Australian Business Growth Fund

1. Purpose of these terms and conditions of use

a. These terms and conditions of use (“Terms”) govern access to and use of the website identified by the domain name “” (the “Site”). Please read these Terms carefully before using the Site.

b. By using, browsing and/or reading the Site, this signifies that you have read, understood and agree to be bound by these Terms and our Privacy Policy which is incorporated by reference. If you do not agree with the Terms or our Privacy Policy, you must cease usage of the Site immediately.

c. This Site is operated by or at the direction of Australian Business Growth Fund Pty Ltd (ABN 17 644 607 152) (“ABGF”). References in this Site to ‘we’, ‘us’ or ‘our’ refer to ABGF.

2. Information

a. The commentary, information and other materials contained on this Site (the “Content”) is intended solely for the purpose of evaluating a potential or existing business relationship with ABGF and for general informational purposes.

b. No warranty or representation (either express or implied) is given as to the accuracy or completeness of the Content. Any Content on the Site may be out of date at any given time, and ABGF shall not be under any obligation to update such Content.

c. The Content is not intended to constitute legal, business, tax, accounting, investment, financial product, or any other advice and you agree not to construe the Content as legal, business, tax, accounting, investment, financial, or any other advice.

d. You agree that the Content does not, and shall not be deemed to, constitute an offer or an invitation to acquire or sell securities or any other financial products. In addition, you acknowledge and agree that all Content is published without consideration of your individual circumstances, financial, or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, with respect to any of the Content. You agree to consult your own professional advisers as to any legal, business, tax, accounting, investment, financial, or any other advice regarding the Content.

e. You are responsible for the Content of and information contained in any communications you make via the Site, including the lawfulness, truthfulness, decency and accuracy of any such communication.

3. Applications

a. As part of any Application for, or preliminary inquiry in relation to, funding from ABGF (“Application”) made via the Site, ABGF may, in assessing potential investments, undertake certain background checks on key individuals, including (without limitation) the applicant and any shareholders and directors of the company concerned.

b. The eligibility of all Applications will be determined by ABGF in its sole discretion. Whilst ABGF will endeavour to respond to Applications wherever practicable, ABGF shall be under no obligation to review or respond to any Application.

c. The Site does not purport to provide any investment, financial or professional advice and no Content shall be deemed to constitute the offer or provision of such advice. ABGF engages in proprietary trading for its own account, does not hold an Australian financial services licence and does not provide financial product or investment advice, or any other financial services, to investee entities. Anyone who makes a decision to engage in a transaction with ABGF will be required to acknowledge and agree that it will make its own independent decision to enter into each transaction and each transaction is appropriate based on its own judgement and advice from such advisors that it deems necessary.

4. Past performance and forward looking statements

a. Past performance is not a guide to future performance and it should not be assumed that similar results will be achieved. We make no representation that any investments will or are likely to achieve results similar to those achieved in the past.

b. The Site may include forward-looking statements which are based on ABGF’s current opinions, expectations and projections. We undertake no obligation to update or revise any forward-looking statements. Actual results could differ materially from those anticipated in the forward-looking statements.

5. Use of and access to this Site

a. ABGF cannot guarantee the privacy or confidentiality of any of your information which passes over the internet. In accessing and using the Site you accept that electronic communications may not be free from interference by third parties and that ABGF will not be liable for any loss arising out of any such interference.

b. This Site may be subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, computer equipment and software at any time. We recommend that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software for each device you use to access the Site.

c. You must not use viruses, trojans, worms, logic bombs, denial of service attacks or other material which is malicious or technologically harmful in nature (together, “Viruses”) on our Site.

d. ABGF shall not be liable for any loss or damage caused by a Virus to your computer equipment, software, data or other proprietary material due to your use of the Site.

e. In addition to all rights and remedies available to ABGF under applicable law, ABGF reserves the right, in its sole discretion, to immediately, without notice, suspend or terminate your ability to access or use this Site.

f. ABGF reserves the right to withdraw or amend this Site, and any Content, in our sole discretion, without notice. ABGF will not be liable if, for any reason, all or any part of this Site is unavailable at any time or for any period.

6. Copyright and Intellectual Property

a. Elements of the Site, its Content and its underlying software are protected by copyright, trade marks and other intellectual property rights owned or controlled by ABGF or its licensors. You shall comply with all copyright notices or restrictions referred to on the Site and shall not use, copy or appropriate any Content or software which in any way infringes such intellectual property rights. You acknowledge and agree that except as permitted under the Copyright Act 1968 (Cth) or another applicable statute, you may not use, reproduce, adapt, display, transmit to another person, incorporate in any way into another document or material, copy or distribute any portion of this Site in any manner, or for any purpose, other than for your own personal reference.

b. Nothing contained in these Terms or anywhere on this Site shall be construed as granting to you any license or right to any Content. You may reproduce Content in hard copy solely for your own personal use. Except where necessary for viewing the information on this Site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms, none of the Content may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of ABGF.

7. Third Party Content and links

a. The Site may contain links to other websites controlled by third parties (“Third Party Sites”) and/or content provided by third parties (“Third Party Content”). ABGF is not responsible for and makes no representations as to the content or accuracy of Third Party Sites or Third Party Content and the inclusion of any Third Party Content or links to Third Party Sites does not imply a recommendation or endorsement of any such content or site.

b. You may link to the Site provided you do so in a way that: (i) is fair and legal; (ii) does not (in ABGF’s sole discretion) damage or take advantage of ABGF’s reputation; and (iii) does not imply any form of association, approval, recommendation or endorsement on the part of ABGF without prior written consent.

8. Location of users

a. This Site is directed at persons accessing the Site from within Australia. This Site is controlled and operated by ABGF from its offices in Australia. ABGF does not make any representation that the use of information on this Site is appropriate for use in other locations or that access to the Content of the Site from other locations is not illegal and prohibited. Persons who choose to use this Site from other locations do so on their own initiative and are responsible for establishing the legality, useability and correctness of this Site under any or all jurisdictions and the compliance of this Site with local laws, if and to the extent local laws are applicable. The information contained on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject ABGF to any requirement within such jurisdiction or country.

9. Limitation of liability

a. ABGF does not assume any liability or responsibility for this Site or the Content. You acknowledge and agree that your use of this Site is at your own risk and that neither ABGF nor any of the parties involved in creating, producing, or delivering this Site or any Content is liable to you or anyone else for any claim of any nature whatsoever based on (a) this Site or the Content, including any decision made or action taken in reliance on the Content or any feature of this Site, or (b) your breach of any of the provisions of these Terms and our Privacy Policy.

b. To the fullest extent permitted by law, neither ABGF nor any of its affiliates, directors, officers, employees, agents or other representatives will be liable in any way for any loss or damage suffered by you through use or access to this Site, or ABGF’s failure to provide this Site. Notwithstanding anything to the contrary herein, our sole and exclusive liability for any reason to you, and your sole and exclusive remedy, is to stop using this Site.

10. Indemnity

a. You agree that you will be solely responsible for, and that you will indemnify, defend, and hold harmless ABGF and its affiliates, directors, officers, employees, agents or other representatives, from and against any and all losses, liabilities, obligations, damages, claims, demands, suits, proceedings, actions, judgments, costs, and/or expenses of any kind (including legal fees, expert fees, and other disbursements), whether or not in connection with third party claims, incurred by or against such persons or entities which may arise, directly or indirectly, from your access to or use of this Site or any Content, your downloading of any Content from this Site, your violation of these Terms, and/or your violation of any rights of any third party.

11. Miscellaneous

a. These Terms and any dispute in relation to them are governed by and are to be construed in accordance with the laws of the State of Victoria, Australia. You agree that in respect of any disputes arising under or in connection with these Terms or this Site, we may bring proceedings in the courts in any location, including the courts of that State or whichever forum we feel is appropriate and you consent to non-exclusive jurisdiction of the court that we bring proceedings in.

b. If any provision of these Terms is held to be unlawful, void or unenforceable for any reason, then such provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.

c. These Terms can be modified at any time by ABGF in its absolute discretion and you agree to continue to be bound by these Terms as modified. We will publish revised Terms on this website – we will not separately notify you of these changes. Therefore, you should periodically visit this page to review the current Terms.