BALNZED TERMS AND CONDITIONS

1.1 These Terms and Conditions, together with our Privacy Policy, apply to your use of Balnzed, as defined herein, provided by Senath Investment Fund-1 Pty Ltd (ACN 654 073 855) (“we, “us” or “our”).

1.2 Please read these Terms and Conditions carefully before using Balnzed. Your access and use of Balnzed is subject to these Terms and Conditions. By using Balnzed, you agree and acknowledge that you have read these Terms and Conditions. You are deemed to have agreed to, and accepted, these Terms and Conditions on behalf of any entity for who you use Balnzed, whether as an Authorised User, Invitee or otherwise.

1.3 We may modify these Terms and Conditions from time to time by posting the updated Terms and Conditions on Balnzed. By continuing to use Balnzed after any such amendment, you agree to be bound by the Terms and Conditions as amended.

2.1 In these Terms and Conditions, the following definitions apply:

“Authorised User” means a person who has been granted a subscription to use the Platform in accordance with clause 3.

“Balnzed” means the Platform and any associated services, including through our website located at balnzed.com and any associated app (the “App”) through which we provide the Services.

“Confidential Information” means information that is by its nature confidential, is designated by us as confidential, or that you know or ought to know is confidential, but does not include information which is in the public domain other than through a breach of confidence.

“Content” means all information, graphics, HTML, text, software and other materials on Balnzed.

“Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, know-how, goodwill and all other rights of a similar nature or having similar effect, whether registered or unregistered, and whether or not capable of registration.

“Invitee” means a person who has been invited by an Authorised User to collaborate on a Plan, and who may or may not be an Authorised User.

“Personal Information” has the meaning given to that term in the Privacy Act 1988 (Cth).

“Plan” means a financial plan created by an Authorised User on the Platform.

“Platform” means our online software-as-a-service application that allows Authorised Users to create financial plans.

“Privacy Policy” means our privacy policy accessible on Balnzed from time to time.

“Services” means the services we provide to you via Balnzed as described in these Terms and Conditions.

“User” means an Authorised User, an Invitee, or any other user of Balnzed.

“User Content” means any data, information, content or other materials that you upload or input into Balnzed.

3.1 To become an Authorised User of Balnzed, you must subscribe for a plan offered by us from time to time. Information regarding our plans and pricing is available on our website.

3.2 We grant you a non-exclusive, non-transferable, revocable licence to access and use Balnzed solely for your own personal or business purposes in accordance with these Terms and Conditions.

3.3 You must not use Balnzed for any illegal or unauthorised purpose.

3.4 You must not interfere with or disrupt the integrity or performance of Balnzed or the data contained therein.

3.5 You must not attempt to gain unauthorised access to Balnzed or its related systems or networks.

3.6 We reserve the right to suspend or terminate your access to Balnzed at any time, for any reason, without notice.

3.7 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

4.1 You must provide accurate, current, and complete information when creating an account and using Balnzed.

4.2 You are solely responsible for all User Content that you upload or input into Balnzed.

4.3 You warrant that you have all necessary rights, licences, and consents to upload or input User Content into Balnzed and that your User Content does not infringe the Intellectual Property Rights or any other rights of any third party.

4.4 You must not upload or input any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

4.5 You must not use Balnzed to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.

5.1 All Intellectual Property Rights in Balnzed and its Content are owned by or licensed to us.

5.2 You acknowledge and agree that you do not acquire any Intellectual Property Rights in Balnzed or its Content through your use of Balnzed.

5.3 You grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with providing and improving Balnzed and our services.

6.1 Balnzed is provided on an “as is” and “as available” basis without any warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

6.2 We do not warrant that Balnzed will be uninterrupted, error-free, or free of viruses or other harmful components.

6.3 We do not warrant that the results that may be obtained from the use of Balnzed will be accurate or reliable.

6.4 You understand and agree that your use of Balnzed is at your sole risk.

7.1 To the maximum extent permitted by law, in no event shall we be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of Balnzed.

7.2 Our total liability to you for any and all claims arising out of or in connection with these Terms and Conditions or your use of Balnzed shall not exceed the amount paid by you for access to Balnzed during the twelve (12) months preceding the date of the claim.

8.1 You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of Balnzed or your breach of these Terms and Conditions.

9.1 We collect, use, store, share, and disclose your Personal Information in accordance with our Privacy Policy.

9.2 By using Balnzed, you consent to our collection, use, storage, sharing, and disclosure of your Personal Information in accordance with our Privacy Policy.

10.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia.

10.2 You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, for the resolution of any disputes arising out of or in connection with these Terms and Conditions or your use of Balnzed.

11.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.2 The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely achieves the intent of the original provision.

12.1 These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of Balnzed and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral.

13.1 Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision or of our right to enforce such provision at a later time.

14.1 If you have any questions or concerns about these Terms and Conditions or Balnzed, please contact us at support@balnzed.com.

15.1 Balnzed may, from time to time, offer a referral program to its users. The terms and conditions of the referral program will be set out in separate documentation and will be incorporated into these Terms and Conditions by reference. By participating in the referral program, you agree to be bound by the terms and conditions of the referral program.

15.2 We reserve the right to modify or terminate the referral program at any time, for any reason, without notice.

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