General Terms and Conditions

The following terms and conditions rule the contractual relationship between private-equity-australia and the users, that use the internet service from private-equity-australia and conditionsdefine the terms and conditions under which the usage of the services occurs.  Furthermore, they regulate the communication among the users.  These general terms and conditions apply to all users, regardless of what country or over what medium access is achieved.

1. Subject of the Terms and Conditions
1.1. private-equity-australia provides a platform where a user, within the framework of a membership in a worldwide network, can present themselves to other users using previously defined criteria. Free, as well as, membership subscription requiring service features are offered for registered members (users). Prior to the particular use of membership subscription requiring services, the user will be advised that it does require a membership subscription and which membership subscription will be incurred.  One can use these after the corresponding membership subscription is paid.
1.2. The following terms and conditions regulate the claims of the service features through the user.

2. Description of the Service
2.1. private-equity-australia offers its users a time limited membership to a matching platform, on which users present themselves for 90 days, in order to search for funding, and other users can access them based on their presentations. The period of the 90 days starts with the entry of the proposal.
2.2. The membership and included service features are free for users on the funding providing site (investors).
2.3. There is free membership, as well as subscription-based membership tier levels for the users of the funding searching site (entrepreneur).  These are defined in the current membership subscription schedule.
2.4. Definition of the service levels:
Basic: Entrepreneurs can present their proposal during the membership duration at no cost.
Comfort: Entrepreneurs can present their proposal with a membership subscription during the membership duration and can be reached by investors.
Premium: Entrepreneurs can present their proposal with a membership subscription during the membership duration and can be reached by investors.  Additionally, select, registered investors are informed about the proposal.  There is a cash-back in the case that no investor contact comes about.
Business: Entrepreneurs can present their proposal with a membership subscription during the membership duration and can be reached by investors.  Additionally, select, registered investors, as well as, international platforms are actively informed about the proposal.  There is a cash-back in the case that no investor contact comes about.
2.5. private-equity-australia grants a cash-back guarantee for the premium and business packages, in the case that during the 90 day service life no investor contact is made.  Should the entrepreneur not achieve any investor contact, he can within 7 days of the expiration of the 90 day membership validate his claim in a written format according to the terms of his bank details/Paypal.  Should the claim not be validated during this period of time, then the claim will be forfeited.  private-equity-australia can potentially extend the membership an additional 90 days and to release more information broadcasts – even in the international realm.
Should there still not be any contact after the extension time period, private-equity-australia is obligated to refund the amount due to the account given by the member within 10 days. 
2.6. The claim to the cash-back guarantee expires at the moment if the member makes the guarantee fulfilment impossible for private-equity-australia, i.e. inquiries of investors not answered, the proposal decisively changed or prematurely extinguishes. 
2.7. All negotiations, terms and conditions, and agreements are struck by the users among each other. private-equity-australia has no influence on the negotiations, is not success-oriented and does not receive commission.

3. Registration, Confirmation during Registration
3.1. Prior to using the service, the user must register on the corresponding website.
3.2. The user ensures that all data given by him during the registration is true and complete. The user is obligated to inform private-equity-australia of any changes to his user data.  The user may not use any pseudonyms or aliases.
3.3. The user ensures that at the time of registration, he is of age and capable of work.
3.4. During registration the user chooses a password.  He is obligated to keep the password secret.  private-equity-australia will
not forward the password to third parties and will never ask the user for it.
3.5. At the end of registration, the user provides an offer for the completion of the contract through the usage of the website's services and acknowledges the terms of use that are stated in these General Terms and Conditions.  private-equity-australia accepts this offer by clearing the user for the service. The acceptance of this offer forms the contract between the user and private-equity-australia.
3.6. private-equity-australia has the right, at anytime, to block access of the user, who is abusing the system, especially in violation of those responsibilities outlined in paragraph 4.
3.7. If using the subscription-based services, the user must further enter into a contractual agreement, separate from the registration.  Prior to ending the contractual agreement, on the respective website, the user is informed of the subscription-based services and terms of payment.  This contractual agreement for membership subscription -based services is completed by the user clicking the confirmation field in order to accept the terms of payment of the respective website, or provides the required payments.
3.8. Every user may only register once and only create one user profile.

4. Obligations of the User
4.1. The user is obligated to treat emails, other messages, or other user data, that he received in connection through use of the database, with confidentiality and not to make these accessible without allowance from the creator's third party.  The same applies to names, telephone, fax numbers, addresses, email address and/or URLs of other users.  Forwarding the same information from non-users is also prohibited.
4.2. Furthermore, the user is obligated not to use the offered membership subscription services improperly, especially:
a) not to use it to spread defaming, offensive, pornographic, or otherwise illegal materials or such information;
b) not to use it to threaten others, harass or to violate others' rights (including personal rights);
c) not to employ data:
- that has damaging software;
- that includes software or other materials, that are copyrighted or otherwise protected through commercial trademark rights, unless the user is the holder of those respective rights or has the necessary approval of the software, and accordingly the materials;
d) not to use it in a manner in which it would adversely influence the availability of proposals for other users;
e) sending emails to other users for only personal reasons, or to advertise or offer goods or services to other users (excluding cases, in which private-equity-australia specifically allowed this);
f) sending chain mail;
g) not to list either names, addresses, telephone numbers, fax numbers, as well as, any email addresses or URLs, in any other fields but those specifically designated.
4.3. private-equity-investment is not technically able to determine if a registered user actually presents the person that the user claims to be. private-equity-australia does not claim any responsibility for the actual identity of a user.  Every user must assure oneself of the identity of another user.
4.4. The funding user (investor) knows, that dependent on the relative state law he is seen as businessman, through regular money lending with the goal of profit, and therefore, where required, needs a banking license.  All users of the platform have informed themselves of the existing law and rights regulations of the respective country, and will abide by these.

5. Costs
The use of the database is free, as long as the user does not use the membership subscription -based services.  The membership subscriptions incurred through the membership subscription -based services and the payment method are explained in the respective membership subscription -based service.  Further costs will not be accrued through usage. If the access of a user is blocked because of contract violation in terms of paragraph VI. (2) of these provisions, private-equity-australia will keep any not used balances, up to the amount of the selected membership subscription -based service, for a lump sum processing fee for the prevention of the violation of the contract.  The user is left with evidence of very little or no damage at all.

6. Exceptions to the Cost Calculation of Membership subscription -based Services
In the case of legitimate objections/exceptions, the user has the right to request a grace period of ten days in order to settle a proper compliance and a credit in the form of a contract extension. The  user has the right to cancel the contract, if the reason for the claim is not corrected after the grace period expired.  Should the user have already paid for a membership subscription service that has not yet been used, the service claim (balance) will be repaid in relation to the remaining time period.

7. Cancellation and Termination
7.1. The user has the right to cancel, at anytime, without reason.  With cancellation, the saved data record of the users profile is deleted, and the described membership relationship, as described in paragraph 3.1., ended.
7.2. When a user cancels his registration for a membership subscription -based service, the membership described in paragraph 3.3. of these terms and conditions, remains intact.  In this regard, the policies are further valid in terms of the cancellation of the membership.  Through cancellation, the user waives any use of any membership subscription -based services, not yet taken advantage of, that is to say, the user does not receive any repayment for any payments.
7.3. The membership, according to paragraph 3.3., ends automatically at the end of the agreed upon membership length of 90 days.  Should the user with to have an extension, this should be indicated 3 days prior to the end of the membership.

8. Operation
private-equity-australia has the right, but is not obligated, to monitor the content of texts or sent in data for compatability with the general laws or these terms and conditions, and if needed to delete them, where appropriate to lock the access to these data and/or the access to the user.

9. Independent Service Providers
9.1. Other parties, that offer services on the private-equity-australia's website, are labelled as third parties. Services offered by the third parties can be subject to additional terms and conditions and could be membership subscription -based for the user.
9.2. The user is obligated, prior to the usage of the services from a third party, to inform themselves of their general business terms and conditions and prices. private-equity-australia is neither part of or agent of a transaction between the users and distances itself from the content.
9.3. private-equity-australia does not take any liability for the accuracy and dependability of information, opinions or other notifications of third parties.

10. Rights
All rights for programs, services, proceedings, software, technologies, brands, business names, inventions and all materials that belong to private-equity-australia, rest exclusively with private-equity-australia. private-equity-australia is the holder or rightful user of all copyrights of the above named rights.  The usage of all programs and therein included contents, materials, as well as, brands and business names is exclusively allowed according to purposes named in these terms and conditions. Duplication of the programs, services, proceeedings, software, etc. regardless of the purpose is not allowed.

11. Liability
11.1.  Aside from the presentation possibilities for proposals, private-equity-australia also provides a database, wherein a specially designed software reviews consistency with other users and according to specific criteria, forwards information.  private-equity-australia has no control of the correctness of information, that is exchanged between users or that users put into their profile. private-equity-australia does not take responsibility for this information. The liability for this is eliminated in every case.  private-equity-australia also is not liable for the correctness and success of the matches, whether number of or quality of the matches.  Users can enter incorrect information or use the system for other prohibited or illegal means, even if these are not allowed.  All liability for prohibited or illegal usage of the system is excluded.  private-equity-australia further does not take any liability for the correctness of the created user profiles and their evaluation in regard to the compatibility with other users.
11.2. private-equity-australia strives to provide the membership subscription for usage without interruption. From the outset, the membership subscription description, therefore, limits the availability all services on such with insignificant interferences.  An insignificant interference for a membership subscription -based service exists, when the time frame in which the user can not take advantage of this membership, does not exceed two continuous days.  An insignificant interference for a free membership exists when this time period does not exceed 5 continuous days. No liability is taken for the constant and uninterrupted availability or for technical or electronic error of the online offering.  The membership subscription can be employed briefly for updating work. private-equity-australia is not liable, in particular, for disturbances for the quality of the access to the service. Particularly in the case of higher forces or in the case of incidents, that private-equity-australia can not act on, i.e. the outage of communication networks and gateways, power outages, shutoff because of legal restrictions or requirements, platform outages, dataloss, computer viruses or resulting damages and losses because of the forwarding of data.
11.3. For damages, that are not caused by the previously named or similar reasons, private-equity-australia is only liable in deliberate actions or gross negligence of its vital parts, employees and assistants and only in proportion in which he contributed to other causes in the development of the damages.
11.4. private-equity-australia is liable for simple negligence, as far as a vital part, employee or assistant of private-equity-australia has violated an integral obligation of the contract. Integral obligations of the contract are such, that the user can regularly trust their observance or that make the execution of the contract possible.  The liability is limited to the typically caused damages.
11.5. This exclusion of liability does not apply with damages causing damage of life, the body or health, if the damages were caused by gross negligence by private-equity-australia or through its representative or the liability because of missing assured characteristics and for the liability according to the Product Liability Act.
11.6. For the rest, the liability is excluded. Claims can not be derived from usage of the membership subscription services. Liability is excluded for the businesses originated between the users.  Particularly, private-equity-australia is not liable for lost profits or other capital damages of the user.

12. Exemption/Release
The user releases private-equity-investment from all obligations, charges and claims resulting from damages because of slander, libel, violation of personal rights through other users, resulting from service outages for users, resulting from violation of immaterial goods or other rights through members.

13. Communication
The user can forward questions and comments regarding his contract or individual services through the website contact form or the specific addresses, via fax, or mail. private-equity-australia makes an effort, but is not obligated to reply to questions and comments within 72 hours. The response does not belong to the integral obligations of private-equity-australia.

14. Data Protection
14.1. private-equity-australia alerts that necessary data of business transactions are handled and saved through an electronic data processing system.  Personal data are treated confidentially.  The corresponding rules and regulations are followed.
14.2. At every access of the website and file request, the data regarding this transaction is saved in a log file and handled. Items specifically saved in every access/request are as follows:

- date/time
- visited site
- description of the type of web browser
- operating system used
- IP-address
- search term

The data is strictly used and evaluated for statistical purposes.  The access statistics do not contain any inferences to personal data.
14.3. At the calling up of individual sites, so-called temporary cookies are used in order to make navigation easier. These session cookies do not contain any personal information and expire after the session is ended.
14.4. When users use the contact form, the given personal data is used specifically for the processing of the request.  The personal data does not get saved in our electronic data bank. Data that is sent to private-equity-australia through the contact or similar forms, es exclusively used to establish contact, or for the specific purpose in the contact form.
14.5. The users agrees that the profile information, their username (pseudonym) and the email address for establishing contact, is available to the contact partner via the monitor and through email.  By forwarding data via a pseudonym (freely chosen username) the user can not be implied. Personal data is only then apparent when released specifically by the user, through payment for that service.
14.6. private-equity-australia guarantees that the provided data is not used for commercial uses or sold to third parties on other occasions, leased or forwarded in other forms.  The law enforcement agency establishes here the exceptions.  private-equity-australia has the right to use the data for control, information, service, and advertising emails to the users.  Through confirming the newsletter function, the user accepts to receive the newsletter from private-equity-australia from time to time.

15. Compensation / Withholding Rights
The user can only assert a claim  for compensation or withholding rights against private-equity-australia, as long as his demands are legally confirmed, undisputed, or acknowledged.

16. Changes to the General Terms and Condition
16.1. private-equity-australia has the right to change the business terms and conditions at any time, insofar as integral policies and procedures of the contractual relationship are not affected and this adaption is beneficial for development, which was not foreseeable at the formation of the contract and whose non-consideration would measurably disturb the balance of the contract relationship.  Integral policies and procedures are in particular, those regarding type and extent of the contractually agreed upon membership subscriptions and the duration of the policies and procedures until termination. Changes can be made to those after the termination of the contract in order to close any loopholes in the policies and procedures.  This is particularly the case regarding a change in the case law, that have influence on the policies and procedures in these general terms and conditions.
16.2.  Membership subscription descriptions can be changed, insofar as the changed membership terms do not deviate noticeably,
when referring to these technical innovations come on the market or deliverers for private-equity-australia change their membership offerings, that make a change beneficial and through which does not affect the user negatively.
16.3. Agreed upon prices can be changed to offset changed delivery fees.
16.4. private-equity-australia will notify the users of the changes.  The communication will go to the last known email address of the user.  The user has the right to object to the changes of the general terms and conditions within a grace period of six weeks.  Hereupon, private-equity-australia shows specifically each change.  If the user does not object to the changes within the grace period, the new terms and conditions take affect the day the grace period terminates.

17. General
The right of the business seat of private-equity-australia applies for these general terms and conditions and the entire privity of contract between the user and private-equity-australia. Should individual provisions of these general terms and conditions be invalid or incomplete or become so in the future, this does not affect the validity of the remaining terms and conditions. Involved parties must replace the ineffectual clause with a provision that is consistent with and that comes closest to the original purpose.

18. Authorized Representative
The Private Equity Australia Ltd., 14, Brared Street, Birkirkara has their seat in Malta, is recorded under C54238. 
© Copyright 2011-2017 by Private Equity Australia Ltd. All rights reserved.

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