LEGAL | agincourt-advisory

Legal:

This website is operated by Agincourt Advisory Pty Ltd. (ABN: 46167840968) Throughout the site, Terms of Service, Privacy Policy and Disclaimer Notice, and any or all Agreements, the terms “we”, “us” and “our” refer to Agincourt Advisory Pty Ltd.

Agincourt Advisory Pty Ltd offers this website, including all information, tools and services available from this site to you, “You” and “Your” refers to you the user, the person, firm, company or entity accessing this website, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

The Company", “Ourselves”, “We” and "Us", refers to our Company. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including our Privacy Policy. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. These terms of service govern your use of this website. By accessing or using any part of the site, you agree to be bound by these Terms of Service in full. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If you disagree with these terms of service or any part of these Terms of Service, you must not use this website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms of service you warrant and represent that you are at least 18 years of age.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Legal Notification:

The information contained in this Site is for general guidance concerning the products and services of Agincourt Advisory pty ltd. and various industry vendors as included throughout the entire website and specifically the 'Preferred Partners' page. It is intended for use by clients, suppliers, partners, employees, shareholders and others who have a relationship with Agincourt Advisory pty ltd, current or potential, and individuals who may be interested in our business or the products, services and businesses of other entities referenced on this website. While every effort has been made to ensure the data is accurate, relevant to our audience and up to date, given the changing nature of laws, business conditions and electronic communication, inaccuracies or omissions may arise. Therefore, the information on this Site is provided with the understanding that there is no guarantee of completeness, accuracy, timeliness, warranty or fitness for any particular purpose, including any 3rd party vendor content, profiled in any manner. It should not be taken as professional advice nor as a recommendation to act in any manner nor that any third party product, service or business is fit for any particular purpose, all information, data, representation or opinion should be considered general in scope and nature.

In no event will Agincourt Advisory be liable for any decision made or communication made or action taken based on data contained within the Site, or for any loss or damages, even if advised of the possibility of such loss or damages. Any information regarding investment opportunities or third party vendor services, products or capabilities is provided for general guidance only and on the understanding that it does not represent, and is not intended to be, advice. Whilst care has been taken in its preparation, it should not be used as a substitute for consultation with other advisors. Before making any decision or taking any action, you should consult with an appropriate specialist or professional. No warranty is given to the correctness of the information or its suitability for use by you, nor is it recommended by us. To the fullest extent permitted by law, no liability is accepted by Agincourt Advisory pty ltd for any statement or opinion, data, material, content or description, or for an error or omission, or for any loss or damage suffered as a result of reliance on or use by any person of any material on this website, in any manner, or any material delivered as part of any engagement, agreement, service or deliverable. Certain links in this site connect to other web sites maintained by third parties over whom Agincourt Advisory pty ltd has no control & we do not recommend their products or services as being fit for any purpose, Agincourt Advisory pty ltd makes no representations as to the accuracy or any other aspect of information contained in other Web Sites.

Our terms of service establish the access, use, disclaimers, and limitations of liability governing the use of our website at www.agincourtbioconsulting.com

Data room Use

These terms are included in and form part of our overall Terms of Service. You may wish however to review them specifically before requesting access to a data room, as part of any due diligence process. In order to open a Data room and review an Investment Project asset you will be required to acknowledge and accept our full and complete terms of service.

Privacy

We are committed to protecting your privacy. We constantly review our systems and data to ensure the best possible service to our customers. There are specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible. For a full overview of our commitment to privacy please see our Privacy Policy.

Our Privacy policy describes how Agincourt Advisory protects and safeguards your financial and personal information as well as how we comply with the Australian Privacy Principles. We are bound by the Privacy Act and will protect your personal information in accordance with the Australian Privacy Principles. These principles govern how we can collect, use, hold and disclose your personal information.

SECTION 1 – ACCEPTABLE USE

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website.

You must not use this website to transmit or send unsolicited commercial communications

You must not use this website for any purposes related to marketing

SECTION 2 – USE AT OUR DISCRETION

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

License to use website

Unless otherwise stated, Agincourt Advisory pty ltd and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website

Restricted access

Access to certain areas of this website is restricted. Agincourt Advisory pty ltd reserves the right to restrict access to other areas of this website, or indeed this entire website, at our discretion. If Agincourt Advisory pty ltd provides you with a user ID and or password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

This website is provided “as is” without any representations or warranties, express or implied. Agincourt Advisory pty ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Agincourt Advisory does not warrant that: this website will be constantly available or available at all; or the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products or service are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. We have made every effort to display as accurately as possible the assets in our investment portfolio. We cannot however guarantee any of the information is accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per entity or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by individuals, entities or organizations that compete with our business or whom we deem it to be a commercial risk to provide the product or service to. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. A virtual data room would be an example of such a third party tool. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

You accept that, as a limited liability entity, Agincourt Advisory pty ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Agincourt Advisory’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Agincourt Advisory’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Agincourt Advisory.

In no case shall Agincourt Advisory Pty Ltd , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost income, lost savings, loss of or corruption of information or data, any business losses, loss of contracts or business relationships, loss of reputation or goodwill, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or from any relationship to our website, or content published on our website, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Our liability for any loss or damage, arising out of or in connection with our Services and Deliverables, or any information on our website shall be limited in accordance with the below.

Our total liability for direct losses or damage in contract, tort, misrepresentation or otherwise arising out of or in connection with the information on our website, or the provision of our Services, Deliverables or any other material for any one event or a series of related events shall be limited to $1.00 AUD.

In no event shall we be liable to any user of our website for loss of profits, goodwill, business or anticipated savings or for any indirect or consequential loss or damage of whatsoever nature, howsoever caused.

We accept no liability, under any circumstances, for any direct, indirect, incident, special and or consequential losses or damages or loss of profits, of any nature arising (including but not limited to any act or omission by us) as a result of any act of due diligence undertaken by any third party or arising from any part of our services or deliverables. We accept no liability for and you indemnify us from any loss what so ever, no matter how so caused, arising from any act, infringement, violation or improper use of intellectual property.

We accept no liability for any damages caused, in any way what so ever, to any party without limitation, by the use of or in relation to in any manner, materials supplied including, but not limited to, the content published on our website.We accept no liability for and you indemnify us against any action taken by, or issue arising from, any third party in the natural course of the delivery of our service or deliverables, our engagement or any information accessed via our website.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Agincourt Advisory Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You hereby indemnify Agincourt Advisory pty ltd and undertake to keep Agincourt Advisory pty ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Agincourt Advisory pty ltd to a third party in settlement of a claim or dispute on the advice of Agincourt Advisory’s legal advisers) incurred or suffered by Agincourt Advisory pty ltd arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 – COMMUNICATION

Our e-mail address & other contact information can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, or mobile telephone numbers. This company is registered in Australia. ACN: 167840968 ABN: 46167840968

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@agincourtadvisory.com

SECTION 21 – GENERAL

21.1 No part of this website or any other material deliverables constitutes a recommendation or a suggested course of action on our behalf to act or enter into any agreement with any third party in any manner and does not constitute legal advice.21.2 We endeavor to provide information on companies or products that be of interest to you however we do not provide legal advice and we provide no assurance or warrant that any third party introduced to you by us, as part of the deliverables or service or through our website, is in any way fit for any particular purpose. 21.3 No introduction or facilitated meeting with any third party in any manner or any way shall be construed as a recommendation by us as a suitable partner or entity to engage with for your purposes.21.4 Any action taken by you, whether based on any part of our deliverables or service, including information presented on our website, or not, or agreement or decision you make to engage with any third party introduced to you by us in any manner, including any activity arising as result of the delivery of the service and deliverables, will be deemed to be at your own sole discretion, it will be understood by us that you have taken independent legal advice, and is considered entirely at your own risk. We accept no liability for any matter arising from that engagement. It is considered your sole responsibility to employ due care, to evaluate the commercial risks associated with any course of action and you are solely responsible for, and it will be taken by us that you have, conducting your own appropriate due diligence on any third party or commercial opportunity and to establish your own determination as to any suitability for any purpose. You solely accept all and any commercial risk that may arise now or in the future and you indemnify us from any loss that may arise from the same.21.5 No part of our service or deliverables, our engagement, or our website shall be deemed to be, or is in any way considered, advice or guidance to act in any manner or follow any particular specified course of action. Any decision to do so is considered as entirely your own, whereby you solely own the consequences of any such action.21.6 You should consult a qualified person such as a lawyer before determining to act on any part of our service or deliverables, including information presented on our website and you accept full responsibility for, and indemnify us from, any action taken by you after receiving our services or deliverables or accessing our website. You take full responsibility for seeking qualified advice and determining whether any part of the service or deliverable is suitable for any particular purpose and for protecting yourself against and from any possible consequential damages that may arise as a result of any action taken by you. 21.7 You accept the commercial risk associated with the process of commercializing, partnering, licensing or otherwise monetizing your assets and accept the commercial risks associated with undertaking or taking part in any due diligence process whereby there is an evaluation of intellectual property or assets. You agree that you indemnify us in relation to any matter, issue, cost, loss, and liability or damage whatsoever that you or any third party suffers arising from or as a result of that process.21.8 The nature of our service and the purpose of our website is to promote the engagement between interested parties for the purpose of commercializing intellectual property or other assets. We free ourselves from any considered breach of a non-disclosure agreement by promoting an asset for commercialization to a third party in a controlled data room environment.21.9 We in no way extend any warrant, or guarantee to produce, or secure, any offer of investment, commercial intent, partnership or engagement in any manner, with any third party.21.10 You consent to us collecting and storing personal user information and using the same to carry out the natural course of our business.21.11 You acknowledge that the limitations of liability as outlined above are a fair and reasonable allocation of the commercial risk between parties accessing and providing information for the purposes of commencing a due diligence process.

SECTION 22 - DATAROOM USE

22.1 You consent to us acting as facilitator and administrator during any due diligence process or activity, no matter how so carried out, including but not limited to the use of an online virtual data room and hold us indemnified from any loss or claim, no matter how so caused, in that role.22.2 You accept and agree to the use of an online virtual data room for the purposes of any due diligence process conducted on intellectual property or assets. By agreeing to and accepting this process of performing due diligence you accept all commercial risk associated with this process and indemnify us from the same.22.3 You accept and understand that any due diligence is carried out not by us and that you have no contract with us to undertake any process, other than being bound by our terms and conditions, and that our role is simply to act as data room administrator. In that role we facilitate communication between the two parties engaged in the due diligence process. We are not the provider of the data room and accept no liability for its use which is considered solely at your own risk.22.4 You agree and confirm that you have executed a legally binding agreement with the company who owns the asset or assets to be reviewed in the data room and that agreement shall be the binding document that governs the legal relationship between you and the owner of the asset throughout the due diligence process and beyond as agreed between you. We are not party to any agreement you execute and we have given no advice nor do we accept any liability for any loss, no matter how so caused, in relation to your failure to seek appropriate legal advice before commencing any due diligence process. Any agreement, contract or legally binding document is solely your responsibility to execute prior to entering the data room.22.5 We in no way suggest any content considered for any due diligence is fit for any particular purpose, is correct, factual, accurate or complete in any way. We accept no responsibility for any liability, loss or issue arising from the interaction, in any manner, with any content published in a data room, and you indemnify us from the same. It is your responsibility to seek qualified guidance from relevant professionals before deciding to act in any manner. We accept no liability for any decision on your part to act in any way once you have entered the data room.22.6 You will appoint an authorized representative, and confirm the same in writing to us, who will be responsible for paying for your share of any data room costs. By confirming your authorized representative to us in writing you confirm that representative is authorized to make payments to us via credit card on your behalf.22.7 You agree that by entering the data room and commencing the due diligence process you accept all risks associated with that act. You indemnify us from all matters or any loss what so ever, no matter how caused, relating to this process and acknowledge the due diligence process is an undertaking between yourself and a third party and in no way do we bear any liability or responsibility for this process, or any matter arising from this process or act, or for any loss caused to you as a result of this process. By entering the data room you release us from and indemnify us against all and any liability.22.8 Email communication will be considered as delivered in writing for the purpose of granting permissions in all matters relating to the Data room without limitation and including user access rights permissions and email responses from you will be deemed to be considered effective consent provided in writing.22.9 The owner of the intellectual property, article of interest or asset under consideration indemnifies us, and will keep us indemnified, in respect of all loss, damages, expenses, claims suffered or incurred by us or awarded against us arising from a claim that the ownership or use of any of the invention, the patents, the trademarks intellectual property and documentation or any derivative product constitutes an infringement of the intellectual property rights or moral rights of any other person or entity.22.10 The owner of the intellectual property, article of interest or asset under consideration releases us and our assigns from all claims which the owner (or party claiming through the owner) may have (whether before or after the date of this agreement) in respect of or in relation to the assignment or use of the invention, the patents, intellectual property rights, trademarks and or documentation including but not limited to the production, sale or other exploitation of the invention, the patents and or trademarks.22.11 You warrant that you will act in a reasonable manner at all times and understand that as part of the due diligence process you will have access to commercially sensitive information. You agree that you will not misuse this information, share it with any entity or otherwise seek to exploit any gain from that information outside of an executed agreement between you and the owner of the asset being considered.22.12 We accept no liability for any loss caused by the violation, theft or improper use of proprietary information in relation to the intellectual property rights of the asset being considered.22.13 The nature of our service and the purpose of our website is to promote the engagement between interested parties for the purpose of commercializing intellectual property or other assets. We free ourselves from any considered breach of a non-disclosure agreement by promoting an asset for commercialization to a third party in a controlled data room environment 22.14 By agreeing to these terms and conditions you indemnify us from any claim, any loss, or any issue, no matter how so caused, now or in the future. 22.15 The parties acknowledge that the limitations of liability contained in this Clause are a fair and reasonable allocation of the commercial risk between the parties. The provisions of these terms and conditions will continue to apply after termination or expiry of use of a data room perpetually without limitation.

SECTION 23 – PAYMENT

All major Credit/Debit Cards, BACS Transfer and Paypal are all acceptable methods of payment. Our Terms are payment in full within 7 days. All goods and or services remain the property of the Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 3% above the prevailing Bank of Australia and New Zealand’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid 30 days from the date of invoice via collection Agencies and/or through the Small Claims Court, or other mechanisms as appropriate. In such circumstances, you shall be liable for any and all additional administrative and/or court costs. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

SECTION 24 - TERMINATION

we have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services shall be refunded.

SECTION 25 – COPY RIGHT

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

SECTION 26 – FORCE MAJAURE

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

SECTION 27 – WAIVER

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

SECTION 28 – GOVERNING LAW

The laws of The Australian Capital Territory of Australia govern these terms and conditions, terms of service and any separate agreements. By accessing this website and using our services/buying our products/services you consent to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

SECTION 29 – NOTIFICATION OF CHANGES

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between you and Agincourt Advisory pty ltd. You’re accessing of this website and/or undertaking of a booking of a service or product or otherwise Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

The provisions of these terms will continue to apply perpetually without limitation

PRIVACY

Agincourt Advisory Privacy Policy

Our privacy commitment to you…

This following document sets forth the Privacy Policy for Agincourt Advisory www.agincourtadvisory.com

Agincourt Advisory is committed to providing you with the best possible customer service experience. We take privacy issues very seriously and we are committed to protecting your information. We are bound by the Privacy Act 1988 (Cth) (‘Privacy Act’) and will protect your personal information in accordance with the Australian Privacy Principles. These principles govern how we can collect, use, hold and disclose your personal information, as well as ensuring the quality and security of your personal information.

This Privacy Policy sets out how we manage your personal information.

Personal information we collect and hold

There are many aspects of the site which can be viewed without providing personal information, however, for access to certain products, services or support features, such as when you register to access our investment project portfolio, or request access to a data room, we may ask for certain identification information, and you are required to submit personally identifiable information that may include a company name, your name, your position with the company and the company address or, for individual applicants, your current address and/or email address or other details about your area of interest, a unique username or password, or provide sensitive information in the recovery of your lost password. In order to provide our product or service, now and in the future, we may collect and hold additional personal information about you. This could include transaction information or making a record of queries or requests for further information. We may also keep an auditable historic record of your request to access, our granting of access, your use and interaction with information stored as part of a password protected area within our site. The information we hold could be used to legally prove that you were introduced to the information in our password protected area through the use of our website, product and or service. The information that we seek to collect about you will depend on the products or services that we provide. If you do not allow us to collect all of the information we request, we may not be able to deliver all of those services effectively. We will maintain this information in strict confidence and will only use this information in connection with the natural course of our business or in compliance with the National Privacy Principles in the Privacy Act 1988 (cth), other statutory provision or direction of law.Some sections of this website may also allow you to contact us by email or otherwise volunteer information about yourself, such as your name, email address and your preferred means of communication. In addition to the purposes outlined above, this information may be used and disclosed for the purposes of carrying out or responding to your requests and other purposes outlined at the time you provide the information.

Age of consent

By using this site, you represent that you are a minimum of 18 years old or are at least the age of majority in your state or province.

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 18 years of age. Our website, products and services are all directed to people who are at least 18 years old or older.

The purposes for which we collect, hold, use and disclose personal information

The main reason we collect, hold, use and disclose personal information is to provide you with products and services. We will use our best endeavors to use your personal information you provide only for purposes consistent with the reason you provided it (primary purpose) or for a directly related purpose (secondary purpose). This might include: Checking whether you are eligible for the product or service Assisting you with interacting with our products or service Providing the product or service Managing the product or service We may also use your information to comply with legislative or regulatory requirements in any jurisdiction, prevent fraud, crime or other activity that may cause harm or material loss to us in relation to our products or services and to help us run our business. We may also use your information to tell you about products or services we think may interest you. These products and services may be offered by a member of the Agincourt Group or one of its preferred suppliers or partners. If you do not want to receive marketing material from us, you can contact us and inform us of your wish. We do not share your personal information with other organizations unless you give us your express consent, or where sharing is otherwise required or permitted by law, or where this is necessary on a temporary basis to enable our contractors to perform specific functions. If we do disclose personal information to third parties, we will do so in accordance with the primary purpose or a directly related purpose. The types of third parties we may disclose your personal information to include our service providers such as: Specialist information technology companies, mail holders, or other contractors to Agincourt Advisory pty ltd. For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.

How we may collect personal information

We collect most personal information directly from you. For example, we will collect your personal information when you apply for or use a product or service or talk to us in person or on the phone. We also collect information from you electronically. For instance, when you visit our website or whenever you apply for or access our products and services electronically. When you purchase or pay for something from or on our site, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. We may also gather information about you from other Agincourt Group companies, publically available sources of information, your representatives (including your legal adviser, financial advisor, trustee or other entity, your employer or other organizations who provide products or services to you, commercial information service providers, companies that provide fraud prevention and or credit reports etc

Third party services

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on links on our website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Occasionally, at our discretion, we may include, offer or provide information on third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Protecting personal information

We make every reasonable effort to protect personal information from loss and misuse, and from unauthorized access, modification or disclosure, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed, however; there are risks in transmitting information across the Internet. While we strive to protect such information, we cannot ensure or warrant the security of any information transmitted to us online and individuals do so at their own risk. We take all reasonable steps to ensure that sensitive information that we collect is only accessible by authorized persons.

Who we may disclose your personal information to

We may share your personal information with other companies within the Agincourt Group. We may also provide personal information about our customers to organizations outside the Agincourt group. Generally, we may disclose personal information to organizations that help us with our business. These may include; Our agents, contractors and external service providers, authorized representatives, payment systems operators (for example, merchants receiving card payments), other organizations who jointly with us provide products or services to you, debt collectors, our financial advisors, legal advisers or auditors, your representatives (including your legal adviser, accountant, financial advisor, trustee or attorney, fraud bureaus or other organizations to identify, investigate or prevent fraud or other misconduct or material loss to our business, external dispute resolution schemes and regulatory bodies, government agencies and law enforcement bodies in any jurisdiction or other companies we may occasionally hire to provide services on our behalf, including handling customer support enquiries, processing transactions or providing third party services. Those companies will be permitted to obtain only the personal information they need to deliver the service. Agincourt Advisory takes reasonable steps to ensure that these organizations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. We may also disclose your personal information to others outside of the Agincourt Group where we are required or authorized by law or where we have a public duty to do so or we are otherwise permitted to disclose the information under the Privacy Act or if you violate our Terms of Service.

We may disclose personal information regardless of geography

As our product, service, website and the very nature of our business entails interaction with participants from around the world we do not limit the geography of where a recipient, to whom we may disclose personal information, may be located. Countries or territories where we would expect to disclose information includes Australia, New Zealand, India, China, Taiwan, Hong Kong, Singapore, Malaysia, America, Canada, England, France, Germany, Sweden, Denmark, Holland, Belgium and Switzerland. The countries, territories or geographies where we disclose your information will depend on the details of the products or services we provide.

We may collect personal information electronically

We will collect information from you electronically, for instance through internet browsing, mobile or tablet applications. Each time you visit our website we collect information about your use of the website, which may include the following: The date and time of visits, which pages are viewed, how users navigate through the site and interact with pages (including fields completed in forms and applications completed), location information about users, information about devices used to visit our website and IP address. We may use technology called cookies when you visit our site. Cookies are small data files that a website is able to place on a user's hard drive to record aspects of that user's experience of the website. These files allow the user to move quickly and easily around our site. They are used to identify a user's session, providing information that the system uses to efficiently manage your use of the site. We do not link this information to user's personal details.

Changes to our privacy policy

Your use of this website, and any disputes arising from it, is subject to this Privacy Policy as well as our terms and conditions of business. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site. If our business is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you. We reserve the right to change our Privacy Policy and our Terms of Use at any time, so we suggest that you return to the website on a regular basis and read the information provided. If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below. This policy was last modified on 20/03/2014

Consent

By using our site, you consent to our privacy policy. When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or a purchase; we imply that you consent to our collecting it and using it for that specific reason only.

Accessing information, we may hold

If you want further information regarding this Online Privacy Statement or wish to request access to any personal information we hold about you, please contact us: info@agincourtadvisory.com