Brick Investor Terms of Use

1. The Brick Investor website and its associated mobile applications (collectively "Platform") are owned, operated and controlled by FIBO Pty LTD ABN 36 625 475 096, trading as ‘Brick Investor’, who, along with its associated entities and each of their directors, affiliates or employees (as appropriate), are referred to as “Brick Investor”, “we”, “us” or “our” in these Terms of Use.
2. The Platform, provided and operated by Brick Investor, allows account holders to buy, sell and trade LEGO® sets, funds and bonds. It also includes any services, content, products, mobile applications, websites, software or any other services provided by Brick Investor (collectively “Services”).
3. By opening an account to use the Services, you expressly represent and warrant that you have accepted our Terms of Use, and any additional terms and conditions displayed on the Platform (including, without limitation, our Privacy Policy and Refund Policy) as they apply from time to time.
4. We grant you a non-exclusive, revocable, non-transferable licence to use the software on a server controlled by us for the sole purpose of accessing and obtaining the material on the Platform.
5. We may amend, modify, add to or delete these Terms of Use at our discretion and those amendments, modifications, additions or deletions apply to your use of the Platform and the Services as soon as they are displayed on the Platform (whether or not you are aware of those amendments, modifications, additions or deletions). All subsequent transactions by you will be subject to the most current Terms of Use as at the date of those transactions.
6. Your eligibility and use of our Platform and Services is dependent upon your country of residence. The Services provided by Brick Investor are limited to users resident in the following jurisdiction: Australia. If you are not a resident in that jurisdiction you should cease using our Services.
7. Your ownership of any LEGO sets (or its derivatives) purchased on the Platform will transfer to you upon Brick Investor receiving cleared funds from your bank or other financial institution, which is an Authorised Deposit-Taking Institution (“ADI”) and at no point earlier. If LEGO sets are provided to you prior to Brick Investor receiving cleared funds of payment for those LEGO sets from your ADI, including if or when your ADI reverses that payment, any action taken by you in relation to those LEGO sets is done on behalf of Brick Investor.

1. The trading or holding of LEGO or its derivatives of the like (collectively "LEGO") involves risks, there can be losses and any loss and liability you incur is not insurable. You should carefully consider and assess whether trading or holding of LEGO is suitable for you depending upon your financial circumstances, resources and tolerance to risk.
2. Brick Investor is not responsible or liable for any LEGO once they are transferred from our Platform to another location or user. Nor is Brick Investor responsible or liable for any LEGO not traded on our Platform that have been sent into our Platform. Brick Investor is not responsible or liable for any LEGO that have been sent to an incorrect address.
3. Given the level of risk associated with trading LEGO, you acknowledge that by opening an account with Brick Investor, it is your responsibility to implement additional security and precautionary measures available to you in order to protect your LEGO. Brick Investor recommends the use of minimum-security measures including two-factor authentication to securely access your Brick Investor account, an option available through My Account. Other measures such as using a strong password or unique email address that is not used on any other website or platform, or that is known by anyone else.

1. You warrant to us that you are a bona fide user of Brick Investor’s Platform and Services for the purposes of trading and holding LEGO.
2. You must not:
   1. Money laundering;
   2. Malicious hacking;
1. Engage in any restricted or criminal activities, including but not limited to:
2. Knowingly or recklessly provide us with false, inaccurate or incomplete information through the Platform;
3. Use Brick Investor’s Platform and Services for the purpose of obtaining, processing, distributing, viewing, assessing, analysing, copying or replicating any information, methods or processes related to the Platform (including without limitation by way of data scraping, the use of collection or accumulation tools and robotic or scripted responses);
4. Reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Platform’s source code, formulas or processes;
5. Interfere with the security of the Platform, the Services or the secure and safe use of the Platform by any other user (including without limitation by way of distributing viruses, corrupted files or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Website or its users);
6. Use the Platform or the Services for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us);
7. Knowingly or recklessly use or take advantage of a process, technical or technological error, loophole or glitch on Brick Investor’s Platform and Services;
8. Use the Platform or the information contained in it for commercial purposes which are competitive to the Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;
9. Use systematic, repetitive or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Platform or which may otherwise place an unreasonable load on the infrastructure of the Platform.
10. Publish, post, distribute, disseminate or send ‘spam material’ or engage in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive);
11. Collect or store personal data about other users of the Platform; or
12. Do anything else which may interfere with or negatively affect the operation of our Platform, Services or others users.
3. Any user of Brick Investor’s Platform who violates or breaches our Terms of Use may have their membership and Brick Investor account suspended or terminated, as well as any pending transactions cancelled. You may also be held liable for any losses incurred by Brick Investor or any other user of the Platform or Services.
4. In the event of a breach of these Terms of Use by you, Brick Investor will return your funds to your linked bank/ADI account, unless we reasonably believe that you have committed any fraud, misconduct, any breach of Clause 16, or any other illegal activity. Brick Investor may exercise any rights it has to recover any fiat currencies or LEGO which are afforded to it under the Terms of Use or at law.
5. Brick Investor encourages users to report any problems or vulnerabilities with our Platform and Services by submitting a support request on our website or emailing us at Brick Investor Support. If you notify us in good faith, we will not restrict your use of our Platform or Services.

1. Brick Investor will use its best endeavours to ensure that it meets its deposit and withdrawal timeframes. From time to time factors outside of Brick Investor’s control may lead to delays. You acknowledge that Brick Investor is not responsible for any losses that occur due to delays in processing deposits or withdrawals.
2. For security purposes, the bank/ADI account linked to your Brick Investor account, or any other POLi, BPAY or payment account, must be held in your name in order to facilitate all deposits and withdrawals to/from your Brick Investor account. If your bank/ADI or payment accounts are not held in your name, we may limit and suspend your use of Brick Investor’s Platform and Services until you supply the details of a bank/ADI or payment account in your name.
3. By using Brick Investor’s Platform and Services, you acknowledge that Brick Investor is not responsible for any delays you may experience in sending and transferring LEGO to and/or from Brick Investor’s Platform to other addresses.
4. In the circumstance where you have received, acquired or accumulated any funds or assets due to an error, glitch, or loophole, Brick Investor may take reasonable action, including but not limited to restricting access or deducting the amount you have received, acquired or accumulated from the balance of the LEGO or fiat currency held in your account. We will notify you if such an error, glitch or loophole has occurred or been discovered and if we decide to exercise our right to recover the misappropriated funds or assets from your account.
5. If any LEGO are credited to your account on the Platform prior to Brick Investor having received cleared funds from your ADI, Brick Investor reserves its right to recover those LEGO that have been credited to your account without notice to you. If those LEGO cannot be recovered in full then Brick Investor reserves the right to recover the value of those LEGO from any other fiat currencies or LEGO held in your account, at Brick Investor’s absolute discretion by giving you prior notice. Brick Investor may deduct or set off the debt owed to it from any LEGO and fiat currencies held in your account on the Platform.
6. If your account is suspended in accordance with these Terms of Use and you do not respond to any of our attempts to contact you after the payment of the uncleared funds, Brick Investor will consider your account, and all LEGO and fiat currencies within your account, to have been forfeited by you.
7. It is your responsibility to check your Brick Investor account and monitor the movement of your LEGO.
8. All deposits and withdrawals made are subject to the limits displayed on our Platform and Services. This amount may change from time to time due to user demand, market activity and the price of particular LEGO. We may, in some instances, use our discretion to allow deposits and withdrawals which exceed the limit displayed.
9. All fiat currency deposits and withdrawals can only be made to and from a financial institution account held by the verified Brick Investor account holder. We may, in some instances, use our discretion to allow deposits from and withdrawals to a financial institution account that is not held by the verified Brick Investor account holder.
10. It is your responsibility to enter the correct BSB and account number for any AUD withdrawals or deposits made by you. Brick Investor does not, and will not check the details that you enter, including whether the BSB and account number entered belong to you. If you enter incorrect bank details, it will not be Brick Investor’s responsibility to recover those funds from the unintended recipient. Brick Investor is not liable for any loss or liability incurred by you as a result of any fiat currencies being sent to an unintended bank account.
11. During periods of market volatility, high volume trades, fast movement and illiquidity in the market, the market rate in which you buy, sell or trade LEGO may be different to the price indicated on our Platform and as such we will be unable to execute your order and will return the funds to your account. Brick Investor is not liable for any price variation due to market volatility, market or technology disruptions, delays or any other matters that are outside Brick Investor’s control. Brick Investor may reasonably decide not to execute a trade if the market rate significantly increases or decreases or in the event of a market disruption or other event, which is outside its control. In such cases, Brick Investor may cancel your buy or sell order and return the funds into your Brick Investor account. Brick Investor will exercise reasonable care to notify you of these events and, when you receive a notification, you must check your account and any pending or cancelled transactions.
12. When you have made a buy or sell swap order through our Platform, Brick Investor will carry out that order as a binding instruction from you. If you ask Brick Investor to cancel, amend or reverse the buy or sell, Brick Investor is not obliged to do so where it is unreasonable to do so or in circumstances where doing so would cause Brick Investor inconvenience or cost.

1. A conversion fee applies to all transactions where LEGO are purchased, sold or traded. By using the Brick Investor Platform, you accept and acknowledge that we may adjust our conversion fees at any time. Brick Investor will notify you of the conversion fees that apply to your transaction at the time of the transaction.
2. A conversion rate applies to all transactions where LEGO are purchased, sold or traded. By using the Platform you accept the conversation rate applicable from time to time. Brick Investor will notify you of the conversion rate that applies to your transaction at the time the transaction is made. For more information on the conversion rate, see Pricing FAQ.
3. We reserve the right to delay, suspend or cancel a trade or transaction if we believe the trade or transaction may be subject to law enforcement action, illegal activity or fraud, including but not limited to the activities outlined in Clause 16.
4. We reserve the right to delay, suspend or cancel a trade or transaction if there are technical reasons that prevent us from completing the transaction, or if Brick Investor is unable to execute the transaction. This may be subject to reliance on a third party supplier or provider, or due to technical difficulties.

1. Brick Investor may suspend, limit, restrict, deactivate or terminate your access to Brick Investor’s Platform and Services, including your Brick Investor account, if:
1. You gain or attempt to gain unauthorised access to the Platform or another Brick Investor member’s account;
2. You allow or facilitate a third-party to gain unauthorised access to the Platform or to your Brick Investor account;
3. There is a technical or operational difficulty;
4. You use, or we reasonably suspect you of using, Brick Investor’s Platform or Services in order to perform illegal or criminal activities, fraud, money laundering, terrorist financing or financial crime including any breach of the laws regarding sanctions and bribery;
5. Your use of the Brick Investor Services is subject to any pending investigation, litigation or government proceeding;
6. You fail to pay or fraudulently pay for any transactions;
7. We are unable to support your use;
8. We have concerns about the security of your Brick Investor account or that a transaction is suspicious, fraudulent, erroneous or illegal;
9. You take any action that may circumvent these Terms of Use or our control by abusing any promotions, rewards or referral programs that we may offer at any given time;
10. You breach any terms of this Terms of Use Agreement or Brick Investor’s Privacy Policy;
11. You falsify information in relation to your Brick Investor account or you mislead us (including by omitting information we reasonably require) in relation to opening or administering your Brick Investor account; and
12. Brick Investor receive a request from a law enforcement or government agency to do so; or
13. You deposit fiat currency into your Brick Investor account and Brick Investor credits your account with the same value of fiat currency as the deposit, but Brick Investor does not receive cleared funds from your bank or other ADI after having credited your account with that fiat currency.
2. You may cancel your Brick Investor account at any time, following the settlement of any pending transactions or trades, and provided you comply with any account closure requirements. You will not be charged any fees for cancelling your Brick Investor account, however you must pay any outstanding amounts owed to us.
3. In the event that your Brick Investor account is suspended, limited, restricted, deactivated or terminated, we are in no way obliged to honour or reinstate a transaction or price on the same terms had the suspension, limitation, restriction, deactivation or termination not occurred. We are under no obligation to return fiat currencies or LEGO to you if your Brick Investor account is suspended or deactivated due to a breach of these Terms of Use.

1. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Brick Investor (and each of its associated entities, directors, officers, affiliates, employees, service providers, members, representatives and agents, collectively the “Indemnified Parties”) from and against all claims, demands, actions, suits, proceedings, liabilities, losses, damages, penalties, fines, expenses and costs (including reasonable legal costs awarded by a court) which arise out of or relate to:
1. your conduct and use of our Platform and Services;
2. your breach of these Terms of Use, Brick Investor’s Privacy Policy and/or Refund Plicy;
3. your breach of any law, regulation or rule;
4. your violation or breach of Brick Investor’s copyright, intellectual property, trade secrets, patents, trademarks, service marks or any other proprietary right under law;
5. your failure to secure or keep secret your Brick Investor account password or private key;
6. any information that you provide to us via our Platform and Services;
7. any damage that you may cause to our Platform and Services, to any Brick Investor user or any other person or entity; or
8. any right exercised by Brick Investor under these Terms of Use.
2. This indemnity includes without limitation, liability relating to intellectual property rights, defamation and breaches of privacy.

1. To the maximum extent permitted by law, Brick Investor does not guarantee the quality, performance or fitness for purpose of the Platform and Services or the completeness, accuracy or currency of statements, representations and information of others (including without limitation data, reports and analyses) provided via the Platform and Services and Brick Investor will not be liable to any person or entity for any direct, indirect, consequential or other loss, damage, liability, claim or expense (however caused, including due to negligence or breach of contract) which may arise out of, or in connection with, the use of the Platform and Services or the use of or reliance on information contained on or linked to the Platform and Services.
2. To the maximum extent permitted by law, the total aggregate financial liability of the Indemnified Parties to you, whether in contract, tort or statutory liability or otherwise, is limited to supplying the Platform and Services again or payment of the cost of having the Platform and Services supplied again.
3. We do not provide any warranty in relation to your use of Brick Investor’s Platform and Services and we do not provide any warranty that the information displayed on our Platform and in relation to the Services is up-to-date, accurate or complete.
4. Brick Investor’s Platform and Services does not provide information to evaluate whether or not you should invest, use and trade in LEGO. We give no warranties, guarantees or accept any liability (except that which cannot be excluded by law) in relation to the statements, representations and information of others (including without limitation data, reports and analyses) displayed on our Platform and in relation to the Services.
5. You should independently satisfy yourself as to the information provided through Brick Investor’s Platform and Services. You agree to use Brick Investor’s Platform and Services at your sole risk and at an “as is” basis.

Security

1. The transmission of information over the Internet (including to or from our Platform and Services) is not completely secure or error free. In particular, emails to or from us and information submitted to or accessed via this Platform may not be secure and you should use discretion in deciding what information you send to us via these means.
2. Emails to and from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.
3. You acknowledge that you use the Platform and Services (and obtain and transmit data to it) entirely at your own risk, that it is provided on an ‘as is’ basis and that we do not make any representations or warranties as to the security, availability of our Platform and Services or that your access or use will be uninterrupted, timely or secure.
4. As part of operating our Platform and Services, Brick Investor may hold your funds, assets or LEGO on different exchange platforms.
5. By using our Platform and Services, you agree to provide us with current, accurate and complete information, including any personal information, and agree to keep such information up to date.
6. Brick Investor may provide your personal information or any other information such as your IP address or when your account was last accessed if requested by a law enforcement agency or government agency.
7. We cannot guarantee the identity of any other user, receiver or other party you engage with.
8. You agree that you will not use any other Brick Investor account other than your own account, or access the account of another member or assist others in obtaining unauthorised access. If you use or obtain access to a Brick Investor account, other than your own, this will result in immediate suspension and possible termination of your account and the other member’s Brick Investor account. Any pending transactions or trades will also be suspended.
9. You are accountable for maintaining and preserving the confidentiality of your account information, the personal information you provide to Brick Investor, the strength level of your password and any other activities you undertake when using our Platform and Services.
10. You must notify Brick Investor immediately of any unauthorised access or use of your account, password or any other applicable breach of our Platform and Services by submitting a support request on our website.

Linking and Framing

1. This Platform may contain links to other websites (Third Party Website) and may display content or information from other websites within frames on this Website (Third Party Content). When you click on those links or access Third Party Websites through the Platform, we may earn a payment as a result of that advertising or that referral.
2. We are not responsible or liable for the Third Party Website, any Third Party Content nor for any infringement of third party intellectual property rights as a result of hosting links to Third Party Websites and Third Party Content on the Platform.
3. We are not responsible or liable for the handling, use or disclosure of any personal information collected by a third party (including information collected through a Third Party Website) and we are released from any liability resulting from the third party’s failure to handle, use and disclose your personal information in accordance with the Privacy Act 1988 (Cth).
4. We do not warrant the accuracy, currency or suitability for any purpose of the Third Party Websites or Third Party Content nor do we endorse the offers, products or services which they promote.
5. All statements, representations, offers, products or services provided through Third Party Websites and Third Party Content are the sole responsibility of the operator of the Third Party Website or the author of the Third Party Content and in so far as such links to Third Party Websites or Third Party Content are hosted on the Platform they are done so at the request of the operator or author for the purposes of promoting their offers, products and services. Except where expressly stated otherwise, we do not act as agent, representative, partner or in any other capacity on behalf of such operator or author.

Cookies

We may use cookies to identify your computer on our server and so we can track your use on our Platform. In some instances cookies may collect and store personal information about you. Such personal information will only be used by us in accordance with our Privacy Policy.

Intellectual Property

1. All information, graphics, data, prices, charts, video, audio and any other material (Platform Material) displayed on or available on the Platform, and all the underlying source code and software, is owned or used under license by us, except where expressly stated in these Terms of Use or elsewhere on the Platform.
2. This Platform, all Platform Material and any intellectual property which vests in either of them is protected by copyright. You may download and print content from this Platform for your own personal or internal business purposes only. You must not publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of information on this Platform without our prior written consent or otherwise do anything which would infringe our intellectual property rights in the Platform or the Platform Material.
3. All trademarks, registered trademarks, product names, logos and company names mentioned on this Platform are either owned by us or are displayed under licence or with permission from the owner. Those third-party marks, logos and names remain the property of their respective owners.
4. Reference on the Platform to any companies, products, services, branding, offers or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us or the respective trademark owner.

Privacy

Any personal information we collect about you via this Platform will only be used and disclosed by us in accordance with our Privacy Policy.

1. Brick Investor will communicate with customers by email and telephone and will never provide links to other websites or request sensitive information such as passwords. If you are not sure if the email or telephone call you received is secure and from a trusted source, please email us at Brick Investor Support and we will be able to assist you.
2. By using Brick Investor’s Platform and Services, you accept that it is your responsibility to determine whether and to what extent, any taxes apply to any transactions or trades you conduct through our Services. It is also your responsibility to seek professional tax advice with respect to personal and business Brick Investor accounts as well as to ensure that you are compliant and that the platform and features satisfy your requirements. Brick Investor does not provide any advice or take any responsibility for information that you receive through our Platform and Services.
3. The Terms of Use published on the date you view them on the Platform supersede all prior versions.
4. If any provision of the Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining parts of the Terms of Use will be in full force and effect.
5. If we are unable to perform our Services as stipulated in the Terms of Use due to circumstances out of our control, including but not limited to, change of law, regulations or policy, or an event of Force Majeure, we will not be held liable.
6. These Terms of Use are governed by the laws of the State of South Australia and in the event that we have a legal dispute relating to this Platform or these Website Terms and Conditions, the Courts of South Australia will have non-exclusive jurisdiction.