Terms and Conditions

1. What these Terms and Conditions cover
These Terms and Conditions apply to your use of the Portal. By browsing, accessing, or using the Portal you accept and agree to be legally bound by these Terms and Conditions. If you register an Account on behalf of an organisation, you are deemed to have confirmed to us that you are an agent or an employee of that organisation and you are authorised to accept these Terms and Conditions on behalf of that organisation. If you do not agree to the terms of these Terms and Conditions, do not click “I accept” and do not access or use the Portal.

2. Contact
You can contact BioExchange by email: enquiries@bioexchange.com.au.

If BioExchange needs to contact you it will do so by writing to you at the email address you provided when you register an Account. In addition to or as an alternative to email contact, for general notifications applicable to the Portal, we may place a notification on the Portal.

3. Using the Portal
3.1 Accessing and using Portal
(a) Subject to clause 3.2, you must register an Account in order to access and use the Portal and you warrant that the information you provide when registering is true, accurate and complete. It is your responsibility to inform us of changes to any information that you provide to us. You may do this by updating the relevant details on the Portal or contacting us in accordance with clause 2.
(b) To register an Account, you must:
(i) provide BioExchange with accurate and current personal information (including your name, address, and email address);
(ii) for an Investor Account, name, description and business license number of the company you are currently working in and on behalf of; and
(iii) for a Project Owner Account, name and description of the organisation which has the ownership of the projects you are going to upload to the Portal.
(c) You must keep your password secure and not disclose it to any other person or permit your username and password to be given to or used by any other person. You are liable for any activities of any person using your Account.
(d) You must comply with any reasonable instructions issued by us about the method for accessing the Portal and your use of the Portal.
(e) You must only access and use the Portal in accordance with these Terms and Conditions and any applicable laws.

3.2 Account vetting
Once an Account registration is initiated, we will use reasonable endeavours to promptly review the new Account registration to determine whether we will approve the creation of the Account. We may approve or reject the registration of an Account in our sole discretion.

3.3 International usage
This Portal may be accessed from outside of Australia. We make no representation that the Portal, or your use of the Portal, complies with the laws of any country outside Australia. If you access the Portal from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

3.4 Prohibited activities
You must not, and must not attempt to:
(a) modify, translate, create or attempt to create derivative copies of the Portal in whole or in part or associated documentation, software or applications;
(b) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Portal to source code form;
(c) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer your right to use the Portal (including Accounts);
(d) circumvent any usage or other restrictions imposed by us in connection with the Portal;
(e) use the Portal or associated documentation, software or application for commercial (except for those purposes contemplated in these Terms and Conditions), resale or application development purposes;
(f) use the Portal for unlawful purposes;
(g) interfere with or disrupt the operation of the Portal or the servers or networks that host the Portal;
(h) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Portal; or
(i) interfere with security-related or other features of the Portal.
We may refer fraudulent, abusive or illegal activity to the relevant authorities.

3.5 General Account holder warranties
You warrant that:
(a) you own all rights in the Submitted Material that you provide (including, but not limited to, any Personal Information (as defined in the Privacy Act 1988 (Cth))) and have obtained and will maintain all necessary licences, consents and permissions necessary for us to host, and provide access to, the Submitted Material on the Portal;
(b) the Submitted Material you provide:
(i) is true and accurate and complies with all relevant laws;
(ii) does not infringe any persons rights (including Intellectual Property rights), and that the use of all submitted material does not and will not infringe any person’s rights (including Intellectual Property rights);
(iii) is not Prohibited Content;
(iv) is not misleading or deceptive or likely to mislead and deceive;
(v) is not comprised of anything which may adversely reflect on the Portal or BioExchange;
(c) you will comply with all applicable laws in relation to your use of the Portal, including all laws in relation to handling and use of personal information; and
(d) that any inaccuracies or deficiencies discovered in the Submitted Material after listing on the Portal will be rectified as soon as possible following discovery.

3.6 Specific Account holder acknowledgements
(a) If you are a Project Owner, you acknowledge that:
(i) we can remove Listed Projects at any time without your consent or providing you with prior notice. If we do remove your Listed Project, we will use reasonable endeavours to notify you as soon as reasonably practicable after the relevant action occurs;
(ii) the Portal is only designed to facilitate contact between Investors and Project Owners and that we make no representation:
(A) that an Investor will contact you in relation to your Listed Project; or
(B) about the legitimacy, suitability or financial viability of any Investor who contacts you through the Portal;
(iii) you are responsible for conducting any necessary due diligence to verify the Investor (including the legitimacy, suitability and financial viability of the Investor); and
(iv) the Portal is not a payments or investment facilitator and BioExchange is not involved with, or a party to, any agreement that may be reached between you as a Project Owner and an Investor concerning a Listed Project.
(b) If you are an Investor, you acknowledge that:
(i) BioExchange in no way endorses the Listed Projects or makes any representation as to the accuracy, viability or quality of any Listed Projects;
(ii) you are responsible for conducting any necessary due diligence to verify the suitability of the Listed Project for your own requirements and to determine if the Listed Project is suitable for your investment purposes; and
(iii) the Portal is not a payments or investment facilitator and BioExchange is not involved with, or a party to, any agreement that may be reached between you as an Investor and a Project Owner concerning a Listed Project.

4. Confidentiality, privacy and Intellectual Property
(a) You must not use or disclose any confidential information obtained through using the Portal except for the purposes contemplated in these Terms and Conditions.
(b) BioExchange and its third party providers own all right, title and interest (including Intellectual Property rights) in and to the Portal and any associated documentation, content (excluding the Submitted Materials), software and applications (including any modifications or enhancements).
(c) You own all rights, title and interest (including Intellectual Property rights) in and to your Submitted Materials. You grant BioExchange a perpetual, irrevocable, non-exclusive, worldwide, royalty-free licence (including a right to sublicense) to disclose, modify, use, copy, cache, store and display, reproduce and process the Submitted Materials (including all Intellectual Property rights therein) for the purposes of operating the Portal.
(d) To the extent we collect any Personal Information (as defined in the Privacy Act 1988 (Cth)) through the Portal, we will manage that Personal Information in accordance with our privacy policy.

5. Third party content
(a) From time to time, BioExchange or other Account holders may include advertising and links to third party websites on the Portal. BioExchange makes no representation or warranty as to, and is not responsible for, the accuracy or any other aspect of the information in any advertisement or linked third party website and is not responsible for the security or safety of the link.
(b) The inclusion of a link or advertisement does not imply BioExchange’s endorsement, recommendation or support of the applicable website or any information, opinions, goods or services referred to on it. You acknowledge and agree that any access to and use of linked third party websites is at your own risk and that we are not responsible for any losses incurred by you or anyone else in connection with any link or advertisement provided on the Portal.
(c) Where you find content on the Portal which you reasonably consider to be Prohibited Content, you may notify us in accordance with section. BioExchange will use its reasonable endeavours to review the Prohibited Content as soon as reasonably practicable. BioExchange makes no representation that the Prohibited Content will be amended or removed and the decision to do so is at the sole discretion of BioExchange.

6. Indemnity and liability
6.1 Indemnity
You indemnify BioExchange and its related bodies corporate, officers, directors, employees, agents, suppliers, successors and assigns (collectively, the Indemnified Parties) against all loss, damage, cost or expense incurred by the Indemnified Parties to the extent arising from or in connection with:
(a) your use of the Portal; and
(b) the Submitted Materials you provide.

6.2 Exclusions and limitations
(a) Except where expressly set out in these Terms and Conditions and to the maximum extent permitted by law, the Portal is provided on an “as-is” basis and BioExchange excludes all representations, warranties, statutory guarantees, obligations and liabilities in connection with the Portal (including any Submitted Material).
(b) BioExchange does not guarantee that your access to the Portal will be uninterrupted or error free. BioExchange’s liability for breach of any statutory guarantee or term implied by statute which cannot be excluded is (to the extent permitted by law) limited to supplying the services again or (at our option) payment of the cost of such resupply.
(c) In no event shall BioExchange be liable for any special, indirect, incidental or consequential damages, loss of profits and goodwill, business or business benefit, loss of data or use of data, or the cost of procurement of substitute products or services by you even if advised of the possibility of such damages. To the extent permitted by law, BioExchange’s aggregate liability under these Terms and Conditions shall be limited to $10.

7. Termination and suspension
(a) Without prejudice to our other rights under this Agreement, BioExchange may suspend (including by disabling your Account) or terminate your access to, the Portal (including by terminating these Terms and Conditions) without notice if we reasonably believe that you, or any person using your Account has breached these Terms and Conditions.
(b) BioExchange may terminate these Terms and Conditions and your access to the Portal without cause by providing you with 14 days written notice.
(c) Clauses 4 (Confidentiality, Privacy and Intellectual Property), 6 (Indemnity and Liability), and 8 (General) along with any other clause which by its nature is intended to survive termination of these Terms and Conditions, shall survive the termination of these Terms and Conditions.

8. General
8.1 Entire agreement
These Terms and Conditions constitute the entire agreement between you and BioExchange and supersede all previous agreements, understandings and negotiations in relation to your use of the Portal.

8.2 Changes to the Portal and the Terms and Conditions
We reserve the right to revise and amend at our discretion:
(a) these Terms and Conditions by publishing the amended Terms and Conditions on the Portal; and
(b) the functionality and nature of the Portal.
Your continued use of the Portal after an amendment will mean that you agree to that amendment. You must stop using the Portal if you do not agree to an amendment.

8.3 Assignment
BioExchange may assign or transfer its rights and obligations under these Terms and Conditions to another person without notice. You may not assign, delegate, or otherwise transfer any of your rights or obligations under these Terms and Conditions.

8.4 Severability
If any part of these Terms and Conditions are invalid or unenforceable, these Terms and Conditions do not include it. The remainder of these Terms and Conditions continue in full force.

8.5 Survival
Each provision of these Terms and Conditions survives termination to the extent expressed, contemplated, or required to give effect to that provision.

8.6 No waiver
BioExchange’s failure or delay to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right.

8.7 Jurisdiction
These Terms and Conditions shall be governed by and construed pursuant to the laws for the time being in force in Victoria. The parties submit all disputes arising between them to the courts of Victoria and any court competent to hear appeals from those courts of first instance.

9. Interpretation
In these Terms and Conditions:
(a) Account means:
(i) an Investor Account; and/or
(ii) a Project Owner Account.
(b) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(c) BioExchange, we, us, or our means the BioExchange web Portal.
(d) Intellectual Property means any copyright, patent, trade mark, design, or other related statutory or common law right, anywhere in the world, whether registered or capable of registration or not.
(e) Investor means an Investor Account holder.
(f) Investor Account means an account on the Portal which is designed to allow the account holder to browse, and review information related to, Listed Projects and assess whether it wishes to contact the Project Owner for more information.
(g) Listed Project means a project listed by a Project Owner on the Portal.
(h) Portal means the BioExchange web portal found at https://bioexchange.asia/.
(i) Prohibited Content means material that:
(i) is false, inaccurate, defamatory, offensive, inflammatory, obscene, abusive, indecent or threatening;
(ii) infringes yours or a third party’s rights;
(iii) is xenophobic, racist, abusive, harassing or hateful;
(iv) is invasive of a person’s privacy or constitutes personal abuse directed at other users;
(v) constitutes commercial advertising (other than in relation to a Listed Project) or the promotion of gambling; or
(vi) contains links to other products that contain or promote the material identified in the paragraphs above.
(j) Project Owner means a Project Owner Account holder.
(k) Project Owner Account means an account on the Portal which is designed to allow the account holder to list one or more Listed Projects on the Portal in order to connect with Investors.
(l) Submitted Material means any material:
(i) uploaded to the Portal by an Account holder; or
(ii) otherwise provided to us by an Account holder, including any material relating to a Listed Project.
(m) Terms and Conditions means these terms and conditions as amended by BioExchange from time to time.

Privacy Policy

We are China BlueSky Ventures (Hong Kong company registration number: 1456474), as the operator of BioExchange on behalf of the Consortium for the Australia-China Life Sciences Partnership Program. Protecting your privacy is important to us. This policy explains how we manage personal information within our organisation.

Kinds of personal information we collect
The kinds of personal information that we collect and hold about you may include:

  • identifying information, such as your name and date of birth
  • contact information, such as your postal address, email address and telephone number
  • social media handles and other social media profile information that you make available to us or to the public
  • Usernames and passwords that you create when registering for an account with us
  • details of any services that we provide to you
  • records of our communications with you, including any messages you send us
  • device information, server log information, IP address, and location information

Without this information we may not be able to provide you with our services (or with all of the features and functionality offered by our services) or to respond to queries or requests that you submit to us.

How we collect personal information
We collect personal information about you in the following ways:

  • where you register for an account with us
  • when you upload a project onto the portal
  • when you submit a query or request to us
  • when you respond to a survey that we run or fill in forms on the portal
  • by tracking your use of our portal

In some cases we may be required by law to collect certain types of personal information about you.

Where we collect personal information from you, we will generally do so directly ourselves. However, in some cases we may collect personal information from a third party, such as through your representatives.

Purposes for which we use personal information
We use personal information that we collect about you for the following purposes:

  • to verify your identity when you are dealing with us
  • to determine your eligibility for our services
  • to enable us to provide our services
  • to answer your queries and requests
  • to comply with our legal and regulatory obligations
  • to monitor use of our services
  • to assess, maintain, upgrade and improve our services
  • to manage and resolve any legal or commercial complaints or issues
  • to carry out planning and forecasting activities and other internal business processes
  • to keep you informed about our activities, including by sending out newsletters

We may use and disclose your information for other purposes as authorised by you, or in accordance with your requests or instructions. 

People to whom we disclose personal information
You acknowledge and agree that we may share personal information about you with:

  • your representatives, advisers and others you have authorised to interact with us on your behalf
  • our staff who need the information to discharge their duties
  • related entities within our corporate group
  • our business partners, agents and service providers
  • government authorities who ask us to disclose that information, or to other people as required by law

Before sharing or disclosing your personal information, we will make commercially reasonable efforts to assess the legality, legitimacy and necessity of the disclosure of your personal information. We will accurately record the disclosure of your personal information, including the date, scale and purpose of disclosure. We will require third parties to whom we share your personal information to comply with laws and regulations when storing and processing your personal information, and do our best to require third parties to take protective measures against your personal information.

By using this Portal you consent to the disclosure of your personal information outside of Australia, to jurisdictions such as China.

We will not sell your personal information to any third party.

We use cookies to monitor and observe your use of our portal, compile aggregate data about that use, and provide you with a more effective service (which may include customising parts of our portal based on your preferences and past activities on those websites). “Cookies” are small text files created and stored on your hard drive by your internet browser software, in order to hold relevant information about the web page you are currently viewing. Most internet browsers have a facility that will allow you to disable cookies altogether – please refer to your browser’s help menu to find out how to do this. While you will still be able to browse our websites with cookies disabled on your internet browser, some website functionality may not be available or may not function correctly.

Storage and security of personal information

Personal information which we collected will be stored in the territory of Hong Kong, China. We take reasonable steps to ensure that any of your personal information which we hold is accurate, complete and up-to-date. These steps include promptly updating personal information when we are advised that the information has changed, checking our contact lists for accuracy, and providing individuals with a simple means to update their personal information.

We store personal information for as long as it is needed for the purpose for which it was collected or as required by law. We generally store the personal information that we collect in electronic databases, some of which may be held on our behalf by third party data storage providers. Sometimes we also keep hard copy records of this personal information in physical storage facilities. We use a range of physical and technical security processes and procedures to protect the confidentiality and security of the information that we hold, and we update these from time to time to address new and emerging security threats.

We store your personal information only for the period necessary for the purposes described in this Policy and within the time limits of laws, regulations and regulatory requirements. If we cease to operate, we will promptly stop the collection of your personal information, notify you of the cessation of operations, and delete or anonymize your personal information in due course.

Access, correction and deletion
If you want to access any of the personal information that we hold about you or to correct some aspect of it (e.g. because you think it is incomplete or incorrect), please contact us using the contact details set out below.

To protect the integrity and security of the information we hold, we may ask that you follow a defined access procedure, which may include steps to verify your identity.

If you find our collection and processing of your personal information are in violation of the applicable laws or our mutual agreements, you can contact us to delete or anonymize your personal information by using the contact details set out below. In certain cases we may charge you an administration fee for providing you with access to the information you have asked for, but we will inform you of this before proceeding.

There may be cases where we are unable to provide the information you request, such as where it would interfere with the privacy of others or result in a breach of confidentiality. In these cases we will let you know why we cannot comply with your request.

We try to meet the highest standards in order to protect your privacy. However, if you are concerned about the way in which we are managing your personal information and think we may have breached the Australian Privacy Principles, or any other relevant obligation, please contact us using the contact details set out below.

Complaints must be lodged in writing. We will deal with the matter within a reasonable time, and will keep you informed of the progress of our investigation.

If we have not responded to you within a reasonable time or if you feel that your complaint has not been resolved satisfactorily, you can contact us to discuss your concerns.

You are also entitled to make a complaint to the Office of the Australian Information Commissioner (OAIC). Contact details can be found at the OAIC’s website: www.oaic.gov.au

Special provision on right to privacy of minors
We will protect the confidentiality and security of minors’ personal information in accordance with the provisions of relevant national laws and regulations. If you are a minor pursuant to the laws and regulations of the place in which you reside, we recommend you to ask your parents or guardians to read this Policy and provide your information to us with the prior consent from your parents or guardians. We will only use or disclose this information if permitted by law, with the express consent of the parent or guardian, or if necessary to protect your rights and interests.

If your Guardian does not agree to your use of our services or to provide us with information, please immediately terminate your use of our services and notify us in a timely manner so that we can take appropriate action. If you are a parent or guardian of a minor, please contact us through the contact details below when you have questions about the personal information processing of minors in your custody.

Changes to this policy
We may make changes to this policy from time to time, to take into account changes to our standard practices and procedures or where necessary to comply with new laws and regulations.
The latest version of this policy will always be available on the portal.

Contact details
If you need to contact us or want any further information from us on privacy matters, please contact our privacy manager at:
Email: enquiries@bioexchange.com.au
Tel: +86 21 63335370
Add.: 2706 Finance Square 333 Jiujiang Rd Huang Pu District Shanghai P.R.C.