Terms of Use

These Contractual Terms of Use govern your access to and use of the Kinetic Capital Partners platform, which includes our website, any sub-domains, mobile site, mobile and voice-assistant applications, APIs and widgets (together, "Platform"). By using the Platform, you agree to be bound by these Terms of Use and the guarantees set out in the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth). If you do not agree to these Terms of Use, you must not use the Platform. We may update these Terms of Use from time to time. If we make material changes, we will provide you with at least 14 days' notice before the changes take effect, either by email or through an in-product notification. Your continued use of the Platform after the changes take effect constitutes your acceptance of the updated Terms of Use.

The information provided on this Platform is general in nature and should not be relied on as legal, financial, or real estate advice. While we strive to ensure that information is accurate and up-to-date, we do not guarantee its completeness or accuracy. Nothing in these Terms of Use limits or excludes the guarantees, warranties, representations or conditions implied by law, including the Australian Consumer Law, to the extent they cannot be limited or excluded.

Under Australian Consumer Law, you have certain rights that cannot be excluded, restricted or modified. These include guarantees that services will be provided with due care and skill, that services will be fit for a particular purpose, and that services will be provided within a reasonable time. For major problems (such as services that are unsafe or significantly different from their description), you may be entitled to: - A refund for the price paid for the service - Replacement or re-supply of the service - Compensation for any reduction in value For minor problems that can be fixed within a reasonable time, we may choose to: - Repair, replace or re-supply the service within a reasonable timeframe - Provide a refund if the problem cannot be fixed

When using the Platform, you must not: - Use any automated device, software, process or means to access, scrape, index or retrieve any part of the Platform - Interfere with or disrupt the Platform or servers or networks connected to the Platform - Attempt to create a database by systematically downloading or storing Platform content - Transmit spam, chain letters, or other unsolicited communications - Violate any intellectual property rights of Kinetic Capital Partners or any third party - Pose or attempt to pose as another person or entity - Attempt to gain unauthorised access to any part of the Platform or any systems or networks connected to the Platform - Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature We may use any lawful means (including technological barriers) to prevent unauthorised access or misuse of the Platform.

All content on this Platform, including text, graphics, logos, images, and software, is the property of Kinetic Capital Partners Pty Ltd or its licensors and is protected by Australian and international copyright laws. You may download and print content from the Platform for your personal, non-commercial use only. Any other reproduction, modification, distribution, or use of the content without our prior written consent is prohibited. The Kinetic Capital Partners name, logo, and all related product and service names, design marks, and slogans are trademarks of Kinetic Capital Partners Pty Ltd.

The Platform may contain hyperlinks to external websites and may display advertisements or promotions from third parties. Those external sites are not under our control. We do not endorse, and are not responsible for, their content, accuracy, or privacy practices. Content provided by parties other than Kinetic Capital Partners is Third-Party Content. We do not monitor or endorse Third-Party Content and are not responsible for it. Your dealings with third parties found on or through the Platform are solely between you and the third party.

You retain ownership of any content you upload, submit, or post to the Platform ("User Content"). However, by submitting User Content, you grant Kinetic Capital Partners a worldwide, non-exclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content for operational and promotional purposes. You must not submit User Content that: - Is illegal, defamatory, obscene, or otherwise objectionable - Infringes the intellectual property or privacy rights of any third party - Contains malicious code or is designed to interfere with the Platform

By using the Platform, you represent and warrant that: - Your use of the Platform complies with these Terms of Use and all applicable laws - You will follow all reasonable directions given by us regarding the use of the Platform - You will maintain the security and confidentiality of your login credentials - You accept responsibility for any unauthorised access to your account that results from your failure to maintain the security of your credentials

You agree to indemnify and hold harmless Kinetic Capital Partners, its officers, directors, employees, and agents from and against any losses, liabilities, claims, damages, costs, and expenses (including legal fees) arising out of or in connection with: - Your breach of these Terms of Use - Your use of the Platform in a manner that is unlawful or in breach of any third party's rights - Any User Content you submit to the Platform

Except as expressly provided in these Terms of Use, and to the maximum extent permitted by law: - We exclude all liability for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Platform - Our total aggregate liability to you for all claims arising out of or in connection with these Terms of Use is limited to the greater of AUD $100 or the total fees you paid us in the preceding 12 months These limitations do not apply to liability for death or personal injury caused by our negligence, or to any liability that cannot be excluded under the Australian Consumer Law.

If you have any concerns or disputes about the Platform or these Terms of Use, we encourage you to first contact us directly at groupsupport@kineticcapital.partners so that we can try to resolve the issue. If we cannot resolve the dispute, either party may refer the dispute to mediation, to be conducted in Brisbane in accordance with the Resolution Institute Mediation Rules. If the dispute is not resolved through mediation within 30 days, either party may commence court proceedings in the courts of Queensland, Australia.

These Terms of Use, together with any other agreements or policies referenced herein, are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia for the resolution of any disputes arising out of or in connection with these Terms of Use or your use of the Platform.

We collect and use your personal information in accordance with our privacy practices and the Australian Privacy Principles. We: - Only collect information that is necessary for our business operations - Maintain appropriate security measures to protect your information - Allow you to access and correct your personal information on request - Do not sell your personal information to third parties For more information about how we handle your personal information, please contact us.

If you have any questions about these Terms of Use, please contact us: Kinetic Capital Partners Pty Ltd Unit 3 / 10 Vine Street Clayfield QLD 4011 Australia Email: groupsupport@kineticcapital.partners Phone: 0468 036 250 ACN: 691 623 515 ABN: 83 691 623 515