Terms of Service

Last Updated: October 24, 2023

Welcome to MyStocks Private Markets. These Terms of Service ("Terms") govern your access to and use of our website, services, and platform (collectively, the "Services"). Please read these Terms carefully as they constitute a legally binding agreement between you and MyStocks Technologies (Pty) Ltd ("MyStocks Private Markets", "we", "us", or "our").

1. Acceptance of Terms

By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Services. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Services after any modification constitutes your acceptance of the new Terms.

2. Description of Service

MyStocks Private Markets is a financial technology platform that provides information and access to investment opportunities in private companies, including pre-IPO securities and secondary market transactions. We are not a registered broker-dealer, investment adviser, or funding portal. All securities-related activities are conducted through licensed third-party partners, including but not limited to Augment Markets ("Partners"). The Service is intended for sophisticated investors who understand the risks involved in private market investments.

3. Eligibility and User Representations

The Services are intended solely for users who are of legal age in their jurisdiction and, where applicable, are "accredited investors," "qualified purchasers," or otherwise meet the eligibility requirements for investing in private securities under applicable law. By using the Services, you represent and warrant that:

  • You are of legal age to form a binding contract.
  • You meet all applicable eligibility requirements for your jurisdiction.
  • All information you provide to us is accurate, current, and complete.
  • You will maintain the accuracy of such information.
  • Your use of the Services does not violate any applicable law or regulation.
  • You have the financial sophistication and knowledge to evaluate the risks of any investment you make through the platform.

We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.

4. User Accounts

To access certain features of the Service, you must create an account. You are responsible for all activities that occur under your account. You agree to: (a) provide accurate, current, and complete information during the registration process; (b) maintain and promptly update your account information; (c) maintain the security and confidentiality of your password and accept all risks of unauthorized access to your account; and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Service or your account.

5. User Conduct and Obligations

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Engage in any activity that is fraudulent, false, or misleading.
  • Use the Services to distribute unsolicited promotional or commercial content, or spam.
  • Use any robot, spider, or other automated means to access the Services for any purpose without our express written permission.
  • Introduce any viruses, trojan horses, worms, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
  • Violate or encourage others to violate the rights of third parties, including intellectual property rights.

6. No Investment Advice

The content and information available through the Services are for informational purposes only and do not constitute investment, financial, legal, or tax advice. MyStocks Private Markets is not a fiduciary by virtue of any person's use of or access to the Services. We do not recommend any securities. All investment decisions are your sole responsibility. You should consult with your own independent financial, legal, and tax advisors before making any investment decision.

7. Risks of Investment

You acknowledge and agree that investing in private securities involves a high degree of risk. These risks include, but are not limited to, illiquidity, loss of principal, lack of dividends, and dilution. Private investments are not publicly traded and, therefore, are illiquid. There is no guarantee that a market will develop for the securities. You should not invest more than you can afford to lose. You should carefully review all risk factors associated with any specific investment opportunity before making an investment.

8. Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by MyStocks Private Markets, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use only.

9. Third-Party Services and Links

The Services may contain links to third-party websites or services that are not owned or controlled by MyStocks Private Markets. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that MyStocks Private Markets shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

10. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MYSTOCKS PRIVATE MARKETS NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.

IN NO EVENT WILL MYSTOCKS PRIVATE MARKETS, 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 SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

12. Indemnification

You agree to defend, indemnify, and hold harmless MyStocks Private Markets, 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 fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

13. Dispute Resolution and Governing Law

These Terms and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any choice or conflict of law provision. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of Cape Town, South Africa.

14. Miscellaneous

Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement: The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and MyStocks Private Markets regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Contact Us

If you have any questions about these Terms, please contact us at support@mystocks.markets.