Terms & Conditions

1. Introduction

Ekam Capital Pty Ltd (Ekam Capital, we, us, or our) provides this online investor portal (Investor Portal, and overall our Services) for investors to consider, invest in, and monitor the performance of investment opportunities created, managed, or administered by us or another company in the Ekam Capital group (an Ekam Capital Group Company) (each a Scheme).

When we refer to you or your in these terms and conditions (Terms) we are referring to you, as the person using the Investor Portal or the Services, including (where applicable) any investment entity you nominate to act on your behalf through the Investor Portal (Investment Entity). You represent that you have the authority to act on behalf of any Investment Entity.

These Terms apply to you (and are legally binding) when you access and/or use the Investor Portal.

These Terms govern your access to and use of the Investor Portal only. Each Scheme will have its own specific terms and conditions, as set out in a product disclosure statement, information memorandum or equivalent document (Scheme Governing Document) and the other agreements, deeds or disclosures in relation to the Scheme (in either case, the Scheme Terms).

Nothing on the Investor Portal constitutes an offer to issue or sell any financial product. Any offer will only be made through the relevant Scheme Governing Document.

In the event of any inconsistency between these Terms and the specific terms and conditions of a Scheme (including its Scheme Terms), the specific terms and conditions of the Scheme will prevail.

Ekam Capital is a party to these Terms and, along with any other Ekam Capital Group Company which may provide you services from time to time, is entitled to the benefit of any protections, indemnities or limitations of liability that we have under them.

2. Changes to These Terms

We may change these Terms at any time and will publish the amended Terms on the Investor Portal.

We do not need to give you notice of changes that benefit you or that do not materially reduce the benefit of the Investor Portal.

For any other change, we will give you reasonable notice (taking into account the circumstances). Notice will be given by either:

• providing a message directly to you (by email); or
• posting a general notification on the Investor Portal.

If you continue using the Investor Portal or our Services after the notification is provided or posted, you will be deemed to have accepted the changes.

If you do not accept any changes, you must not create a User Account and/or must notify us and cease using our Investor Portal and Services immediately.

3. No Financial Advice

We do not give any recommendation or opinion as to whether you should use our Services or make any investment through the Investor Portal.

We are not providing you with any legal, taxation, financial or other advice about the suitability or appropriateness of any Scheme made available through the Investor Portal.

Before making an investment, you must read the Scheme Terms and consider whether the investment is suitable for you depending on your financial circumstances and tolerance to risk.

You should seek independent financial, legal and/or tax advice before you invest or make any decision in relation to an offer.

You are solely responsible for determining whether any investment is appropriate for your circumstances.

4. Investment Risks

You acknowledge that there are risks in using the Investor Portal and our Services, and in making investments.

These include, but are not limited to, the risks set out below.

4.1 Investment Risks

Past performance is not a reliable indicator or guarantee of future performance.

Making an investment involves risk and you may experience financial loss including the entire value of your investment.

Once you have completed and finalised an investment, you may not be able to reverse it and obtain a refund.

We make no warranties or representations as to the future value of any investment and, to the extent permitted by law, accept no liability for any change in value to your investment.

Different types of Schemes will be treated differently for tax purposes. You should seek independent tax advice to understand your obligations.

4.2 Processing Risks

There is a risk that your proposed transaction cannot be settled or is delayed at settlement, that processing times differ for each transaction, or that a transaction may be incorrectly processed.

These risks can result from issues including:

• user error when providing transaction details
• errors in delivering consideration for a transaction
• high transaction volumes on the Investor Portal
• failures in Investor Portal processing systems.

4.3 Technological Risks

Any networks and software connected to the Investor Portal may be subject to technical weaknesses, bugs, system failures or cyber-attacks.

Hackers are sophisticated and you may be targeted by phishing or other scams.

Phishing includes third parties masquerading as our website, social media accounts, or email communications in order to steal your credentials.

You should only access our website through its official URL and should never share your login credentials.

We will make reasonable efforts to notify users if the Investor Portal is subject to a significant technical failure or cyber incident.

5. Creating a User Account

To use the Investor Portal you must create a User Account.

You may only create a User Account if:

• you are at least 18 years old
• you provide accurate and complete information
• you provide a valid email address which you control
• you consent to us contacting you regarding your User Account or our Services.

Creating a User Account does not automatically qualify you to make investments via the Investor Portal.

Certain Schemes may be restricted based on jurisdiction or investor eligibility requirements.

You agree that you will create only one User Account and will not register multiple accounts under different identities.

You must ensure that your account information remains accurate and up to date.

6. Account Security

You are responsible for maintaining the confidentiality and security of your User Account.

You must:

• keep your password secure
• not share your login credentials
• not allow any other person to use your account
• ensure you log out of the portal when not in use.

You are responsible for all activity conducted through your User Account.

If you believe your account has been compromised you must immediately change your password and notify us.

Anyone accessing your account may be able to make investments using that account, and we have no obligation to verify instructions that appear to originate from you.

7. Making an Investment

We may, but are not required to, make Schemes available for investment through the Investor Portal.

Where a Scheme is available, you may submit an Allocation Request through the Investor Portal.

Submission of an Allocation Request does not constitute acceptance of the investment by Ekam Capital or the relevant Scheme.

By submitting an Allocation Request you confirm that:

• you have read and understood the relevant Scheme Terms
• you accept those Scheme Terms
• you have obtained independent advice if required.

Your investment is conditional upon:

• submitting an Allocation Request
• satisfying eligibility requirements
• completing required documentation
• paying the investment amount in cleared funds.

We may accept or reject any Allocation Request at our discretion.

8. Compliance With Laws

As a condition of using the Investor Portal, we may require you to provide information or documentation to comply with applicable laws, including anti-money laundering and counter-terrorism financing legislation.

We may delay, block or refuse any transaction where required to comply with applicable laws including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.

We may refuse or suspend access to the Investor Portal if:

• information provided is inaccurate
• we are required to do so by law
• your use of the portal could cause a breach of law.

9. Privacy and Data Collection

Our Privacy Policy explains how we collect, use and store personal information.

Our Privacy Policy is available at:

https://ekamcapital.com.au/privacy-policy

By using the Investor Portal you consent to the collection and use of your personal information in accordance with that policy.

10. Charges and Payment

You agree to pay any fees or charges associated with your investments as set out in the Investor Portal or the relevant Scheme Terms.

You are also responsible for any applicable taxes.

11. Links to Third Parties

The Investor Portal may contain links to third-party websites or services.

We do not verify or endorse these third-party services and are not responsible for their content.

12. Intellectual Property

All intellectual property rights in the Investor Portal belong to Ekam Capital or its licensors.

You are granted a limited, non-exclusive licence to access and use the portal for your own investment management purposes.

You may download or print information only for personal or internal business use.

13. Termination

You may close your User Account at any time by contacting us.

We may suspend or terminate your access if:

• you breach these Terms
• you provide false information
• your conduct creates risk for us or other users
• required by law or regulators.

14. Warranties and Disclaimers

To the extent permitted by law, we do not guarantee that the Investor Portal will be uninterrupted, secure or error-free.

Information provided on the portal may not contain all information necessary to evaluate an investment.

You are responsible for determining whether an investment is appropriate for your circumstances.

15. Liability

Nothing in these Terms excludes liability that cannot be excluded under Australian law.

To the maximum extent permitted by law, we are not liable for losses arising from:

• use of the Investor Portal
• investment decisions made by you
• technical failures or cyber incidents
• third-party actions.

Where liability cannot be excluded, our liability is limited to the resupply of services or the cost of resupplying those services.

16. Governing Lawy

These Terms are governed by the laws of Victoria, Australia.

Any disputes arising in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Victoria.

17. Contact

If you have any questions regarding these Terms or the Investor Portal, please contact:

Ekam Capital Pty Ltd

Email: investors@ekamcapital.com.au

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