1. About the Website

Welcome to https://qldcapitalsolutions.com.au (the ‘Website’). The Website is owned and operated by Queensland Capital Solutions (ABN 48 165 453 896).

The Website provides you with an opportunity to:

• Browse and view material or information regarding our specialist finance advisory services; and/or

• Engage with us to enquire about or procure our services (our ‘Services’ herein).

Please read these terms and conditions carefully as they govern your access to our Website (the ‘Terms’). By using our Website, you agree that you are bound by the Terms. If you do not agree with these Terms, you must not use our Website or engage our Services.

These Terms may be updated by us at any time, and by continuing to use the Website, you accept these Terms as they apply from time to time. Any changes to the Terms take immediate effect from the date of their publication.

Any reference to Queensland Capital Solutions, “we”, “our”, or “us” means Queensland Capital Solutions, and any reference to “you” or “your” means a user of the Website or Services.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Queensland Capital Solutions in the user interface.

3. Your Obligations as a User

As a user of the Website, you agree to comply with the following:

• You will use the Services and Website only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.

• Access and use of the Website is limited, non-transferable, and allows for the sole use of the Website by you for the purposes of accessing our Services.

• You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Queensland Capital Solutions.

• You will not use the Services or Website for any illegal, offensive, or unauthorised use, which includes collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website.

• You acknowledge and agree that any automated use of the Website or its Services is prohibited.

4. No Reliance on Information and General Advice Warning

All information provided by us on this Website is provided in good faith. You accept that any information provided by us on the Website is general information only and does not constitute financial, legal, or taxation advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication.

The supply of our services may include material containing information, content instructions, a methodology, a process, spreadsheets, plans, guides, or other materials (‘Documentation’). You acknowledge and agree that Queensland Capital Solutions makes no guarantee, warranty, or promises, express or implied, that any of the Documentation will achieve specific results, including any financial results or loan approvals.

It is your sole responsibility to determine that any of our services meet your needs or the needs of your business. All information on our Website is intended to assist you and does not in any way substitute formal, tailored professional advice.

Results are not guaranteed and depend on your particular financial circumstances. By using any of our Documentation or services, you agree that Queensland Capital Solutions is not to be held liable for any decisions you make based on our Website content.

5. Copyright and Intellectual Property

The Website, the Services, and all of the related materials of Queensland Capital Solutions are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties.

Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements, interactive features, and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Queensland Capital Solutions or its contributors.

Queensland Capital Solutions retains all rights, title, and interest in and to the Website and all related Content. Nothing you do on or in relation to the Website will transfer to you:

• The business name, trading name, domain name, trade mark, industrial design, patent, registered design, or copyright of Queensland Capital Solutions; or

• The right to use or exploit a business name, trading name, domain name, trade mark, or industrial design.

You may not, without the prior written permission of Queensland Capital Solutions and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt, or change in any way the Content or Services for any purpose, unless otherwise provided by these Terms.

6. Privacy

Queensland Capital Solutions takes your privacy seriously, and any information provided through your use of the Website and/or the Services is subject to Queensland Capital Solutions’s Privacy Policy and Cookie Policy, which are available on the Website.

7. General Disclaimer

With regards to the Website, you acknowledge that Queensland Capital Solutions does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the supply of its services other than provided for pursuant to these Terms or any specific formal engagement mandate signed by you.

Subject to this clause, and to the extent permitted by law:

• All terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and

• Queensland Capital Solutions will not be liable for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website or these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Content is at your own risk. Everything on the Website is provided to you on an “as is” and “as available” basis, without warranty or condition of any kind.

8. Limitation of Liability

You expressly understand and agree that Queensland Capital Solutions, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.

9. Indemnity

You agree to indemnify Queensland Capital Solutions, its affiliates, employees, agents, contributors, and licensors from and against:

• All actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with any Content you post through the Website;

• Any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or

• Any breach by you of the Terms.

10. Dispute Resolution

Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.

Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

1. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation. The Parties must each pay their own costs associated with the mediation;

4. The mediation will be held in Mountain Creek, Australia.

Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

11. Venue and Jurisdiction

The Content and Services offered by Queensland Capital Solutions are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

12. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles.

13. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

Contact Details: Adrian Mula Level 1, Suite 11B/69 Attenuata Dr, Mountain Creek, Queensland, 4557 Australia Email: adrian@qldcapitalsolutions.com.au