Advertising Terms & Conditions
Please read these terms carefully before using our advertising services
BizDealRoom Advertising Terms & Conditions
www.bizdealroom.com
Platform Manager: Mentored Business Sales and Services Pty Ltd
ABN: 56 630 339 150
Address: 81-83 Campbell Street, Surry Hills, NSW 2010
Email: support@bizdealroom.com
Phone: 1800 858 696
Effective Date: The date you click "I Agree" or otherwise accept these terms
Version: 2.0
Last Updated: May 2026
Previous Version: 1.0 (superseded)
ACCEPTANCE OF TERMS
By:
- clicking "I Agree";
- accepting a proposal, quote, invoice, or payment plan;
- making payment;
- accessing or using the Platform;
- submitting Listing content;
- or using any Advertising Services,
the Advertiser acknowledges that they have read, understood, and agree to be legally bound by these Advertising Terms & Conditions.
If the Advertiser does not agree to these Terms, they must not access or use the Platform or Advertising Services.
The Advertiser further acknowledges and agrees that:
- these Terms form a legally binding agreement between the Advertiser and the Platform Manager;
- any accepted proposal, invoice, quote, campaign summary, payment plan, scope document, or written service confirmation forms part of this agreement;
- electronic acceptance constitutes valid and enforceable acceptance of these Terms;
- electronic records including proposal acceptance logs, timestamps, IP addresses, browser/device information, login activity, communications, payment confirmations, and usage records may be relied upon as evidence of acceptance, service delivery, and contractual agreement;
- the Platform Manager provides advertising, promotional, marketplace exposure, and lead generation services only, and does not provide financial product advice, legal advice, investment advice, brokerage services, or guarantees of commercial outcomes.
1. DEFINITIONS
1.1 "Platform Manager" "Platform Manager" means Mentored Business Sales and Services Pty Ltd (ABN 56 630 339 150), including its officers, employees, contractors, representatives, successors, and assigns, operating the Platform known as BizDealRoom.com.
1.2 "Platform" "Platform" means the website located at www.bizdealroom.com, associated software, applications, communication systems, marketing systems, CRM systems, data rooms, content distribution channels, and related services operated by the Platform Manager.
1.3 "Advertiser" "Advertiser" means any individual, company, trustee, partnership, entity, advisor, representative, or organisation that purchases, accesses, or uses Advertising Services from the Platform Manager.
1.4 "Advertising Services" "Advertising Services" means any advertising, promotional, marketplace exposure, campaign management, listing distribution, lead generation, content publication, digital marketing, podcast promotion, email marketing, CRM access, social media marketing, platform exposure, campaign support, onboarding, listing preparation, or related services supplied by the Platform Manager.
1.5 "Listing" "Listing" means any business, property, franchise, project, investment opportunity, capital raise, asset, service, or promotional content published, marketed, distributed, or displayed through the Platform.
1.6 "Lead" "Lead" means any enquiry, direct interaction, expression of interest, or engagement generated through or in connection with the Platform or related marketing activities, including but not limited to:
- enquiries (whether by email, phone, SMS, chat, web form, or any other channel);
- registrations or account creations;
- expressions of interest in a Listing or capital raise;
- NDA requests, partial NDA submissions, and completed NDAs;
- meeting requests;
- direct messages or communication responses;
- podcast-driven enquiries or engagements;
- logins or platform activity by a third party in relation to a Listing;
- and any other direct communication, enquiry, or interaction associated with the Platform or marketing activities undertaken by the Platform Manager.
A Lead exists regardless of:
- the stage of engagement reached;
- whether an NDA has been requested, partially completed, or executed;
- the seriousness, responsiveness, or follow-through of the third party;
- the financial capacity, sophistication, identity verification, authority, or legitimacy of the third party;
- and the likelihood of the third party proceeding to a transaction.
The Advertiser acknowledges that many Leads will not progress beyond initial engagement and that the existence of a Lead does not indicate transaction readiness or commercial viability.
1.6A "Engagement Activity"
"Engagement Activity" includes campaign-related activity and audience interactions including:
- advertisement impressions;
- click-throughs;
- page views;
- Listing views;
- email opens;
- email clicks;
- email replies;
- email bounces;
- unsubscribes;
- social media reactions;
- comments;
- follows;
- shares;
- podcast listens;
- and other audience engagement metrics associated with marketing activities undertaken by the Platform Manager.
The Advertiser acknowledges that Engagement Activity may form part of campaign reporting, analytics, performance metrics, and exposure measurements provided by the Platform Manager.
1.7 "Subscription Fees" "Subscription Fees" means recurring or fixed fees payable for access to subscription-based Advertising Services, software access, CRM services, listing access, marketing tools, or Platform features.
1.8 "Custom Fees" "Custom Fees" means fees charged for customised, managed, upgraded, or additional services beyond standard subscription features, including campaign upgrades, enhanced marketing, document preparation, strategic support, podcast production, or specialised promotional services.
1.9 "Instalment Plan" "Instalment Plan" means any arrangement allowing Subscription Fees or Custom Fees to be paid over multiple scheduled payments.
1.10 "Agreement Period" "Agreement Period" means the duration of the subscription, campaign, package, instalment arrangement, or service period selected by the Advertiser or otherwise agreed in writing.
1.11 "Marketing Services" "Marketing Services" means advertising, promotion, marketplace exposure, campaign management, listing distribution, email marketing, content preparation, campaign outreach, social media exposure, podcast promotion, lead generation activities, and related support services performed by the Platform Manager.
1.12 "Deal Manager" "Deal Manager" means an independent third party who may assist the Advertiser with transaction coordination, communication support, or related services, but who is not an employee, partner, agent, authorised representative, or legal representative of the Platform Manager unless expressly stated otherwise in writing.
1.13 "Proposal" "Proposal" means any quote, proposal, campaign summary, pricing document, payment plan, scope document, digital acceptance form, or electronic service summary issued by the Platform Manager and accepted electronically or otherwise by the Advertiser.
1.14 "Australian Consumer Law" "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.
1.15 "Business Day" "Business Day" means a day other than a Saturday, Sunday, or public holiday in Queensland, Australia.
2. ADVERTISING & MARKETING SERVICES
2.1 Nature of Services
The Platform Manager provides advertising, promotional, marketplace exposure, lead generation, and related marketing services through the Platform.
Services may include:
- online Listings;
- campaign promotion;
- lead generation activities;
- email marketing;
- podcast promotion;
- social media promotion;
- CRM and marketing software access;
- digital data room access;
- content preparation assistance;
- onboarding support;
- and related advertising or exposure services.
The Platform Manager does not act as:
- a broker;
- financial adviser;
- investment adviser;
- legal adviser;
- business agent;
- transaction intermediary;
- or authorised representative of the Advertiser.
2.2 Marketplace & Exposure Services Only
The Advertiser acknowledges and agrees that the Platform operates as a marketplace and advertising platform only.
The Platform Manager:
- facilitates exposure and marketing opportunities;
- provides access to platform tools and promotional channels;
- and may assist with campaign coordination and communication support.
The Platform Manager does not:
- negotiate transactions on behalf of Advertisers;
- guarantee investor participation or buyer engagement;
- guarantee transaction completion;
- verify the identity or legitimacy of third parties;
- assess suitability of investors, buyers, or Leads;
- or participate as a party to any transaction between the Advertiser and any third party.
2.3 Listings
The Advertiser may submit Listings for publication on the Platform subject to these Terms.
The Platform Manager reserves the right to:
- review Listings before publication;
- edit formatting, layout, or presentation for consistency or compliance;
- request supporting documentation;
- reject or remove Listings;
- suspend Listings;
- or require amendments to Listing content,
at its sole discretion.
The Platform Manager is under no obligation to publish or continue publishing any Listing.
2.4 Marketing & Campaign Activities
The Platform Manager may undertake marketing or promotional activities relating to a Listing, including:
- email campaigns;
- social media promotion;
- digital advertising;
- podcast promotion;
- database distribution;
- platform featuring;
- content syndication;
- or related exposure activities.
The nature, frequency, timing, duration, and extent of marketing activities are determined by:
- the selected package;
- campaign strategy;
- available resources;
- and the Platform Manager's operational discretion.
Marketing activities may vary between campaigns and between Advertisers.
The Platform Manager has sole discretion over the form, content, headlines, imagery, branding references, offer details, and creative elements of advertising published across third-party platforms (including but not limited to Facebook, Instagram, LinkedIn, Google, YouTube, podcast platforms, podcast advertising networks, and email distribution platforms).
The Advertiser acknowledges that:
- third-party platforms impose policies, restrictions, and requirements that may affect the form and content of advertising (including restrictions on identifying brands, businesses, offers, financial terms, or returns in certain ad formats);
- the Platform Manager may, without notice, modify, omit, generalise, or remove any creative element to ensure compliance with third-party platform policies or to optimise campaign performance;
- the Advertiser may not direct or require the Platform Manager to publish creative content that would, in the Platform Manager's reasonable opinion, breach a third-party platform's policies; and
- variations in creative approach across different channels do not constitute a breach of these Terms or a failure to deliver services.
2.5 Third-Party Platforms & Services
The Platform Manager may utilise third-party platforms, software providers, advertising networks, social media platforms, CRM systems, payment processors, or communication tools in connection with Advertising Services.
The Platform Manager:
- does not control third-party platforms;
- does not guarantee uptime, reach, performance, or availability of third-party services;
- and is not liable for interruptions, policy changes, account restrictions, algorithm changes, advertising restrictions, or failures caused by third-party providers.
2.6 No Exclusivity
Unless expressly agreed in writing, the Advertiser acknowledges that:
- Listings are non-exclusive;
- the Platform Manager may advertise competing businesses, projects, opportunities, or properties;
- and the Platform Manager may provide similar services to other advertisers, including competitors of the Advertiser.
2.7 Independent Decision Making
The Advertiser retains sole responsibility for:
- all commercial decisions;
- negotiations;
- transaction terms;
- investor communications;
- due diligence processes;
- compliance obligations;
- and decisions relating to any sale, funding, investment, or transaction.
The Advertiser must obtain their own:
- legal advice;
- accounting advice;
- taxation advice;
- financial advice;
- and licensing advice,
where appropriate.
2.8 Service Modifications
The Platform Manager may modify, improve, suspend, replace, or discontinue parts of the Platform or Advertising Services at any time, including:
- software functionality;
- marketing systems;
- communication tools;
- campaign structures;
- pricing models;
- and service inclusions.
Such changes do not entitle the Advertiser to refunds or compensation unless required by law.
2.9 Trial Periods
Where the Platform Manager offers a trial period in connection with any subscription, software access, or service (including but not limited to a 30-day trial of the Founders Unlimited subscription):
- the trial period commences on the date the Advertiser is granted access to the relevant service;
- the duration of the trial period is as specified at the time of sign-up or in any accepted Proposal;
- the Advertiser may cancel the subscription at any time during the trial period by providing written notice to the Platform Manager at support@bizdealroom.com or via the cancellation mechanism made available on the Platform;
- cancellation must be received before the conclusion of the trial period to avoid the first paid billing cycle;
- if the subscription is not cancelled before the conclusion of the trial period, the subscription automatically converts to a paid evergreen subscription and the Advertiser's nominated payment method will be charged the applicable Subscription Fee;
- the Advertiser authorises the Platform Manager to charge the nominated payment method immediately upon conclusion of the trial period;
- trial periods are non-transferable, may be limited to one per Advertiser, and may be modified, shortened, extended, or withdrawn by the Platform Manager at its discretion;
- where the Advertiser has accessed any premium feature, managed service, or content during the trial period, the Platform Manager may charge reasonable fees for that access if the Advertiser cancels during the trial in a manner inconsistent with good faith use; and
- the Platform Manager reserves the right to refuse trial access where it reasonably suspects abuse of trial offers (including multiple sign-ups by the same person or entity).
The Advertiser acknowledges that the trial period is a promotional offer and that all other terms of this Agreement (including obligations relating to content, conduct, and Listings) apply during the trial period.
2.10 Founders Unlimited Subscription as Foundation Service
The Advertiser acknowledges and agrees that the Founders Unlimited subscription (or any successor base subscription as notified by the Platform Manager from time to time):
- is a mandatory base service and a condition precedent to all other Advertising Services, Marketing Services, managed service packages, software access, CRM access, sub-account provisioning, and related services;
- is an ongoing, evergreen subscription that continues indefinitely until cancelled in accordance with clause 2.9, clause 4.2, and clause 8.1;
- is not provided on a fixed-term basis and does not expire automatically;
- and underpins access to all other services purchased by the Advertiser, including any one-off, fixed-term, or campaign-based managed service packages (such as Essential, Premium, Platinum, or Platinum Plus tiers).
The Advertiser further acknowledges and agrees that:
- cancellation, suspension, or termination of the Founders Unlimited subscription for any reason (including non-payment) entitles the Platform Manager, at its sole discretion, to immediately suspend or terminate any related managed service, campaign, Listing, or software access;
- no refund or pro-rata adjustment is payable in respect of any managed service, campaign, or fixed-term package that is suspended or terminated as a consequence of Founders Unlimited cancellation, suspension, or termination;
- and any trial period offered in connection with Founders Unlimited (including but not limited to a 30-day trial) is a promotional courtesy and does not alter the evergreen nature of the subscription once the trial period concludes and paid services commence.
Where the Advertiser cancels the Founders Unlimited subscription while a managed service or fixed-term package remains in effect, the Advertiser remains liable for all outstanding amounts payable under that managed service or package, which become immediately due and payable upon such cancellation.
3. NO GUARANTEE OF RESULTS, INVESTORS OR TRANSACTIONS
3.1 No Guarantee of Commercial Outcomes
The Advertiser acknowledges and agrees that the Platform Manager provides advertising, promotional, marketplace exposure, and lead generation services only.
The Platform Manager does not guarantee:
- investors;
- buyers;
- purchasers;
- funding;
- capital raising success;
- business sales;
- transaction completion;
- commercial outcomes;
- profitability;
- valuations;
- meeting attendance;
- responses from Leads;
- transaction readiness;
- investor suitability;
- investor sophistication;
- buyer legitimacy;
- or any financial or commercial outcome whatsoever.
3.2 No Guarantee of Lead Quality or Suitability
The Platform Manager does not guarantee:
- the quality of any Lead;
- the seriousness of any Lead;
- the legitimacy of any Lead;
- the identity of any Lead;
- the responsiveness of any Lead;
- the financial capacity of any Lead;
- the authority of any Lead;
- or the likelihood that any Lead will proceed beyond an initial enquiry.
The Advertiser acknowledges that:
- Leads may be preliminary, exploratory, anonymous, incomplete, non-responsive, or speculative in nature;
- not all Leads will respond or engage further;
- and many Leads may never proceed to a transaction.
3.3 No Verification or Qualification of Leads
Unless expressly stated otherwise in writing, the Platform Manager:
- does not verify, qualify, vet, endorse, or approve Leads;
- does not assess whether a Lead is sophisticated, wholesale, professional, accredited, qualified, genuine, suitable, or transaction-ready;
- and does not warrant the identity, intentions, legitimacy, authority, or financial position of any Lead.
Any references to:
- investor networks;
- subscribers;
- database size;
- investor exposure;
- investor matching;
- professional contacts;
- or related descriptions,
are descriptive only and do not constitute representations regarding the legitimacy, sophistication, verification status, financial capacity, or transaction readiness of any person.
3.4 Lead Generation Is Inherently Speculative
The Advertiser acknowledges and agrees that:
- advertising and lead generation services are inherently speculative;
- commercial outcomes vary significantly between campaigns;
- conversion rates are unpredictable;
- market conditions may impact campaign performance;
- and outcomes depend on numerous factors outside the Platform Manager's control.
These factors may include:
- pricing;
- business quality;
- investor appetite;
- market conditions;
- economic conditions;
- documentation quality;
- responsiveness of the Advertiser;
- transaction structure;
- management capability;
- regulatory matters;
- and third-party conduct.
3.5 No Reliance on Indicative Statements
The Advertiser acknowledges that they have not relied upon:
- verbal statements;
- indicative comments;
- estimated campaign outcomes;
- estimated enquiry volumes;
- examples of prior campaigns;
- estimated investor interest;
- or discussions regarding possible transaction outcomes,
as guarantees of future performance or commercial success.
Any examples, statistics, case studies, indicative results, or historical campaign references are illustrative only and do not guarantee future outcomes.
3.6 No Fiduciary or Advisory Relationship
The Advertiser acknowledges and agrees that:
- no fiduciary relationship exists between the Advertiser and the Platform Manager;
- the Platform Manager does not provide financial product advice, investment advice, legal advice, taxation advice, or brokerage services;
- and the Advertiser remains solely responsible for all commercial and transaction decisions.
The Advertiser must obtain independent professional advice where appropriate.
3.7 Separate Lead Guarantee Schedules
Where the Platform Manager offers any form of lead guarantee, enquiry campaign, exposure commitment, or promotional undertaking:
- such arrangements apply only where expressly documented in a separate written agreement or campaign schedule;
- all conditions and exclusions contained in that separate document apply;
- and the sole remedy for any failure to meet such commitments will be limited to additional exposure, extended campaign duration, or additional marketing activities as determined by the Platform Manager.
For the avoidance of doubt, refunds are not the remedy for unmet lead generation targets unless expressly required by law or separately agreed in writing.
3.8 Historical and Descriptive References
Any references in marketing materials, press articles, podcasts, advertisements, sales communications, websites, social media, or other communications to:
- the Platform Manager's history, founding, or track record;
- transaction volume or aggregate transaction values facilitated through the Platform;
- media features, awards, or recognition;
- partnerships, affiliations, or past commercial relationships;
- founder background, qualifications, or prior business history;
- investor network size, database size, or subscriber numbers;
- or past campaign results, case studies, or testimonials,
are descriptive and historical only.
Such references do not constitute representations, warranties, or guarantees regarding:
- future outcomes;
- current capabilities;
- likely campaign performance for the Advertiser;
- the size, composition, sophistication, or activity level of any current network or database;
- or any specific result the Advertiser may achieve.
The Advertiser acknowledges that they have not entered into these Terms in reliance upon any such historical or descriptive reference.
4. FEES, PAYMENTS & INSTALMENT PLANS
4.1 Fees
The Advertiser agrees to pay all:
- Subscription Fees;
- Custom Fees;
- Instalment Plan amounts;
- marketing upgrade fees;
- software access fees;
- advertising fees;
- and other charges,
specified in any Proposal, invoice, quote, campaign agreement, payment plan, or accepted service arrangement.
All fees are payable in Australian Dollars (AUD) unless otherwise stated.
4.2 Subscription Fees & Auto-Renewal
Subscription Fees:
- are payable in advance;
- apply for the selected Agreement Period (which may be monthly, annual, or otherwise as agreed);
- and are non-refundable except where required by law.
Unless cancelled in accordance with this clause, Subscription Fees automatically renew at the end of each Agreement Period at the then-current rate published by the Platform Manager. The Advertiser acknowledges that the renewal rate may differ from the original Subscription Fee.
To cancel auto-renewal, the Advertiser must:
- provide written notice to the Platform Manager at support@bizdealroom.com, or cancel through the Platform's account or billing settings; and
- ensure the cancellation notice is received by the Platform Manager at least 24 hours before the scheduled renewal date.
Cancellation requests received less than 24 hours before renewal may not take effect until the following renewal cycle, and the upcoming renewal payment will be processed in the ordinary course.
The Advertiser authorises the Platform Manager or its payment processor to charge recurring Subscription Fees using the payment method provided.
4.3 Custom Fees
Custom Fees may apply for:
- managed campaigns;
- upgraded exposure;
- enhanced marketing;
- podcast production;
- strategic support;
- document preparation;
- CRM onboarding;
- software setup;
- social media advertising;
- content creation;
- and specialised services.
Custom Fees may be:
- invoiced separately;
- included within a Proposal;
- or incorporated into an Instalment Plan.
Unless otherwise agreed in writing, Custom Fees are payable within 7 days of invoice.
4.4 Instalment Plans
Where an Instalment Plan is approved:
- the total amount payable;
- payment dates;
- instalment amounts;
- and payment method
will be confirmed in writing or within the Proposal.
The Advertiser acknowledges and agrees that an Instalment Plan is a payment arrangement offered as a convenience to the Advertiser, allowing the total fees for services to be paid over multiple scheduled payments. The Advertiser further acknowledges and agrees that:
- significant operational, marketing, platform, staff, and third-party costs are incurred by the Platform Manager at or shortly after the commencement of services, regardless of the instalment schedule;
- the instalment schedule reflects when payments are due, and does not reflect when value is delivered, when work is performed, or when costs are incurred by the Platform Manager;
- services, exposure, marketing activities, and platform access may be substantially or fully delivered well in advance of the final instalment becoming due; and
- the Instalment Plan does not entitle the Advertiser to suspend, reduce, withhold, or renegotiate payments on the basis that work has not been performed proportionally with the payment schedule.
Failure to pay any instalment when due constitutes a material breach of these Terms.
4.5 Default Under Instalment Plans
If any payment remains unpaid for more than 7 days after its due date, the Platform Manager may, without limitation:
- suspend or terminate services;
- remove Listings;
- suspend access to CRM systems or marketing tools;
- pause campaigns;
- declare all remaining instalments immediately due and payable;
- engage debt recovery services;
- commence legal proceedings;
- or report payment defaults to credit reporting agencies where permitted by law.
The Advertiser remains liable for:
- all outstanding amounts;
- recovery costs;
- merchant fees;
- legal costs;
- collection agency fees;
- and administrative expenses reasonably incurred by the Platform Manager.
4.6 Automatic Payments, Stored Payment Methods & Payment Security
The Advertiser authorises the Platform Manager and its payment processors to:
- store payment methods, including credit and debit card details;
- process recurring payments;
- process Instalment Plan payments;
- retry failed payments;
- and charge outstanding amounts due under these Terms.
The Platform Manager may, at its sole discretion, require any of the following as a condition of providing services, accepting an Instalment Plan, or continuing services following a payment default:
- a valid credit or debit card held on file for automatic payment;
- a signed direct debit authorisation;
- updated or alternative payment details where the existing method has failed; or
- such other reasonable security as the Platform Manager may require.
The Advertiser is responsible for ensuring valid payment details remain current at all times. Failure to maintain valid payment details constitutes a breach of these Terms and may result in suspension or termination of services.
4.7 GST
Unless otherwise stated:
- fees payable by Australian Advertisers include GST;
- tax invoices will be issued where applicable;
- and GST will be applied in accordance with Australian tax law.
International Advertisers may remain responsible for:
- local taxes;
- duties;
- currency conversion fees;
- bank fees;
- or international transaction charges applicable in their jurisdiction.
4.8 Overdue Amounts
The Platform Manager may charge interest on overdue amounts at a rate of 10% per annum, calculated daily.
Acceptance of late or partial payments does not waive the Platform Manager's rights under these Terms.
4.9 Fee Disputes
Any dispute regarding fees or invoices must:
- be submitted in writing within 7 days of the invoice date or issue arising;
- specify the nature of the dispute;
- and include supporting details.
The Advertiser must pay all undisputed amounts while any dispute is being reviewed.
Failure to pay undisputed amounts may result in service suspension or termination.
4.10 No Set-Off
The Advertiser may not:
- withhold payment;
- deduct amounts;
- apply set-offs;
- or reduce fees,
due to disputes, claims, transaction outcomes, campaign dissatisfaction, or alleged service issues unless required by law or agreed in writing by the Platform Manager.
4.11 No Success Fees or Transaction Commissions
The Platform Manager does not charge success fees, brokerage commissions, transaction commissions, or completion-based fees in relation to transactions involving the Advertiser's business, property, capital raise, or Listing.
All fees payable under these Terms relate solely to advertising, promotional, software, marketing, exposure, and related services.
Where the Advertiser is accepted into the Platinum Plus tier under a separate Platinum Plus Campaign & Advertising Services Agreement, an additional Campaign Marketing Fee may apply. The Campaign Marketing Fee is a fee for marketing, platform and campaign services calculated by reference to capital raised or transaction value generated during the engagement period. For the avoidance of doubt, the Campaign Marketing Fee is not a success fee, brokerage commission, transaction commission, or completion-based fee, and the Platform Manager does not act as a broker, agent, financial adviser, or transaction intermediary in connection with any such fee. Full terms relating to the Campaign Marketing Fee are set out in the separate Platinum Plus Campaign & Advertising Services Agreement.
4.12 Debt Acknowledgement
By accepting these Terms, entering into any Instalment Plan, or accepting any invoice for Subscription Fees or Custom Fees, the Advertiser:
- acknowledges and agrees that all amounts payable to the Platform Manager under these Terms constitute a liquidated debt;
- agrees that these Terms, together with any accepted Proposal, invoice, Instalment Plan, or payment arrangement, constitute a debt agreement enforceable in the courts of Queensland and elsewhere;
- acknowledges that the Platform Manager may pursue all legal remedies available for the recovery of liquidated debts, including summary judgment proceedings;
- and authorises the Platform Manager to report payment defaults to credit reporting bodies where permitted by law.
This clause constitutes acknowledgment by the Advertiser that amounts payable under accepted Proposals, invoices, Subscription Fees, Custom Fees, and Instalment Plans are due and payable debts enforceable in accordance with applicable law. This clause survives termination of these Terms.
5. REFUNDS, DISPUTES & CHARGEBACKS
5.1 No Refunds
All fees paid under these Terms are non-refundable except where required by Australian law.
The Advertiser acknowledges and agrees that substantial resources, labour, operational allocation, and marketing costs may be incurred immediately upon commencement of services, including:
- onboarding;
- campaign preparation;
- Listing setup;
- content preparation;
- information memorandum review;
- marketing strategy;
- platform allocation;
- software access;
- CRM setup;
- digital marketing preparation;
- database distribution;
- podcast preparation;
- administration;
- and staff allocation.
These costs are incurred regardless of transaction outcome or campaign performance.
5.2 No Refund for Commercial Outcomes
Refunds are not provided for:
- change of mind;
- dissatisfaction with campaign performance;
- dissatisfaction with Lead quality;
- lack of transaction completion;
- failure to secure funding;
- failure to sell a business or property;
- lack of investor participation;
- market conditions;
- delays in transactions;
- non-responsive Leads;
- third-party conduct;
- or subjective dissatisfaction of any kind.
The Advertiser acknowledges that advertising and lead generation services do not guarantee commercial outcomes.
5.3 Service Commencement
Services are deemed commenced immediately upon any of the following occurring:
- acceptance of a Proposal;
- payment being processed;
- onboarding commencing;
- Listing preparation commencing;
- campaign setup commencing;
- CRM access being issued;
- staff allocation occurring;
- or marketing preparation beginning.
Once services have commenced, fees become non-refundable except where required by law.
5.4 Chargebacks & Payment Reversals
The Advertiser agrees not to initiate:
- chargebacks;
- payment reversals;
- payment disputes;
- or merchant disputes
for services already commenced or delivered.
Where a chargeback or payment reversal is initiated, the Platform Manager may:
- immediately suspend services;
- remove Listings;
- suspend account access;
- terminate campaigns;
- declare all outstanding amounts immediately due and payable;
- and pursue debt recovery or legal action.
The Advertiser remains liable for:
- all outstanding fees;
- merchant fees;
- chargeback costs;
- administrative costs;
- recovery costs;
- and legal expenses reasonably incurred by the Platform Manager.
5.5 Evidence of Service Delivery
The Advertiser acknowledges and agrees that the Platform Manager may rely upon and provide the following as evidence of contractual acceptance and service delivery:
- accepted Proposals;
- digital acceptance records;
- timestamps;
- IP addresses;
- browser and device information;
- login records;
- CRM activity;
- Listing activity;
- communication records;
- onboarding records;
- campaign records;
- payment records;
- email correspondence;
- marketing activity;
- and usage logs.
Such records may be provided to:
- payment processors;
- financial institutions;
- debt recovery agencies;
- legal representatives;
- courts;
- or regulatory authorities,
where reasonably necessary to enforce these Terms or respond to disputes.
5.6 Dispute Resolution Procedure
If the Advertiser disputes any service or fee, the Advertiser must:
- notify the Platform Manager in writing within 7 days of the issue arising;
- provide full details of the dispute;
- provide any supporting documentation reasonably requested;
- and allow the Platform Manager a reasonable opportunity to investigate and respond.
The parties agree to attempt to resolve disputes in good faith before commencing formal legal proceedings.
The Platform Manager will, where reasonably practicable, attempt to address legitimate disputes in good faith within 14 days of receiving a written notice of dispute, before commencing formal debt recovery, legal proceedings, or credit reporting action. This does not extend the Advertiser's obligation to pay undisputed amounts during the dispute period.
5.7 Ongoing Payment Obligations During Disputes
The existence of a dispute does not relieve the Advertiser from paying:
- undisputed amounts;
- recurring subscription fees;
- or instalment payments,
while the dispute is being reviewed.
Failure to continue making required payments may result in suspension or termination of services.
5.8 Sole Remedies
To the maximum extent permitted by law, where the Platform Manager agrees that a service issue has occurred, the Platform Manager may, at its discretion:
- provide additional campaign exposure;
- extend campaign duration;
- provide additional marketing activities;
- reissue promotional activity;
- or supply services again.
Refunds are not the default remedy unless required by law or expressly agreed in writing by the Platform Manager.
6. ADVERTISER OBLIGATIONS & WARRANTIES
6.1 Accuracy of Information
The Advertiser warrants that all information, materials, statements, representations, images, documents, financial information, and content supplied to the Platform Manager or published in connection with a Listing are:
- true;
- accurate;
- complete;
- current;
- not misleading or deceptive;
- and compliant with all applicable laws and regulations.
The Advertiser must promptly notify the Platform Manager of any material change affecting a Listing or related information.
6.2 Authority to Advertise
The Advertiser warrants that they:
- have full legal authority to advertise the Listing;
- have authority to publish all supplied content and information;
- have authority to enter into transactions relating to the Listing;
- and have obtained all necessary approvals, consents, licences, permissions, and corporate authorisations required to publish the Listing and engage the Platform Manager.
Where the Advertiser acts on behalf of another party, entity, trust, or business owner, the Advertiser warrants that they are properly authorised to do so.
6.3 Compliance With Laws
The Advertiser is solely responsible for ensuring that:
- their Listing;
- their conduct;
- any proposed transaction;
- and all related activities
comply with all applicable:
- laws;
- regulations;
- licensing requirements;
- securities laws;
- fundraising laws;
- financial services laws;
- privacy laws;
- consumer laws;
- and taxation obligations.
The Platform Manager does not provide legal, financial, licensing, or compliance advice.
6.4 Prohibited Content & Conduct
The Advertiser must not upload, publish, distribute, or promote any content that:
- is false, misleading, or deceptive;
- is unlawful or fraudulent;
- infringes intellectual property rights;
- breaches confidentiality obligations;
- contains defamatory, offensive, discriminatory, or inappropriate material;
- breaches privacy laws;
- contains malicious code or harmful software;
- promotes unlawful financial products or illegal activities;
- or otherwise exposes the Platform Manager to legal, regulatory, reputational, or commercial risk.
The Platform Manager may remove or refuse any content at its sole discretion.
6.5 Advertiser Responsibility for Transactions
The Advertiser remains solely responsible for:
- all negotiations;
- due diligence processes;
- transaction documentation;
- investor communications;
- buyer communications;
- compliance obligations;
- disclosures;
- and transaction outcomes.
The Advertiser acknowledges that the Platform Manager:
- is not a party to any transaction;
- does not negotiate on behalf of the Advertiser;
- and does not verify third parties or transaction participants.
6.6 No Misrepresentation of Relationship
The Advertiser must not:
- represent that the Platform Manager endorses the Listing;
- represent that the Platform Manager guarantees outcomes;
- represent that the Platform Manager has verified investors, buyers, or Leads;
- represent that the Platform Manager acts as the Advertiser's legal representative, broker, agent, or adviser;
- or otherwise mischaracterise the relationship between the parties.
6.7 Account Security & Access
The Advertiser is responsible for:
- maintaining confidentiality of login credentials;
- restricting access to authorised users only;
- all activity conducted through their account;
- and promptly notifying the Platform Manager of any suspected unauthorised access or security breach.
The Platform Manager is not liable for losses arising from unauthorised use of the Advertiser's account.
6.8 Cooperation Obligations
The Advertiser agrees to:
- respond promptly to reasonable requests for information;
- provide requested campaign materials;
- cooperate with onboarding and compliance processes;
- maintain accurate contact details;
- and engage reasonably with campaign activities.
Delays or failures by the Advertiser may negatively impact campaign performance and do not entitle the Advertiser to refunds or fee reductions.
6.9 Independent Advice
The Advertiser acknowledges that they have had the opportunity to obtain independent:
- legal advice;
- accounting advice;
- taxation advice;
- financial advice;
- and licensing advice
before entering into these Terms.
The Advertiser must rely on their own independent assessment regarding any transaction, fundraising activity, business sale, or Listing.
6.10 Indemnity
The Advertiser indemnifies and holds harmless the Platform Manager, its directors, employees, contractors, representatives, and related entities from and against any claims, losses, liabilities, damages, costs, expenses, legal fees, penalties, demands, or proceedings arising from or relating to:
- the Advertiser's Listing;
- any information supplied by the Advertiser;
- any breach of these Terms;
- any transaction involving the Advertiser;
- any claim by investors, buyers, purchasers, or third parties;
- any misleading or deceptive conduct by the Advertiser;
- or any unlawful or negligent act or omission by the Advertiser.
This indemnity survives termination of these Terms.
6.11 Review & Approval of AI-Generated and Platform-Prepared Content
The Advertiser acknowledges that the Platform Manager may use artificial intelligence systems, automated content generation tools, and software-assisted workflows to prepare, draft, or assist in the preparation of Listing content, marketing copy, promotional materials, podcast content, social media content, investor outreach communications, and related campaign materials.
The Advertiser agrees that:
- all AI-generated and Platform-prepared content is prepared based on information supplied by the Advertiser and assumptions reasonably drawn from that information;
- AI-generated content may contain errors, inaccuracies, omissions, or inferences that require human verification;
- the Advertiser is solely responsible for reviewing all AI-generated and Platform-prepared content before publication, distribution, or use;
- the Platform Manager will, where reasonably practicable, provide the Advertiser with an opportunity to review content prior to publication;
- where the Platform Manager provides such content for review, the Advertiser must approve or request amendments within 3 Business Days of receipt;
- failure to respond within the review window will be deemed approval of the content as supplied;
- once content is approved (expressly or by deemed approval), the Advertiser warrants the accuracy and compliance of that content and assumes full responsibility for its publication and use;
- and the indemnity at clause 6.10 applies to all claims arising from AI-generated or Platform-prepared content that has been approved by the Advertiser.
The Platform Manager is not liable for any inaccuracy, omission, or misleading statement in AI-generated or Platform-prepared content that has been approved (expressly or by deemed approval) by the Advertiser.
7. PLATFORM RIGHTS, DISCLAIMERS & SERVICE LIMITATIONS
7.1 Platform Discretion
The Platform Manager reserves the right, at its sole discretion, to:
- approve or reject any Listing;
- edit formatting, layout, headlines, categories, or presentation;
- request amendments or supporting documentation;
- suspend or remove Listings;
- refuse services;
- restrict account access;
- pause campaigns;
- or terminate services,
where the Platform Manager considers it necessary for operational, legal, regulatory, reputational, compliance, technical, or commercial reasons.
The Platform Manager is under no obligation to publish or continue publishing any Listing.
7.2 Content Moderation
The Platform Manager may review, monitor, modify, remove, restrict, or refuse any content that the Platform Manager considers:
- inaccurate;
- misleading;
- deceptive;
- unlawful;
- inappropriate;
- non-compliant;
- offensive;
- defamatory;
- high-risk;
- or otherwise unsuitable for the Platform.
The Platform Manager is not obligated to actively monitor all Listings or user activity.
7.3 No Verification of Listings or Third Parties
The Advertiser acknowledges and agrees that the Platform Manager:
- does not independently verify Listing information;
- does not guarantee the accuracy or completeness of Listings;
- does not verify ownership claims, authority, financial information, or transaction details;
- does not verify investors, buyers, purchasers, or Leads;
- and does not guarantee the legitimacy, sophistication, suitability, financial capacity, or intentions of any third party.
The Advertiser is solely responsible for conducting their own due diligence regarding any transaction or third party.
7.4 Third-Party Conduct
The Platform Manager is not responsible or liable for:
- acts or omissions of investors, buyers, purchasers, Leads, advisors, or third parties;
- failed transactions;
- fraudulent conduct;
- misleading statements made by third parties;
- confidentiality breaches by third parties;
- or disputes between Advertisers and third parties.
Any dealings between the Advertiser and third parties are conducted entirely at the Advertiser's own risk.
7.5 Platform Availability
The Platform Manager will use reasonable efforts to maintain operation of the Platform and related systems.
However, the Platform Manager does not guarantee:
- uninterrupted access;
- error-free operation;
- continuous uptime;
- delivery rates;
- campaign reach;
- or availability of any feature, service, or communication channel.
The Platform may be affected by:
- maintenance;
- outages;
- software failures;
- cyber incidents;
- third-party provider failures;
- advertising restrictions;
- algorithm changes;
- regulatory changes;
- or events outside the Platform Manager's control.
Temporary interruptions do not entitle the Advertiser to refunds or compensation unless required by law.
7.6 Third-Party Platforms & Algorithms
The Platform Manager may rely on third-party providers including:
- advertising networks;
- social media platforms;
- payment processors;
- CRM systems;
- podcast platforms;
- search engines;
- hosting providers;
- communication systems;
- and software providers.
The Platform Manager has no control over:
- third-party algorithms;
- advertising approvals;
- account restrictions;
- content visibility;
- delivery performance;
- or policy changes imposed by third-party providers.
The Platform Manager is not liable for reduced campaign performance or interruptions caused by third-party platforms.
7.7 Intellectual Property
The Advertiser grants the Platform Manager a worldwide, non-exclusive, royalty-free licence to:
- use;
- reproduce;
- display;
- publish;
- distribute;
- modify formatting;
- adapt for marketing purposes;
- and promote
any content, materials, trademarks, logos, images, or information supplied by the Advertiser in connection with the Advertising Services.
This licence:
- commences upon the Advertiser supplying any content or materials to the Platform Manager;
- continues for the duration of the campaign or Advertising Services; and
- continues for a further period of 7 years following the conclusion of the campaign or termination of services, for archival, administrative, legal, regulatory, dispute resolution, and reasonable promotional purposes (including reference to past campaigns in case studies, portfolio materials, and platform statistics, subject to confidentiality obligations).
The Advertiser warrants that they own or have all necessary rights to grant this licence in respect of all supplied content.
7.8 Use of AI & Automated Systems
The Platform Manager may utilise artificial intelligence systems, automated marketing systems, CRM automations, content generation tools, automated distribution tools, and software-assisted workflows in connection with the Advertising Services.
The Advertiser's obligations regarding review and approval of such content are set out in clause 6.11.
7.9 Promotional References
Unless otherwise agreed in writing, the Platform Manager may reference the existence of a Listing, campaign, or commercial relationship for:
- portfolio purposes;
- marketing purposes;
- case studies;
- promotional material;
- platform statistics;
- or general business promotion,
provided confidential information is not intentionally disclosed in breach of agreed confidentiality obligations.
7.10 Suspension of Services
The Platform Manager may suspend services immediately where:
- payments are overdue;
- the Advertiser breaches these Terms;
- misleading or unlawful content is suspected;
- regulatory concerns arise;
- legal risks arise;
- or the Platform Manager reasonably considers suspension necessary to protect operational, legal, commercial, or reputational interests.
Suspension does not relieve the Advertiser from payment obligations under these Terms.
The Platform Manager reserves the right to charge a reasonable service reactivation fee as a condition of restoring suspended services. Reactivation is not automatic and remains at the Platform Manager's sole discretion, even where all outstanding amounts have been paid.
8. CANCELLATION, TERMINATION & EFFECT OF TERMINATION
8.1 Cancellation by Advertiser
The Advertiser may cancel:
- a subscription;
- recurring billing arrangement;
- or ongoing service
by providing written notice to the Platform Manager prior to the next billing cycle.
Cancellation:
- does not affect amounts already paid or payable;
- does not terminate outstanding Instalment Plan obligations;
- and does not entitle the Advertiser to refunds except where required by law.
Unless otherwise agreed in writing, cancellation takes effect at the end of the current billing period.
8.2 Termination by Platform Manager
The Platform Manager may suspend or terminate services immediately, without liability, where:
- the Advertiser breaches these Terms;
- payment remains overdue;
- misleading or unlawful content is suspected;
- fraudulent activity is suspected;
- the Advertiser engages in abusive, threatening, unlawful, or inappropriate conduct;
- regulatory, legal, reputational, or operational concerns arise;
- a chargeback or payment reversal is initiated;
- or the Platform Manager reasonably considers termination necessary to protect its commercial, operational, legal, or reputational interests.
8.3 Effect of Suspension or Termination
Upon suspension or termination:
- Listings may be removed;
- campaigns may cease;
- access to CRM systems, data rooms, or marketing tools may be revoked;
- account access may be disabled;
- and promotional activities may stop immediately.
Termination or suspension does not:
- waive outstanding payment obligations;
- cancel Instalment Plan liabilities;
- release accrued debts;
- or entitle the Advertiser to refunds or compensation except where required by law.
8.4 Outstanding Amounts Become Payable
Where services are terminated due to:
- non-payment;
- breach of these Terms;
- chargebacks;
- misleading conduct;
- or unlawful conduct,
the Platform Manager may declare all outstanding amounts immediately due and payable, including remaining Instalment Plan amounts relating to services already allocated, commenced, or committed.
8.5 Recovery Rights
Following default, suspension, or termination, the Platform Manager may:
- pursue debt recovery;
- engage collection agencies;
- commence legal proceedings;
- report defaults to credit reporting bodies where permitted by law;
- or exercise any other rights available at law.
The Advertiser remains liable for all reasonable:
- legal costs;
- recovery costs;
- administrative costs;
- merchant fees;
- and collection expenses
incurred by the Platform Manager.
8.6 Survival of Clauses
The following provisions survive suspension, cancellation, or termination:
- payment obligations;
- debt acknowledgement (clause 4.12);
- indemnities;
- limitation of liability provisions;
- confidentiality obligations;
- dispute provisions;
- intellectual property licences;
- chargeback provisions;
- debt recovery rights;
- and any clauses intended by their nature to survive termination.
8.7 No Liability for Termination
To the maximum extent permitted by law, the Platform Manager is not liable for:
- losses;
- damages;
- lost opportunities;
- lost profits;
- investor loss;
- transaction loss;
- reputational damage;
- or consequential loss
arising from suspension, cancellation, or termination of services under these Terms.
9. LIMITATION OF LIABILITY
9.1 Services Provided "As Is"
The Platform, Advertising Services, Marketing Services, software systems, CRM tools, communication systems, and related services are provided on an "as is" and "as available" basis.
To the maximum extent permitted by law, the Platform Manager makes no warranties, representations, or guarantees regarding:
- service availability;
- platform uptime;
- campaign performance;
- Lead quality;
- transaction outcomes;
- investor participation;
- software functionality;
- data accuracy;
- compatibility;
- or uninterrupted operation.
9.2 Maximum Liability
To the maximum extent permitted by law, the total aggregate liability of the Platform Manager arising from or related to:
- these Terms;
- the Platform;
- Advertising Services;
- Marketing Services;
- software access;
- campaigns;
- Listings;
- or any related services,
whether in contract, tort (including negligence), statute, equity, or otherwise, is strictly limited to the total amount actually paid by the Advertiser to the Platform Manager during the 12 months immediately preceding the event giving rise to the claim.
9.3 Excluded Losses
To the maximum extent permitted by law, the Platform Manager is not liable for:
- indirect loss;
- consequential loss;
- special damages;
- punitive damages;
- exemplary damages;
- incidental damages;
- loss of profits;
- loss of opportunity;
- loss of revenue;
- loss of business;
- loss of goodwill;
- loss of anticipated savings;
- loss of data;
- reputational damage;
- transaction failure;
- investor conduct;
- buyer conduct;
- or third-party claims.
This exclusion applies even if the Platform Manager was advised such losses were possible.
9.4 No Liability for Transactions or Third Parties
The Platform Manager:
- is not a party to any transaction;
- does not guarantee transactions;
- does not guarantee funding outcomes;
- does not guarantee investor participation;
- does not verify third parties;
- and accepts no liability for the conduct, acts, omissions, or representations of:
- investors;
- buyers;
- purchasers;
- Leads;
- advisors;
- Deal Managers;
- or any third party.
The Advertiser assumes full responsibility for all dealings and transactions with third parties.
9.5 No Liability for Listing Information
The Platform Manager is not responsible for:
- inaccuracies in Listings;
- misleading information supplied by Advertisers;
- omissions in Listing content;
- financial representations;
- transaction disclosures;
- or any reliance placed upon Listing information by third parties.
The Advertiser remains solely responsible for all information supplied in connection with a Listing.
9.6 No Liability for Technical Issues
The Platform Manager is not liable for:
- software failures;
- outages;
- communication delays;
- cyber incidents;
- hosting failures;
- CRM interruptions;
- email delivery issues;
- advertising restrictions;
- algorithm changes;
- platform downtime;
- data corruption;
- or failures caused by third-party providers.
9.7 Consumer Law
Nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.
Where liability cannot lawfully be excluded but can be limited, the Platform Manager's liability is limited, at its option, to:
- supplying the services again;
- paying the cost of having the services supplied again;
- or refunding the portion of fees directly relating to the affected services,
to the extent permitted by law.
9.8 Reasonableness of Limitations
The Advertiser acknowledges and agrees that:
- the limitations and exclusions contained in these Terms are reasonable;
- the fees charged reflect the allocation of risk between the parties;
- and the Platform Manager would not provide the services on the same commercial terms without these liability limitations.
9.9 Advertiser Responsibility
The Advertiser acknowledges and agrees that:
- they are solely responsible for evaluating all commercial opportunities;
- they are solely responsible for conducting due diligence;
- and they accept full responsibility for all transactions, negotiations, disclosures, and decisions relating to their Listing or campaign.
The Advertiser must obtain independent professional advice where appropriate.
10. PRIVACY, CONFIDENTIALITY & COMMUNICATIONS
10.1 Privacy Compliance
The Platform Manager collects, uses, stores, and discloses personal information in accordance with:
- the Privacy Act 1988 (Cth);
- applicable privacy laws;
- and the Platform Manager's Privacy Policy as updated from time to time.
By using the Platform or Advertising Services, the Advertiser consents to the collection, use, disclosure, and storage of information as reasonably necessary to provide services and operate the Platform.
10.2 Information Collection & Use
The Platform Manager may collect and use information including:
- contact information;
- account information;
- payment information;
- Listing content;
- campaign data;
- communication records;
- CRM activity;
- marketing analytics;
- IP addresses;
- browser/device information;
- and usage activity,
for purposes including:
- providing services;
- campaign management;
- platform administration;
- marketing;
- customer support;
- fraud prevention;
- compliance;
- payment processing;
- analytics;
- and service improvement.
10.3 Disclosure to Third Parties
The Advertiser acknowledges and agrees that information may be disclosed to:
- payment processors;
- CRM providers;
- software providers;
- marketing platforms;
- podcast distributors;
- advertising networks;
- professional advisers;
- contractors;
- service providers;
- regulators;
- courts;
- law enforcement;
- or debt recovery agencies,
where reasonably necessary for:
- service delivery;
- operational purposes;
- compliance;
- dispute resolution;
- debt recovery;
- or legal obligations.
10.4 Electronic Communications
The Advertiser consents to receiving communications electronically, including:
- emails;
- SMS messages;
- CRM notifications;
- platform notifications;
- automated communications;
- invoices;
- marketing communications;
- payment reminders;
- campaign updates;
- and legal notices.
Electronic communications satisfy any legal requirement for written communications to the extent permitted by law.
10.5 Marketing Communications
Unless the Advertiser opts out where legally permitted, the Platform Manager may send:
- promotional communications;
- campaign updates;
- product announcements;
- educational content;
- service offers;
- and related marketing communications.
The Advertiser may unsubscribe from marketing communications at any time, however operational or transactional communications may still be sent where necessary.
10.6 Confidential Information
Each party must keep confidential any non-public confidential information disclosed by the other party in connection with the services, except where disclosure:
- is required by law;
- is authorised by the disclosing party;
- is reasonably necessary for service delivery;
- or relates to information already publicly available.
The Platform Manager does not guarantee confidentiality obligations owed by third parties, investors, buyers, Leads, or platform users.
10.7 Data Rooms & Sensitive Information
Where the Platform provides:
- data rooms;
- document sharing tools;
- NDA functionality;
- or controlled access systems,
the Advertiser acknowledges and agrees that:
- no system is completely secure;
- third parties may breach confidentiality obligations;
- and the Platform Manager does not guarantee protection against unauthorised disclosure, copying, downloading, or misuse of information by third parties.
The Advertiser uploads and shares information at their own risk.
10.8 Communication Monitoring, Call Recording & Records
The Advertiser consents to the recording, monitoring, retention, and use by the Platform Manager of all communications conducted with or through the Platform Manager, including:
- telephone calls (inbound and outbound), including sales calls, onboarding calls, support calls, account management calls, and calls with the Platform Manager's contractors and representatives;
- video calls, screen-share sessions, and online meetings;
- emails, SMS messages, chat messages, and CRM communications;
- voicemails;
- onboarding interactions;
- campaign activity and CRM activity logs; and
- platform usage logs.
The Advertiser acknowledges and agrees that:
- calls and communications may be recorded without further notice at the time of the call;
- recordings and records may be retained indefinitely for operational, compliance, training, dispute resolution, fraud prevention, debt recovery, legal, regulatory, and security purposes;
- the Platform Manager may rely upon and produce such recordings and records as evidence in any dispute, debt recovery action, or legal proceeding;
- and where the Advertiser places a call to the Platform Manager or accepts a call from the Platform Manager or its contractors, this consent constitutes express consent for the purposes of all applicable Australian state and territory listening devices, surveillance devices, and equivalent legislation.
Where the Advertiser does not wish a particular communication to be recorded, the Advertiser must expressly state this at the commencement of the relevant communication, in which case the Platform Manager may decline to continue the communication.
Severability of this clause: If any part of this clause 10.8 is found to be unenforceable, invalid, or contrary to any applicable law in any jurisdiction (including but not limited to listening devices or surveillance devices legislation in any Australian state or territory):
- the unenforceable, invalid, or non-compliant portion will be severed to the minimum extent necessary;
- the remainder of this clause 10.8 will continue in full force and effect to the maximum extent permitted by law;
- all other clauses of these Terms remain unaffected and continue in full force and effect;
- and the Advertiser's consent to recording, monitoring, and retention of communications continues to apply in all jurisdictions and circumstances where such consent is lawfully effective.
The unenforceability of this clause in one jurisdiction does not affect its enforceability in any other jurisdiction.
10.9 International Data Transfers
The Advertiser acknowledges that information may be stored, processed, or transferred outside Australia through third-party service providers or cloud systems.
The Platform Manager takes reasonable steps to engage reputable providers but does not guarantee compliance with foreign privacy regimes outside Australia.
10.10 No Guarantee of Data Security
While reasonable security measures are implemented, the Platform Manager does not guarantee:
- absolute security;
- uninterrupted system integrity;
- protection from cyber incidents;
- protection from hacking;
- or protection from unauthorised access by third parties.
To the maximum extent permitted by law, the Platform Manager is not liable for security breaches, data loss, or unauthorised access caused by events outside its reasonable control.
10.11 Data Export on Termination
Upon cancellation, suspension, or termination of services, the Advertiser may request, within 30 days of the effective date of termination, an export of:
- the Advertiser's Listing content;
- contact records and CRM data associated with the Advertiser's account or sub-account;
- communication records to which the Advertiser is a party; and
- such other data reasonably held by the Platform Manager in connection with the Advertiser's account.
Data exports will be provided in a commonly used machine-readable format selected by the Platform Manager (such as CSV, JSON, or PDF) within a reasonable period following a valid written request.
The Advertiser acknowledges and agrees that:
- the Platform Manager may charge a reasonable administrative fee for data export, particularly where the request involves significant volumes of data or specialised formats;
- data exports do not include the Platform Manager's proprietary software, algorithms, scoring data, internal annotations, third-party data, or commercially sensitive information;
- following the 30-day request window, the Platform Manager may delete, archive, or de-identify the Advertiser's data in accordance with the Platform Manager's data retention policies and applicable privacy laws;
- the Platform Manager may retain data after termination where required for legal, regulatory, taxation, debt recovery, dispute resolution, or compliance purposes; and
- the Platform Manager makes no representation regarding the suitability of exported data for use in any other system or platform.
11. GENERAL PROVISIONS
11.1 Entire Agreement
These Terms constitute the entire agreement between the parties regarding the Advertising Services and supersede all prior discussions, negotiations, understandings, representations, proposals, or agreements relating to the subject matter.
Any accepted Proposal, invoice, quote, payment plan, campaign summary, or written service confirmation forms part of this agreement.
11.2 Relationship of Parties
Nothing in these Terms creates:
- a partnership;
- joint venture;
- agency relationship;
- fiduciary relationship;
- employment relationship;
- brokerage relationship;
- or authorised representative arrangement
between the Advertiser and the Platform Manager.
The Platform Manager acts solely as an independent service provider.
11.3 Amendments
The Platform Manager may amend these Terms from time to time by publishing updated Terms on the Platform.
Continued use of the Platform or Advertising Services after updated Terms are published constitutes acceptance of the amended Terms.
Amendments do not retrospectively alter:
- amounts already payable;
- accepted Instalment Plans;
- or accrued payment obligations,
unless expressly agreed in writing.
The Advertiser acknowledges that they have not relied upon any representation, statement, promise, forecast, estimate, or projection not expressly set out in these Terms or an accepted Proposal.
11.4 Assignment
The Advertiser may not assign, transfer, novate, or otherwise deal with their rights or obligations under these Terms without the prior written consent of the Platform Manager.
The Platform Manager may assign or transfer its rights or obligations under these Terms without consent.
11.5 Waiver
Failure or delay by the Platform Manager to enforce any right or provision under these Terms does not constitute a waiver of that right or provision.
Any waiver must be in writing and signed by the Platform Manager.
11.6 Severability
If any provision of these Terms is held to be invalid, unlawful, or unenforceable, that provision will be severed to the extent necessary and the remaining provisions will continue in full force and effect.
11.7 Governing Law
These Terms are governed by the laws of Queensland, Australia.
11.8 Jurisdiction
For Australian Advertisers, the parties submit to the exclusive jurisdiction of the courts of Queensland and any courts entitled to hear appeals from those courts.
For International Advertisers:
- the parties submit to the non-exclusive jurisdiction of the courts of Queensland;
- the Platform Manager may, at its sole discretion, commence proceedings against the Advertiser in any court of competent jurisdiction in the Advertiser's country of residence, place of business, or any jurisdiction in which the Advertiser holds assets;
- the Advertiser expressly consents to the service of legal documents, originating process, notices, and any other court documents by email to the email address provided in the Advertiser's account or last used to communicate with the Platform Manager;
- and the Advertiser agrees that service by email is sufficient and effective service for all purposes, and waives any objection to such service.
If service of legal documents by email is found to be ineffective or impermissible in any particular jurisdiction, that finding does not affect the validity or enforceability of any other part of clause 11.8 or any other clause of these Terms. The Platform Manager may in such circumstances effect service by any other method permitted by the laws of the relevant jurisdiction.
11.9 International Advertisers β General
International Advertisers acknowledge and agree that:
- services are supplied from Australia;
- Australian law governs these Terms;
- consumer protection laws of the Advertiser's home jurisdiction may not apply;
- the Platform Manager makes no representation that the Platform or services comply with laws outside Australia;
- the Advertiser is solely responsible for ensuring compliance with all local laws applicable to their activities;
- currency conversion charges, international transaction fees, and exchange rate fluctuations are the responsibility of the Advertiser;
- and time references in these Terms are to Australian Eastern Standard Time or Australian Eastern Daylight Time as applicable, unless otherwise specified.
11.10 Force Majeure
The Platform Manager is not liable for delay, interruption, suspension, or failure to perform obligations caused by events beyond its reasonable control, including:
- natural disasters;
- power outages;
- cyber incidents;
- internet failures;
- telecommunications failures;
- strikes;
- government actions;
- regulatory changes;
- pandemics;
- war;
- civil unrest;
- third-party platform restrictions;
- or failures of suppliers or service providers.
11.11 Notices
Notices under these Terms may be provided by:
- email;
- platform notification;
- CRM notification;
- SMS;
- or other electronic communication methods reasonably used by the Platform Manager.
Notices sent electronically are deemed received:
- immediately if sent through platform systems;
- or 24 hours after email transmission unless delivery failure is evident.
The Advertiser is responsible for maintaining current contact details.
11.12 Electronic Execution
The Advertiser acknowledges and agrees that:
- electronic acceptance;
- digital signatures;
- click acceptance;
- online payment acceptance;
- proposal acceptance records;
- and electronic communications
constitute legally binding acceptance and execution of these Terms.
The parties consent to conducting transactions electronically to the maximum extent permitted by law.
11.13 Interpretation
In these Terms:
- headings are for convenience only and do not affect interpretation;
- singular words include the plural and vice versa;
- references to legislation include amendments and replacements;
- and the words "including", "includes", and similar expressions are not words of limitation.
11.14 Survival
Any provision intended by its nature to survive termination, including:
- payment obligations;
- debt acknowledgement (clause 4.12);
- indemnities;
- liability limitations;
- dispute provisions;
- confidentiality obligations;
- debt recovery rights;
- and intellectual property licences,
survives termination or expiry of these Terms.
12. IMPORTANT ACKNOWLEDGEMENTS
BY ACCEPTING THESE TERMS, THE ADVERTISER EXPRESSLY ACKNOWLEDGES AND AGREES THAT:
12.1 Marketplace & Advertising Services Only
The Platform Manager provides:
- advertising services;
- marketing services;
- marketplace exposure;
- software tools;
- campaign support;
- and lead generation activities only.
The Platform Manager does not:
- act as a broker;
- act as an investment adviser;
- provide financial product advice;
- negotiate transactions on behalf of Advertisers;
- guarantee investors or buyers;
- or guarantee transaction outcomes.
12.2 No Guarantee of Investors, Funding or Transactions
The Advertiser understands and accepts that:
- no guarantee is provided regarding funding;
- no guarantee is provided regarding investors;
- no guarantee is provided regarding business sales;
- no guarantee is provided regarding commercial outcomes;
- and no guarantee is provided regarding transaction completion.
Advertising and lead generation services are inherently speculative and outcomes vary significantly between campaigns.
12.3 Leads Are Not Verified or Qualified
The Advertiser acknowledges that:
- Leads are not guaranteed to transact;
- Leads may be exploratory, incomplete, anonymous, speculative, or non-responsive;
- the Platform Manager does not verify, qualify, vet, or endorse Leads unless expressly stated otherwise in writing;
- and the Platform Manager does not guarantee the legitimacy, seriousness, financial capacity, sophistication, or transaction readiness of any Lead.
12.4 Advertiser Responsible for Due Diligence
The Advertiser remains solely responsible for:
- conducting due diligence;
- obtaining independent professional advice;
- assessing investors, buyers, and third parties;
- evaluating transactions;
- complying with laws and regulations;
- and making all commercial decisions.
The Advertiser must not rely upon the Platform Manager for legal, financial, investment, taxation, or compliance advice.
12.5 Payment Obligations & Instalment Plans
Where the Advertiser enters into an Instalment Plan or deferred payment arrangement, the Advertiser acknowledges and agrees that:
- they are legally obligated to pay all amounts due;
- substantial services and costs may be incurred immediately upon commencement;
- missed payments may result in debt recovery action;
- and outstanding amounts may become immediately due upon default.
12.6 Non-Refundable Services
The Advertiser acknowledges that:
- services may commence immediately upon acceptance or payment;
- substantial operational and marketing costs may be incurred immediately;
- and fees are non-refundable except where required by law.
12.7 Limitation of Liability
The Advertiser acknowledges and agrees that:
- the Platform Manager's liability is strictly limited under these Terms;
- the Platform Manager is not liable for transaction outcomes or third-party conduct;
- and the Advertiser accepts the allocation of risk reflected in these Terms.
12.8 Electronic Acceptance & Evidence
The Advertiser acknowledges and agrees that:
- electronic acceptance is legally binding;
- click acceptance records may be relied upon as evidence of agreement;
- and electronic records including:
- proposal acceptance logs;
- timestamps;
- IP addresses;
- payment records;
- communications;
- onboarding records;
- and campaign activity
may be relied upon as evidence of acceptance and service delivery.
12.9 Independent Legal Advice
The Advertiser acknowledges that they:
- have had the opportunity to obtain independent legal advice before accepting these Terms;
- understand the legal effect of these Terms;
- and voluntarily enter into this agreement.
12.10 No Success Fees, Brokerage or Commissions
The Advertiser expressly acknowledges and agrees that:
- the Platform Manager does not charge success fees, brokerage commissions, transaction commissions, or completion-based fees in relation to the Advertiser's business, property, capital raise, or Listing;
- all fees payable under these Terms relate solely to advertising, promotional, software, marketing, exposure, and related services;
- the Platform Manager operates as a marketplace and advertising platform, not as a broker, business agent, or transaction intermediary;
- any fees payable to a Deal Manager or other third-party provider are entirely separate from these Terms and are not paid to or shared with the Platform Manager except by way of disclosed referral fee paid by that third party; and
- where the Advertiser is accepted into the Platinum Plus tier under a separate Platinum Plus Campaign & Advertising Services Agreement, an additional Campaign Marketing Fee applies as a fee for marketing, platform and campaign services calculated by reference to campaign outcomes during the engagement period, and is not a success fee, brokerage commission, transaction commission, or completion-based fee.
13. OPTIONAL DEAL MANAGER & THIRD-PARTY REFERRALS
13.1 Introduction Services Only
At the Advertiser's request, the Platform Manager may introduce the Advertiser to:
- Deal Managers;
- consultants;
- advisers;
- brokers;
- marketers;
- accountants;
- solicitors;
- lenders;
- or other third-party service providers.
Such introductions are provided as a convenience service only.
13.2 Independent Third Parties
All third-party providers introduced by the Platform Manager are independent parties and are not:
- employees;
- agents;
- authorised representatives;
- partners;
- or legal representatives
of the Platform Manager unless expressly stated otherwise in writing.
The Platform Manager does not control or supervise third-party providers.
The Platform Manager expressly disclaims any agency, authority, partnership, or representative relationship with any third-party provider for any purpose, including for the purposes of vicarious liability, contractual binding, or regulatory compliance.
13.3 No Representation or Endorsement
The Platform Manager:
- does not guarantee the quality of third-party services;
- does not guarantee licensing status;
- does not guarantee qualifications or experience;
- does not guarantee transaction outcomes;
- and does not endorse or warrant any third-party provider.
The Advertiser is solely responsible for conducting their own due diligence regarding any third-party provider.
13.4 Separate Agreements
Any engagement between the Advertiser and a third-party provider:
- is entirely separate from these Terms;
- is governed solely by agreements between those parties;
- and does not affect the Advertiser's obligations under these Terms.
The Platform Manager is not a party to any agreement between the Advertiser and a third-party provider.
13.5 No Liability for Third-Party Services
The Platform Manager is not liable for:
- acts or omissions of third-party providers;
- transaction advice;
- negotiations;
- failed transactions;
- misconduct;
- negligence;
- licensing issues;
- or disputes involving third-party providers.
The Advertiser releases the Platform Manager from claims arising from or connected to third-party services or referrals.
13.6 Referral Fees
The Platform Manager may receive referral fees, marketing fees, introducer fees, or other commercial benefits from third-party providers, including Deal Managers, introduced to the Advertiser.
The Advertiser acknowledges and agrees that:
- any referral fee paid to the Platform Manager is paid by the third-party provider, not by the Advertiser;
- such arrangements do not increase the Advertiser's fees payable to the Platform Manager;
- such arrangements do not increase the fees the Advertiser pays to the third-party provider, which remain a matter for direct negotiation between the Advertiser and that provider;
- and the Advertiser remains solely responsible for negotiating and agreeing any third-party fees directly with the relevant provider.
Disclosure of referral fee arrangements is made in these Terms and the Advertiser is taken to have consented to such arrangements by accepting these Terms.
13.7 No Authority to Bind
No third-party provider introduced through the Platform has authority to:
- bind the Platform Manager;
- make guarantees on behalf of the Platform Manager;
- vary these Terms;
- or represent that the Platform Manager guarantees transaction outcomes.
End of Terms β Version 2.0
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