Terms of Service

By accessing, browsing, or using Investing Platform (the "Platform"), operated by Figure 8 Capital Pty Ltd (ABN 49 681 113 100) ("we," "us," or "our"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms").

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

IMPORTANT: Investing Platform (operated by Figure 8 Capital Pty Ltd) is an information aggregator and conduit service ONLY.

The Platform:

• Does NOT hold, manage, or custody any funds, investments, or property deposits
• Does NOT act as a broker, dealer, investment manager, financial advisor, or licensed real estate agent
• Does NOT provide personal financial advice or recommendations
• Does NOT guarantee any investment returns, completion timelines, or property-purchase outcomes
• Connects verified wholesale investors with third-party fund issuers, and connects registered users with participating property developers under referral arrangements

The Platform serves as a technology service that displays investment and property opportunities offered by independent third parties. We are not a party to any investment transaction, contract for sale of land, or loan agreement entered into between you and a third party.

3.1 Fund Opportunities — Wholesale Eligibility

To access or invest in any fund opportunity listed on the Platform, you must qualify as a "wholesale client" or "sophisticated investor" under the Corporations Act 2001 (Cth). This includes:

• Net assets of at least $2.5 million, or
• Gross income for each of the last two financial years of at least $250,000, or
• Professional investor status under section 708(11), or
• Certified sophisticated investor with a qualified accountant's certificate

By accessing any fund opportunity, you represent and warrant that you meet these eligibility requirements and can provide evidence upon request.

3.2 Property Opportunities — General Public Eligibility

Residential property opportunities listed on the Platform are made available under referral arrangements with participating developers and are not subject to the wholesale-client gate in section 3.1. To register for an account and access property opportunities you must be at least 18 years of age and capable of entering a binding contract under Australian law. Identification and other on-boarding checks may apply.

THE PLATFORM DOES NOT HOLD, RECEIVE, OR MANAGE CLIENT FUNDS AT ANY TIME.

All investment transactions occur directly between you and the relevant fund issuer. The Platform does not:

• Hold any bank accounts or wallets on your behalf
• Receive, process, or transmit investment funds
• Act as a custodian for any assets or securities
• Have access to or control over your investment capital

Any funds you invest in a fund opportunity are transferred directly to the fund issuer pursuant to their terms and conditions, not ours. Any deposit you pay on a property purchase is held in a trust account operated by the developer's solicitor or licensed agent under the Property and Stock Agents Act 2002 (NSW) or equivalent state legislation. Investing Platform does not receive, hold, or release any property deposit at any time.

The information on the Platform is general in nature and does not constitute personal financial advice, product advice, or a recommendation. We do not take into account your personal financial situation, objectives, or needs.

You should seek independent professional advice from a licensed financial advisor before making any investment decision.

Figure 8 Capital Pty Ltd is a Corporate Authorised Representative (No. 001311723) of Mondari Capital Group Pty Ltd (AFSL 294138), but this authorisation does not extend to the provision of personal financial advice through this Platform.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate and complete registration information
• Update your information promptly if it changes
• Notify us immediately of any unauthorized account access
• Not share your account with others

ALL INVESTMENTS CARRY RISK. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS.

Investments and property opportunities displayed on the Platform are speculative and involve substantial risk of loss. You may lose some or all of your invested capital or property deposit. The Platform:

• Makes no guarantees about investment performance, returns, completion timelines, or property valuations
• Does not verify the accuracy of information provided by fund issuers, developers, or vendors
• Is not responsible for the conduct, solvency, construction performance, or settlement of any fund issuer, developer, or vendor
• Does not endorse any particular investment opportunity, property or developer

You acknowledge that you are solely responsible for your investment decisions and their consequences.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• The Platform, Figure 8 Capital Pty Ltd, and their directors, officers, employees, and agents shall have NO LIABILITY WHATSOEVER for any investment losses, property-purchase losses, damages, or expenses arising from your use of the Platform or any investment, property-purchase, or related decisions
• We make NO WARRANTIES about the accuracy, reliability, or completeness of any investment information, property information, or third-party data
• We are NOT RESPONSIBLE for the actions, omissions, solvency, construction performance, or settlement of any third-party fund issuer, property developer, or vendor
• Our total liability, if any, shall not exceed the fees (if any) you have paid to us in the 12 months preceding the claim. For property purchasers, who pay no fees to the Platform (developer-paid marketing fees being outside the purchaser–Platform relationship), this cap shall be deemed to be AUD $0.

9.0 General Acknowledgement and Release

By accessing any property opportunity listed on the Platform, you acknowledge and agree that: (a) you are solely responsible for all decisions, due diligence and outcomes relating to any property purchase; (b) you have had a full and fair opportunity to obtain independent legal, financial, tax and property advice before entering into any contract for sale of land; and (c) you irrevocably and unconditionally release, discharge and hold harmless Investing Platform, Figure 8 Capital Pty Ltd, and their affiliates, directors, officers, employees, agents and service providers from any and all claims, demands, losses, damages, costs and expenses, whether known or unknown, arising from or in any way connected with any property opportunity listed on the Platform, any contract for sale of land entered into with a developer or vendor, or any reliance on information displayed on the Platform.

9.1 Referral and Marketing Arrangement

You acknowledge and agree that property opportunities listed on the Platform are made available under a referral and marketing arrangement between Investing Platform and the participating developer. The developer pays Investing Platform a marketing fee if a referred party proceeds to a purchase. The fee is paid by the developer and does not increase the price you pay. The Platform is not your agent, advisor or fiduciary in connection with any property transaction.

9.2 Off-the-Plan Acknowledgement

You acknowledge and agree that many property opportunities listed are off-the-plan — contracts for the sale of land or apartments that have not yet been built or registered as separate lots. By proceeding with any off-the-plan purchase you accept all risks associated with off-the-plan contracts, including without limitation: completion delays, sunset-clause rescission by either party, design or specification changes, defects, market movements between contract and settlement, financier-valuation shortfalls, and changes in law or taxation. The contract for sale of land issued by the developer is the sole source of contractual terms for any such purchase. The Platform makes no representation, warranty or assurance as to the completion, quality, valuation or future performance of any property.

9.3 Not a Licensed Real Estate Agent

You acknowledge and agree that Investing Platform is not licensed as a real estate agent, real estate salesperson, buyer's agent, or stock and station agent under the Property and Stock Agents Act 2002 (NSW) or any equivalent state or territory legislation, and does not hold itself out as such. The Platform acts as a marketer and referrer for participating developers only. Nothing on the Platform constitutes the giving of real estate advice, the carrying on of a real estate agency business, or the soliciting of an offer in the capacity of a licensed agent.

9.4 Mortgage and Lending Information

You acknowledge and agree that mortgage calculators, indicative repayment figures and any pricing information displayed on the Platform are illustrative only and do not constitute a credit quote, credit assistance, credit advice, or financial product advice. Loan availability, interest rates, fees and lending terms are determined by individual lenders. You must obtain advice from a licensed mortgage broker or your own lender before relying on any figure shown. The Platform makes no representation or warranty as to the availability, terms or suitability of any loan and accepts no liability for any reliance you place on any figure displayed.

9.5 Foreign Investor Obligations

You acknowledge and agree that non-resident purchasers of Australian residential property are required to obtain approval from the Foreign Investment Review Board (FIRB) before exchange of contracts and may be subject to foreign-purchaser duty surcharges and land-tax surcharges under state and territory law. It is solely your responsibility to determine whether you require FIRB approval, to obtain that approval, and to satisfy all foreign-investor obligations under the Foreign Acquisitions and Takeovers Act 1975 (Cth) and applicable state and territory legislation. The Platform makes no determination of, and accepts no responsibility for, your foreign-investor status or compliance.

9.6 Expression of Interest is Not a Contract

You acknowledge and agree that any "Express Interest", "Register Interest", "Reserve", or equivalent action you take on the Platform is an expression of interest only. It does not constitute an offer to purchase, an acceptance of any offer, a contract for the sale of land, or any other binding agreement. No contract for sale of land arises unless and until a written contract is executed by the purchaser and the vendor in accordance with applicable state or territory law. The Platform makes no representation that any opportunity will remain available, at any particular price or on any particular terms, at the time you elect to proceed.

9.7 Property Information is General

You acknowledge and agree that property descriptions, floor plans, renders, photographs, maps, suburb data, comparable sales, rental yield estimates, completion timelines and any other property information displayed on the Platform are general information provided by the developer or third-party sources. They are not warranties or representations as to the as-built property, expected market performance, rental returns, or any other matter. The Platform does not verify, endorse or accept responsibility for any such information. You must rely only on the contract for sale of land, the developer's disclosure documents, your independent due diligence, and your own professional advisers.

9.8 Notwithstanding Any Other Provision

Notwithstanding any other provision of these Terms, the acknowledgements, releases, disclaimers and obligations set out in this Section 9 apply to every property opportunity listed on the Platform and to every action you take in connection with any such opportunity. No other section of these Terms shall be read to qualify, limit or override the operation of this Section 9 in respect of property opportunities.

BY USING THIS PLATFORM, YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT:

• You RELEASE AND FOREVER DISCHARGE Investing Platform, Figure 8 Capital Pty Ltd, and their affiliates, directors, officers, employees, and agents from any and all claims, demands, damages, actions, and causes of action arising from or related to your use of the Platform or any investment decisions
• You WAIVE THE RIGHT to bring any legal proceedings, claims, or actions against the Platform in any court or tribunal
• This waiver applies to all claims whether known or unknown, suspected or unsuspected, disclosed or undisclosed, at the time of acceptance
• You have had the opportunity to seek independent legal advice before agreeing to these Terms

You agree to indemnify, defend, and hold harmless Investing Platform, Figure 8 Capital Pty Ltd, and their directors, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including legal fees) arising from or related to:

• Your use of the Platform
• Your investment decisions, property-purchase decisions, and their outcomes
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit to the Platform
• Any failure by you to obtain FIRB approval where required, or any foreign-purchaser duty or land-tax surcharge dispute arising from your acquisition of Australian residential property
• Any claim, dispute or rescission (including under a sunset clause) arising from any off-the-plan contract or any other contract for sale of land you enter with a developer or vendor in connection with a property opportunity listed on the Platform
• Any reliance you place on a mortgage calculator, indicative pricing, suburb data, comparable sales, rental yield estimate, or any other third-party data displayed on the Platform

Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be settled by binding arbitration in Sydney, New South Wales, Australia, in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA).

The arbitration shall be conducted by a single arbitrator, and the decision of the arbitrator shall be final and binding on both parties. Judgment on the award may be entered in any court of competent jurisdiction.

You agree that any arbitration shall be conducted on an individual basis and not as part of any consolidated, class, or representative proceeding.

YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.

You agree that any claims against the Platform must be brought in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. You waive any right to bring or participate in any class action, collective action, or representative action against the Platform.

All content on the Platform, including text, graphics, logos, images, and software, is the property of Figure 8 Capital Pty Ltd or its licensors and is protected by Australian and international intellectual property laws. You may not reproduce, modify, distribute, or create derivative works without our prior written consent.

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles. Subject to the arbitration clause above, you agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes not subject to arbitration.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Platform. Your continued use of the Platform after changes are posted constitutes your acceptance of the modified Terms.

For questions about these Terms, contact us at:

Figure 8 Capital Pty Ltd
Suite 3, 1 Box Road
Caringbah, NSW 2229
Australia

Email: legal@investingplatform.com.au