This web site and hosting is owned and operated by Data Capital Pty Ltd (ACN 127 435 849) and will be referred to as “we”, “our” and “us” in these Terms and Conditions.

This page states the “Terms and Conditions” under which you may use our services. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use our services.

By using our services, you are indicating your acceptance to be bound by these Terms and Conditions.

We may revise these Terms and Conditions at any time by updating this webpage. You should visit this page periodically to review the Terms and Conditions.

The terms “you” and “user” as used herein refer to all individuals and/or entities accessing this web site for any reason.

The terms “web site” as used herein refer to all of the content contained within any website which domain may belong to you and whose domain is hosted by us.

Web Site Security Rules

Users are prohibited from violating or attempting to violate the security of the any website hosted by our company, including, without limitation:

- accessing data not intended for such user or logging into a server or account which the user is not authorised to access;

- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;

- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the web site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or

- forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability.

We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Users

Your website may be used only for lawful purposes.

We specifically prohibit any use of the web site, and all users agree not to use the web site for any of the following:

- posting any incomplete, false or inaccurate information;

- deleting or revising any material posted by any other person or entity;

- using any device, software or routine to interfere or attempt to interfere with the proper working of the web site or any activity being conducted on this site;

- aggregating, copying or duplicating in any manner any of the web site content or information available from the web site.

Privacy Policy

We are committed to protecting the privacy of personal data collected at this web site. The Privacy Policy link is located below and summarises the policies of this web site regarding the collection, use and transfer of personal data and regarding security measures we employ to protect such personal data and should be reviewed carefully. Nevertheless, by using this web site, visitors agree to the terms and conditions of the Privacy Policy. We reserve the right to change the Privacy Policy at any time by posting a new policy at this location.

Our Liability

We expect that you will use caution and common sense when using this web site.

The web site content may contain inaccuracies or typographical errors.

We make no representations about the accuracy, reliability, completeness, or timeliness of the web site or the web site content. The use of the web site and the web site content is at your own risk.

Changes are periodically made to the web site and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you on the web site.

We do not warrant that the web site will operate error-free or that the web site and its server are free of computer virus or other harmful mechanisms. If your use of the web site or the web site content results in the need for servicing or replacing equipment or data, we are not responsible for those costs.

The web site and web site content are provided on an “as is” basis without any warranties of any kind. We, to the fullest extent permitted by law, disclaim all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. We make no warranties about the accuracy, reliability, completeness, or timeliness of the web site content, services, software, text, graphics and links.

Disclaimer of Consequential Damages

In no event will we be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use of inability to use the web site and the web site content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we advised you of the possibility of such damages.

Termination

We reserve the right, at our sole discretion, to pursue all legal remedies, including but not limited to deletion of your postings from this web site and/or termination of any service provided to you by us, upon any breach by you of these Terms and Conditions or if we are unable to verify or authenticate any information you submit to the web site.

Indemnity

You agree to indemnify, and hold us harmless and our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:

- any material you provide to the web site;

- any web site content that you use; or

- your breach of the terms of these Terms and Conditions.

We shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

General

We make no claims that the web site content may be lawfully viewed or accessed outside of Australia.

Access to the web site content may not be legal by certain persons or in certain countries.

If you access the web site from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms and Conditions are governed by the internal substantive laws of Western Australia. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts of Western

Australia. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.

Except as expressly provided in addition terms of use for areas of the web site, a particular “Legal Notice,” or software license or material on particular web pages, these Terms and Conditions constitute the entire agreement between us and you with respect to the use of the web site.

Conduct

You understand that all data, text, software, music, sound, photographs, graphics, video, messages or other materials (‘content’), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the content originated. This means that you, and not us, are entirely responsible for all content that you upload, post or email via your web site. We do not control the content posted via any forum and therefore do not guarantee the accuracy, integrity or quality of the content.

Under no circumstances will we be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of your use of any content. You agree that you must evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness. You also understand that by using our web site, you may be exposed to content that is offensive, indecent or objectionable.

You agree that you will not use any website to:

- upload, post or email any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

- harm minors in any way;

- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;

- ‘stalk’ or otherwise harass another;

- collect or store personal data about other users;

- upload, post or email any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

- upload, post or email any content that infringes any intellectual property rights of any party;

- upload, post or email any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, or any other form of solicitation;

- upload, post or email any content that contains computer virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

- disrupt the normal flow of dialogue, cause a screen to ‘flood’ with multiple repeated posts, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; or

- violate any applicable national or international laws or regulations.

Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities arising from any third party claim in relation to any content you upload, post or email on or through our forum or our web site, your use of the forum and our web site, or your breach of the provisions of these rules.

Sanctions

As soon as we are made aware of activities that breach these rules, our Terms and Conditions or our Privacy Policy, prompt action will be taken.

We reserve the right to take whatever action we deem necessary to prevent such breaches including the following:

Any breaches may lead to us reporting your activities to your Internet Service Provider (ISP), relevant authorities, or to legal action being taken against you, or both.

In addition we may at any time move, modify or remove any content or take further legal action as a result of breaches or suspected breaches of these rules, our privacy policy, any applicable laws or regulations or where our rights or third party rights are threatened or infringed.

General Release

In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our web site and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your such use or in relation to your dealings with such other user or third party.

Your acceptance of these Terms and Conditions also acts as a general release of us and any of our subsidiaries (and all of their officers, directors, agents, administrators, moderators, and employees) from any liability for any claims, loss and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the web sites.

Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.