Terms of Use

Last updated: June 16, 2026

Acceptance of Terms

These Terms of Use ("Terms") govern access to and use of the FUNDEXA Investment Meetings platform https://investmentmeetings.com ("FUNDEXA IM"), websites, applications, software, content, services and related functionality made available by FUNDEXA CORPORATION PTY LTD ACN 605 836 673, a company incorporated in New South Wales, Australia ("Fundexa", "FUNDEXA IM", "we", "us" or "our").

By accessing, registering for, or using FUNDEXA IM, you acknowledge that you have read, understood and agree to be legally bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

1. DEFINITIONS

In these Terms:

Account means a registered user account created to access and use the Platform.

Booking means an engagement, project, meeting, roadshow, consultancy engagement, investor relations engagement, advisory engagement or other service arrangement facilitated through the Platform.

Broker means a financial services provider, broker, dealer representative, intermediary, placement agent or capital markets adviser that uses the Platform as either a Company User or Consultant User.

Company means a listed company, private company, issuer, fund manager, investment manager, corporate entity or other organisation seeking investor engagement, roadshow services or related services through the Platform.

Company User means an individual authorised to act on behalf of a Company.

Consultant means an investor relations adviser, capital markets adviser, roadshow consultant, corporate communications consultant, strategic adviser or other professional service provider registered on the Platform.

Consultant User means an individual using the Platform as a Consultant.

Content means all information, documents, profiles, messages, communications, text, images, data, reviews, ratings, audio, video and other materials uploaded, transmitted, stored or made available through the Platform.

Fees means subscription fees, booking fees, commissions, service fees or other charges payable in connection with use of the Platform.

Platform means the FUNDEXA Investment Meetings marketplace, websites, software, applications, APIs and associated services.

Services means all services provided by Fundexa through the Platform.

Stripe means Stripe, Inc. and its affiliates acting as payment processor, identity verification provider and compliance service provider.

User means any person or entity accessing or using the Platform, including Company Users, Consultant Users and Brokers.

2. ACCEPTANCE OF TERMS

2.1 By accessing or using the Platform, you agree to be bound by these Terms and any policies incorporated by reference, including: (a) the Privacy Policy; (b) the Cookie Policy; (c) the Consultant Terms; (d) the Company Terms; (e) any applicable fee schedules; and (f) any additional policies published by Fundexa from time to time.

2.2 These Terms constitute a legally binding agreement between you and Fundexa.

2.3 If you access the Platform on behalf of a company, partnership, trust, government body or other legal entity, you represent and warrant that you are authorised to bind that entity to these Terms.

2.4 The entity you represent will be responsible for all acts and omissions occurring under its Account.

3. ELIGIBILITY

3.1 To use the Platform, you must: (a) be at least eighteen (18) years of age; (b) possess legal capacity to enter into binding agreements; (c) not be prohibited from using the Platform under any applicable law; (d) comply with all applicable sanctions, export control and anti-money laundering laws; and (e) provide accurate and complete registration information.

3.2 Fundexa may restrict, suspend or terminate access to the Platform where it reasonably believes a User no longer satisfies eligibility requirements.

3.3 The Platform is intended for business and professional use only and is not intended for consumer use.

4. ACCOUNT REGISTRATION

4.1 Users must create an Account before accessing restricted Platform functionality.

4.2 During registration, Users must provide accurate, current and complete information.

4.3 Users must promptly update information that becomes inaccurate or outdated.

4.4 Each User is responsible for: (a) maintaining the confidentiality of login credentials; (b) restricting access to their Account; (c) all activities occurring under their Account; and (d) promptly notifying Fundexa of any unauthorised use or security breach.

4.5 Accounts are personal to the registered User and may not be transferred, assigned, rented, shared or sold without prior written consent from Fundexa.

4.6 Fundexa may refuse registration applications in its sole discretion.

5. EMAIL VERIFICATION AND IDENTITY VERIFICATION

5.1 Users must verify their email address before accessing restricted functionality of the Platform.

5.2 Fundexa may require re-verification of email addresses from time to time for security purposes.

5.3 Certain transactions, payments, withdrawals or marketplace activities may require additional verification through Stripe or other approved verification providers.

5.4 Users acknowledge that Stripe may collect, verify and process identity information in accordance with its own privacy policies and legal obligations.

5.5 Failure to complete required verification procedures may result in delayed access, suspension of functionality or termination of an Account.

6. MARKETPLACE SERVICES

6.1 FUNDEXA IM operates a digital marketplace that enables: (a) Companies to identify, engage and communicate with Consultants; (b) Consultants to market their services and expertise; (c) Users to create, manage and participate in investor roadshows and investor engagement activities; (d) Users to communicate regarding potential engagements; and (e) parties to arrange commercial relationships independently.

6.2 The Platform may include search tools, messaging systems, profile pages, ratings, reviews, analytics, scheduling tools and related functionality.

6.3 Fundexa may add, modify or discontinue Platform features at any time.

7. FUNDEXA'S ROLE

7.1 FUNDEXA IM is solely a technology platform and marketplace operator.

7.2 Fundexa is not: (a) a party to any agreement between Users; (b) an employer of any Consultant; (c) an agent of any User; (d) a broker-dealer; (e) an investment adviser; (f) a financial product adviser; (g) a securities intermediary; or (h) a fiduciary to any User.

7.3 Fundexa does not supervise, direct, control or guarantee the performance of any Consultant, Company or other User.

7.4 Users are solely responsible for evaluating the suitability, qualifications, expertise, integrity and legality of counterparties.

7.5 Any engagement entered into between Users is solely between those Users.

7.6 Fundexa does not guarantee: (a) availability of opportunities; (b) quality of services; (c) successful investor meetings; (d) investment outcomes; (e) capital raising outcomes; (f) transaction completion; or (g) commercial success.

8. NO FINANCIAL, LEGAL OR INVESTMENT ADVICE

8.1 Information available through the Platform is provided for general informational purposes only.

8.2 Nothing on the Platform constitutes: (a) financial advice; (b) investment advice; (c) securities advice; (d) legal advice; (e) tax advice; (f) accounting advice; or (g) professional advice of any kind.

8.3 Users should obtain independent professional advice before making commercial, financial, investment or regulatory decisions.

8.4 Fundexa does not endorse any User, profile, service provider, transaction, investment opportunity or strategy.

9. GLOBAL USE AND REGULATORY COMPLIANCE

9.1 The Platform is intended for global use.

9.2 Users are solely responsible for ensuring compliance with: (a) securities laws; (b) financial services laws; (c) privacy laws; (d) anti-bribery laws; (e) anti-money laundering laws; (f) sanctions laws; (g) export control laws; and (h) any other applicable laws in relevant jurisdictions.

9.3 Users must not use the Platform in any jurisdiction where such use would be unlawful.

9.4 Fundexa may restrict access to the Platform from certain jurisdictions where required by law, sanctions requirements or commercial considerations.

9.5 Users represent and warrant that neither they nor any beneficial owner, director, officer or controlling person is subject to sanctions administered by Australia, the United States, the United Kingdom, the European Union, the United Nations or any other applicable sanctions authority.

10. FEES, COMMISSIONS AND PAYMENTS

10.1 Platform Fees: Users acknowledge that Fundexa operates a commercial marketplace and may charge fees for access to, use of, or transactions conducted through the Platform. Unless otherwise agreed in writing, Fundexa is entitled to receive a platform commission equal to 2.5% of the gross value of each Booking completed through the Platform.

10.2 Fee Calculation: The commission shall be calculated on the total value payable by a Company to a Consultant in connection with a Booking, excluding taxes required by law to be separately identified. Fundexa reserves the right to amend its fee structure by providing reasonable notice through the Platform.

10.3 Payment Processing: Payments may be processed through Stripe or another approved payment service provider. Users authorise Fundexa and its payment providers to: (a) process payments; (b) collect applicable fees; (c) conduct identity verification; (d) perform fraud prevention checks; and (e) comply with legal and regulatory obligations.

10.4 Taxes: Users are solely responsible for determining, reporting and paying any taxes applicable to their use of the Platform, including income tax, GST, VAT, sales tax, withholding tax or similar taxes. Fundexa's fees are exclusive of taxes unless expressly stated otherwise.

10.5 Failed Payments: Fundexa may suspend or restrict access where fees remain unpaid. Fundexa may recover outstanding amounts together with reasonable recovery costs.

10.6 No Circumvention: Users must not directly or indirectly circumvent the Platform to avoid payment of applicable commissions or fees. Where Users establish a commercial relationship through the Platform and subsequently transact outside the Platform within twelve (12) months of first contact through the Platform, Fundexa shall remain entitled to applicable commissions that would have been payable had the transaction occurred through the Platform.

11. COMPANY OBLIGATIONS

11.1 Accurate Information: Companies must provide accurate, current and complete information regarding: (a) company identity; (b) contact details; (c) roadshow requirements; (d) project specifications; (e) budgets; and (f) any information relevant to Consultant engagement.

11.2 Responsible Use: Companies must use the Platform in good faith and for legitimate commercial purposes.

11.3 Regulatory Compliance: Companies remain solely responsible for compliance with all applicable: (a) securities laws; (b) stock exchange rules; (c) continuous disclosure obligations; (d) market abuse regulations; (e) insider trading restrictions; and (f) investor communications requirements.

11.4 Engagement Decisions: Companies are solely responsible for selecting Consultants and evaluating suitability. Fundexa does not recommend or endorse Consultants.

11.5 Payment Obligations: Companies must pay Consultants and Fundexa in accordance with agreed terms and Platform requirements.

12. CONSULTANT OBLIGATIONS

12.1 Professional Conduct: Consultants must provide services professionally, competently and in accordance with applicable laws and industry standards.

12.2 Profile Accuracy: Consultants warrant that all profile information, qualifications, experience, credentials and representations are accurate and not misleading.

12.3 Independent Contractor Status: Consultants acknowledge that: (a) they are independent contractors; (b) no employment relationship exists with Fundexa; (c) Fundexa does not supervise services performed; and (d) Consultants are responsible for their own insurance, taxes and regulatory obligations.

12.4 Compliance: Consultants must comply with: (a) securities regulations; (b) anti-bribery laws; (c) sanctions requirements; (d) privacy laws; (e) confidentiality obligations; and (f) professional standards applicable to their activities.

12.5 No Misrepresentation: Consultants must not falsely represent qualifications, relationships, experience, client history or performance outcomes.

13. BROKER PARTICIPATION

13.1 Registration Categories: Brokers may register as: (a) Company Users; or (b) Consultant Users, depending on the nature of their intended Platform activities.

13.2 Regulatory Responsibility: Brokers remain solely responsible for ensuring compliance with all licensing, registration and regulatory requirements applicable to their jurisdiction.

13.3 No Regulatory Endorsement: Registration on the Platform does not constitute regulatory approval, endorsement or verification by Fundexa.

14. USER CONTENT

14.1 Ownership: Users retain ownership of Content they upload to the Platform.

14.2 Licence to Fundexa: Users grant Fundexa a worldwide, non-exclusive, royalty-free licence to host, store, process, reproduce, modify, display and distribute Content for the purpose of operating, maintaining and improving the Platform.

14.3 User Responsibility: Users are solely responsible for all Content they upload, publish, transmit or make available through the Platform.

14.4 Prohibited Content: Users must not upload or distribute Content that: (a) is unlawful; (b) infringes intellectual property rights; (c) is defamatory; (d) is fraudulent; (e) contains malicious software; (f) contains confidential information without authority; or (g) violates applicable laws.

14.5 Monitoring: Fundexa may, but is not obligated to, review, monitor, remove or restrict Content at its discretion.

15. PLATFORM COMMUNICATIONS

15.1 Messaging: The Platform may provide messaging and communication tools. Users are solely responsible for communications conducted through the Platform.

15.2 Recording and Retention: Fundexa may retain communications where reasonably necessary for: (a) platform operation; (b) dispute resolution; (c) compliance; (d) fraud prevention; or (e) legal obligations.

15.3 No Confidentiality Undertaking: Fundexa does not guarantee confidentiality between Users except as required by applicable law and the Privacy Policy. Users should enter separate confidentiality agreements where appropriate.

16. REVIEWS AND RATINGS

16.1 Reviews: Users may provide reviews and ratings regarding completed engagements.

16.2 Accuracy: Reviews must be honest, fair and based on genuine experiences.

16.3 Removal Rights: Fundexa may remove reviews or ratings that are: (a) misleading; (b) abusive; (c) defamatory; (d) fraudulent; (e) irrelevant; or (f) otherwise inappropriate.

16.4 No Verification Guarantee: Fundexa does not verify the accuracy of reviews and accepts no responsibility for their content.

17. PROHIBITED CONDUCT

Users must not: (a) violate applicable laws; (b) impersonate any person or entity; (c) create multiple deceptive accounts; (d) interfere with Platform operation; (e) attempt unauthorised access; (f) distribute malware; (g) scrape or harvest Platform data without permission; (h) use automated systems to access the Platform except as authorised; (i) manipulate reviews or ratings; (j) engage in fraud or deceptive conduct; (k) infringe intellectual property rights; (l) circumvent fees or commissions; (m) use the Platform for money laundering, sanctions evasion or unlawful activities; or (n) engage in conduct that could damage Fundexa's reputation or operations.

17.1 Enforcement: Fundexa may investigate suspected violations and take action including: (a) content removal; (b) account suspension; (c) account termination; (d) reporting to authorities; and (e) legal proceedings.

18. INTELLECTUAL PROPERTY RIGHTS

18.1 Platform Ownership: The Platform, including all software, source code, databases, algorithms, user interfaces, designs, graphics, logos, trademarks, service marks, documentation, text, compilations and related intellectual property rights, are owned by or licensed to Fundexa and are protected by applicable intellectual property laws worldwide.

18.2 Limited Licence: Subject to compliance with these Terms, Fundexa grants Users a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Platform solely for its intended business purposes.

18.3 Restrictions: Users must not: (a) copy, modify or create derivative works from the Platform; (b) reverse engineer, decompile or disassemble the Platform; (c) remove proprietary notices; (d) reproduce Platform content except as expressly authorised; (e) commercially exploit the Platform except through authorised use.

18.4 Feedback: Any suggestions, ideas, recommendations or feedback provided by Users may be used by Fundexa without restriction or compensation.

19. PRIVACY, DATA PROTECTION AND CROSS-BORDER DATA TRANSFERS

19.1 Privacy Policy: Collection, use, disclosure and processing of personal information is governed by the Privacy Policy, which forms part of these Terms.

19.2 Global Operations: Users acknowledge that FUNDEXA IM operates globally and may process information across multiple jurisdictions.

19.3 Cross-Border Transfers: Personal information may be transferred to, processed and stored in: (a) Australia; (b) the United States; (c) member states of the European Union; (d) the United Kingdom; and (e) other jurisdictions where Fundexa or its service providers operate.

19.4 User Consent: Where required by law, Users consent to the transfer of information across jurisdictions in accordance with the Privacy Policy.

19.5 GDPR and UK GDPR: For Users located in the European Economic Area and United Kingdom, Fundexa will process personal information in accordance with applicable GDPR and UK GDPR requirements. Nothing in these Terms limits any non-waivable rights available under applicable data protection legislation.

19.6 Australian Privacy Act: Fundexa will take reasonable steps to comply with obligations arising under the Privacy Act 1988 (Cth) and applicable Australian privacy principles.

19.7 US Privacy Laws: Where applicable, Fundexa will comply with relevant US state privacy legislation including consumer rights relating to access, correction and deletion of personal information.

19.8 Data Security: Fundexa maintains administrative, technical and organisational safeguards designed to protect information against unauthorised access, disclosure, alteration and destruction. Users acknowledge that no method of transmission or storage is completely secure.

20. SANCTIONS, EXPORT CONTROLS AND COMPLIANCE

20.1 Compliance Obligations: Users must comply with all applicable: (a) sanctions laws; (b) export control regulations; (c) anti-money laundering laws; (d) anti-bribery laws; (e) anti-corruption laws; and (f) financial crime legislation.

20.2 Sanctions Representation: Users represent and warrant that neither they nor any: (a) beneficial owner; (b) director; (c) officer; (d) employee; (e) controlling shareholder; or (f) affiliated entity, is subject to sanctions imposed by: (i) Australia; (ii) the United States; (iii) the United Kingdom; (iv) the European Union; (v) the United Nations; or (vi) any applicable sanctions authority.

20.3 Restricted Jurisdictions: Fundexa may restrict access to the Platform from jurisdictions subject to sanctions, export restrictions or heightened compliance risks.

20.4 Compliance Investigations: Fundexa may investigate suspected compliance breaches and may suspend or terminate Accounts pending review.

21. PLATFORM DISCLAIMERS

21.1 Platform Provided "As Is": To the maximum extent permitted by law, the Platform is provided on an "as is" and "as available" basis.

21.2 No Warranty: Fundexa makes no representation or warranty regarding: (a) availability of the Platform; (b) uninterrupted access; (c) security; (d) reliability; (e) accuracy of content; (f) consultant qualifications; (g) company legitimacy; (h) investor participation; (i) project outcomes; (j) commercial success; or (k) suitability for any purpose.

21.3 Marketplace Nature: Fundexa does not verify all information supplied by Users and does not guarantee: (a) performance; (b) solvency; (c) competence; (d) credentials; or (e) regulatory compliance of Users.

21.4 Third-Party Services: Fundexa is not responsible for services provided by third parties including: (a) Stripe; (b) AWS; (c) analytics providers; (d) communications providers; or (e) other external service providers.

21.5 Professional Advice Disclaimer: Nothing on the Platform constitutes legal, financial, tax, accounting, investment or professional advice. Users are responsible for obtaining independent advice where appropriate.

22. LIMITATION OF LIABILITY

22.1 Exclusion of Liability: To the maximum extent permitted by law, Fundexa excludes all liability arising from or relating to: (a) use of the Platform; (b) inability to use the Platform; (c) User conduct; (d) consultant engagements; (e) company engagements; (f) communications between Users; (g) third-party services; (h) content uploaded by Users; (i) investor outcomes; (j) fundraising outcomes; and (k) business decisions made by Users.

22.2 Excluded Losses: To the fullest extent permitted by law, Fundexa shall not be liable for: (a) indirect loss; (b) consequential loss; (c) incidental loss; (d) punitive damages; (e) exemplary damages; (f) special damages; (g) loss of profits; (h) loss of revenue; (i) loss of opportunity; (j) loss of goodwill; (k) loss of anticipated savings; (l) loss of business; (m) loss of contracts; (n) data loss; or (o) reputational harm.

22.3 Liability Cap: To the maximum extent permitted by law, Fundexa's aggregate liability arising out of or relating to the Platform, Services or these Terms shall not exceed the total amount of fees paid by the claimant to Fundexa during the twelve (12) months immediately preceding the event giving rise to the claim.

22.4 Essential Basis: Users acknowledge that the limitations and exclusions of liability in these Terms form an essential basis of the agreement between the parties.

22.5 Non-Excludable Rights: Nothing in these Terms excludes rights that cannot lawfully be excluded under applicable law, including certain consumer protections and statutory guarantees. Where liability cannot be excluded, it is limited to the maximum extent permitted by law.

23. USER INDEMNITIES

23.1 General Indemnity: Users agree to indemnify, defend and hold harmless Fundexa and its directors, officers, employees, contractors, affiliates and agents from and against any claims, liabilities, damages, losses, costs and expenses arising out of or relating to: (a) breach of these Terms; (b) misuse of the Platform; (c) User Content; (d) regulatory violations; (e) third-party claims; (f) intellectual property infringement; (g) sanctions violations; (h) unlawful conduct; or (i) negligent or fraudulent acts.

23.2 Marketplace Claims: Users further indemnify Fundexa against disputes arising between Users relating to: (a) engagements; (b) payments; (c) project performance; (d) investor meetings; (e) consulting services; or (f) any commercial arrangement facilitated through the Platform.

23.3 Continuing Obligation: The indemnities contained in these Terms survive suspension, termination and expiry of these Terms.

24. SUSPENSION AND TERMINATION

24.1 Suspension Rights: Fundexa may immediately suspend, restrict or disable access to the Platform where it reasonably believes that a User: (a) has breached these Terms; (b) has violated applicable laws; (c) has engaged in fraudulent, misleading or deceptive conduct; (d) presents a compliance, legal or reputational risk; (e) has failed to pay applicable fees; (f) has provided inaccurate information; (g) has attempted to circumvent Platform fees; (h) has compromised Platform security; or (i) otherwise presents a material risk to Fundexa, its Users or the Platform.

24.2 Termination by User: A User may terminate its Account at any time by ceasing use of the Platform and requesting account closure. Termination does not affect accrued rights, obligations or liabilities arising prior to termination.

24.3 Termination by Fundexa: Fundexa may terminate an Account or access to the Platform at any time where permitted by law, including where continued access would expose Fundexa to legal, regulatory, operational or commercial risk.

24.4 Effect of Termination: Upon termination: (a) access rights cease immediately; (b) licences granted under these Terms terminate; (c) accrued payment obligations remain payable; (d) Fundexa may retain information as required by law, compliance obligations or legitimate business purposes; and (e) provisions intended to survive termination shall continue in effect.

25. FORCE MAJEURE

25.1 Force Majeure Events: Fundexa shall not be liable for any failure or delay in performance arising from events beyond its reasonable control, including: (a) natural disasters; (b) acts of government; (c) war; (d) terrorism; (e) cyberattacks; (f) internet failures; (g) telecommunications failures; (h) labour disputes; (i) sanctions restrictions; (j) utility outages; or (k) failures of third-party service providers.

25.2 Consequences: Fundexa's obligations shall be suspended for the duration of the force majeure event and extended by a reasonable period thereafter.

26. DISPUTE RESOLUTION

26.1 Good Faith Discussions: Before commencing formal proceedings, the parties must attempt in good faith to resolve any dispute through discussions between authorised representatives.

26.2 Escalation: Where a dispute is not resolved within thirty (30) days after written notice of the dispute, either party may commence arbitration in accordance with this section.

27. ARBITRATION

27.1 Exclusive Dispute Resolution: Subject to applicable law, any dispute, controversy or claim arising out of or relating to: (a) these Terms; (b) the Platform; (c) the Services; or (d) any relationship between Fundexa and a User, shall be resolved exclusively by arbitration.

27.2 Arbitration Rules: The arbitration shall be administered by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with the ACICA Arbitration Rules in force at the commencement of the arbitration.

27.3 Seat of Arbitration: The seat of arbitration shall be Sydney, New South Wales, Australia.

27.4 Language: The language of the arbitration shall be English.

27.5 Number of Arbitrators: The arbitration shall be conducted by a single arbitrator unless ACICA determines otherwise.

27.6 Confidentiality: The existence of the arbitration, all submissions, evidence, awards and related materials shall remain confidential except where disclosure is required by law or necessary to enforce an award.

27.7 Injunctive Relief: Nothing in this section prevents Fundexa from seeking urgent interlocutory, equitable or injunctive relief from a court of competent jurisdiction.

27.8 Enforcement: Any arbitral award may be enforced in any court having jurisdiction.

28. CLASS ACTION WAIVER

28.1 Individual Claims Only: To the fullest extent permitted by law, Users agree that claims against Fundexa must be brought solely in an individual capacity.

28.2 Waiver of Collective Proceedings: Users waive any right to: (a) participate in a class action; (b) participate in a representative proceeding; (c) participate in a collective action; (d) participate in a private attorney general action; or (e) consolidate claims with those of other parties, except where such waiver is prohibited by applicable law.

28.3 Severability: If this class action waiver is found unenforceable in a particular jurisdiction, it shall be severed only to the minimum extent necessary and the remaining provisions shall remain enforceable.

29. NOTICES

29.1 Electronic Notices: Users consent to receiving notices electronically through: (a) email; (b) Platform notifications; (c) account communications; or (d) publication on the Platform.

29.2 Effective Delivery: Electronic notices shall be deemed received: (a) immediately upon delivery through the Platform; or (b) twenty-four (24) hours after transmission by email. Users are responsible for maintaining current contact information.

30. AMENDMENTS

30.1 Updates: Fundexa may amend these Terms from time to time.

30.2 Continued Use: Continued use of the Platform following publication of amended Terms constitutes acceptance of the amended Terms.

30.3 Material Changes: Where required by applicable law, Fundexa will provide notice of material changes before they take effect.

31. ASSIGNMENT

31.1 Assignment by Fundexa: Fundexa may assign, transfer, novate or otherwise deal with its rights and obligations under these Terms without User consent.

31.2 Assignment by Users: Users may not assign, transfer, sublicense or otherwise dispose of their rights or obligations without Fundexa's prior written consent.

32. ENTIRE AGREEMENT

These Terms, together with incorporated policies and documents, constitute the entire agreement between Fundexa and the User regarding the Platform and supersede all prior understandings, communications and agreements relating to the subject matter.

33. SEVERABILITY

If any provision of these Terms is determined to be invalid, unlawful or unenforceable, that provision shall be severed to the minimum extent necessary and the remaining provisions shall remain in full force and effect.

34. NO WAIVER

Failure by Fundexa to enforce any provision of these Terms shall not constitute a waiver of any right or remedy. Any waiver must be in writing and signed by an authorised representative of Fundexa.

35. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. Subject to the arbitration provisions contained in these Terms, the courts of New South Wales shall have non-exclusive jurisdiction in relation to matters requiring judicial intervention or enforcement.

36. CONTACT DETAILS

Questions regarding these Terms may be directed to: FUNDEXA CORPORATION PTY LTD, ACN 605 836 673, FUNDEXA Investment Meetings (FUNDEXA IM), 39 Martin Place, Sydney, NSW, 2000, Australia. Email: info@fundexa.com

37. ACKNOWLEDGEMENT

BY ACCESSING OR USING THE PLATFORM, EACH USER ACKNOWLEDGES THAT: (a) THEY HAVE READ THESE TERMS; (b) THEY UNDERSTAND THESE TERMS; (c) THEY AGREE TO BE LEGALLY BOUND BY THESE TERMS; (d) THEY ACCEPT THE RISKS INHERENT IN USING AN ONLINE MARKETPLACE; AND (e) THEY AGREE THAT FUNDEXA IM IS A TECHNOLOGY MARKETPLACE ONLY AND IS NOT RESPONSIBLE FOR THE CONDUCT, PERFORMANCE OR OBLIGATIONS OF OTHER USERS.