Disclaimer

Terms of Use

This is an information service. By browsing the website and/or using our search tools, you are asking us to provide you with information about financial products and credit products from various product providers. We are not a credit provider, and we are not making any suggestion or recommendation to you about credit products for your use nor are we trying to assist you to apply for a particular credit product with a particular provider. We provide general information only. Full product details, terms and conditions should be obtained from the relevant product provider. If you decide to apply for a product, such as a home loan, credit card or personal loan, you will deal directly with the product provider, and not with us.

Your acceptance of these terms of use

Your use of the information, graphics and materials on the www.startupscaleup.com.au website (“Material on this website”) is governed by these Terms of Use and the Privacy Policy.

If you use or access the StartUp ScaleUp website you accept these Terms of Use, the Privacy Policy, notices, disclaimers and any other rules of use contained on this website and changes to them that we may make from time to time. You should review them carefully and check periodically for any changes. If you do not agree with the Terms of Use, Privacy Policy, notices, disclaimers and any other rules you are not authorised to use the StartUp ScaleUp website.

We may modify these Terms at any time without notice to you by posting revised Terms on our sites. Your use of our sites constitutes your binding acceptance of these Terms, including any modifications that we make.

In addition to the terms contained in this document, there are also specific terms which form part of the Terms of Use and govern your use of, and access to, certain sections of the StartUp ScaleUp website. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the StartUp ScaleUp website.

Financial disclaimer

StartUp ScaleUp provides general information about products and services that should not be construed as financial advice or recommendations of particular products or services.

Material on this website may contain general information about products and services. Unless expressly stated otherwise, this information:

• does not constitute an offer or inducement to enter into a legally binding contract; and
• does not form part of the terms and conditions for said products and services.

For further information about a particular product or service please contact the provider of that product or service and read the full product disclosure statement.

None of the information on the website takes into account the objectives, financial situation or needs of any particular person. Before acting on any of the information you should first consider the appropriateness of the information, in the light of your own individual objectives, financial situation and needs.

It is advisable to obtain appropriate advice from an appropriately authorised financial planner or investment adviser before making any investment decisions or before purchasing financial products or services. The Australian Securities and Investments Commission (ASIC) website at www.asic.gov.au has a list of authorised financial planners and advisers and offers general guidance about investment decisions.

Links to other websites

The StartUp ScaleUp website may contain links to other websites operated by third parties (“Third Party Websites”). StartUp ScaleUp does not endorse, or approve of the operators of Third Party Websites, or the information, graphics and material on those Third Party Websites (“Third Party Material”), even when linked to from an “Apply Now” button.

Subject to any applicable law which cannot be excluded, StartUp ScaleUp makes no warranties or representations:

• regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or
• that Third Party Material does not infringe the intellectual property rights of any person. StartUp ScaleUp is not authorising the reproduction of Third Party Material by linking Material on this website to Third Party Material.

When you follow a link on the StartUp ScaleUp website, material at a Third Party Website may be displayed in your browser framed by Material on this website. This material is also Third Party Material for the purpose of these Terms of Use.

All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Website operator. In so far as such offers and statements are made on the StartUp ScaleUp website, such offers and statements are made by StartUp ScaleUp on behalf of the operator. StartUp ScaleUp expressly disclaims acting in any other respect on behalf of Third Party Website operators.

StartUp ScaleUp may receive payments from operators of Third Party Websites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Website from the StartUp ScaleUp website.

Warranties

While we have made every effort to ensure that information is free from error, StartUp ScaleUp does not warrant the accuracy, adequacy or completeness of Material on this website. All information is subject to change without notice. StartUp ScaleUp recommends that you seek independent advice before acting upon Material on this website or Third Party Material. StartUp ScaleUp does not guarantee that the StartUp ScaleUp website or Third Party Websites will be free from viruses, or that access to the StartUp ScaleUp website or Third Party Websites will be uninterrupted.

Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, no member of StartUp ScaleUp is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Material on the StartUp ScaleUp website or to Third Party Material, whether in contract, tort including negligence, statute or otherwise.

Except where to do so would cause any part of these Terms to be illegal, void or unenforceable, StartUp ScaleUp:

• Excludes all conditions and warranties implied into these Terms;
• To the fullest extent permitted by applicable law, is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of this website; and
• Excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this website.

Without limiting the general disclaimer, StartUp ScaleUp:

• Makes no warranty as to the completeness or accuracy of any material or as to its merchantability or fitness for a particular purpose. StartUp ScaleUp is not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date;
• Will not be liable for disruptions to this website; and
• Is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or an external site. You must take your own precautions to ensure that whatever you select for use from this website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

Liability of any member of StartUp ScaleUp for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at StartUp ScaleUp’s option, to:

• the supply of the goods or services again;
• the repair of the goods; or
• the payment of the cost of having the goods or services supplied again or repaired.

Termination

These Terms of Use (and the agreement constituted by your use of the information, graphics and materials on the StartUp ScaleUp website) and your access to the StartUp ScaleUp website may be terminated at any time by StartUp ScaleUp without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by StartUp ScaleUp will survive termination, however, you will no longer be authorised to access the StartUp ScaleUp website.

Copyright and Trademarks

Copyright in the Material on this website is owned or licensed by StartUp ScaleUp. The material contained on this website is protected by copyright. You may use this website only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this website, or create any other material using material on this website, without obtaining the prior written consent of StartUp ScaleUp.

Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the prior written consent of StartUp ScaleUp. The website, products, technology and processes contained in this website may be the subject of other intellectual property rights owned by StartUp ScaleUp or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this website must not in any way infringe the intellectual property rights of any person.

Acceptance and Changes to Terms of Use

You acknowledge and accept that your use of the StartUp ScaleUp website indicates your acceptance of these Terms of Use and the Privacy Policy.

These are the current Terms of Use. They replace any other terms of use for the StartUp ScaleUp website published on the StartUp ScaleUp website to date. StartUp ScaleUp may at any time vary the Terms of Use by publishing the varied Terms of Use on the StartUp ScaleUp website. You accept that by doing this, StartUp ScaleUp has provided you with sufficient notice of the variation.

StartUp ScaleUp reserves any rights not expressly granted in these Terms of Use.