These terms and conditions apply to all communication which originates from or refer to Actuity Capital Partners Pty Ltd (ABN 99 126 397 902) (“Actuity”, “we” or “us”). Your access to, use and/or consumption of any Actuity communication is subject to these terms and conditions. If you don’t agree to be bound by these terms and conditions, you should not access, use and/or consume the communication or any form of communication governed by these terms and conditions.

Interpretation

Below are terms and phrases used in the terms and conditions which have specific meanings:

·  Communication: means messages, notices and/or communications which are published to or disseminated through any media

·  Contractors: any legal or natural person who is contracted to render services or provide products to Actuity and who is not an employee (‘contractor’ has a corresponding meaning)

·  Employees: employees of Actuity (‘employee’ has a corresponding meaning)

·  Media: includes the internet, email, letters, reports, online social networks, social media generally and similar communication tools including, but not limited to, blogs, Facebook, Twitter and LinkedIn

·  Terms and conditions: the terms and conditions set out in this document

Confidentiality

The communication may contain information that is confidential, private or privileged. If you are not the intended recipient of this information (or the intended recipient’s authorised representative) you must:

·  Notify Actuity of this fact immediately by email, fax or telephone and delete the communication from your system

·  Refrain from storing, printing, copying, forwarding, extracting or disclosing any information contained in the communication or any part thereof

·  Refrain from reading, storing, using, selling or incorporating any information contained in the communication into any database or mailing list for whatever reason including for, but not limited to, purposes of spamming or marketing

Failure to do so may amount to the unlawful interception of the communication; breach of privilege and/or confidentiality; the infringement of copyright and/or the infringement of the right to privacy, thus potentially exposing you to criminal and civil liability.

Liability limitation

The views and opinions expressed in the communication do not necessarily reflect Actuity’s views and opinions. In particular, no employee or contractor is permitted to send (and you agree that Actuity will not be liable or responsible for):

·  unsolicited commercial messages where recipients of unsolicited email have not specifically opted to receive or, having done so, have indicated their unwillingness to receive further unsolicited email (spam)

·  messages that infringe any third party’s copyright, trademarks or other rights and interests (infringing content)

·  messages containing content that is offensive, derogatory, racist, defamatory or otherwise unlawful (offensive content).

If the communication constitutes spam, contains infringing or offensive content, or was otherwise sent for purposes unrelated to Actuity’s official business, Actuity will not be liable for any loss, damage or expense of any nature, no matter how arising, resulting in your receipt, use and/or consumption of this email.

You consent to Actuity monitoring, accessing, blocking, deleting, copying or otherwise intercepting communication originating from Actuity and/or its employees and contractors as well as any communication sent in response to the originating communication, where appropriate.