.au. 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.