Platform Terms of Service

Part A — Platform Terms and Conditions

1. Introduction and Definitions

1.1 These Platform Terms of Service ("Terms") govern your access to and use of the FundsConnect platform ("Platform") operated by FundsConnect Platform Pty Ltd (ABN 53 700 705 451) ("we", "us", "our").

1.2 By registering for, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.

1.3 In these Terms:

• "Authorised User" means a broker, introducer, or enterprise user who has been approved to access the Platform
• "Broker" means an Australian Credit Licence holder or Credit Representative who has entered into a Broker Services Agreement with us
• "Introducer" means a person or entity who has entered into an Introducer Services Agreement with us
• "Lender" means a private credit provider listed on the Platform's lender panel
• "Platform" means the FundsConnect technology platform, including all software, interfaces, tools, databases, and associated services
• "Borrower" means a company or corporate trustee seeking business or investment purpose private credit financing through the Platform

2. Nature of the Platform

2.1 Facilitation only The Platform is a technology service that facilitates the connection between brokers and private credit lenders for business and investment purpose lending. The Platform does not provide credit, credit assistance, or financial product advice within the meaning of the Corporations Act 2001 (Cth). FundsConnect is not a lender and does not make lending decisions.

2.2 The broker is solely responsible for assessing the suitability of any loan for the borrower. FundsConnect Platform Pty Ltd does not assess borrower suitability, nor does it make lending decisions.
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2.3 All loans facilitated through the Platform are business or investment purpose private credit transactions entered into by companies or corporate trustees, with terms of 1 to 60 months, secured by real property. The Platform does not facilitate loans regulated under the National Consumer Credit Protection Act 2009 (Cth) or the National Credit Code.

2.4 FundsConnect does not hold and is not required to hold an Australian Credit Licence or Australian Financial Services Licence. FundsConnect's operations are governed by the ASIC Act 2001 (Cth).

3. Registration and Account Access

3.1 To access the Platform, you must register and be approved as an Authorised User. You must provide accurate, current, and complete information during registration.

3.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
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3.3 You must notify us immediately at Compliance@fundsconnect.com.au if you become aware of any unauthorised access to or use of your account.
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3.4 We reserve the right to suspend or terminate your access if we reasonably believe your account has been compromised or is being used in breach of these Terms.

4. Fees and Commission

4.1 A brokerage fee of 1.10% (GST inclusive) of the loan amount is charged on the successful settlement of each transaction facilitated through the Platform. This fee is payable from loan proceeds.
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4.2 Commission sharing arrangements between FundsConnect and Authorised Users are set out in the applicable Broker Services Agreement or Introducer Services Agreement.

4.3 Fee transparency The brokerage fee is the upfront price of the service. This fee is disclosed to borrowers in the Mandate to Act, the Credit Memorandum Funding Table, and the Lender's Term Sheet. FundsConnect does not charge any hidden fees, upfront costs, or subscription charges to brokers, introducers, or lenders.

4.4 FundsConnect does not receive any remuneration, commission, or benefit from lenders on the Platform panel.

5. Intellectual Property

5.1 Ownership All intellectual property in the Platform, including the software, algorithms, user interface, databases, documentation, the "FundsConnect" name and brand, and all related materials, is and remains the exclusive property of FundsConnect Platform Pty Ltd.
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5.2 Limited licence Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for the purpose of facilitating commercial lending transactions in accordance with your Broker or Introducer Services Agreement.

5.3 Restrictions
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You must not:

• Copy, modify, adapt, translate, or reverse-engineer any part of the Platform
• Decompile, disassemble, or attempt to extract the source code of the Platform
• Create derivative works based on the Platform
• Use any data mining, robots, or similar data-gathering and extraction tools on the Platform
• Sublicense, transfer, or assign your access to any third party without our written consent
• Remove, alter, or obscure any proprietary notices on the Platform

5.4 User content

You retain ownership of any data, documents, or information you upload to the Platform. By uploading content, you grant us a non-exclusive licence to use, store, process, and transmit that content solely for the purpose of operating the Platform and facilitating your transactions.

6. Confidentiality

6.1 Each party agrees to keep confidential all information received from the other party that is designated as confidential or that a reasonable person would consider confidential, including borrower information, lender terms, deal structures, and commission arrangements.

6.2 Confidential information may be disclosed where required by law, regulation, or court order, or to professional advisers bound by duties of confidentiality.

7. Termination

7.1 Mutual termination right Either party may terminate these Terms by providing 30 days' written notice to the other party.

7.2 Termination for cause Either party may terminate these Terms immediately by written notice if the other party materially breaches these Terms and fails to remedy the breach within 14 days of receiving written notice of the breach.

7.3 We may also suspend or terminate your access immediately if:

• You engage in fraudulent, illegal, or dishonest conduct
• You breach the Acceptable Use Policy in Part B of these Terms
• Your ACL or Credit Representative registration is suspended or cancelled
• Continued access poses a risk to the security or integrity of the Platform or other users

7.4 Effect of termination On termination, your access to the Platform will be disabled. Any commission entitlements accrued before termination will be paid in accordance with your Services Agreement. Clauses that by their nature should survive termination (including intellectual property, confidentiality, limitation of liability, and dispute resolution) will continue in force.

8. Limitation of Liability

8.1 To the maximum extent permitted by Australian law, our total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will not exceed the total fees paid by you to us in the 12 months preceding the event giving rise to the claim.

8.2 We will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunity, even if we have been advised of the possibility of such damages.

8.3 Nothing in these Terms excludes or limits any right or remedy, or any condition, warranty, or guarantee, implied or imposed by the Australian Consumer Law, the ASIC Act, or any other applicable law that cannot be excluded or limited by agreement.

8.4 Where our liability cannot be excluded, it is limited to, at our option: (a) re-supplying the relevant service; or (b) paying the cost of having the service re-supplied.

9. Dispute Resolution

9.1 Internal resolution If you have a complaint or dispute about the Platform or these Terms, please contact us at Compliance@fundsconnect.com.au. We will acknowledge your complaint within 5 business days and endeavour to resolve it within 30 days.

9.2 As all Platform transactions are outside the National Consumer Credit Protection Act 2009 (Cth) and the National Credit Code, they are not within the jurisdiction of the Australian Financial Complaints Authority (AFCA). If we are unable to resolve your complaint to your satisfaction after exhausting our internal process, you may seek independent legal advice or contact the relevant state or territory fair trading body or small business commissioner.

9.3 Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

10. Variation of Terms

10.1 We may vary these Terms from time to time. We will provide you with at least 30 days' written notice of any material changes via email or Platform notification.

10.2 If you do not agree with a material change, you may terminate these Terms in accordance with clause 7.1 before the change takes effect.
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10.3 Continued use of the Platform after the change takes effect constitutes your acceptance of the varied Terms.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.

Part B — Acceptable Use Policy

12. Permitted Use

12.1 The Platform may only be used for the purpose of facilitating legitimate business and investment purpose private credit lending transactions in accordance with Australian law.

12.2 All borrowers must be companies or corporate trustees. The Platform must not be used to facilitate loans to individuals or for purposes that are wholly or predominantly personal, domestic, or household.

12.3 You must ensure that all information submitted through the Platform is accurate, complete, and not misleading.

13. Prohibited Conduct

13.1  You must not use the Platform to:

• (a) Submit loan applications that are, or that you reasonably suspect may be, fraudulent, deceptive, or involve sham structures
• (b) Facilitate loans to individuals or for purposes that are wholly or predominantly personal, domestic, or household
• (c) Circumvent any security measure, access control, or usage limit of the Platform
• (d) Transmit any virus, worm, defect, Trojan horse, malware, or any item of a destructive nature
• (e) Upload or transmit content that infringes the intellectual property rights of any person
• (f) Engage in conduct that is misleading or deceptive, or likely to mislead or deceive, within the meaning of s 12DA of the ASIC Act or s 18 of the ACL
• (g) Use the Platform for money laundering, terrorism financing, or any activity that breaches the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)
• (h) Provide borrower information to lenders outside the Platform without our prior written consent
• (i) Engage in any conduct that could bring the Platform or FundsConnect into disrepute

14. Compliance Obligations

14.1 If you are a Broker, you must:

• Maintain a current Australian Credit Licence or Credit Representative registration
• Maintain current professional indemnity insurance
• Comply with all applicable AML/CTF obligations, including customer identification procedures
• Complete all required continuing professional development (CPD)
• Ensure all borrowers are companies or corporate trustees and that all lending is for business or investment purposes

14.2 If you are an Introducer, you must not:

• Provide credit assistance to any person
• Negotiate loan terms on behalf of any borrower
• Handle or manage borrower documentation beyond the initial referral
• Hold yourself out as a broker, credit representative, or authorised representative

15. Monitoring and Enforcement

15.1 We may monitor your use of the Platform for compliance with these Terms and applicable laws. We will do so in a manner consistent with our Privacy Policy.

15.2 If we reasonably believe you have breached the Acceptable Use Policy, we may:

• Issue a written warning
• Suspend your access pending investigation
• Terminate your access in accordance with clause 7
• Report the matter to ASIC, AUSTRAC, or law enforcement as required

Part C — Data Security Policy

16. Purpose and Scope

FundsConnect Platform Pty Ltd is committed to protecting the security, integrity, and confidentiality of all data on the FundsConnect platform. This Data Security Policy applies to all data stored, processed, or transmitted through the Platform, including personal information, borrower data, lender data, and commercial information.

17. Data Storage and Retention

17.1 Location All Platform data is stored on secure servers located in Australia (Sydney, NSW).

17.2 Retention Data is retained for 7 years from the date of collection, in accordance with the Corporations Act 2001, the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, and ASIC's record-keeping requirements.

17.3 Disposal After the retention period, data is securely deleted or de-identified in accordance with Australian Privacy Principle (APP) 11.2.

17.4 Backup Regular automated encrypted backups are performed. Backup data is stored in a geographically separate Australian data centre.

18. Security Measures

18.1 Technical Measures

• Transport Layer Security (TLS) encryption for all data in transit
• AES-256 encryption for all data at rest
• Multi-factor authentication (MFA) for all Platform access
• Role-based access controls (RBAC) with least-privilege principles
• Intrusion detection and prevention systems
• Regular vulnerability scanning and penetration testing
• Automated security patching and update management
• Web application firewalls (WAF)

18.2 Organisational Measures

• Staff background checks and security clearance procedures
• Mandatory annual cyber security awareness training for all personnel
• Confidentiality obligations in all employment and contractor agreements
• Incident response plan reviewed and tested annually
• Quarterly access reviews to remove dormant accounts

19. Data Breach Response

19.1 In the event of a data breach (or suspected breach), we will follow a 4-stage response process aligned with the Notifiable Data Breaches (NDB) scheme under Part IIIC of the Privacy Act 1988:

In the event of a data breach (or suspected breach), we will follow a 4-stage response process aligned with the Notifiable Data Breaches (NDB) scheme under Part IIIC of the Privacy Act 1988:

• Stage 1 — Containment: Immediately contain the breach to prevent further unauthorised access or disclosure
• Stage 2 — Assessment: Assess the breach to determine the type of information involved, the risk of serious harm, and the number of individuals affected
• Stage 3 — Notification: If the breach is assessed as an "eligible data breach", we will notify the OAIC and all affected individuals as soon as practicable
• Stage 4 — Review: Conduct a post-incident review and implement measures to prevent recurrence

19.2 We maintain a Data Breach Register that records all data breach incidents, their assessment, any notifications made, and remedial actions taken.

20. Third-Party Data Sharing

20.1 Platform data may be shared with the following categories of recipients, solely for the purpose of facilitating lending transactions:

• Lenders on the Platform panel (loan assessment and approval)
• Valuation providers (property security assessment)
• Solicitors and conveyancers (settlement purposes)
• AUSTRAC (AML/CTF reporting obligations)

20.2 We will not sell, trade, or rent your personal information to third parties for marketing purposes.

20.3 All third-party service providers who access Platform data are contractually required to comply with equivalent data security standards and the Australian Privacy Principles.

21. Your Security Responsibilities

As an Authorised User, you are responsible for:

• Maintaining the security of your login credentials
• Using a strong, unique password and enabling multi-factor authentication
• Logging out of the Platform when not in use
• Reporting any suspected security incident to Compliance@fundsconnect.com.au immediately
• Ensuring any device used to access the Platform has current antivirus and security software

Contact Information

Entity FundsConnect Platform Pty Ltd (ABN 53 700 705 451)

Email Compliance@fundsconnect.com.au

Phone 1300 730 402

Address 14 Ridge Street, North Sydney NSW 2060, Australia

Last updated: August 2026