Terms & Conditions

1.

Introduction

1.1

This Website aims to be a business introduction service identifying issuers and sellers of securities and managed investment schemes relating to businesses and other entities who have investment opportunities and issuers of other financial products and introducing them primarily to wholesale, sophisticated and professional investors. These Terms contain important information including disclaimers and limitations of liability and should be read, understood and accepted by all users of this Website.

2.

Expressions used in the Terms

2.1

Set out below is the meaning of some of the expressions and words used in these Terms:

Content means any content, information, graphs, images, communications, advice, text or other material on the Website, and includes IM Content and Listee Content.

IM, us, our or we refers to InvestmentMarkets (Aust) Pty Ltd ABN 87 634 057 248.

IM Content means any Content provided by or originated by IM.

Listee(s) means a person or entity who is looking to issue or sell Securities or other financial productsand advertises such investment opportunity on the Website for the purpose of being introduced to or connected to potential investors in those Securities or financial products.

Listee Content means Content provided by, sourced from or originated by a Listee.

Member refers to a person or entity who signs up and creates an Account as a member of the Website.

Member Content means Content provided by, sourced from or originated by a Member.

Securities means securities and managed investment scheme interests relating to bodies, businesses or other entities and also includes those items included within the term Securities as defined in the Corporations Act 2001 (Cwth).

User(s), you, your refers to you a user of the Website (whether a Member or not).

Website means www.investmentmarkets.com.au

3.

Your acceptance

3.1

These are the terms upon which IM permits Users to:

(a)

Access and use our Website and functionality made available through the Website; and

(b)

View and interact with any Content.

3.2

You agree to be bound by these Terms by:

(a)

Using, browsing or accessing any part of the Website; or

(b)

Becoming a Member through the Website.

3.3

If you do not accept these Terms you must refrain from using the Website.

3.4

will be collected, used and handled by IM for the purposes contemplated by these Terms and otherwise for the Purposes set out in IM’s Privacy Policy. The Privacy Policy forms part of these Terms and can be found at www.investmentmarkets.com.au. You agree that, by using the Website or communicating with IM, you have read and understand these Terms and the Privacy Policy, understood its contents and consented to these requirements.

4.

Changes to the Website

4.1

The Website is subject to change at any time without notice and may contain errors or omissions.

5.

Registration of Accounts

5.1

Although you may be able to browse certain parts of the Website without creating an account or providing your details, in order to access certain parts, features and functionalities of the Website you will have to register as a Member through the Website by creating an account (Account) and by providing us with all of the information required including by entering Account identification and password (Password) at registration.

5.2

When creating your Account, you will be asked to provide your personal details or connect your Account with your Facebook or Linkedin accounts. This information will assist us in providing certain services associated with the Website to you.

5.3

You warrant that all information and data provided by you in the registration of your Account is accurate, complete and up to date. You undertake to promptly inform IM if there is any change to this information or data.

5.4

You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify IM of any Password which is lost, inoperable or used in an unauthorised manner.

5.5

You will be fully responsible for all acts and omissions of any person using your Password and Account, as if they were your own acts and omissions. You agree that you will not share, disclose, or permit disclosure of, your Password, let anyone else access your Account or do anything that would risk the security of your Account. IM will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of your Password and Account, and you will indemnify IM against all loss, damage, claims, costs or demands in this regard.

5.6

You must notify us immediately if you become aware of any unauthorised access or use of your Account.

5.7

You agree that if we disable or terminate your Account for any reason, you will not create another one without our permission, whether through the use of your own personal details or those related to you or created by you.

5.8

We reserve the right to refuse registration of any Account, at our sole and absolute discretion.

5.9

Your registration as a Member may be refused if your Member Content involves:

(a)

Any of the prohibited uses as set out in clause 8; or

(b)

Is otherwise deemed inappropriate in our absolute discretion.

6.

Termination of your Account

Without limiting clause 14, we may terminate your Account or licence to use the Website at any time immediately by notice in writing if you breach any of these Terms.

7.

Website Content

7.1

The Website contains Listee Content.

7.2

Listees may comprise:

(a)

issuers and sellers of securities of managed investment scheme interests who are promoting offers of securities or interests pursuant to ASIC Class Order 02/273, in which case we will require you to be a Member and to acknowledge certain limitations of the information provided by such issuers and sellers prior to being able to access the name of that issuer or seller;

(b)

issuers and sellers of securities who provide information only to sophisticated investors pursuant to section 708(8) of the Corporations Act (Cth) 2001 (Corporations Act) and to professional investors pursuant to section 708(11) of the Corporations Act, in which case you must only access this information if you are a sophisticated investor or professional investor;

(c)

issuers and sellers of financial products who provide information only to wholesale clients (as defined in section 761G of the Corporations Act), in which case you must only access this information if you are a wholesale client and you will need to confirm your status in order access such information; and

(d)

issuers and sellers of securities and financial products who provide information in relation to regulated offers, being offers which are made pursuant to a prospectus, product disclosure statement or other disclosure document issued pursuant to the Corporations Act.

7.3

The IM Content on the Website is for general information and promotional purposes only. IM does not warrant or make any representations as to any third party products or services described or referred to on the Website, including Listee Content. Any use of IM Content, Listee Content or other materials or information uploaded to the Website by another person or organisation is at your own risk. IM will not be liable for any inaccuracies in Content on the Website. You should confirm any Content with the person or organisation to which it relates.

7.4

IM is not liable for the accuracy or content of any Listee Content. To confirm the details of a Security or financial product that you are interested in and have seen on the Website, you should contact the relevant Listee.

7.5

Information provided by IM on the Website is not intended as a substitute for financial advice. Because the Website has been prepared without consideration of any specific person's investment objective, financial situations or needs, an investment adviser should be consulted before any investment decision is made. Users acting on this information without first consulting an adviser do so entirely at their own risk.

7.6

The IM Content on the Website is obtained and developed from a variety of sources including but not limited to collaborationswith third parties and information provided by third parties under licence. Inclusion of IM Content, Listee Content or other information uploaded by any other person or organisation on the Website is not an endorsement by IM of any organisation, product or service.

7.7

If you have a complaint regarding any Content, contact us at info@investmentmarkets.com.au setting out the details of your complaint. IM review any written complaint notified to it and, if it sees fit, in its sole discretion, to refer the complaint by notifying the relevant Listee or third party content provider, or to itself modify or remove the particular IM Content, Listee Content or third party content (as applicable).

7.8

All intellectualproperty rights, including copyright, in the Website and IM Content (excluding Listee Content) are owned or licensed by IM or any of its related entities. You must not copy, modify or transmit any part of the Website or IM Content.

7.9

The Website contains trademarks, logos and trade names of IM, Listees or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on the Website.

7.10

If you are a Member, IM grants you a non-exclusive and non-transferable licence to use the Website for your own personal use, including to browse the Website for offers displayed on the Website and evaluate or compare the offers according to your needs.

7.11

The Website contains factual information only. You should review the IM Content and Listee Content carefully and contact Listees if you have any queries about Listee Content or require further information, and consider obtaining independent advice before making any financial decisions.

8.

Prohibited Uses

You agree that in accessing and using our Website, you will not engage or attempt to engage in any activities that:

(a)

Post, link to, or otherwise communicate or distribute any material or information of any kind which brings IM or the Website into disrepute or any misleading, deceptive, inappropriate, profane, defamatory, infringing, obscene, threatening, discriminatory, harassing, abusive, offensive, racially or sexually vilifying, indecent or unlawful material or information of any kind, or otherwise use the Website in a manner, which is unlawful or would infringe the rights of another person including any intellectual property rights;

(b)

Download (other than page caching) or modify the Website or any portion of the Website;

(c)

Frame the Website without IM’s express written permission;

(d)

Impersonate or falsely claim to represent a person or organisation;

(e)

Bypass (or attempt to bypass) any security mechanisms imposed by the Website;

(f)

Provides access or links to any material (including links to peer to peer network trackers/beacons) which may infringe the intellectual property rights of another person;

(g)

Deletes or alters or attempts to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website;

(h)

Knowingly posts or transmits or permits the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;

(i)

Solicit information (including login information) or access an Account other than your own Account; or

(j)

Post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.

9.

Links and advertisements

9.1

The Website may contain links to other websites owned or operated by third parties, including websites owned or operated by Listees. We have not reviewed all of the third party websites linked to the Website and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). IM provides those links as a ready reference for searching for third party products and services on the internet and not as an endorsement of those web sites, their operators, the products, services or content that they describe.You accept that such third party websites may not adhere to a privacy principle or be governed by Australian privacy principles contained in the Privacy Act 1988 (Cth).

9.2

Facebook, Linkedin and other third party websites which are linked to the Website are not covered by these Terms and may have their own terms and conditions and privacy policy. If you choose to access third party websites linked to the Website, you do so at your own risk. IM is not responsible for and will not be liable in respect of any incorrect link to an external web site, the content or operation of those websites, or any of the goods, services or content that they describe.

10.

Access and communication

10.1

Subject to the consumer guarantees provided for in the Australian Consumer Laws, IM does not warrant that you will have continuous access to the Website. To the extent permitted by law, IM will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.

10.2

IM does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and IM does not guarantee the security or confidentiality of these communications or the security of the Website.

10.3

IM does not guarantee or warrant that any files available for downloading via the Website will be free of infection or computer virus or other harmful data, code or material. You are responsible for implementing appropriate practices, programs and procedures to satisfy your particular requirements for technological functionality, protection of data and systems, the accuracy of data input and output, and for maintaining sufficient means for the recovery of any lost data.

10.4

IM does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

10.5

Subject to clause 12.2, IM assumes no responsibility for the accuracy, correctness, timeliness of any Content.

11.

Privacy

11.1

Any personal information submitted by you through the Website, whether personal information of you or another individual which you have the necessary consents to provide as contemplated by these Terms, including but not limited to:

(a)

Any Member Content; and

(b)

information you provide (such as by submitting an enquiry to a Listee or otherwise contacting a Member) through the Website,

will be collected, used and handled by IM for the purposes contemplated by these Terms and otherwise for the Purposes set out in IM’s Privacy Policy. The Privacy Policy forms part of these Terms and can be found at http://www.investmentmarkets.com.au. You agree that, by using the Website or communicating with IM, you have read and understand these Terms and the Privacy Policy, understood its contents and consented to these requirements.

11.2

You must not upload any personal information of another individual to the Website unless you first make them aware of IM’s’ Privacy Policy and have their consent to upload such personal information.

11.3

You acknowledge that if you contact another Member or a Listee through the Website then that person may collect, use and disclose your personal information in accordance with that Member's or Listee’s privacy policy. If you contact these third parties, you do so at your own risk. Subject to the Privacy Act 1988 (Cth), IM is not responsible for and will not be liable in respect of any privacy practices of a Member or a Listee who appears on the Website.

11.4

You consent to the use of the personal information ( as defined in the Privacy Act 1988 (Cth)) that we collect from you for direct marketing (including emailing or mailing you). You may, however, request at any time not to receive direct marketing material when you use our services.

12.

Warranties and Limitation of Liability

12.1

Subject to clause 12.2, any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.

12.2

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.

12.3

Subject to this clause 12 and the consumer guarantees as provided for in the ACL, IM excludes any and all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the IM Content, the services listed on the Website, Listee Content and all links to or from the Website and makes no representation that the Website or the products or services listed on the Website will meet your requirements or expectations.

12.4

Subject to your rights under the ACL, IM will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of revenue, loss of data or loss of reputation (whether based on contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the IM Content, the services listed on the Website, Listee Content, the conduct of any Users, all links to or from the Website or the goods and services advertised or referred to on the Website.

12.5

Subject to this clause 12 and your rights under the ACL, the maximum aggregate liability of IM for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $1,000.00.

13.

Indemnity

You will fully indemnify IM in respect of any and all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

(a)

Any breach of any of these Terms by you;

(b)

Your use of the Website;

(c)

Member Content you post on or via the Website;

(d)

Any third party use of the Website through your Account (whether authorised or not);

(e)

Any claim relating to acts or omissions of any third party (including Listees on the Website) you might engage; and

(f)

Your communications with IM.

14.

Termination of your access to the Website

IM may, without prior notice, at any time immediately suspend or terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole and absolute discretion and without prior notice.

15.

Risk warning

Investing in any Securities and in particular unlisted, off-market and/or illiquid Securities involves a number of risks and challenges. If you choose to acquire Securities displayed on the Website you need to be aware of and accept:

(a)

Loss of capital – many businesses and entities (whether unlisted or listed on a stock exchange) fail and if you acquire a Security in one you may lose all of your investment or not see a return of capital or a profit. You should not invest more money on Securities displayed on the Website than you can afford to lose without altering your standard of living;

(b)

Illiquidity – the market of many of the Securities displayed on the Website may be considered to be illiquid and likely to remain illiquid. Any Member or User must seek their own independent expert advice as to the value, suitability and prospects for any Securities to be acquired in any manner by them. IM is irrevocably released and forever released by any Member or User in relation to the value, suitability and prospects for any Securities displayed on the Website;

(c)

Diversification – investing in businesses and Securities should ideally be done as part of a diversified portfolio. This means that you should invest relatively small amounts in multiple businesses, entities or Securities rather than a lot in one or two businesses, entities or Securities. It also means that you should invest only a small proportion of your investable capital in early-stage businesses as an asset class, with the majority of your investable capital invested in safer, more liquid assets.

16.

No investment advice

The content of the Website is purely factual information and does not involve any recommendation or statement of opinion by us or any other person. It is not intended to be personal financial advice, does not take into account your objectives, financial situation or needs and you should not treat it at such. Before you make any investment decisions, you should obtain professional independent investment advice and consider any relevant disclosure documents. IM does not endorse or recommend or advise investment in any securities, investments or financial products referred to on the Website. Nothing on the Website is, or shall be, construed as an offer by IM of, or an invitation to take up, securities or investments.

17.

Disclosure of interest

IM may receive payments or other commercial benefits (particularly from Listees) in connection with the Website or matters referred to in it. IM and its associates may hold securities or an interest in a business or entity displayed on the Website.

18.

Jurisdiction and law

These Terms are governed by and must be construed in accordance with the laws of the State of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and their subject matter.

19.

International Use

We make no representation or warranty that any information or content accessible through the Website are appropriate or available for use in locations outside Australia. If you view the contents of, or use, the Website from locations outside of Australia, you are solely responsible for compliance with the laws of the jurisdiction in which you view the contents or use the Website and you warrant to us that your viewing and use of the Website complies with such laws.

20.

Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

21.

Contacting us

If you have questions about the Website or the Terms, please contact us by email at
info@investmentmarkets.com.au or by telephone at +61 (0) 7 3220 3428.

Last Updated: 1 October 2021

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