1.1. “Account User” means each person from the Account Owner’s business, or Account Owner’s Customer’s business other than the Account Owner, that uses the Service with the authorisation and the access provided by the Account Owner from time to time.
1.2. “Account Owner” means the person who registers to use the Service or the bill payer or credit card holder responsible for paying for the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
1.3. “AML/CTF Act” means Anti-money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and includes any regulations and rules passed under that AML/CTF Act.
1.4. “Application” means the application to register for the Likwidity Services and
1.5. “ADI” means an authorised deposit taking institution as defined in the Banking Act 1959 who will be offering Price Quotations to Clients
1.6. “Bulk or Pooling” or “Bulking” means the pooling or aggregation by Likwidity of Orders which are generally of the same nature
1.7. “Client” means a User duly registered for the Likwidity Services who will be submitting Orders
1.8. “Closing Date” means the date and time Specified from time to time before or on which a Price Quotation must be submitted;
1.9. “Confidential Information” includes all information directly or indirectly made available or exchanged between the parties to this Agreement, whether in writing, electronically or orally, including through use of the Service.
1.10. “Platform” means the software hosted on the Website through which Likwidity provides the Likwidity Services;
1.11. “Facility” means an appropriate Product account of a Client with a ADI, as required by ADIs from time to time;
1.12. “Guest” means any person accessing the Website who is not a Client or ADI;
1.13. “Intellectual Property Right” means any and all intellectual or industrial property rights and interests held, owned or lawfully used, anywhere in the world, whether or not registered, including, without limitation: (a) Patents, trademarks, service marks, copyright, registered designs, trade names, symbols and logos; (b) Patent applications and applications to register trademarks, service marks and designs; and (c) Formulae, methods, workflows, plans, data, drawings, specifications, characteristics, equipment, designs, inventions, discoveries, improvements, knowhow, experience, software products, trade secrets, price lists, costing and other information.
1.14. “Likwidity”, “we”, “us” or “our” means Likwidity Pty Ltd ACN number 619 192 737, which is a limited liability company incorporated in Australia, and all current and future global subsidiaries.
1.15. “Likwidity Account” means a current Subscription Plan(s) to the Service.
1.16. “Legislation” means all legislation and/or regulations applicable to the Products and the Likwidity Services;
1.17. “Likwidity Services” means the services provided by Likwidity in terms of this User Agreement;
1.18. “Order” means an order from a Client to ADIs to buy or sell Products in accordance with the provisions of clause 6;
1.19. “Order Receipt Date” means the date and time at which Likwidity receives an Order from the Client;
1.20. “Order Listing Date” means the date of Posting of the Order on the Platform;
1.21. “Post” means submitting an Order;
1.22. “Price Quotation” means a quotation given by a ADI to a Client to execute an Order as provided for in clause 7;
1.23. “Products” means the financial instruments or products traded via the Platform from time to time, including cash and money market deposits;
1.24. “Subscription Charges” means the monthly fee (excluding any taxes and duties) payable by You for the Services and Your Subscription Plan as notified to you.
1.25. “Service” means the online platform for transacting Term and Call deposits and all related software, mobile applications, IT infrastructure and support services provided accessed and used using Client and ADI company code, login name and password or Your Account User’s login and password. These services may be changed or updated from time to time by Likwidity via the Website.
1.26. “Settlement Date” means the date and time at which the Transaction must be executed between the Client and ADI;
1.27. “Specified” means displayed or explained on the Website;
1.28. “Submit” or “Submission” means sending information to Likwidity via the Website or by electronic mail subject to the provisions of clause 6.1;
1.29. “Subscription Plan” means the modules selected by an Account Owner which determines the extent and type of Service provided, the maximum number of Account Users permitted to access the Service, and the Subscription Charges.
1.30. “Transaction” means buying and/or selling of Products via the Platform;
1.31. “User or You” means a Client or ADI, as the case may be, and includes a Guest; unless specifically referred to as a Client User or ADI User
1.34. “User Agreement” means this agreement as amended from time to time;
1.35. “Website” means the Internet site at the domain www.Likwidity.com or any other site operated by Likwidity Co Pty Limited.